0 0 0 0"-
012' 2 13$24 5 6 271 708$ 1$#89
0 0
1 2
0""
0 0 3. 1. 4&
25"/ 0 4
4 04-
Regular City Council Meeting February 1, 2022
@
5 A 5A+'
6 7
5 24 8188
81881%%2 5
8 214 8
B4 81884 C%432%4# 27 B0
C%47$0487$ 8#
C8%74%%% #%
21 9
4 8% B4 8188
C74111 11
7 5
4 877
818% 5
877
8 877
04-. 4 4&
Regular City Council Meeting February 1, 2022
7 5 6
4 872
2 %0 5
872
8 872
7 6 5
6 818%
6 6 818%
7 8 A
@ D
E DE"' 4
4 F G DE"
A B#72
D D
4 H
@ 8
A 4
4 5 @ I
D A
J D I @ C3#4111
8 A
8 A
3 D@
@
5 4
5 6 4 4 5 4 5
6 4 D 4 6
8 5 4 D 4
5 4 5 6
0 6 4
Regular City Council Meeting February 1, 2022
2 1$$#
1$$#
I 4 4
C8141114 @
C%114111
8 5
5 5
@ 8
5 4
4 @ 4
04 8188 4 818#4
8 5
6 2
I
A 8188 B1 8188 B1 K,!
5 13%B8%
C%8#4B30 B8
A E 3071
8 A E 3B13
8 @ E
I D
@ C%042%$ 7B H
@
@
C88B482# %7 H
@
1%83
H
6 C#$ 4%BB 4
@
4 4
6 6'
E I
8 Regular City Council Meeting February 1, 2022
0 B E
D) E
7 E
9 7
@ D
E DE"' 4 DE" A B1$%& 4
H
87$ 8 %1 8 4
5 H
6 B4 8188
87$
8 5
3 H
8188 18 D@
4 818% 4
818%874 818% 74 818%08 818%00
6 8 8188 18
3 D 6
@ D
L 6 4
4 4 8188
D L
4.% 52-/4.--
0 0
8#0' 4 4 6
Regular City Council Meeting February 1, 2022
I D5 DD D>", I"!
A B03B7
I D5 5D
A B03B7&
0-.& 04 0
02 4 4
4 78
6 87 4 8188
MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM
6 4
1 3 11
N 5
8 %
6 4 J 4 0#1B 4 4 4
4 5 4 7 11
B 1 N
C1 %1
4 6 6"'
6" 4 4
8#' B2# 22%% 02
4 3 4
B
4 4
CLOSED SESSION
Regular City Council Meeting February 1, 2022
5 4
5 @
4 5
4 A B03B$ 3 4
4 4
Regular City Council Meeting February 1, 2022
0 1
2343 4!51
5 561
4!758
4!6
1 2
1 11 1%1
1 49 1%1
499
@A 3@ A5*
1 0
123
23 23
3 MINUTES
VERNON CITY COUNCIL
REGULAR MEETING
TUESDAY, JANUARY 18, 2022
REMOTE LOCATION VIA ZOOM
CALL TO ORDER
Mayor Ybarra called the meeting to order at 9:01 a.m. in memory of Fire Fighter Jonathan Flagler.
FLAG SALUTE
Mayor Ybarra led the Flag Salute.
ROLL CALL
PRESENT:
Melissa Ybarra, Mayor (via remote access)
William Davis, Mayor Pro Tem (via remote access)
Leticia Lopez, Council Member (via remote access)
Crystal Larios, Council Member (via remote access)
Judith Merlo, Council Member (via remote access)
STAFF PRESENT:
Carlos Fandino, City Administrator (via remote access)
Zaynah Moussa, Interim City Attorney (via remote access) Lisa Pope, City Clerk (via remote access)
Scott Williams, Finance Director (via remote access)
Abraham Alemu, Public Utilities General Manager (via remote access) Michael Earl, Human Resources Director (via remote access) Fredrick Agyin, Health and Environmental Control Director (via remote access) Robert Sousa, Police Chief (via remote access)
Dan Wall, Public Works Director (via remote access)
APPROVAL OF THE AGENDA
MOTION
Council Member Larios moved and Council Member Lopez seconded a motion to approve the agenda. The question was called and the motion carried unanimously.
PUBLIC COMMENT
None.
Regular City Council Meeting Minutes Page 2 of 5
January 18, 2022
PRESENTATIONS
1. Employee Service Pin Awards for November and December 2021 Recommendation: No action required by City Council. This is a presentation only.
Human Resources Director Earl acknowledged Kenneth P. Jackson, Facilities Maintenance Supervisor; Claudia Arellano, Utilities Program Analyst; Raquel Franco, Payroll Specialist; Gustavo De Loza, Senior Street Maintenance Worker; Stephanie M. Johnson, Administrative Secretary; Cynthia P. Cano, Permit Technician as recipients of the Employee Service Pin Awards for November and December 2021.
2. Fiscal Year 2020-2021 Electric Fund Audited Financial Results Recommendation: A. Receive presentation on audited Electric Fund financial results for Fiscal Year 2020-2021; and B. Receive and file Fiscal Year 2020-2021 Electric Fund Annual Financial Report.
Finance Director Williams and Bob Callanan, CLA, provided an overview of the Fiscal Year 2020-2021 Electric Fund Audited Financial Results.
MOTION
Council Member Lopez moved and Council Member Larios seconded a motion to receive and file the Fiscal Year 2020-2021 Electric Fund Annual Financial Report.
The question was called and the motion carried unanimously.
CONSENT CALENDAR
MOTION
Mayor Pro Tem Davis moved and Council Member Merlo seconded a motion to approve the Consent Calendar. The question was called and the motion carried unanimously.
The Consent Calendar consisted of the following items:
3. Approval of Minutes
Recommendation: Approve the November 30, 2021 Special, December 7, 2021 Regular, December 15, 2021 Special, and December 22, 2021 Special City Council meeting minutes.
4. Claims Against the City
Recommendation: Receive and file the claim submitted by David Namvar - Downey 26, LLC in the amount of $14,000.
5. City Payroll Warrant Registers for November and December 2021 Recommendation: A. Approve City Payroll Warrant Register No. 786, for the period of November 1 through November 30, 2021, totaling $2,418,717.17 and consisting of ratification of direct deposits, checks and taxes totaling $ 1,598,416.20 and ratification of checks and electronic fund transfers ( EFT) for payroll related disbursements totaling $820,300.97 paid through operating bank account; and B.
Regular City Council Meeting Minutes Page 3 of 5
January 18, 2022
Approve City Payroll Warrant Register No. 787, for the period of December 1 through December 31, 2021, totaling $3,082,091.72 and consisting of ratification of direct deposits, checks and taxes totaling $ 2,369,386.14 and ratification of checks and electronic fund transfers ( EFT) for payroll related disbursements totaling $712,705.58 paid through operating bank account.
6. Operating Account Warrant Register
Recommendation: Approve Operating Account Warrant Register No. 79, for the period of November 21, 2021 through January 1, 2022, totaling $29,714,705.90 and consisting of ratification of electronic payments totaling $ 28,491,301.21, ratification of the issuance of early checks totaling $ 1,223,404.69 and voided Check Nos. 608325, 608551 totaling $378.00.
7. Fire Department Activity Report
Recommendation: Receive and file the November 2021 Fire Department Activity Report.
8. Police Department Activity Report
Recommendation: Receive and file the November 2021 Report.
9. Public Works Department Monthly Report
Recommendation: Receive and file the November 2021 Building Report.
10. Conduct of Meetings via Teleconference Pursuant to Assembly Bill 361 Recommendation: Ratify the findings in Resolution No. 2021-36 authorizing continued conduct of City Council and all other City legislative body meetings via teleconference, in accordance with Assembly Bill 361 (AB 361), due to continued public health and safety concerns caused by COVID-19.
11. Conflict of Interest Code (Statement of Economic Interests) Recommendation: Adopt Resolution No. 2022-01 establishing a conflict of interest code for all agencies, boards, commission, committees, designated City personnel and officials, and repealing Resolution No. 2021-29.
12. Recodification of City of Vernon Municipal Code
Recommendation: A. Waive full reading, introduce and conduct first reading of Ordinance No. 1277 adopting the 2021 Recodified and Republished Vernon Municipal Code; and B. Direct staff to schedule second reading and adoption for the February 1, 2022 City Council meeting.
NEW BUSINESS
13. Mandatory Organic Waste Disposal Reduction Ordinance Recommendation: A. Find that the proposed action is exempt from the California Environmental Quality Act ( CEQA), in accordance with CEQA Guidelines § 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and CEQA Guidelines §15308, because the new regulations, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency for the protection of the environment; B.
Waive full reading and introduce and conduct first reading of Ordinance No. 1278 adding Chapter 8.14 to the Vernon Municipal Code to regulate mandatory organic waste disposal reduction; and C. Direct staff to schedule second reading and adoption for the February 1, 2022 City Council meeting.
Regular City Council Meeting Minutes Page 4 of 5
January 18, 2022
Health and Environmental Control Director Agyin presented the staff report.
In response to Council questions, Health and Environmental Control Director Agyin explained the exemption for small businesses; educational outreach; and grace period to March 2022, with the opportunity for a waiver if necessary.
MOTION
Council Member Lopez moved and Mayor Pro Tem Davis seconded a motion to:
A. Find that the proposed action is exempt from the California Environmental Quality Act ( CEQA), in accordance with CEQA Guidelines § 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and CEQA Guidelines §15308, because the new regulations, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency for the protection of the environment; B. Waive full reading and introduce and conduct first reading of Ordinance No. 1278 adding Chapter
8.14 to the Vernon Municipal Code to regulate mandatory organic waste disposal reduction; and C. Direct staff to schedule second reading and adoption for the February 1, 2022 City Council meeting. The question was called and the motion carried unanimously.
ORAL REPORTS
City Administrator Reports on Activities and other Announcements.
City Administrator Fandino announced that the Vernon CommUNITY Fund Scholarship Program was accepting applications through March 31, 2022 for the 2022 Calendar Year. He announced the services for Firefighter Flagler and expressed his condolences to the fallen firefighter’s family, friends, loved ones, and colleagues.
City Council Reports on Activities ( including AB1234), Announcements, or Directives to Staff.
None.
RECESS
Mayor Ybarra recessed the meeting to Closed Session at 9:24 a.m.
CLOSED SESSION
14. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Jerry Chavez v. City of Vernon
Los Angeles Superior Court Case No. 21STCP04133
Regular City Council Meeting Minutes Page 5 of 5
January 18, 2022
15. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Name of Case: Daniel Armellini vs. City of Vernon
Workers Compensation Appeals Board Case Nos. ADJ13084583 and ADJ13623594
16. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: Interim City Attorney
RECONVENE
At 9:58 a.m., Mayor Ybarra adjourned Closed Session and reconvened the regular meeting.
CLOSED SESSION REPORT
Interim City Attorney Moussa reported that the Council met in Closed Session, discussed the items on the agenda, and unanimously approved and authorized settlement regarding Workers Compensation Appeals Board Case Nos.
ADJ13084583 and ADJ13623594.
ADJOURNMENT
Mayor Ybarra adjourned the meeting at 9:59 a.m.
MELISSA YBARRA, Mayor
ATTEST:
LISA POPE, City Clerk
seal)
0 10 1&2
3 4!45
64 6(
4 4!
4 66724 4!
0&
0"
01 20 2*
0 0" 0
22340
0"
0 1( 2%33 0 0
ORDINANCE NO. 1277
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON
ADOPTING THE 2021 RECODIFIED AND REPUBLISHED VERNON
MUNICIPAL CODE
SECTION 1. Recitals.
A. The City’s Municipal Code (Code) was originally codified in 1959, with hundreds of supplements issued over the past sixty years.
B. To improve its usefulness and clarity, the City selected a consultant to recodify the Code.
C. Quality Code Publishing recodified and republished the Code in its entirety and will continue to periodically update the Code to incorporate new legislation.
D. The fully recodified Vernon Municipal Code is now on file in the Office of the City Clerk for public inspection.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct and are a substantial part of this ordinance.
SECTION 3. The City Council of the City of Vernon hereby adopts the “Vernon Municipal Code”, as compiled, edited and published by Quality Code Publishing, Seattle, Washington.
SECTION 4. Reference to specific ordinances. The provisions of this Code shall not in any manner affect matters of record which refer to or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code.
SECTION 5. Ordinances passed prior to adoption of the Code. The last ordinance included in this Code is Ordinance No. 1275, adopted March 2, 2021.
SECTION 6. Effect of Code on past actions and obligations. Adoption of this Code does not affect administrative actions or prosecutions for ordinance violations committed prior to the effective date of this Code, does not waive any fee or penalty due and unpaid on the effective date of this Code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance.
Ordinance No. 1277
SECTION 7. References to prior code. References in city forms, documents and regulations to the chapters and sections of the former city code shall be construed to apply to the corresponding provisions contained within this Code.
SECTION 8. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 9. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable.
SECTION 10. The City Clerk shall certify the adoption and publish this ordinance as required by law.
APPROVED AND ADOPTED this __ day of _____, 2022.
MELISSA YBARRA, Mayor
ATTEST:
LISA POPE, City Clerk
seal)
APPROVED AS TO FORM:
ZAYNAH N. MOUSSA,
Interim City Attorney
CALIFORNIA NEWSPAPER SERVICE BUREAU
PRE#
D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):
Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone ( 800) 788-7840 / Fax (800) 464-2839
Visit us @ www. LegalAdstore. com
LISA POPE
CITY OF VERNON CITY CLERK
4305 SANTA FE AVE
VERNON, CA 90058
ORD ORDINANCE PUBLICATION
Ordinance 1277 - Introduction Summary
01/20/2022
Notice Type:
Ad Description
COPY OF NOTICE
3547979
A000005920203!
An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.
SUMMARY OF ORDINANCE No. 1277
Ordinance No. 1277 adopts the 2021 Recodified
and Republished Vernon Municipal Code, which
updates the 1959 Code to modernize it, render it
consistent with current law and City practices,
and eliminate obsolete references.
Ordinance No. 1277 was introduced by the
Vernon City Council at a regular meeting on
January 18, 2022. Second reading and adoption
of the ordinance are scheduled for the Regular
City Council meeting on February 1, 2022, at City
Hall, 4305 Santa Fe Avenue, Vernon, California.
The full text of Ordinance No. 1277 is on file in
the City Clerk Department.
1/20/ 22
PRE- 3547979#
HUNTINGTON PARK BULLETIN
0 0
00 1 2+ 3$44 1 1
ORDINANCE NO. 1278
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON
ADDING CHAPTER 8.14 TO THE VERNON MUNICIPAL CODE TO
REGULATE ORGANIC WASTE DISPOSAL REDUCTION
SECTION 1. Recitals.
A. Senate Bill 1383 (SB 1383) (Chapter 395, Statutes of 2016) directed the California Department of Resources Recycling and Recovery ( CalRecycle) to adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025.
B. SB 1383 also requires the regulations to recover, for human consumption, at least 20 percent of edible food that is currently thrown away.
C. CalRecycle promulgated regulations as directed in SB 1383 in Chapter 12 (ShortLived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations.
D. The SB 1383 Regulations take effect January 1, 2022, and require the City of Vernon to adopt an ordinance to enforce the SB 1383 Regulations by said date.
E. The City Council desires to add an Organics Recycling Ordinance to comply with the SB 1383 Regulations.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct and are a substantial part of this ordinance.
SECTION 3. Chapter 8.14 is hereby added to the Vernon Municipal Code, to read as follows:
Chapter 8.14 MANDATORY ORGANIC WASTE DISPOSAL REDUCTION Section 8.14.010 Definitions
The following definitions shall apply to the provisions of this article:
a) “ Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste. b) “ CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on City of Vernon.
Ordinance No. 1278
c) “ California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). d) “ City of Vernon Enforcement Official” means the City Administrator, or other executive in charge or their authorized Designee(s) who are responsible for enforcing this ordinance.
e) “ Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance.
f) “ Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Sections 3(rrr) and 3(sss) of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74).
For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
g) “ Compliance Review” means a review of records by the City of Vernon to determine compliance with this ordinance.
h) “ Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). i) “ Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.
j) “ Compostable Plastics” or “ Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
k) “ Container Contamination” or “ Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
l) “ C&D” means construction and demolition debris.
Ordinance No. 1278
m) “ Designated Source Separated Organic Waste Facility”, as defined in 14 CCR Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:
1) The facility is a “ transfer/processor,” as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste received from the Source Separated Organic Waste collection stream.
A) If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two ( 2) consecutive reporting periods, or three ( 3) reporting periods within three ( 3) years, the facility shall not qualify as a “Designated Source Separated Organic Waste Facility”.
2) The facility is a “composting operation” or “composting facility” as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.
A) If the percent of the material removed for landfill disposal that is Organic Waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive reporting periods, or three ( 3) reporting periods within three ( 3) years, the facility shall not qualify as a “Designated Source Separated Organic Waste Facility.” For the purposes of this ordinance, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).
n) “ Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “ Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
Ordinance No. 1278
o) “ Enforcement Action" means an action of the City of Vernon to address noncompliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
p) “ Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City of Vernon and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in City of Vernon, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose City of Vernon, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the City of Vernon’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by City of Vernon or its Designee for collection services. q) “ Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
r) “ Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
s) “ Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
t) “ Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1) A food bank as defined in Section 113783 of the Health and Safety Code; 2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and
Ordinance No. 1278
3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
u) “ Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). v) “ Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
w) “ Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
x) “ Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
y) “ Food Waste” means Food Scraps, Food-Soiled Paper, and Compostable Plastics. z) “ Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Mixed Waste. aa) “ Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
bb) “ Hauler Route” means the designated itinerary or sequence of stops for each segment of the City of Vernon’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
Ordinance No. 1278
cc) “ High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “ Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
dd) “ Inspection” means a site visit where a City of Vernon reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).
ee) “ Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.
ff) “ Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance.
gg) “ Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). hh) “ Mixed Waste Organic Collection Stream” or “Mixed Waste” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).
Ordinance No. 1278
ii) “ Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
jj) “ MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
kk) “ Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
ll) “ Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
mm) “ Notice of Violation ( NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
nn) “ Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). oo) “ Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
pp) “ Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). qq) “ Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
Ordinance No. 1278
rr) “ Prohibited Container Contaminants”
1) Two-container ( blue/gray) collection service for Source Separated Recyclable Materials and mixed materials): “ Prohibited Container Contaminants” means the following: (i) discarded materials placed in a Blue Container that are not identified as acceptable Source Separated Recyclable Materials for City of Vernon’s Blue Container; ( ii) discarded materials placed in the Gray Container that are identified as acceptable Source Separated Recyclable Materials, which are to be separately collected in City of Vernon’s Blue Container; and, ( iii) Excluded Waste placed in any container.
ss) “ Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). tt) “ Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). uu) “ Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
vv) “ Regional Agency” means regional agency as defined in Public Resources Code Section 40181.
ww) “ Remote Monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices as remote monitoring technology in collection containers or on collection vehicles to visualize the contents of Blue Containers and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants. xx) “Rendering Plant” means an establishment where one or more rendering materials are cooked, melted down, extracted, clarified, or otherwise processed to produce oil, tallow, grease, fertilizer, or animal feed. A rendering plant shall not include an establishment exclusively producing fats, oils, lard, or similar products for human consumption; nor any similar process in connection with, and incidental to, a slaughterhouse, abattoir, packing plant, or similar establishment producing food for human consumption.
yy) “ Renewable Gas” means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
Ordinance No. 1278
zz) “ Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
aaa) “ Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
bbb) “ SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
ccc) “ SB 1383 Regulations” or “ SB 1383 Regulatory” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
ddd) “ Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
eee) “ Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
fff) “ Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
Ordinance No. 1278
2) Radioactive waste regulated pursuant to the State Radiation Control Law Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
ggg) “ Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Mixed Waste or other Solid Waste for the purposes of collection and processing.
hhh) “ Source Separated Blue Container Organic Waste” means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7). iii) “ Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. jjj) “ State” means the State of California.
kkk) “ Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($ 2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
Ordinance No. 1278
lll) “ Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
1) Supermarket.
2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
3) Food Service Provider.
4) Food Distributor.
5) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.
mmm) “ Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2) Hotel with an on-site Food Facility and 200 or more rooms. 3) Health facility with an on-site Food Facility and 100 or more beds. 4) Large Venue.
5) Large Event.
6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. 7) A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.
nnn) “ Uncontainerized Green Waste and Yard Waste Collection Service” or Uncontainerized Service” means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
Ordinance No. 1278
ooo) “ Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food ( including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
Section 8.14.020. Requirements for Single-Family Generators Single-Family Organic Waste Generators shall comply with the following requirements:
a) Shall subscribe to City of Vernon’s Organic Waste collection services for all Organic Waste generated as described below in subsection (b). City of Vernon shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family generators shall adjust its service level for its collection services as requested by the City of Vernon. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
b) Shall participate in the City of Vernon’s Organic Waste collection service by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers. 1) Two-container collection service (Blue Container/Gray Container system) a) Blue Container/Gray Container: Generator shall place only Source Separated Recyclable Materials in a Blue Container. Generator shall place all other materials (Mixed Waste) in a Gray Container.
Section 8.14.030 Requirements for Commercial Businesses Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
a) Subscribe to City of Vernon’s two-container collection services and comply with requirements of those services as described below, except Commercial Businesses that meet the Self-Hauler Requirements in accordance with Section
8.14.080. City of Vernon shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Commercial Businesses shall adjust their service level for their collection services as requested by the City of Vernon.
Ordinance No. 1278
b) Participate in the City of Vernon’s Organic Waste collection service by placing designated materials in designated containers as described below. 1) Two-container collection service (Blue Container/Gray Container system) A) Blue Container/Gray Containers: Generator shall place only Source Separated Recyclable Materials in a Blue Container. Generator shall place all other materials (Mixed Waste) in a Gray Container. c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Section 8.14.030(d)(1) and 8.14.030(d)(2) below) for employees, contractors, tenants, and customers, consistent with City of Vernon’s Blue Container, and Gray Container collection service.
d) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
1) A body or lid that conforms with the container colors provided through the collection service provided by City of Vernon, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. 2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022. e) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Section 8.14.030(d) pursuant to 14 CCR Section 18984.9(b).
Ordinance No. 1278
f) To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City of Vernon’s Blue Container, and Gray Container collection service. g) Excluding Multi-Family Residential Dwellings, monthly inspect Blue Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
h) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Recyclable Materials.
i) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Recyclable Materials separate from Mixed Waste (when applicable) and the location of containers and the rules governing their use at each property. j) Provide or arrange access for City of Vernon or its agent to their properties during all Inspections conducted in accordance with Vernon Municipal Code Section
8.14.120 to confirm compliance with the requirements of this ordinance. k) Accommodate and cooperate with City of Vernon’s Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at a later date, to evaluate generator’s compliance with Section 8.14.030(b). The Remote Monitoring program shall involve installation of Remote Monitoring equipment on or in the Blue Containers, and Gray Containers. l) At Commercial Business’s option and subject to any approval required from the City of Vernon, implement a Remote Monitoring program for Inspection of the contents of its Blue Containers, and Gray Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Generators may install Remote Monitoring devices on or in the Blue Containers, and Gray Containers subject to written notification to or approval by the City of Vernon.
m) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
n) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Vernon Municipal Code Section 8.14.050.
Ordinance No. 1278
Section 8.14.040 Waivers for Generators
a) De Minimis Waivers
City of Vernon may waive a Commercial Business’ obligation ( including MultiFamily Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides written selfattestation and documentation that the business generates below a certain amount of Organic Waste material as described in Section 8.14.040(a)(2) below.
Commercial Businesses requesting a de minimis waiver shall:
1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 8.14.040(a)(2) below.
2) Provide written self-attestation that either:
A) The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or,
B) The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.
3) Notify City of Vernon if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
4) The Commercial Business shall recertify the de minimis waiver every 5 years, if City of Vernon has approved de minimis waiver. 5) The City of Vernon reserves the right to revoke a de minimis waiver at any time if the generator is found to be in violation of any section of this chapter. b) Physical Space Waivers
City of Vernon may waive a Commercial Business’ or property owner’s obligations including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the Jurisdiction has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the Ordinance No. 1278
collection containers required for compliance with the Organic Waste collection requirements of Vernon Municipal Code Section 8.14.020 or 8.14.030.
A Commercial Business or property owner may request a physical space waiver through the following process:
1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2) Provide documentation that the premises lacks adequate space for Blue Containers including documentation from its hauler, licensed architect, or licensed engineer.
3) The Commercial Business or property owner shall recertify the physical space waiver every 5 years if City of Vernon has approved application for a physical space waiver.
4) The City of Vernon reserves the right to revoke a physical space waiver at any time if the generator is found to be in violation of any section of this chapter.
c) Collection Frequency Waiver
City of Vernon, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City of Vernon’s twocontainer Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both once every fourteen days, rather than once per week.
d) The City of Vernon may provide additional waivers of the requirements of this chapter to the extent permitted by applicable law.
e) Review and approval of waivers will be the responsibility of the City of Vernon Enforcement Official, which may be the Director of Health and Environmental Control or their designated entity, legal counsel, or combination thereof.
Section 8.14.050. Requirements for Commercial Edible Food Generators a) Tier One Commercial Edible Food Generators must comply with the requirements of this section commencing January 1, 2022 and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Ordinance No. 1278
Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
c) Commercial Edible Food Generators shall comply with the following requirements:
1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
2) Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. 4) Allow City of Vernon’s designated enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4. 5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
iii) The established frequency that food will be collected or selfhauled. iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
Ordinance No. 1278
6) No later than December 31 of each year commencing no later than January 1, 2022 or Tier One Commercial Edible Food Generators and January 1, 2024 for Tier Two Commercial Edible Food Generators provide an annual Food Recovery report to the City of Vernon that includes the following information:
A) Records as specified in Section 8.14.090(c)(5) of this ordinance or as otherwise specified in 14 CCR Section 18991.4.
B) Amount and type of Edible Food that was not accepted by Food Recovery Organizations or services for donation.
d) Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
Section 8.14.060 Requirements for Food Recovery Organizations and Services a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. 2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
Ordinance No. 1278
1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. 2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. c) Food Recovery Organizations and Food Recovery Services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
d) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City of Vernon and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City of Vernon the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than January 1, of each calendar year.
Section 8.14.070 Requirements for Haulers and Facility Operators a) Requirements for Haulers
1) Non-exclusive franchised haulers, Permitted haulers, or Licensed haulers providing residential, Commercial, or industrial Organic Waste collection services to generators within the City of Vernon’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City of Vernon to collect Organic Waste:
A) Through written notice to the City of Vernon annually on or before December 31, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, and Mixed Waste.
B) Transport Source Separated Recyclable Materials, and Mixed Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
C) Obtain approval from the City of Vernon to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a Ordinance No. 1278
manner that complies with 14 CCR Section 18989.1, Section
8.14.070 of this ordinance, and City of Vernon’s C&D ordinance. 2) Non-exclusive franchised haulers, Permitted haulers, or Licensed haulers authorized to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, contract, or other agreement entered into with City of Vernon. b) Requirements for Facility Operators and Community Composting Operations 1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon City of Vernon request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.
Entities contacted by the City of Vernon shall respond within 60 days. 2) Community Composting operators, upon City of Vernon request, shall provide information to the City of Vernon to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation.
Entities contacted by the City of Vernon shall respond within 60 days.
Section 8.14.080. Self-Hauler Requirements
a) Self-Haulers shall source separate all recyclable materials and Organic Waste generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, SelfHaulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Jurisdiction. The records shall include the following information:
1) Delivery receipts and weight tickets from the entity accepting the waste.
Ordinance No. 1278
2) The amount of material in cubic yards or tons transported by the generator to each entity.
3) If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the SelfHauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
d) Self-Haulers that are Commercial Businesses ( including Multi-Family SelfHaulers) shall provide information collected in Section 8.14.080.10(c) to City of Vernon if requested.
e) A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in Section 8.14.080.10(c) and (d). f) In accordance with Vernon Municipal Code Section 8.12.060(H), Self-Haulers must obtain a permit from the City of Vernon prior to any self- hauling activities.
Any applicant issued a Self-Hauler permit for Source Separated Recyclable Materials, Construction and Demolition, and/or Organic Waste found to be in violation of this ordinance, may have their self-hauler permit immediately and temporarily suspended, in accordance with Vernon Municipal Code Section
8.12.060(H)(9). If such a permit is suspended or revoked, and the applicant will be required to subscribe to solid waste and recycling services from the City’s franchise waste haulers within five ( 5) days of the suspension or revocation.
Failure to subscribe to solid waste and recycling services may result in penalties prescribed in accordance with Vernon Municipal Code Section 8.14.130.
Section 8.14.090. Compliance with CALGreen Recycling Requirements a) The City of Vernon has adopted by reference the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, as set forth in Vernon Municipal Code Sec. 24.106 and 24.107. Persons applying for a permit from the City of Vernon for new construction and building additions and alternations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the City of Vernon. If the requirements of CALGreen are more stringent then the requirements of this Section, the CALGreen requirements shall apply.
Project applicants shall refer to City of Vernon’s building and/or planning code for complete CALGreen requirements.
Ordinance No. 1278
Section 8.14.100. Model Water Efficient Landscaping Ordinance Requirements a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City of Vernon, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this Section 8.14.100.
b) The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this ordinance. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter I2.7. c) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 8.14.100 (a) above shall:
1) Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
A) For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six ( 6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
B) For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
C) Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
2) The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance Ordinance No. 1278
outlined in Section 8.14.100 ( a) shall consult the full MWELO for all requirements.
d) If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires City of Vernon to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
Section 8.14.110. Procurement Requirements for City of Vernon Departments, Direct Service Providers, and Vendors
a) City of Vernon departments, and direct service providers to the City of Vernon, as applicable, must comply with the City of Vernon’s Recovered Organic Waste Product Procurement Policy and Recycled-Content Paper Procurement Policy. b) All vendors providing Paper Products and Printing and Writing Paper shall:
1) If fitness and quality are equal, provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled Paper Products and Printing and Writing Paper are available at the same or lesser total cost than non-recycled items or at a total cost of no more than 5% of the total cost for non-recycled items. 2) Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City of Vernon. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. 4) Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the City of Vernon is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013). 5) Provide records to the City of Vernon’s Recovered Organic Waste Product procurement recordkeeping Designee, in accordance with the City of Vernon’s Recycled-Content Paper procurement policy(ies) of all Paper Ordinance No. 1278
Products and Printing and Writing Paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the City of Vernon. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in Section 8.14.110(b)(3) and 8.14.110(b)(4) of this ordinance for recycledcontent purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if nonrecycled content Paper Products or Printing and Writing Papers are provided, include a description of why Recycled-Content Paper Products or Printing and Writing Papers were not provided.
Section 8.14.120. Inspections and Investigations by City of Vernon a) City of Vernon representatives and/or its designated entity are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses ( including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow City of Vernon to enter the interior of a private residential property for Inspection.
For the purposes of inspecting Commercial Business containers for compliance with this chapter, City of Vernon may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with City’s use of Remote Monitoring. b) Any entity regulated under this chapter shall provide or arrange for access during all Inspections ( with the exception of residential property interiors) and shall cooperate with the City of Vernon’s employee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: ( i) access to an entity’s premises; ( ii) installation and operation of Remote Monitoring equipment, if applicable; or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.
c) Any records obtained by the City of Vernon during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
Ordinance No. 1278
d) City of Vernon representatives are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
e) City of Vernon shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
Section 8.14.130. Enforcement
a) Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a City of Vernon Enforcement Official. Enforcement Actions under this ordinance are issuance of an administrative citation and assessment of a fine. The City of Vernon’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.
b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City of Vernon may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City of Vernon may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City of Vernon staff and resources.
c) Responsible Entity for Enforcement
1) Enforcement pursuant to this ordinance shall be undertaken by the City of Vernon Enforcement Official, which may be the city administrator or their designated entity, legal counsel, or combination thereof.
A) City of Vernon Enforcement Official(s) will interpret ordinance; determine if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.
B) City of Vernon Enforcement Official(s) may issue Notices of Violation(s).
d) Process for Enforcement
1) City of Vernon Enforcement Officials will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 8.14.120 establishes City of Vernon’s right to conduct Inspections and investigations.
Ordinance No. 1278
2) City of Vernon may issue an official notification to notify regulated entities of its obligations under the ordinance.
3) For incidences of Prohibited Container Contaminants found in containers, City of Vernon will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within 7 days after determining that a violation has occurred. If the City of Vernon observes Prohibited Container Contaminants in a generator’s containers on more than three (3) occasion(s), within a calendar year, the City of Vernon may assess contamination processing fees or contamination penalties on the generator.
4) With the exception of violations of generator contamination of container contents addressed under Section 8.14.130(d)(3), City of Vernon shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.
5) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City of Vernon shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the City of Vernon’s requirements contained in Section 8.14.130(k), Table 1, List of Violations.
Notices shall be sent to “ owner” at the official address of the owner maintained by the tax collector for the City of Vernon or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information.
e) Penalty Amounts for Types of Violations
The penalty levels are as follows:
1) For a first violation, the amount of the base penalty shall be $ 100 per violation.
2) For a second violation, the amount of the base penalty shall be $200 per violation.
3) For a third or subsequent violation, the amount of the base penalty shall be 500 per violation.
Ordinance No. 1278
g) Compliance Deadline Extension Considerations
The City of Vernon may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 8.14.130 if it finds that thereare extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2) Delays in obtaining discretionary permits or other government agency approvals; or
3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City of Vernon is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
h) Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City of Vernon’s procedures in the City of Vernon’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The City of Vernon will appoint a hearing officer who shall conduct the hearing and issue a written order. i) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, City of Vernon will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if City of Vernon determines that Organic Waste Generator, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by December 31, 2023 and that violations may be subject to administrative civil penalties starting on January 1, 2024.
j) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the City of Vernon determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or Ordinance No. 1278
violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section 8.14.130, as needed.
k) Enforcement Table
Table 1. List of Violations
Requirement Description of Violation
Commercial Business and
Commercial Business Owner
Responsibility Requirement
Commercial Business fails to provide or arrange for
Organic Waste collection services consistent with City
of Vernon requirements and as outlined in this
ordinance, for employees, contractors, tenants, and
customers, including supplying and allowing access to
adequate numbers, size, and location of containers
and sufficient signage and container color.
Organic Waste Generator
Requirement
Organic Waste Generator fails to comply with
requirements adopted pursuant to this ordinance for
the collection and Recovery of Organic Waste.
Hauler Requirement A hauler providing residential, Commercial or industrial Organic Waste collection service fails to transport
Organic Waste to a facility, operation, activity, or
property that recovers Organic Waste, as prescribed
by this ordinance.
Hauler Requirement A hauler providing residential, Commercial, or industrial Organic Waste collection service fails to
obtain applicable approvalissued by the Cityof Vernon
to haul OrganicWasteas prescribed by this ordinance.
Hauler Requirement A hauler fails to keep a record of the applicable documentation of its approval by the City of Vernon, as prescribed by this ordinance.
Commercial Edible Food
Generator Requirement
Tier One Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its Edible
Food that would otherwise be disposed by establishing
a contract or written agreement with a Food Recovery
Organization or Food Recovery Service and comply
with this Section commencing Jan. 1, 2022.
Commercial Edible Food
Generator Requirement
Tier Two Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its Edible
Food that would otherwise be disposed by establishing
a contract or written agreement with a Food Recovery
Organization or Food Recovery Service and comply
with this Section commencing Jan. 1, 2024.
Ordinance No. 1278
Requirement Description of Violation
Commercial Edible Food
Generator Requirement
Tier One or Tier Two Commercial Edible Food
Generator intentionally spoils Edible Food that is
capable of being recovered by a Food Recovery
Organization or Food Recovery Service.
Organic Waste Generator,
Commercial Business
Owner, Commercial Edible
Food Generator, Food
Recovery Organization or
Food Recovery Service
Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.
Recordkeeping
Requirements for
Commercial Edible Food
Generator
Tier One or Tier Two Commercial Edible Food
Generator fails to keep records, as prescribed by
Section 8.14.090.
Recordkeeping
Requirements for Food
Recovery Services and Food
Recovery Organizations
A Food Recovery Organization or Food Recovery
Service that has established a contract or written
agreement to collect or receive Edible Food directly
from a Commercial Edible Food Generator pursuant to
14 CCR Section 18991.3(b) fails to keep records, as
prescribed by Section 8.14.060.
SECTION 4. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable.
SECTION 6. The City Clerk shall certify the adoption and publish this ordinance as required by law.
Ordinance No. 1278
SECTION 7. This Ordinance shall become effective after the thirtieth day following its adoption.
APPROVED AND ADOPTED this __ day of _____, 2022.
MELISSA YBARRA, Mayor
ATTEST:
LISA POPE, City Clerk
seal)
APPROVED AS TO FORM:
ZAYNAH N. MOUSSA,
Interim City Attorney
CALIFORNIA NEWSPAPER SERVICE BUREAU
PRE#
D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):
Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone ( 800) 788-7840 / Fax (800) 464-2839
Visit us @ www. LegalAdstore. com
LISA POPE
CITY OF VERNON CITY CLERK
4305 SANTA FE AVE
VERNON, CA 90058
ORD ORDINANCE PUBLICATION
Ordinance 1278 - Introduction Summary
01/20/2022
Notice Type:
Ad Description
COPY OF NOTICE
3547982
A000005920207!
An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.
SUMMARY OF ORDINANCE No. 1278
Ordinance No. 1278 adds Chapter 8.14 to the
Vernon Municipal Code to Regulate Organic
Waste Disposal Reduction pursuant to Senate Bill
SB) 1383, which requires all California
jurisdictions to implement mandatory organic
recycling programs aimed at single- family
residential, multi- family residential, and
commercial solid waste generators.
Ordinance No. 1278 was introduced by the
Vernon City Council at a regular meeting on
January 18, 2022. Second reading and adoption
of the ordinance are scheduled for the Regular
City Council meeting on February 1, 2022, at City
Hall, 4305 Santa Fe Avenue, Vernon, California.
The full text of Ordinance No. 1278 is on file in
the City Clerk Department.
1/20/ 22
PRE- 3547982#
HUNTINGTON PARK BULLETIN
Construction
Value
Number of
Permits
Year to Date
Value
Year to Date
Permits
Construction
Value
Number of
Permits
Year to Date
Value
Year to Date
Permits
Permit
Difference
Valuation
Difference
January 8,046, 145$ 43 8,046, 145$ 43 4,464, 611$ 62 4,464, 611$ 62 44% - 45% February 2,979, 923$ 48 11,026, 068$ 91 5,711, 149$ 45 10,175, 760$ 107 18% - 8% March 2,808, 127$ 16 13, 834, 195$ 107 1,966, 225$ 43 12, 141, 985$ 150 40% - 12% April 1,100, 252$ 10 14,934, 447$ 117 4,257, 030$ 57 16,399, 015$ 207 77% 10% May 1,134, 292$ 14 16, 068, 739$ 131 9,312, 090$ 51 25, 711, 105$ 258 97% 60% June 3,485, 709$ 55 19,554, 448$ 186 3,826, 680$ 59 29,537, 785$ 317 70% 51% July 3,305, 183$ 29 22, 859, 631$ 215 4,969, 602$ 38 34, 507, 387$ 355 65% 51% August 3,059, 660$ 48 25,919, 291$ 263 3,551, 601$ 42 38,058, 988$ 397 51% 47% September 2,591, 286$ 34 28, 510, 577$ 297 2,464, 590$ 44 40, 523, 578$ 441 48% 42% October 2,967, 007$ 39 31,477, 584$ 336 3,749, 547$ 45 44,273, 125$ 486 45% 41% November 6,421, 504$ 43 37, 899, 088$ 379 3,050, 393$ 47 47, 323, 518$ 533 41% 25% December 4,221, 282$ 39 42,120, 370$ 418 9,861, 839$ 38 57,185, 357$ 571 37% 36% 2020 2021 Year to Date
Monthly Report Summary
City of Vernon
Building Division
0 10
20 30
40 50
60 70
2,000, 000
4,000, 000
6,000, 000
8,000, 000
10, 000, 000
12, 000, 000
Monthly
2020 Construction Value 2021 Construction Value
2020 Number of Permits 2021 Number of Permits
0 100
200
300
400
500
600
10,000,000
20,000,000
30,000,000
40,000,000
50,000,000
60,000,000
70, 000, 000
Year to Date
2020 Year to Date Value 2021 Year to Date Value
2020 Year to Date Permits 2021 Year to Date Permits
Value
8 159
3 4
1 64
69 168
72 22
570
Certificate of Occupancy – New Buildings 3
Certificate of Occupancy – Existing Buildings 169
City of Vernon
Building Department
QQXDO Report from WR
Type # of Permits
Demolition $ 1,431,000.00
Electrical $ 7,886,263.00
Grading $ 3,057,500.00
Industrial - Addition $ 1,579,500.00
Industrial - New $ 4,669,628.00
Industrial - Remodel $ 8,990,178.00
Mechanical $ 15,696,489.30
Miscellaneous $ 8,449,779.73
Plumbing $ 2,345,681.24
Roof $ 2,932,838.00
Total Valuation $ 57,038,857.27
Total Fees Collected $ 861,209.31
Value
8 1
6 7
13 1
2 38
571
39 418
City of Vernon
XLOGLQJ Department
0RQWKO\ 5HSRUW from 12/1/2021 to 12/31/2021
Type # of Permits
Electrical $ 1,010,805.00
Industrial - New $ 4,669,628.00
Industrial - Remodel $ 2,320,000.00
Mechanical $ 729,600.00
Miscellaneous $ 732,800.00
Plumbing $ 4,100.00
Roof $ 394,906.00
December 2021 TOTALS PERMITS:$ 9,861,839.00
PREVIOUS MONTHS TOTAL $ 47,323,518.30 533
YEAR TO DATE TOTAL $ 57,185,357.30
December 2020 TOTALS PERMITS:
PREVIOUS MONTHS TOTAL
PRIOR YEAR TO DATE TOTAL
4,221,282.00
37,899,088.00 379
42,120,370.00
None
City of Vernon
Building Department
Demolition Report -' HFHPEHU 2021
6HYLOOH YHQXH
6HYLOOH YHQXH
DUHKRXVH DQG RIILFH EXLOGLQJ
6 City of Vernon
Building Department
New Buildings Report - ' HFHPEHU 2021
Tenant Description Job Value
B-2021- 5037 4383 EXCHANGE AVE Upgrade ventilation system for ammonia engine room with ( 1)
supply fan and (2) exhaust fans.
52000
APN 6304021052
B-2021- 5107 2955 LEONIS BLVD Install refrigeration equipment for expansion of existing cooler.
45600
APN 6303021015
B-2021-5009 2250 52ND ST ( 3) HVAC Units and ductwork for warehouse space
42000
APN 6308016048
B-2021-4960 2080 49TH ST Refrigeration equipment and
installation for cooler and freezer
260000
APN 6308015077
5 Record( s)$ 2,300,000.00
Mechanical
B-2021-4959 2760 FRUITLAND AVE Melissa' s World
Vari
Install refrigeration equipment for
process room and wine room
320000
APN
B-2021- 4513 4740 26TH ST Addition of 3,478 S.F of
Refrigeration Boxes to an existing
industrial building.
150000
APN 6332001004
6304005017
B-2021- 5082 2140 25TH ST TI Office and storage area part of lcoation new window, non bearing
wall installation
25000
APN 6302008007
B-2021- 4816 2760 FRUITLAND AVE TI cooler box 14,195 production cooler, 1283ft wine cooler w ceiling
and two 300ft print room
900000
APN
B-2021- 4547 3848 BANDINI BLVD Proposed J & M plant R/M pit enclosure
225000
APN
1 Record( s)$ 4,669,628.00
Industrial - Remodel
B-2021- 4815 2770 FRUITLAND AVE TI - cooler box 1000000 APN 6309026034
4 Record( s)$ 995,505.00
Industrial - New
B-2021- 4619 4620 SEVILLE AVE Proposed speculative warehouse and office building with a gross floor
area of 58,480 S.F.
4669628
APN 6308002016
B-2021- 5027 5600 ALAMEDA ST 500 kw generator installation project
283000
APN 6308017040
B-2021- 4511 4740 26TH ST Addition of 3,478 SF of
Refrigeration Boxes to an existing
industrial building
35000
APN 6332001004
650000
APN 6304005005
B-2021- 5115 2955 LEONIS BLVD Wiring cold storage rooms 27505 APN 6303021015
City of Vernon
Building Department
Major Projects from 12/1/2021 to 12/31/2021
Valuations > 20,000
Permit No. Project Address
Electrical
B-2021- 5063 4020 BANDINI BLVD Main plant R/M PIT Enclosure 2 Record( s)$ 394,906.00
22 Permit( s) Total $ 9,726,639.00
B-2021- 5097 4525 DISTRICT BLVD Tear off roof layers, install 1/2" CDX plywood, 28lb base sheet with app
modified bitumen roofing system
with pre-fabricated title 24 complint.
345500
APN 6304020021
5 Record( s)$ 647,000.00
Roof
B-2021- 5105 3220 26TH ST Clean roof of debris - lay 1/2" dens deck lay 60 MIL TPO mechanically
fastened system over existing metal
deck -
49406
APN 6303002025
B-2021- 4763 2300 52ND ST Storage racking 22000
APN 6308016049
B-2021- 5016 4201 FRUITLAND AVE Sound attenuation wall at cyclone and justification of roof mounted
cyclone ductwork support
75000
APN 6304027018
B-2021- 5028 5600 ALAMEDA ST 500 KW generator installation project
50000
APN 6308017040
B-2021- 4897 2050 49TH ST Bee Solution
Network
Installation of storage racks 100000
APN 6308015077
5 Record( s)$ 719,600.00
Miscellaneous
B-2021- 4790 4310 BANDINI BLVD 15 ton crane 400000
APN 6304004019
1 5
City of Vernon
Building Department
Status of Certificates of Occupancy Requests
Month of ' HFHPEHU 2021
Request for Inspection
Approved
Pending
Temporary Occupancies
City of Vernon
Certificate of Occupancy
Applications Date From 12/1/2021 to 12/31/2021
Issued Permit No. Project Address Tenant Description Fees Paid Square Feet C-2021- 1833 3305 BANDINI BLVD Prepared Meals Co. Warehouse and distribute frozen,
refrigerated and dry
goods.
885. 00 20000
APN 6303001005
C-2021- 1835 4515 48TH ST JH Custom Cabinets Inc Manufacturing of cabinets,
showcases, display
fixtures
885.00 8000
APN 6304019010
C-2021- 1836 5151 HELITROPE AV Hands Craft US, Inc. Warehousing puzzles and toys
885. 00 16540
APN 6314002015
C-2021- 1837 4501 50TH ST HK Pattern & Design Inc. Cutting and garment cutting
885. 00 18000
APN 6304017012
C-2021- 1838 2620 VERNON AVE Deluxity Inc Storage and
wholesale
handbags
885. 00 21600
APN 6308005014
C-2021- 1839 2734 46TH ST C. Luce Office space for
design & production
885.00 31360
APN 6308002014
C-2021- 1840 1937 VERNON AVE United Melon Distributors Produce distribution 885.00 22120 APN 6302017043
C-2021- 1841 2764 LEONIS BLVD Leed Imports Inc Warehouse; receiving and
shipping of
electronics
885.00 11861
APN 6308002009
C-2021- 1842 3748 26TH ST Italian Harvest Imports, Inc. Storage for dry food importer
885.00 11286
APN 5192030004
C-2021- 1843 3317 50TH ST Engine- partsman Wholesale and distribute goods
885.00 11840
APN 6303026011
1 Total for Certificate of Occupancy: 8,850.00 172,607.00 0010Permits( Total Fees 8,850.s)
City of Vernon
Certificate of Occupancy
Issued Date From 12/1/2021 to 12/31/2021
PaidIssued Permit No. Project Address DescriptionTenant FeetFees Square C-2021- 1646 4927 ALCOA AVE Rlah Fashion, Inc. 25267Warehousing and disribution of
women' s clothing &
accessories
0012/ 6/2021 885.
6303025020APN
C-2021- 1776 3817 SANTA FE AVE C. Luce Inc. 13265Warehousing and distribution of
clothing
0012/ 6/2021 885.
6302015016APN
0012/ 6/2021 C-2021- 1780 3305 VERNON AVE Mr. Gim Company 100Office use only 385. 6303006071APN
C-2021- 1713 2242 49TH ST Mankyung Coporation 17318Warehouse of blanket
0012/ 6/2021 885.
6308015020APN
C-2021- 1715 5275 DISTRICT BLVD URS Operations LLC 38622Warehousing and distribution of
furniture
0012/ 6/2021 885.
6314001903APN
C-2021- 1805 4900 50TH ST Socal Garment Works, LLC2100Warehousing of miscellaneous
storage
0012/ 9/2021 385.
6304011005APN
C-2018- 1020 3187 BANDINI BLVD He Sales, Inc. 9729Warehousing and distribution of
general merchandise
0012/ 9/2021 885.
6303001008APN
C-2021- 1708 3280 26TH ST PIC Corporation 51891Warehousing and distribution of
consumer products
0012/ 9/2021 1,046.
6303002021APN
00Total for Certificate of Occupancy: 6,241. 00 158, 292. 00Permits( Total Fees Paid 6,241.8 s)
1 0 1234! 5
6 7
67- 8
9 67
@A2
B
5 C
67!
B
8 B
B
24 11
D
E 8
F 7
6 @A2
@C1 42 @1G1 4A 8
@3 G 3 H
G @2A
H @G4
H 2!
1 of 4
AMENDMENT NO. 2 TO THE SERVICES AGREEMENT BETWEEN THE CITY OF
VERNON AND THE ARROYO GROUP FOR PREPARATION OF THE WESTSIDE
SPECIFIC PLAN AND PROGRAM EIR
This Amendment (Amendment No. 2) to that certain Agreement for preparation of the Westside Specific Plan and Program Environmental Impact Report (Agreement), is made as of February 1, 2022, by and between the City of Vernon, a California charter city and municipal corporation (City), and The Arroyo Group, a California corporation (Contractor).
WHEREAS, the City and Contractor are parties to a written Agreement dated October 6, 2020, under which Contractor is preparing a Mixed-Use Specific Plan, an Environmental Impact Report, and related updates to the City’s General Plan; and WHEREAS, in light of additional required work, the City and Contractor desire to amend the Agreement to increase Contractor’ s maximum compensation amount by an additional NinetyThree Thousand Dollars ($93,000). A copy of the Contractor’ s proposal for the additional scope of work is dated January 4, 2022, and attached hereto as Exhibit A-1.
NOW, THEREFORE, the parties to this Amendment No. 2 agree as follows:
1. In consideration of the additional scope of work included in Exhibit A-1, Section
5.2 of the Agreement shall be amended to increase the Contractor’ s grand total compensation to an amount not-to-exceed Seven Hundred Four Thousand Seven Hundred Twenty Dollars 704,720.00).
2. Except as expressly modified by this Amendment No. 2, all provisions of the Agreement shall remain in full force and effect.
3. The provisions of the Agreement and this Amendment No. 2 shall constitute the entire contract of the parties with respect to the subject matter included in this Amendment No. 2 and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 2.
4. The person or persons executing this Amendment No. 2 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 2 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties have signed this Amendment No. 2 as of the date stated in the introductory clause.
SIGNATURES FOLLOW ON NEXT PAGE]
2 of 4
CITY OF VERNON a California charter city
and municipal corporation
By: _______________________________
Carlos Fandino, City Administrator
The Arroyo Group, a California corporation
By:__________________________________
Name:
Title:
ATTEST:
Lisa Pope, City Clerk
By:
Name:
Title:
APPROVED AS TO FORM:
Zaynah N. Moussa,
Interim City Attorney
3 of 4
EXHIBIT A-1
ADDITIONAL SERVICES PROPOSAL
Decision Maker Education and Engagement
While the currently scoped outreach process has focused on stakeholders, stakeholder feedback has revealed that itis important to educated and engage with the entire Council, as ultimate decision makers, through the Specific Plan process.
x Presentation Preparation - The Arroyo Group + LOHA Team will prepare a thorough presentation explaining the key concepts and analyses behind the project for City Councilmembers. This presentation will be prepared at a similar level of effort to those created for previous Stakeholders Advisory Committee meetings. Topics covered will include an overview of the project and its rationale, the methods in which opportunities and challenges were identified, proposed catalytic site developments and land uses, proposed transportation enhancements, etc. The presentation will be prepared to use at interviews or Council study session. If both activities are undertaken, The Arroyo Group + LOHA Team will update the presentation between activities free of charge.
x City Council Study Session - The Arroyo Group + LOHA Team will structure and deliver a study session with the Council. The Arroyo Group will be supported by the appropriate subconsultants to answer questions from the Council.
Vernon Truck Corridor Conceptual Design Documentation
Traffic analysis undertaken as part of the Westside Specific Plan has demonstrated that a major portion of the truck trips currently along Santa Fe Avenue can be successfully diverted to the Vernon Truck Corridor proposed new name for Alameda East). The presentation focused on the intersection at Vernon Avenue, but in order to undertake the necessary traffic modeling, our engineering and design team had to think through the conceptual designs of the 38th Street, 55th Street, and Slauson Avenue intersections, and choose the most effective signal phasing and timing for every intersection along the Corridor. This proposal would document that work for thefull length of the Corridor and, together with the results of the traffic modeling, prepare a single report in the detail necessary for the City of Vernon to present the proposal to the City of Los Angeles for their concurrence, and then to initiate final engineering design for the project. The document can also serve to demonstrate the robustness of the analyses for stakeholders who are skeptical about the project’ s ability to adequately serve the Westside.
The report will include the following:
x Descriptive Text: Text explaining the purpose and process of the study, and pointing out particularly important aspects of the proposed preliminary design and traffic controls. x Geometrics: Preliminary design drawings for the full length of the Vernon Truck Corridor and all of its intersections from 25th Street to Slauson Avenue, such as to accommodate the through and turning movements of the largest trucks currently serving the City. Included will be required lane widths, turn pocket lengths, signal setback from intersections, pedestrian crosswalks and other factors necessary to facilitate all anticipated truck volumes and movements. x Traffic Signals: Traffic signal phasing and timing directives for every intersection. x Recommended Signage: Proposed new signage along the Vernon Truck Corridor and along S.
Alameda Street necessary to facilitate usage of the Corridor by trucks serving businesses in the City of Vernon.
4 of 4
x Traffic Projections: Projected traffic volumes and delays at intersections once the plan is implemented, incorporated from the work already completed for the Westside Specific Plan.
Enhanced Westside Specific Plan Summary & Renderings
Throughout our body of work, we have found that when three dimensional renderings are included, members of the public, stakeholders, and decision-makers are better able to imagine the intended future of their community, leading to their greater understanding and acceptance of the plan. This is especially key in Vernon, as the intended future looks very different from anything existing in the City currently.
This proposal is to prepare the Summary of the Plan (the first chapter of our final report) in a manner in which it can be published separately in full color by the City and distributed to the Stakeholders Advisory Committee and other members of the general public, to property owners within the City, and to developers whom the City wishes to attract. It would include two photorealistic renderings, showing in three dimensions theproposed character and ambiance of Vernon Plaza (an enhanced present Civic Center Plaza, full of relaxed residents and employees, surrounded by small coffee shops and stores, with new residential buildings in the background) and Santa Fe South (a calmer area suitable for modern living and working, with active sidewalks, curbside parking, protected bicycle lanes, and lovely street trees). If desired, a third rendering could be produced, showing Santa Fe North (a dynamic area withimproved streetscape, curbside parking, attractive landscaping, and active sidewalks and building frontages).
We anticipate that the Summary would be about 18 to 20 pages in length, and would be the first chapter in our final report. It will present the Vision, describe the community outreach process through the Stakeholders Advisory Committee, and summarize intext and images the traffic plan, and the district plans for Santa Fe North, City Center, and Santa Fe South. The entire plan will be depicted in a composite Westside axonometric drawing.
Capital Improvements Plan
We will engage a cost estimator to provide cost estimates for envisioned infrastructure projects, in order to incorporate inthe fiscal analysis, Specific Plan and implementation strategy.
BUDGET
We estimate that the analyses and deliverables described above will require a not-to exceed budget $93,000.00.
1 of 6
AMENDMENT NO. 1 TO THE SERVICES AGREEMENT BETWEEN THE CITY OF
VERNON AND THE ARROYO GROUP FOR PREPARATION OF THE WESTSIDE
SPECIFIC PLAN AND PROGRAM EIR
This Amendment (“ Amendment No. 1”) to that certain Agreement for preparation of the Westside Specific Plan and Program Environmental Impact Report (the “ Agreement”), is made as of April 6, 2021, by and between the City of Vernon, a California charter city and municipal corporation (the “ City”), and The Arroyo Group, a California corporation (“ Contractor”).
WHEREAS, the City and Contractor are parties to a written Agreement dated October 6, 2020, under which Contractor is preparing an Environmental Impact Report for the Westside Specific Plan and Program; and
WHEREAS, in light of additional required work, the City and Contractor desire to amend the Agreement to increase Contractor’ s maximum compensation amount by an additional SixtyFive Thousand Eight Hundred and Thirty Dollars ($ 65,830.00). A copy of the Contractor’ s proposal for the additional scope of work is dated March 25, 2021, and attached hereto as Exhibit A-1.
NOW, THEREFORE, the parties to this Amendment No. 1 agree as follows:
1. In consideration of the additional scope of work included in Exhibit A-1, Section
5.2 of the Agreement shall be amended to increase the Contractor’ s grand total compensation to an amount not-to-exceed Six Hundred Eleven Thousand Seven Hundred Twenty Dollars 611,720.00).
2. Except as expressly modified by this Amendment No. 1, all provisions of the Agreement shall remain in full force and effect.
3. The provisions of the Agreement and this Amendment No. 1 shall constitute the entire contract of the parties with respect to the subject matter included in this Amendment No. 1 and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 1.
4. The person or persons executing this Amendment No. 1 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 1 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the date stated in the introductory clause.
SIGNATURES FOLLOW ON NEXT PAGE]
2 of 6
CITY OF VERNON a California charter city
and municipal corporation
By: _______________________________
Carlos Fandino, City Administrator
The Arroyo Group, a California corporation
By:
Name:
Title:
ATTEST:
Lisa Pope, City Clerk
By:
Name:
Title:
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman,
Interim City Attorney
3 of 6
EXHIBIT A-1
ADDITIONAL SERVICES PROPOSAL
VERNON WESTSIDE SPECIFIC PLAN FISCAL ANALYSIS PROPOSAL
The purpose of this analysis is to estimate the impacts of a catalytic project or the proposed specific plan land use plan on the fiscal condition of the City of Vernon (“ City”).
PROPOSED SCOPE OF WORK
The following details the proposed scope of work. Technical work will be conducted by HR&A, with management, guidance and quality control provided by The Arroyo Group.
Task 8.1. Fiscal Impact Analysis Model
HR&A will create a fiscal model including the following elements:
City Revenues. HR&A will include City tax revenues such as property taxes, sales and use tax, utility users tax, franchise fees, transient occupancy tax, business taxes, and certain other miscellaneous taxes. We typically do not include City fees and other charges related to planning permit processing, construction permits and mitigation fees in a net fiscal impact analysis, because these charges are supposed to be set at prices that directly offset City costs, and therefore do not represent new revenues to the City. The revenue items in the fiscal analysis will be projected using special models and a series of demand drivers” and pro-rata shares, based on population, dwelling units, and employment though the use of “equivalent” dwelling units or other planning factors.
City Service Costs. HR&A will then estimate the average annual costs for the City to provide public services to the subject site or each component of the specific plan using a form of per-capita costing – i.e., expressing relevant categories of City service costs on a per-person basis, and then multiplying the resulting cost factors by the number of all employees, expressed as “ resident equivalents,” based on the average time they are present in the City, plus new residents, if applicable. Netting out the costs of City services delivered to the Vernon Westside Specific Plan area at build out from the tax revenues associated with revenues yields the true “bottom line” for the City’s treasury.
Task 8.2. Comparative Catalytic Site Analysis
HR&A will utilize the fiscal impact model created in Task 1 to estimate the net fiscal impact revenues minus City service costs) for one catalytic project prototype, which will be developed by the project team. The net fiscal impact analysis of the catalytic site will then be compared to either the existing use on the selected opportunity site, or if the existing use is not appropriately representative of typical uses throughout the specific plan area or City, a hypothetical existing 4 of 6
use prototype will be developed. The purpose of this analysis will be to compare the net fiscal impact of a hypothetical proposed project with the net fiscal impact of a typical existing site use.
The results of the net fiscal impact analysis and associated assumptions will be summarized in a Briefing Book. The Briefing Book will graphically present findings, conclusions and a summary of methodology, with narrative description as needed. A draft Briefing Book will be finalized after considering any comments from the City and project team. Our proposed budget includes preparation of the draft Briefing Book and one round of revisions to reflect editing or other minor changes in response to client comments.
Task 8.3. Additional Catalytic Site Analyses
HR&A can perform additional comparative catalytic site analyses for additional opportunity sites or prototypes beyond the analysis performed in Task 2. The results of these additional analyses will be summarized in the Briefing Book created in Task 2.
Task 8.4. Specific Plan Land Use Scenario Analysis
HR&A can conduct a net fiscal impact analysis of the specific plan land use scenario as developed by the project team. As with the catalytic site analysis, the net fiscal impact of the specific plan land use scenario can be compared to the existing land makeup of the specific plan area. The results of this analysis will be summarized in the Briefing Book created in Task 2.
BUDGET
We estimate that the analyses and deliverables described in Tasks 1 and 2 above will require a not-to exceed budget of $26,000, detailed by task below. The budget to complete the optional tasks is also detailed below but may be refined based on discussion with the Project Team.
Task 8.1. Fiscal Impact Analysis Model $ 14,500
Task 8.2. Comparative Catalytic Site Analysis $ 11,500
Task 8.3. Additional Catalytic Site Analyses ( per site) $ 8,000 Task 8.4. Specific Plan Land Use Scenario Analysis $ 10,000 Total Fee $ 44,000
5 of 6
Traffic Analysis Scope of Work
Task 8.5 – Origin- Destination Data
Iteris will obtain 3rd party origin- destination data, from Streetlight Data, along Santa Fe Avenue within the study area. The data will assist the project team in determining the general composition of vehicular traffic (passenger vehicles vs. heavy vehicles) and where traffic along Santa Fe Avenue originates from and is destined to (pass- through vs.
Vernon- specific traffic). The data will be provided for a time period before the Covid- 19 pandemic ( likely 2019) and will be broken down by a.m. and p.m. peak periods. The results of the origin- destination data collection will be summarized in a technical memorandum for use by the project team.
Task 8.6 – Traffic Modeling/ Volume Development
Iteris will evaluate the impact of restricting truck traffic along Santa Fe Avenue. Iteris will utilize the Southern California Association of Governments ( SCAG) travel-demand model to assess the volume of traffic shifting to adjacent routes such as Alameda Street (East and West) and Pacific Boulevard. The impact to the City of Huntington Park will also be assessed.
Task 8.7 – Traffic Impact / Alternatives Analysis
Iteris will prepare a focused traffic analysis to document the potential level of service LOS) impacts of project concepts at up to five (5) key signalized intersections in the study area in both existing and future year conditions. It is anticipated that previous/ historical traffic count data will be acquired from the City for use in the analysis. Utilizing the traffic counts, the traffic analysis will highlight the locations with the highest traffic volumes, directional patterns in the a.m. and p.m. peak hours, and any current deficiencies in traffic operations. The analysis will also consist of testing feasibility of enhanced cross sections and intersection designs developed by the project team. Iteris will coordinate with the City of Vernon and potentially the City of Los Angeles to acquire traffic signal timing data at the key intersections being evaluated.
Task 4.1 – CEQA Documentation Replaces previous scope under Task 4.1f (Traffic) Iteris will prepare a CEQA Transportation Analysis of the proposed project’ s preferred alternative, utilizing Vehicle Miles Traveled ( VMT) as the performance metric, in order to satisfy new CEQA requirements. The analysis will evaluate the potential screening of the project as well as document the project’ s VMT per service population using the latest version of the SCAG model. The analysis will address the checklist items included in Section 15064.3 of the current CEQA guidelines ( Appendix G). 6 of 6
Meetings/ Outreach
Iteris will participate in stakeholder/ public outreach meetings to describe traffic analysis and data results. This scope of work assumes participation/ presentation in up to two (2) outreach meetings.
COST
Task 8.5: Origin-Destination Data (data) $ 6,000
Task 8.5: Origin-Destination Data (labor) $ 5,530
Task 8.6: Traffic Modeling/ Volume Development $ 6,350
Task 8.7: Traffic Impact/ Alternatives Analysis $ 11,340 Task 4.1: CEQA Documentation $ 5,825
Meetings/ Outreach $ 1,720
Total $ 36,765
Less: Original Traffic Analysis Budget ($ 14,995)
Additional Traffic Analysis Budget Requested $ 21,770
Restructuring of Budget - Tasks 2, 3 & 5 $ 60
Total Additional Budget $ 21,830
0 1
2 3,24
5 6
5 78
9 1,
9 2$$
9 1 -
AGREEMENT ACCEPTING THE ASSIGNMENT OF THE NON-EXCLUSIVE
FRANCHISE AGREEMENT FOR COMMERCIAL SOLID WASTE COLLECTION OF CALMET, INC. / METROPOLITAN WASTE DISPOSAL, BETWEEN THE CITY OF VERNON, CALMET, INC./METROPOLITAN WASTE DISPOSAL, AND ARAKELIAN ENTERPRISES, INC. DBA ATHENS SERVICES
This Agreement (“ Agreement”) is made as of February 1, 2022, by and between the City of Vernon, a California charter city and municipal corporation (the “ City”), and Calmet, Inc. / Metropolitan Waste Disposal, a California corporation (CalMet) and Arakelian Enterprises, Inc. dba Athens Services, a California corporation (Athens).
WHEREAS, effective January 1, 2015, CalMet executed a Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection (Franchise Agreement); and WHEREAS, on December 9, 2021, Athens notified the City that CalMet had entered into an agreement to sell substantially all of its assets to Athens (the Transaction), and requested in writing to formally assign the Franchise Agreement to Athens in connection with the Transaction; and
WHEREAS, the City, CalMet and Athens desire to enter into an agreement accepting the assignment of the Franchise Agreement.
NOW, THEREFORE, the parties to this Agreement agree as follows:
1. This Agreement accepting the assignment of the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection to Athens is effective as of the closing of the Transaction. Athens will provide at least two business days’ prior written notice of the closing date of the Transaction.
2. Except as expressly modified by this Agreement for assignment, all provisions of the Franchise Agreement shall remain in full force and effect, and Athens agrees to be bound by all terms and conditions of the Franchise Agreement.
3. The person or persons executing this Agreement on behalf of each of the parties warrants and represents that he or she has the authority to execute this Agreement on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
SIGNATURES FOLLOW ON NEXT PAGE]
2 -
IN WITNESS WHEREOF, the parties have signed this Agreement as of the date stated in the introductory clause.
CITY OF VERNON a California charter city
and municipal corporation
By:
Carlos Fandino, City Administrator
Calmet, Inc. / Metropolitan Waste Disposal,
a California corporation
By:
Name:
Title:
ATTEST:
Lisa Pope, City Clerk
By:
Name:
Title:
APPROVED AS TO FORM:
Zaynah N. Moussa,
Interim City Attorney
Arakelian Enterprises, Inc. dba Athens
Services, a California corporation
By:
Name:
Title:
By:
Name:
Title:
0 1 1 0
1 2
3 3 0 4 1
1 3
45 1 1 0
6, 0/ 70, 45 8
45 9 1 6, 0
5 1
2 7 2
9 7
1 3 4 77,> 7?
4 0
1 1%
234
563
7 2'
8 9
0 1 8&/10
4 9
8&/1
9 22
@
2 28
A
B+A 5. A
5 8&/1
0 2B
9 11
2 C 8,,
2 5D1
1 1 -
AMENDMENT NO. 2 TO THE SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND YMCA OF METROPOLITAN LOS ANGELES FOR COMMUNITYBASED WELLNESS PROGRAMMING FOR THE CITY OF VERNON This Amendment (“ Amendment No. 2”) to that certain Services Agreement for community-based wellness programming for the City of Vernon dated February 4, 2020, (the Agreement”), is made as of , 2022, by and between the City of Vernon (“ City”), and the YMCA of Metropolitan Los Angeles (“ YMCA”).
WHEREAS, the City and YMCA are parties to the Agreement, dated February 4, 2020, under which YMCA was awarded a services agreement by the City for community- based wellness programming; and
WHEREAS, the City and YMCA, through Amendment No. 1, extended the Agreement term for an additional one- year period, amending the term expiration from February 3, 2021 to February 3, 2022; and
WHEREAS, the City and YMCA again desire to amend the Agreement to extend the expiration date of the term for a one-year period.
NOW, THEREFORE, the parties to this Amendment No. 2 agree as follows:
1. The termination date shall be extended by one additional year, with the date amended from February 3, 2022 to February 3, 2023.
2. Except as expressly modified by this Amendment No. 2, all provisions of the Agreement shall remain in full force and effect.
4. The provisions of this Amendment No. 2 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 2 and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 2.
5. The person or persons executing this Amendment No. 2 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 2 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties have signed this Amendment No. 2 as of the date stated in the introductory clause.
SIGNATURES FOLLOW ON NEXT PAGE]
2 -
CITY OF VERNON a California charter city
and municipal corporation
By: _______________________________
Carlos Fandino, City Administrator
YMCA of Metropolitan Los Angeles, a non-profit
organization
By:
Name:
Title:
ATTEST:
Lisa Pope, City Clerk
By:
Name:
Title:
APPROVED AS TO FORM:
Zaynah N. Moussa,
Interim City Attorney
0 1 2 034* 4
5 6 5( 7
4 8 4
3 9 5 0: 0
9 4 5
5 4
0 4
4 9 7 0
34 6
6 6
4 9 6 5 6
8 4
7 6 4
0 @ 4
4 4 A4
7 4 8
4 8 4 A4
1 4
8 1A2 AA 43 4
8 130 34 4
1 2 034* 4
4 8 6
6 6 4
B
4 4: 40 4 4: 40 4
4 4 03A
4 0* 0
0 1 2%34 5
4 16%3
5 7 8. 9
5 62 44
999
8 8-
8 8
7$$
7 3 1
3%6
8 8! 4 0
0% 3%
8 7 8. 9
8!
7$$ 8! 7
8! 7
8!
7 3%
62 44
8 @ 8
8 A
8 7$$
8!
B
8!
8!
C
8!
D
8! 8
7$$
8! B
8! 0 1 2%34
4 16%3
62 44 8!
32 40%9
9 9%49 B D 4
6%
7 0%
4%
2%@
3%8
Subscription Service License & Use Agreement Page 1 of 19 CentralSquare Technologies, LLC
1000 Business Center Drive
Lake Mary, Florida 32746
www.centralSquare. com
Subscription Service License & Use Agreement
I. Subscription Service License and Use Agreement.
This Subscription Service License & Use Agreement ( the “ Agreement”) is made by and between, TriTech Software Systems, a CentralSquare Technologies, LLC company hereinafter referred to as “CentralSquare”) and Vernon Police Department, CA (“Client”) as of the date this Agreement is executed by an authorized representative of both CentralSquare and the Client. CentralSquare and Client may also be referred to herein individually as “Party”, or collectively as the “Parties”.
II. Services; Software.
A. Under the terms of this Agreement, CentralSquare will be responsible for providingthe following services (“Services”):
i) Hosting CentralSquare’ s software (“ Software”) for its online programs and corresponding module(s) as indicated on the quote or Sales Order attached heretoas Addendum 2;
ii) Providing the Client with technical support for the Software as set forth in Schedule A (“Technical Support”), database hosting and other related services as further defined in the Addendum 2;
iii) Providing the Client with remote access to search Client’s data and, ifpurchased, report on Client’s data through the Software and the applicable database( s) for Authorized Users (as defined in Section III (B) hereof) for 24 hours per day, 7 days per week, except as otherwise provided in Schedule A hereto with respect to scheduled maintenance; and further provided, that CentralSquare shall not be responsible for connectivity issues due to an event of Force Majeure, as defined in paragraph Bbelow; iv) Providing the Client with certain user manuals and/or on-line Softwareeducation or other information on the CentralSquare website to assist Client with its use of the Software (“ Documentation”);
v) Enabling Client to update the applicable databases and obtain the agreedupon data processing output;
vi) Providing any other Software related services stated in Addendum 2 (together, the “Subscription Services”). Schedule A and any Documentation may be updated by CentralSquare from time to time in its sole discretion upon written notice to Client; vii) Providing the Client with initial training as stated in Addendum 2; and viii) Populating the Software and the associated database( s) with Client Information as defined in Section VII (B) hereof) and otherwise assist Client with the setup of the Software (together, the “Implementation Services”).
ix) If applicable, CentralSquare and Client shall mutually agree in writing on a schedule for transfer of data from Client’s existing system to the applicable Subscription application.
2 of 19
Subscription Service License & Use Agreement
B. Force Majeure. CentralSquare shall not be responsible for delays in performance, including connectivity issues, due to disruption of internet services, war, acts of terrorism, strike, fire, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, unavailability of facilities, equipment or software from suppliers, the actions or omissions of Client or its officers, directors, employees, agents, contractors or elected officials and/or other similar occurrences beyond CentralSquare’ s reasonable control.
C. This Agreement allows Client to use the Software located on CentralSquare’ s servers, to which Client will be granted limited remote access. Client shall not receive a physical copy of the Software in any form but will have the ability to use the Software on CentralSquare’ s servers, and to access the Software remotely as directed by CentralSquare.
III. License; Access.
A. Provided that Client has paid the applicable Fees (as defined in Section IV (A) hereof), CentralSquare grants to Client a limited non-exclusive, non-transferable license to use the Subscription Services, including the Software located on CentralSquare’ s servers, through Client’s computer( s) for Client’s internal operational use only for the Term set forth in Section V unless otherwise agreed to by CentralSquare in writing, and CentralSquare shall perform the applicable Implementation Services for the Client. The Subscription Services may only be accessed by an Authorized User. Client is expressly prohibited from sublicensing, selling, renting, leasing, providing service bureau or timeshare services, distributing or otherwise making the Subscription Services or the Software available to third parties other than any third-party Authorized Users.
B. For purposes of this Agreement, an “Authorized User” is an individual (i) who is an employee of Client, a contractor or other representative of Client and (ii) who hasbeen properly issued a valid password that subsequently has not been deactivated.
C. Access to the Subscription Services by Authorized Users is enabled only bypasswords to Authorized Users. Client is solely responsible for the management and control of those passwords and Authorized Users shall not be permitted to disclose or transfer a password to any third party. Client shall assign a “Client Administrator” to provide such password management and control. Upon request by Client, additional Authorized Users’ passwords shall be activated by CentralSquare.
D. Client acknowledges ( i) that the protection of passwords issued to Authorized Usersis an integral part of CentralSquare’ s security and data protection process and procedures and, (ii) that CentralSquare will rely on Client utilizing and maintaining proper password control obligations and procedures. In the event that Client has reasonable cause to believe that a password is being improperly used by an Authorized User or used by an unauthorized person, Client shall promptly notify CentralSquare. CentralSquare reserves the right to deactivate a compromised password immediately upon notice from Client without further notice to Client or the affected Authorized User. CentralSquare shall have the right, at its sole cost and expense, to utilize an independent certified accounting firm, to verify the number of passwords that have been issued for use by Authorized Users of the Client and use of these passwords within Client’s organization in compliance with the terms of this Agreement.
E. The number of Authorized Users having the ability to access the SubscriptionServices at any single moment in time shall be specified In Addendum 2.
Subscription Service License & Use Agreement Page 3 of 21 IV. Fees; Payment; Taxes.
A. As consideration for use of the Subscription Services and the Implementation Services during the initial contract term, Client shall pay those fees and charges set forth in Addendum 2 (together, “ Fees”). Subscription fees are due on an annual basis. Failure to pay may result in suspension or termination of your account until payment is made.
Thereafter, fees are subject to change upon each successive renewal which shall be mutually agreed and set forth in the Renewal Notice.
B. As consideration for use of the Subscription Services during renewal contract terms, Client shall pay those fees and charges set forth in the Renewal Notice ( together, Fees”).
C. CentralSquare shall notify Client prior to the end of the initial subscription term of the subscription fees for the first renewal term. Unless otherwise agreed in writing, subscription fees shall be due on or before the commencement of each annual subscription term. Subscription fee for the first renewal term and all renewalsthereafter shall be subject to increase on an annual basis at a rate of 5%.
D. All amounts due and payable to CentralSquare hereunder shall, if not paid when due, bear a late charge equal to one and one-half percent (1-1/2 %) per month, or the highest rate permitted by law, whichever is less, from fifteen (15) days after their due date until paid.
Remittance Address for Payments Only:
CentralSquare Technologies, LLC
12709 Collection Center Drive,
Chicago, IL 60693
E. Payments may be made by check, wire transfer, or Automated Clearing House (“ACH”).
CentralSquare will provide banking information if Client requests to pay bywire transfer or ACH.
F. Any amounts payable pursuant to this Agreement are to be net to CentralSquare and shallnot include taxes or other governmental charges or surcharges, if any. In addition to the fees and charges due CentralSquare under this Agreement, Client shall remain liable for and shall pay all local, state, and federal sales, use, excise, personal property, or other similar taxes or duties, and all other taxes, which may now or hereafter be imposed upon this Agreement or possession or use of the Software, excluding taxes based on CentralSquare’s income.
V. Term and Termination; Suspension of Services.
A. This Agreement shall commence upon execution hereof and shall continue in full force and effect for a period of one (1) year (“Initial Term”) from the date of contract execution unless the Agreement is otherwise terminated as set forth herein. The “ date of activation” will be defined as the date of the completion of Admin Training, at which time the Clientwill be able to access the system and authorize users. If Client terminates this Agreement at any time from contract execution through the Initial Term, Client shall pay the prorated portion of fees owed for the Initial Term through the termination date.
If Client terminates this Agreement for convenience during any Renewal Term, Client shall pay the prorated portion of fees owed for the Renewal Term.
Subscription Service License & Use Agreement Page 4 of 21 B. At the conclusion of the Initial Term, this Agreement may be renewed for successive one 1) year terms (each a “Renewal Term”), by Client providing renewal notice at least thirty 30) days prior to theend of the Initial Term or any Renewal Term. (The Initial Term and any Renewal Term collectively are referred to herein as the “Term”).
C. Either Party may terminate this Agreement ( i) immediately if the other party becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relatingto insolvency, receivership, liquidation or composition for the benefit of creditors, or (ii) immediately if the other party becomes the subject of an involuntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, and such petition or proceeding is not dismissed within sixty (60) days of filing.
D. Client may terminate this Agreement if CentralSquare breaches any term or condition ofthis Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same.
E. In addition to the circumstances as described in Subsection V(F) below, CentralSquare may terminate the Agreement at any time upon thirty (30) days prior written notice to the Client. In the event of termination by CentralSquare pursuant to this Subsection V(E), Client shall be entitled to a refund of a prorated portion of the annual subscription fees already paid for the then-current Term.
F. If Client’s scheduled Subscription Services payment or any other amount due and owing by Client to CentralSquare is delinquent, CentralSquare may, in its sole discretion, immediately terminate or suspend all or any portion of the Services forty-five 45) days after the date payment is due.
G Upon the effective date of expiration or termination of this Agreement: (i) CentralSquare will immediately cease providing Client with any Services it is providing and any other applicable component of the Services; (ii) all issued passwords shall be deactivated; and (iii) Client shall immediately pay in full to CentralSquare any and all monies that are owed by the Client to CentralSquare under this Agreement for the Services furnished up to the effective date of the Agreement’ s termination or expiration.
H. Upon CentralSquare’ s reasonable belief that tortious or criminal or otherwise improper activity may be associated with Client’s utilization of the Services, CentralSquare may, without incurring any liability, temporarily suspend or discontinue the Services pending investigation and resolution of the issue or issues involved.
I. If all or any components of the Services have been terminated as a result of a breach by Client, or suspended as provided herein, and Client requests that all or any component of the Services be restored, CentralSquare has the sole and absolute discretion whether or not to restore such Services; and further, any such restoration shall be conditioned upon CentralSquare’ s receipt of all Fees due and owing hereunder.
J. In the event of expiration or termination of this Agreement for any reason, each Party shall promptly return to the other Party or destroy all copies of the other Party’s Confidential Information ( including notes and other derivative material) that it has received pursuant to Section VII hereof. Within thirty ( 30) days of termination or expiration of the Agreement, CentralSquare shall remove and destroy Client’s data.
CentralSquare will not return the data to the Client as the Client still retains the source data.
Subscription Service License & Use Agreement Page 5 of 21 K. Sections IV, V, VII, VIII, IX, X, XI, XII, XIII and XIV shall survive any termination ofthis Agreement, as well as any other obligations of the Parties that contemplate performance by a Party following the termination of this Agreement.
VI. Client Responsibilities.
A. In conjunction with its obligation to participate in the Implementation Services, Client will assign personnel with the required skills and authority to perform the applicable tasks effectively and, further, will make best efforts to meet its obligation to supply information and otherwise assist as necessary to effect the commencement of the Subscription Services via the Implementation Services. Management of Client’s responsibilities in conjunction with the Subscription Services after implementation shall be assigned to a Client Administrator who has attended training offered by CentralSquare to Client. The Client Administrator that the Client appoints may be replaced at any time at the sole discretion of the Client upon Client’s written notice to CentralSquare so long as the newly appointed Client Administrator has attended CentralSquare’s training. Client will be charged additional fees for any such training for Client’s employees beyond the initial training for the Software that is a part of the Implementation Services.
B. Client is responsible for providing hardware, operating system and browsersoftware that meets CentralSquare’ s technical specifications, as well as providing and maintaining a fast, stable, high speed connection and remote connectivity.
C. Client is solely responsible for the integrity of all data and information that is providedto CentralSquare under this Agreement ( i.e., the Client Information), including completeness, accuracy, validity, authorization for use and integrity over time, regardless of form and format, and whether or not such data is used in conjunction with the Subscription Services. Further, it is solely Client’s responsibility to assure that the initial and one- time importing of the Client Information into Client’s database by CentralSquare has been properly performed, acknowledging that thereafter the completion of the initial setup of all Code Files not already populated by CentralSquare and the input and modification of Client’s database shall be performed solely by Client.
The Client Information that is to be included in Client’s database shall be provided by Client in a digital form that complies with the requirements of the Client Information format as stated in CentralSquare’ s policy for inputting Client Information in any Documentation CentralSquare provides to Client. In addition, Client is solely responsible for the accuracy of any and all reports, displays and/or uses of Client Information, whether or not CentralSquare assisted Client with the development or construction of such reports and displays and other uses of the Client Information.
D. Client shall not attempt to decode, disassemble, copy, transmit, transfer or otherwise reverse engineer the Services, including, without limitation, the Software.
E. Client is responsible for maintaining an active e-mail account for correspondence with CentralSquare.
F. Client is responsible for maintaining the required certifications for access to Client’s state CJIS systems( s), NCIC and/or other local state, federal and/or applicable systems.
G. Client is responsible for proper firewall maintenance allowing for data to move from their on-premise data contributing system to the applicable CentralSquare Subscription application.
Subscription Service License & Use Agreement Page 6 of 21 VII. Confidentiality, Privacy and Business Associate Provisions.
A. In association with the execution of this Agreement and CentralSquare’ s participation in the use and support of the Software, Client has obtained, will have access to, or will obtain confidential information regarding intellectual property of CentralSquare, the Software and its contents, sales and marketing plans and other similar information hereinafter referred to as " Confidential Information"). Client acknowledges that the Software itself represents and embodies certain trade secrets and confidential information of CentralSquare. Unless required by applicable law or court order, Client hereby agrees that, for itself and its shareholders, officers, directors, employees, and agents, Client shall not disclose any of CentralSquare’ s trade secrets or confidential information without CentralSquare’ s prior written consent for any such disclosure.
B. In association with the execution of this Agreement and the participation of CentralSquare in the support of the Software, CentralSquare has obtained or will obtain confidential information of Client regarding the business of Client, Client Information for its utilization in connection with providing the Services to Client, the records of patients served by Client, accounts payable and accounts receivable of Client, trade secrets, customer lists, and other similar information. CentralSquare shall not disclose any of Client’s confidential information without Client’s prior written consent for any such disclosure. “ Client Information” means confidential information about Client’s business or its customers that (i) Client and/or its customers deliver to CentralSquare for use in its implementation of the Services, which Client subsequently updates and otherwise modifies, and (ii) CentralSquare hosts on services for access by and transmission to the Authorized Users via the Internet. CentralSquare shall not use any Client Information except as expressly set forth in this Agreement.
C. In addition to CentralSquare’ s obligations regarding nondisclosure of Client Information set forth above, in the event that CentralSquare is a “Business Associate,” and Client is a “Covered Entity” pursuant to 45 C.F.R. § 160.103, CentralSquare shall perform its obligations under this Agreement with respect to Protected Health Information (“ PHI”) as provided in Addendum 1 attached to this Agreement.
D. Notwithstanding any provisions of this Agreement to the contrary, Client mayterminate this Agreement if Client determines that CentralSquare has violated a material term of this Agreement with respect to its functions as a Business Associate in accordance with Addendum 1.
E. Confidential Information other than PHI as defined in Addendum 1, shall not include any information that is (i) already known to the receiving Party at the time of the disclosure; ii) publicly known at the time of the disclosure or becomes publicly known through no wrongful act or failure of the receiving Party; ( iii) subsequently disclosed to receiving Party on a non-confidential basis by a third party not having a confidential relationship with the other Party hereto that rightfully acquired such information; (iv) communicated to a third party by receiving Party with the express written consent ofthe other Party hereto; or (v) legally compelled to be disclosed pursuant to a subpoena, summons, order or other judicial or governmental process, provided the receiving Party provides prompt notice of any such subpoena, order, etc. to the other Party so that such Party will have the opportunity to obtain a protective order.
F. Each Party agrees to restrict access to the Confidential Information of the other Party to those employees or agents who require access in order to perform the Subscription Services, Implementation Services or Additional Services, acknowledging that certain Confidential Information of each Party may be disclosed to Authorized Users as a necessary function of the Subscription Services; and, except as otherwise provided, neither Party shall make Confidential Information available to any other person or entity without the prior written consent of the other Party.
Subscription Service License & Use Agreement Page 7 of 21 H. Notwithstanding the foregoing, Client understands and agrees that CentralSquare may transfer Confidential Information of Client to a third party hosting entity for thepurposes of providing the communications infrastructure, hosting services and/or related support and other operations necessary to deliver all or certain portions of the Services; provided that CentralSquare, in turn, binds such third party to confidentiality and non- disclosure terms that are at least as protective of CentralSquare’ s and Client’s interests as the terms stated herein. Client acknowledges that CentralSquare shall have no responsibility or liability for unauthorized access to or dissemination of Client Information by Authorized Users or other third parties, whether as a result of breach of data security, misappropriation or misuse of passwords or any other cause.
VIII. Ownership.
A. CentralSquare owns all rights and title in and to the Services, including, without limitation, the Software, and any Developments, as that term is defined below. Further, Client agrees that the Subscription Services’ screens and any output of the Services, excepting the Client Information, are the property of CentralSquare and subject to United States and other patent, copyright, trademark, trade secret and other applicable laws and treaties and Client agrees that it shall not remove, alter or obstruct any ownership or use legends that CentralSquare places on any such screens or output of the Services.
Nothing contained in this Agreement shall be construed as granting Client any rights in or to the Subscription Services (including, without limitation, the Software and output of the Subscription Services), the deliverables from the Implementation or Additional Services or related Confidential Information, other than the right to use the Services and any applicable Confidential Information of CentralSquare during the Term, in accordance with this Agreement.
Client agrees that CentralSquare has and retains all rights to use any data and information relating to the Software and Services that it receives from Client including, without limitation, any information that constitutes, or results in, an improvement or other modification to the Software or the Services, but excluding the Client Information and PHI, or CJIS data.
As between the parties, CentralSquare agrees that all Client Information provided to CentralSquare under this Agreement for CentralSquare’ s use in connection with the Subscription Services is the property of Client; provided, however, CentralSquare shall have the right to retain Client Information in accordance with its obligations under the terms of this Agreement in the event that the return or the destruction of any Client Information is infeasible.
The term “ Developments” shall mean all programs, upgrades, updates or other enhancements or modifications to the Software, if any, and all Documentation or other materials developed and/or delivered by CentralSquare in the course of providing technical support or otherwise, under this Agreement.
B. Client will not have the ability to copy the Client Information entered onto theSoftware.
Rather, CentralSquare shall retain the physical copy of the Software, title, right and interest in and to the Software, including upgrades, updates, and/or other enhancements or modifications to the Software in any medium, including but not limited to all copyrights, patents, trade secrets, trademarks, and other proprietary rights.
Subscription Service License & Use Agreement Page 8 of 21 IX. Disclaimer; Limitation of Liability.
A. THE SERVICES, SOFTWARE AND ANY DOCUMENTATION ARE MADEAVAILABLE FOR CLIENT'S USE “AS IS” AND EXCEPT AS OTHERWISE SPECIFICALLY STATED
HEREIN, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSOR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
B. CENTRALSQUARE DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR-FREE. CLIENT AGREES TO INDEMNIFY
CENTRALSQUARE AGAINST ANY SUCH LIABILITY TO CLIENT, REGARDING THE CLIENT’S USE OF THE SERVICES, THE SOFTWARE AND ANY DOCUMENTATION OR OTHERWISE. IN NO EVENT SHALL CENTRALSQUARE BE LIABLE TO CLIENT
OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, OR OTHERWISE FOR
INCIDENTAL, SPECIAL, INDIRECT, GENERAL, OR CONSEQUENTIAL DAMAGE OR
LOSS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS
PROFITS, INCOME, LOSS OR USE OF DATA, WHICH MAY ARISE IN CONNECTION
WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES,
SOFTWARE AND ANY DOCUMENTATION EVEN IF CENTRALSQUARE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS CLAUSE SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.
C. CENTRALSQUARE DISCLAIMS ALL LIABILITY FOR THE ACCURACY AND/OR
COMPLETENESS OF DATA, INCLUDING BUT NOT LIMITED TO DATA SUPPLIED
WITH THE SOFTWARE OR AS ADDED OR MODIFIED BY CLIENT OR ANY THIRD PARTY, OR DATA AS PROCESSED ON CLIENT'S OR CENTRALSQUARE’ S COMPUTER NETWORK. CLIENT BEARS THE ENTIRE RESPONSIBILITY FOR ITS
COMPUTER NETWORK, INCLUDING CLIENT'S USE OF THE SOFTWARE, THE
PERFORMANCE OF THE SERVICES AND THE SOFTWARE AND THE BEHAVIOR OF THE DATA ON EITHER CLIENT'S OR CENTRALSQUARE’ S COMPUTER NETWORK.
D. CENTRALSQUARE REPRESENTS AND WARRANTS TO CLIENT THAT, TO CENTRALSQUARE’ S CURRENT AND ACTUAL KNOWLEDGE, THE SOFTWARE,
WHEN USED IN ACCORDANCE WITH THIS AGREEMENT, DOES NOT VIOLATE ANY EXISTING U.S. COPYRIGHTS, PATENTS, TRADEMARKS, OR OTHER
INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY AS OF THE DATE OF THIS AGREEMENT. CENTRALSQUARE SHALL INDEMNIFY AND
HOLD CLIENT HARMLESS FROM AND AGAINST ANY AND ALL ACTIONS,
SUITS, PROCEEDINGS, CLAIMS, DEMANDS, LOSSES, LIABILITIES,
COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES,
INCURRED BY CLIENT ARISING OUT OF ANY BREACH OF THIS
WARRANTY ON THE PART OF CENTRALSQUARE.
E. IN NO EVENT SHALL CENTRALSQUARE’ S TOTAL CUMULATIVE LIABILITY
HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, WHETHER ARISING
UNDER CONTRACT, TORT ( INCLUDING NEGLIGENCE), STRICT LIABILITY,
BREACH OF WARRANTY OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY CLIENT AS FEES FOR THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE OCCURRENCE OF THE EVENT THAT GAVE RISE TO SUCH CLAIM; OR, IN
THE CASE OF BODILY INJURY OR PROPERTY DAMAGE, FOR WHICH DEFENSE AND INDEMNITY COVERAGE IS PROVIDED BY CENTRALSQUARE’ S INSURANCE CARRIER( S), THE COVERAGE LIMITS OF SUCH INSURANCE.
Subscription Service License & Use Agreement Page 9 of 21 X. Indemnification.
Client shall indemnify and hold harmless CentralSquare from, against, and in respect of the full amount of any and all liabilities, damages, and claims including without limitation, attorneys' fees, arising from, in connection with, or incident to the Client’s use or misuse of the Software, except as may otherwise be agreed to in writing by the parties, and except as to any negligence, misconduct, or material breach of this Agreement by CentralSquare.
XI. Assignment.
Client shall not transfer or assign any of its rights or obligations under this Agreement to any other person or entity without the express written permission of CentralSquare, which permission shall not be unreasonably withheld. Any assignment without such express written permission of CentralSquare shall result in the automatic termination of this Agreement.
XII. Written Notices.
Written notices required or permitted to be given under this Agreement shall be made to the parties at the following addresses and shall be presumed to have been received by the other party (i) (three) 3 days after mailing by the party when notices are sent by First Class Mail, postage prepaid; ( ii) upon transmission ( if sent via facsimile with a confirmed transmission report); or (iii) upon receipt (if sent by hand delivery or courier service).
A. Written Notices to Client:
Written notices to Client may be provided at the address listed for Client on the signature page of this Agreement.
B. Written Notices to CentralSquare:
CentralSquare Technologies, LLC
1000 Business Center Drive
Lake Mary, Florida 32746
Attention: Contracts
XIII. Governing Law.
Except to the extent that this Agreement is governed by the laws of the United States, this Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of California, without regard to its conflict of law provisions.
XIV. Integration.
This Agreement contains the entire understanding between the parties and supersede any proposal or prior agreement regarding the subject matter herein.
This Agreement is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent of any third party.
If any term, clause, sentence, paragraph, article, subsection, section, provision, condition or covenant of this Agreement is held to be invalid or unenforceable, for any reason, it shall not affect, impair, invalidate or nullify the remainder of this Agreement, but the effectthereof shall be confined to the term, clause, sentence, paragraph, article, subsection, section, provision, condition or covenant of this Agreement so adjudged to be invalid or unenforceable.
Subscription Service License & Use Agreement Page 10 of 21 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above.
City of Vernon, CA TriTech Software Systems
Accepted By (Signature) Accepted By (Signature)
Printed Name Printed Name
Title Title
Date Date
Subscription Service License & Use Agreement Page 11 of 21 Schedule A
SOFTWARE TECHNICAL SUPPORT
This Software Technical Support document describes the terms and conditions relating to technical support that CentralSquare will provide to Client during the Term of the Agreement.
1. Product Updates and Releases
1.1. Updates. From time to time CentralSquare may develop permanent fixes or solutions to known problems or bugs in the Software and incorporate them in a formal “Update” to the Software. If Client is receiving technical support from CentralSquare on the general release date for an Update, CentralSquare will provide the Client with the Update and related Documentation.
1.2. Releases. Client shall promptly agree to install and/or use any Release provided by CentralSquare to avoid or mitigate a performance problem or infringement claim. All modifications, revisions and updates to the Software shall be furnished by means of new Releases of the Software and shall be accompanied by updates to the Documentation whenever CentralSquare determines, in its sole discretion, that such updates are necessary.
2. Telephone Support & Support Portal
2.1. Hours. CentralSquare shall provide to Client, Monday through Friday, 6:30 A.M. to 5:30 P.M. (Eastern Time) toll-free phone number ( 800-987-0911), excluding holidays. CentralSquare shall provide to Client, during the Support Hours, commercially reasonable efforts in solving errors reported by the Client as well as making available an online support portal. Client shall provide to CentralSquare reasonably detailed documentation and explanation, together with underlying data, to substantiate errors and to assist CentralSquare in its efforts to diagnose, reproduce and correct the error. This support shall be provided by CentralSquare at Client location( s) if and when CentralSquare and Client agree that on-site services are necessary to diagnose or resolve the problem.
If a reported error did not, in fact, exist or was not attributable to a defect in the Software or an act or omission of CentralSquare, then Client shall pay for CentralSquare's investigation and related services at CentralSquare’s standard professional services rates. Client must provide CentralSquare with such facilities, equipment and support as are reasonably necessary for CentralSquare to perform its obligations under this Amendment, including remote access to the Specified Configuration.
2.2. Urgent and Critical Priority Telephone Assistance after Normal Customer Service Hours. After Normal CentralSquare Customer Service Hours, emergency support for Subscription applications will be answered by our emergency paging service via toll-free phone number (800-987-0911). When connected to the service, the Client shall provide his or her name, organization name, call-back number where the Customer Service Representative may reach the calling party, and a brief description of the problem (including, if applicable, the information that causes the issue to be a Critical Priority Problem).
3. Website Support
Online support is available 24 hours per day, offering Client the ability to resolve its own problems with access to CentralSquare’ s most current information. Client will need to enter its designated username and password to gain access to the technical support areas on CentralSquare’ s website. CentralSquare’ s technical support areas allow Client to: (i) search an up-to-date knowledge base of technical support information, technical tips, and featured functions; and (ii) access answers to frequently asked questions ( FAQ).
4. Exclusions from Technical Support Services
CentralSquare shall have no support obligations with respect to any third-party hardware or software product Nonqualified Product”). If Client requests support services for a problem that CentralSquare reasonably believes was caused or exacerbated by a Nonqualified Product, CentralSquare shall provide notice thereof to Subscription Service License & Use Agreement Page 12 of 21 Client along with a quoted price for the support services; Client must approve the incurrence of such charges in writing prior to CentralSquare rendering the services. Client shall be solely responsible for the compatibility and functioning of Nonqualified Products with the Software.
5. Client Responsibilities
In connection with CentralSquare’ s provision of technical support as described herein, Client acknowledges that Client has the responsibility to do each of the following:
1) Provide hardware, operating system and browser software that meets technical specifications, as well as a fast, stable, high speed connection and remoteconnectivity. 2) Maintain the designated computer system and associated peripheral equipment in good working order in accordance with the manufacturers’ specifications, andensure thatany problems reported to CentralSquare are not due to hardware malfunction;
3) Maintain the designated computer system at the latest code revision level reasonably deemed necessary by CentralSquare for proper operation of the Software;
4) Supply CentralSquare with access to and use of all information and facilities reasonably determined tobe necessary by CentralSquare to render the technical support described herein; 5) Perform any test or procedures reasonably recommended by CentralSquare for the purpose ofidentifying and/or resolving any problems;
6) At all times follow routine operator procedures as specified in the Documentation or any policies of CentralSquare posted on the CentralSquare website following notice from CentralSquare to Client; 7) Client shall remain solely responsible at alltimes for the safeguarding of Client’s proprietary, confidential, and classified information; and
8) Ensure that the designated computer system is isolated from any process links or anything else that could cause harm before requesting or receiving remotesupport assistance.
6. Security:
1) CentralSquare maintains a Security program for security managing access to Client data – particularly HIPAA and CJIS information. This includes 1) a Pre-employment background check, 2) security training required by Federal CJIS regulations, and 3) criminal background checks/fingerprints required by Federal or State regulations. CentralSquare will work with the Client to provide required documentation ( such as the CJIS Security Addendum Certification form and VPN documents). 2) If required by the Client, CentralSquare will provide paper fingerprint cards for such Security Approved personnel with the fingerprinting performed in the state of the CentralSquare staff’s job assignment. If the Client requires fingerprints submitted in a form other than paper prints ( such as Live Scan) or that such fingerprints be performed at the Client’s site, the Client will reimburse CentralSquare for the cost of CentralSquare Security ApprovedPersonnel traveling to the Client’s site or for a vendor (such as Live Scan) to travel to the applicable CentralSquare Offices. This provision will apply during the duration of this Agreement.
7. System Maintenance.
Software maintenance and upgrades. CentralSquare will provide all hosted systems and network maintenance as deemed appropriate and necessary by CentralSquare. Maintenance and upgrades will be scheduled in advance with Subscription Service License & Use Agreement Page 13 of 21 the Client’s primary contact if they fall outside of the designated hours set aside for this function of Sundays from 12:00AM to 12:00 PM. The upgrades are installed at mutually agreed times. Typical Records Enterprise downtime is 4-8 hours depending on data size and start/end version changes. Web patches can take 20-30 minutes to install.
CentralSquare recommends reserving a weekly or monthly maintenance window between 0000-0500 (i.e. Midnight to 5:00AM) for patching and other maintenance activity. CentralSquare may only take a small portion of this time, but this is reserved for the full amount of time in the event the entire window of time is needed.
7.1. Hardware maintenance and upgrades. Hardware maintenance and upgrades will be performed outside of the Client’s standard business hours of operation and the Client will be notified prior to the upgrade.
Emergency maintenance. Emergency situations will be handled on a case-by-case basis in such a manner as to cause the least possible disruption to overall system operations and availability without negatively affecting system stability and integrity. CentralSquare will attempt to notify the Client promptly, however if no contact can be made, CentralSquare management may deem it necessary to move forward with the emergency maintenance.
8. Priorities and Support Response Matrix: The following priority matrix relates to software errors covered by this Agreement. Causes secondary to non-covered causes - such as hardware, network, and third-party products - are not included in this priority matrix and are outside the scope of this Technical Support Schedule A. CentralSquare will make commercially reasonable efforts to respond to Software incidents for live remote based production systems using the following guidelines:
This matrix defines the support issues, response times and resolutions for the Client’s Subscription applications.
Priority Priority Definition Response Times
Priority 1 –
Critical
Priority
Search. 24X7 Support for live
operations on the production system.
This is defined as the following:
x The applicable server is
down, and all workstations
will not launch or function;
the Client is experiencing
complete interruption of
ability to do perform
queries.
x The applicable system is
inoperable due to data loss
or corruption caused by
CentralSquare Software
This means that one or more
CentralSquare server components
are down or inaccessible, disabling
all usability of Client’s workstations
These Software Errors are defined in
Special Note # 1, below.
Normal Customer Service Hours: Telephone calls
to 800.987.0911 will be answered immediately
and managed by the first available
representative but not longer than 5 minutes.
After Normal Customer Service Hours: Thirty
30) minute callback after client telephone
contact to 800.987.0911.
Priority 1 issues must be called in via
800.987.0911 to receive this level of response.
There are no Priority 1 issues for:
CrimeView Dashboard
FireView Dashboard
CrimeMapping.com
NEARme
Field Ops
Subscription Service License & Use Agreement Page 14 of 21 Priority 2 –
Urgent
Priority
Normal Customer Service Hours
Support: A serious software error
with no workaround and not meeting
the criteria of a Critical Priority, but
which severely impacts the ability of
Users from performing a common
function. Such errors will be
consistent and reproducible.
Generally, this means that a
significant number of the system
workstations are negatively impacted
by this error ( e.g. does not apply to a
minimal set of workstations). These
Software Errors are defined in Special
Note # 2, below.
Normal Customer Service Hours: Telephone calls
to 800.987.0911 will be answered and managed
by the first available representative but not
longer than 5 minutes.
Priority 2 issues for Search, CrimeView
Dashboard, FireView Dashboard,
CrimeMapping.com, and NEARme are not
managed after Normal Customer Service Hours.
Customer Service Number 800.228.1059 for:
CrimeView Dashboard
FireView Dashboard
CrimeMapping.com
NEARme
Field Ops
Priority 3 –
NonCritical
Normal Customer Service Hours
Support: A Software Error related
to a user function which does not
negatively impact the User from the
use of the system. This includes
system administrator functions or
restriction of User workflow but does
not significantly impact their job
function.
Normal Customer Service Hours: Telephone calls
to 800.987.0911 will be answered and managed
by the first available representative.
Priority 3 issues for Search, CrimeView
Dashboard, FireView Dashboard,
CrimeMapping. com, and NEARme are not
managed after Normal Customer Service Hours.
Customer Service Number 800.228.1059 for:
CrimeView Dashboard
FireView Dashboard CrimeMapping. com
NEARme
Field Ops
Priority 4 –
Minor
Normal Customer Service Hours
Support: Cosmetic or
Documentation errors, including
Client technical questions or
usability questions would be a part
of this level.
Normal Customer Service Hours: Telephone calls
to 800.987.0911 will be answered and managed
by the first available representative.
Priority 4 issues for Search, CrimeView
Dashboard, FireView Dashboard,
CrimeMapping.com, and NEARme are not
managed after Normal Customer Service Hours.
Customer Service Number 800.228.1059 for:
CrimeView Dashboard
FireView Dashboard CrimeMapping.com
NEARme
Field Ops
9. Exceptions. CentralSquare shall not be responsible for failure to carry out its service and maintenance obligations under this Amendment if the failure is caused by adverse impact due to:
9.1. defectiveness of the Client’s environment, Client’s systems, or due to Client corrupt, incomplete, or inaccurate data reported to the Software, or documented Defect.
9.2. denial of reasonable access to Client’s system or premises preventing CentralSquare from addressing the issue.
9.3. material changes made to the usage of the Software by Client where CentralSquare has not agreed to such changes in advance and in writing or the modification or alteration, in any way, by Client or its subcontractors, of communications links necessary to the proper performance of the Software.
Subscription Service License & Use Agreement Page 15 of 21
9.4. a force majeure event, or the negligence, intentional acts, or omissions of Client or its agents.
10. Incident Resolution. Actual response times and resolutions may vary due to issue complexity and priority. For critical impact level and above, CentralSquare provides a continuous resolution effort until the issue is resolved.
CentralSquare will make commercially reasonable efforts to resolve Software incidents for live remote based production systems using the following guidelines:
Priority Resolution Process Resolution
Time
Priority 1 –
Critical
CentralSquare will provide a
procedural or configuration
workaround or a code correction that
allows the Client to resume live
operations on the production
system.
CentralSquare will work continuously
including after hours) to provide the
Client with a solution that allows the
Client to resume live operations on the
production system.
CentralSquare will use commercially
reasonable efforts to resolve the issue as
soon as possible and not later than 24
hours after notification.
Priority 2 –
Urgent
CentralSquare will provide a
procedural or configuration
workaround or a code correction that
allows the Client to resume normal
operations on the production
system.
CentralSquare will work to provide the
Client with a solution that allows the
Client to resume normal operations on
the production system which may
include a fix on the system prior to the
next panned commercial release of the
applicable CentralSquare product
software.
Priority 3 –
Non - Critical
CentralSquare will provide a
procedural or configuration
workaround that allows the Client to
resolve the problem.
CentralSquare will work to provide the
Client with a resolution reasonably
appropriate to the nature of the case
which may include a workaround or
code correction in a future release of the
software. Priority 3 issues have priority
scheduling in a subsequent release.
Priority 4 – Minor If CentralSquare determines that
a reported Minor Priority error
requires a code correction, such
issues will be addressed in a
subsequent release when
applicable.
CentralSquare will work to provide the
Client with a resolution which may
include a workaround or code correction
in a future release of the software.
Priority 4 issues have no guaranteed
resolution
time.
11. Non-Production Environments. CentralSquare will make commercially reasonable efforts to provide nonproduction environment( s) during Client business hours. Non-production environments are not included under the metrics or service credit schedules discussed in this Exhibit.
11.1.Maintenance. All forms of maintenance to be performed on non-production environments will follow the exact structure and schedules outlined above in Section 10 for regular System Maintenance.
11.2.Incidents and service requests. Non-production environment incidents are considered priority 3 or 4, dictated by circumstances and will be prioritized and scheduled similar to production service requests.
12. Virtual Private Network (VPN) Concentrator. If Client’s desired system configuration requires the use of a VPN concentrator, including router, this will be provided by CentralSquare. It will reside at Client’s location but is, and shall remain, the property of CentralSquare.
13. Client Cooperation. Client may be asked to perform problem determination activities as suggested by CentralSquare. Problem determination activities may include capturing error messages, documenting steps taken Subscription Service License & Use Agreement Page 16 of 21 and collecting configuration information. Client may also be requested to perform resolution activities including, for example, modification of processes. Client agrees to cooperate with such requests, if reasonable.
14. Training. Outside the scope of training services purchased, if any, Client is responsible for the training and organization of its staff in the operation of the Software.
15. Development Work. The Support Standards do not include development work either (i) on software not licensed from CentralSquare or ( ii) development work for enhancements or features that are outside the documented functionality of the Software, except such work as may be specifically purchased and outlined in the Agreement.
CentralSquare retains all Intellectual Property Rights in development work performed and Client may request consulting and development work from CentralSquare as a separate billable service.
Subscription Service License & Use Agreement Page 17 of 21 ADDENDUM 1
BUSINESS ASSOCIATE ASSURANCE
In the event that CentralSquare is deemed to be a “Business Associate” of Client, and Client is a Covered Entity,” as those terms are defined in 45 C.F.R. § 160.103, CentralSquare, effective on or after April 14, 2003, or such other implementation date established by law, will carry out its obligations under this Agreement in material compliance with the regulations published at 65 Federal Register 82462 ( December 28, 2000) ( the “Privacy Regulations”) pursuant to Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F – Administrative Simplification, Sections 261, et seq., as amended (" HIPAA"), to protect the privacy of any personally identifiable, protected health information (" PHI") that is collected, processed or learned in connection with CentralSquare supplied services. In conformity therewith, Contractor agrees that it will use its reasonable best efforts to:
Not use or further disclose PHI except: ( i) as permitted under separate CentralSquare Support Agreement; ( ii) as required for the proper management and administration of CentralSquare in its capacity as a HIPAA Business Associate of Client, in the event CentralSquare is deemed tobe a Business Associate of Client for these specified purposes; or (iii) as required by law;
Use appropriate reasonable safeguards to prevent use or disclosure of PHI exceptas permitted by the CentralSquare Service Agreement;
Report to Client any use or disclosure of PHI not provided for by the CentralSquareService Agreement of which CentralSquare becomes aware;
Ensure that any agents or subcontractors to whom CentralSquare provides PHI, or who have access to PHI, agree to the same restrictions and conditions that apply to CentralSquare with respect to such PHI;
Make PHI available to the individual who has a right of access as required underHIPAA in the event CentralSquare maintains any PHI in a designated record set as defined by 45 C.F.R. § 164.501;
Make available for amendment and incorporate any amendments to PHI when notifiedto do so by Client in the event that CentralSquare maintains any PHI in a designated record set as defined by 45 C.F.R. § 164.501;
Make available to Client the information required to provide an accounting of the disclosures of PHI, if any, made by CentralSquare on Client’s behalf, provided such disclosures are of the type for which an accounting must be made under the Privacy Regulations;
Make its internal practices, books and records relating to the use and disclosure of Client’s PHI available to the Secretary of the Department of Health and Human Services for purposes of determining Client’s compliance with HIPAA and the Privacy Regulations; At the termination of the CentralSquare Service Agreement, return or destroy all PHI received from, or created or received by CentralSquare on behalf of Client. In the event the returnor destruction of such PHI is infeasible, CentralSquare’ obligations as defined in this Business Associate Assurance shall continue in force and effect so long as CentralSquare possesses any PHI, notwithstanding the termination of the Agreement for any reason. Notwithstanding any provisions of the CentralSquare Service Agreement to the contrary, Client may terminate the Agreement if Client determines that CentralSquare has violated a material term of the Agreement with respect to its functions as a Business Associate.
Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of theElectronic Subscription Service License & Use Agreement Page 18 of 21 Protected Health Information (“ e-PHI”) that it creates, receives, maintains, or transmits on behalf of Covered Entity, as required by the Security Rule at 45 C.F.R. §164.308, et seq.
Implement reasonable and appropriate policies and procedures to comply with the standards, required implementation specifications, or other requirements of theSecurity Rule that apply to Business Associates.
Promptly report to Covered Entity any Security Incident of which it becomes aware.
Comply with applicable breach notification provisions and notify Client of a breach of unsecured PHI in accordance with Subpart D of 45 C.F.R. Part 164, asapplicable.
Permitted and Required Uses and Disclosures by CentralSquare Except as otherwise limited by the Agreement, CentralSquare may use or disclose PHI as necessary to perform any and all functions, activities, or services for, or on behalf of Client if such use or disclosure of PHI would not violate applicable laws and regulations relating to the privacy and security of PHI. Except as otherwise limited in the Agreement, CentralSquare may use PHI for the proper management and administration of CentralSquare or to carry out the legal responsibilities of CentralSquare. CentralSquare may disclose PHI for those purposes required or otherwise permitted under applicable law or regulations. Except as otherwise limited by the Agreement, Business Associate may use PHI to provide Data Aggregation services to Covered Entity as permitted by 42 CFR § 164.504(e)(2)(i)(B) if CentralSquare has been otherwise engaged by Client to perform these services.
Subscription Service License & Use Agreement Page 19 of 21 ADDENDUM 2
Support Fees
Based on Client’s current licensed CentralSquare Software, the support fees for Client’s annual support term(s) are set forth below:
Application Qty
08/ 25/ 2021-
08/ 24/ 2022
08/ 25/ 2022-
08/ 24/ 2023
08/ 25/ 2023-
08/ 24/ 2024
TriTech. com Analytics 5 Annual
Maintenance Fee 1 USD 2,200.00 USD 2,310.00 USD 2,425.50 TriTech. com Analytics 5 Annual
Maintenance Fee 1 USD 2,500.00 USD 2,625.00 USD 2,756.25 Total USD 4,700.00 USD 4,935.00 USD 5,181.75
Prior to the end of the then current support term, and each subsequent annual support term, CentralSquare will forward an invoice to Client for the annual support fee, which fees are subject to increase in accordance with section IV (c) of this Agreement. An increase in the CentralSquare Software licenses granted to Client will result in an increase in the Software Support fee.
Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 1 of 28
Software SupportAgreement
CentralSquare Technologies, LLC
1000 Business Center Drive
Lake Mary, FL 32746
www.centralsquare.com
SOFTWARE SUPPORT AGREEMENT
TriTech Software Systems
Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 2 of 28
Software SupportAgreement
SOFTWARE SUPPORT AGREEMENT
TABLE OF CONTENTS
1.0 DEFINITIONS........................................................................................ 3
2.0 TERM AND TERMINATION.................................................................. 3
3.0 SUPPORT FEE(S) ................................................................................ 4
4.0 SUPPORT SERVICES, POINT OF CONTACT, AND CODE
OF CONDUCT....................................................................................... 5
5.0 SOFTWARE ERROR CORRECTION................................................... 6
6.0 SOFTWARE UPDATES........................................................................ 7
7.0 LIMITATIONS........................................................................................ 7
8.0 EQUIPMENT, SUBCONTRACTOR SOFTWARE AND HARDWARE,
AND SYSTEM SOFTWARE.................................................................. 9
9.0 LIMITATION OF LIABILITY................................................................ 10
10.0 DISPUTE RESOLUTION .................................................................... 10
11.0 SEVERABILITY .................................................................................. 10
12.0 FORCE MAJEURE/EXCUSABLE DELAY ......................................... 10
13.0 CONSTRUCTION AND HEADINGS................................................... 11
14.0 WAIVER.............................................................................................. 11
15.0 ENTIRE AGREEMENT ....................................................................... 11
16.0 APPLICABLE LAW ............................................................................ 11
17.0 ASSIGNMENT..................................................................................... 11
18.0 NOTICES ............................................................................................ 12
19.0 GENERAL TERMS ............................................................................. 12 ADDENDUM A................................................................................................ 14 ADDENDUM B................................................................................................ 15 ADDENDUM C................................................................................................ 28 Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 3 of 28
Software SupportAgreement
SOFTWARE SUPPORT AGREEMENT
Client: Vernon Police Department
Address: 4305 Santa Fe Avenue
City, State, Zip: Vernon, CA 90058
Phone, Fax: TBD
Contact Name: TBD
This Software Support Agreement (this “ Agreement”) is made by and between TriTech Software Systems, a CentralSquare Technologies, LLC company, referred to herein as “ TriTech”, with offices at 1000 Business Center Drive, Lake Mary, FL 32746, and the entity named above, referred to herein as “ Client” ( who together are referred to as the “ Parties”, or individually as Party” herein), with reference to the following facts.
A. WHEREAS, TriTech and Client have entered into a System Maintenance Agreement dated August 21, 2018; and
B. WHEREAS, this Software Support Agreement (this “Agreement”) supersedes and replaces the System Maintenance Agreement, and is entered into to provide continued Software Support for Client’s licensed TriTech software applications for a period as further defined herein.
NOW, THEREFORE, in consideration of the terms, promises, mutual covenants and conditions contained in this Agreement, TriTech and Client agree as follows:
1.0 DEFINITIONS
1.1 “ Business Hours” means TriTech’s normal business hours as further defined in Addendum B to this Agreement.
1.2 “ Documentation” means any standard user manuals or other related instructional and/or reference materials, provided by TriTech or other Software Vendors, including on-line help information and Release Notes issues in connection with Updates.
1.3 “ Effective Date” means the last date of signature of this Agreement.
1.4 “ Equipment” means the computer system equipment which meets TriTech’ s minimum recommended specifications.
1.5 “ Help Desk” means the TriTech function consisting of receiving calls from Client concerning System problem and assisting Client with respect to the manufacturers of Equipment, Software, and other items acquired under the original Software License Agreement under the Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 4 of 28
Software SupportAgreement
applicable warranties and/or maintenance support agreements.
1.6 “ Server” means a computer in a local area network that runs administrative software which controls access to all or part of the network and its resources and makes such resources available to computers acting as workstations on the network.
1.7 “ Software Error” means an error in coding or logic that causes a program not to substantially function as described in the applicable Specifications.
1.8 “ Software License Agreement” means the agreement entered into between Client and TriTech for license of the software applications supported under this Agreement.
1.9 “ Software Support” means Telephone Support, Software Error Correction, and Software Update services provided by TriTech as more fully described in this Agreement.
1.10 “ Specifications” means the functional requirements with respect to each Subsystem, including interface specification documents, and the published specifications for the Equipment, which documents are incorporated by reference herein as though set forth in full.
1.11 “ Subcontractor” means one of the entities identified in the Statement of Work as subcontractors to TriTech.
1.12 “ Subcontractor Hardware” means the hardware supplied by a Subcontractor as part of its subsystem.
1.13 “ Subcontractor Software” means software supplied by a Subcontractor as part of its subsystem.
1.14 “ System” means collectively all subsystems that make up the integrated computer system purchased or licensed under the System Maintenance Agreement and Software License Agreement between TriTech and Client.
1.15 “ System Software” means without limitation, operating system software, DBMS Software, and communications software.
1.16 “ TriTech Documentation” means any standard user manuals or other related instructional and/or reference materials, provided by TriTech, including on-line help information and Release Notes issues in connection with Updates.
1.17 “ Telephone Support” means the service provided by TriTech for access to the TriTech Technical Services Department by telephone, on a twenty-four (24) hour a day, seven 7) day per week basis, or as applicable on a Business Hour basis as further defined in this Agreement.
1.18 “ TriTech Software” means the Object Code version of the software licensed to Client under the Software License Agreement between TriTech and Client.
Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 5 of 28
Software SupportAgreement
1.19 “ Update” means revisions or additions to Software provided by the Vendor thereof.
The term “ Update” does not include separate modules or functions that are separately licensed and priced, or new products that are developed and marketed as separate products by the Vendor.
1.20 “ Use” means copying of any portion of Software from a storage unit or media into a computer or Server and execution of the software thereon. This term shall be construed to refer to a grant of reproduction rights under 17 U.S.C. 106(1), and shall not be construed to grant other rights held by the copyright owner, including without limitation, the right to prepare derivative works.
1.21 “ User” means the operator of a Workstation that is configured to access and/or utilize the capabilities and features of the System.
1.22 “ Vendor” means any supplier of hardware, software, or services provided under the System Maintenance Agreement, including TriTech, Subcontractors, System Software supplies and Equipment suppliers. With respect to software, this term means the owner of the intellectual property rights, including copyright, to the software.
1.23 “ Workstation” means any computer input station that utilizes the functionality of the System, whether the software resides locally or on a server.
2.0 TERM AND TERMINATION
2.1 Client’ s current annual support term is August 25, 2018 through August 24, 2021.
This Agreement is effective August 25, 2021 through August 24, 2024. Support fees will be paid on an annual basis.
2.2 Either party may terminate this Agreement upon written notice to the other party in the event that (i) the other party fails to comply with any material term or condition of this Agreement, provided that such failure has not been cured within thirty( 30) days receipt of written notice of such failure; or (ii) the other party’ s business operations are disrupted or discontinued for more than thirty (30) days by reason of insolvency, bankruptcy, receivership or business termination; or (iii) written notice of termination for convenience is provided by one Party to the other Party within ninety (90) days’ prior to the end of the then current supportterm.
3.0 SUPPORT FEE(S)
3.1 Software Support fee(s) to be paid by Client for the initial term of this Agreement are established based on the software licenses currently granted to Client. The Software Support fee for the initial term and the subsequent two (2) annual terms shall be the amount specified in Addendum A hereto.
3.2 Unless otherwise terminated as provided herein, TriTech shall notify Client prior to the end of the initial support term of the Software Support fees for the first renewal term. Unless otherwise agreed in writing, Software Support fees shall be due on or before the commencement of each annual support term and are due for all TriTech Software applications and modules licensed to Client. Software Support fee for the first renewal term and all renewals thereafter shall be subject to increase on an annual basis at a rate of 5%. Additional licenses purchased by Client Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 6 of 28
Software SupportAgreement
during any annual support period will result in additional support fees which shall be prorated to be coterminous with Client’ s then current support period.
3.3 Software Support fees do not include reasonable travel, food or lodging expenses incurred by TriTech for support services provided at Client’ s site or other locations remote from TriTech’s principal place of business. Such expenses must be pre-approved by Client and shall be paid by Client on receipt of TriTech’ s invoice for such expenses. Travel costs submitted for reimbursement will be actual costs, plus a five percent (5%) administrative fee.
3.4 If Client ceases to keep in force an annual Software Support Agreement, any resumption of such annual support shall be subject to payment by Client of all past unpaid Software Support fees in addition to the Software Support fee for the current support year.
Payment of applicable fees for any additional services required to bring Client’ s system current, which fees shall be charged at TriTech’ s then current rates for such services, shall also be the responsibility of the Client. Client acknowledges and agrees that the preceding clause is reasonable in light of the fact that the expenses incurred and resources devoted by TriTech to further development, enhancement and support of the TriTech Software must be spread over TriTech’s client base and fairly shared by all TriTech Software users.
3.5 All amounts due and payable to TriTech hereunder shall, if not paid when due, bear a late charge equal to one and one-half percent (1-1/2 %) per month, or the highest rate permitted by law, whichever is less, from fifteen ( 15) days after their due date until paid. Failure to pay annual Software Support fees when due may result in a notice of termination in accordance with section 2.3.
Remittance Address for Payments Only:
TriTech Software Systems
12709 Collection Center Drive
Chicago, IL 60693
3.5.1 Payments may be made by check; wire transfer; or Automated Clearing House ACH”). TriTech will provide banking information if Client requests to pay by wire transfer or ACH.
3.6 Except for taxes for which Client provides TriTech with written certification of its tax-exempt status, if TriTech is required to collect or pay sales, use, property, value-added, or other such taxes based on the software or services provided under this Agreement, and/or Client’s use thereof, then such taxes shall be invoiced to and paid by Client on receipt of suchinvoice.
4.0 SUPPORT SERVICES, POINT OF CONTACT, AND CODE OF CONDUCT
4.1 TriTech will provide support services as more fully described in Addendum B.
4.2 Client shall appoint a principal point of contact with a level of knowledge of the TriTech Software and Client’s computer environment to manage the reporting of Software Errors to TriTech in accordance with the Software Error Guidelines and Procedures set forth in Addendum B. TriTech reserves the right to request that Client appoint a replacement point of contact upon reasonable written notice to Client.
Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 7 of 28
Software SupportAgreement
4.3 At all times during the term of this Agreement or any renewal period, each party shall ensure that its employees do not engage in a disrespectful, disruptive, demeaning, or otherwiseinappropriate or abusive manner in dealing withtheother party and its employees. Any such behavior shall be reported to the party’s supervisor, manager, or executive as applicablefor correctiveaction. Aparty’sfailuretoremedyanyreportedissuesrelatedtoemployeemisconduct, including removal of the offending employee from direct contact with the other party, may be cause for termination in accordance with section 2.3 herein.
5.0 SOFTWARE ERROR CORRECTION AND ACCESS
5.1 If, during the term of this Agreement, Client determines that Software Error(s) exist, it will first follow any error procedures specified in the TriTech Documentation. If following the error procedures does not correct the Software Error, Client shall promptly notify TriTech pursuant to the guidelines and procedures described in Addendum B, setting forth the defects noted with specificity requested by TriTech. Upon notification of a reported Software Error, TriTech shall attempt to reproduce and verify the error and, if so verified, will managethe Software Error(s) in accordance with Addendum B. IfTriTechis unable to reproduce the Software Error at TriTech’s facility, the Client will assist in the research of a support issue including logging or other diagnostic tools as provided by TriTech. TriTech will provide onsite assistance if the Client and TriTech determine that it is necessary for TriTech personnel to travel to Client’s site to reproduce the error. If it is determined that reported problem was caused by the TriTech Software, TriTech will be responsible for its travel and related expenses for the onsite visit. In the event that the reported problem is determined to be the result of Equipment, Subcontractor Software or Hardware, or System Software, or is otherwise not attributable to the TriTech Software Client shall reimburse TriTech for its travel expenses incident to the on-site visit, as well as TriTech’ s labor related to the on-site visit at its then current hourly rates for technical support and engineering.
5.1.1 If, during the term of this Agreement, Client experiences performance issues with the TriTech Software related to user transaction times ( the elapsed time between electronically requesting information [ i.e., depressing the “ enter” key or mouse button] to the appearance of the data requested on the next screen) that materially degrades the operational use of the TriTech Software, the Client shall notify TriTech in accordance with Addendum B. TriTech will assist the Client to determine the source of the user transaction times issue TriTech Software, third party products, Client supplied network, etc.). If the related to user transaction times is found to be caused by the TriTech Software, TriTech will use commercially reasonable efforts to resolve the issue according to the Priority status (defined in Addendum B) assigned based on the Subsystem, transaction type, and operational impact on the Client’ sUsers.
5.2 TriTech maintains a Security program for managing access to Client data – particularly HIPAA and CJIS information. This includes 1) a Pre- employment background check, 2) security training required by Federal CJIS regulations, and 3) criminal background checks/ fingerprints required by Federal or State regulations. TriTech will work with the Client to provide required documentation ( such as the CJIS Security Addendum Certification form and VPN documents).
5.3 If required by the Client, TriTech will provide paper fingerprint cards for such Security Approved personnel with the fingerprinting performed in the state of the TriTech staff’ s Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 8 of 28
Software SupportAgreement
job assignment. If the Client requires fingerprints submitted in a form other than paper prints such as Live Scan) or that such fingerprints be performed at the Client’ s site, the Client will reimburse TriTech for the cost of TriTech Security Approved Personnel traveling to the Client’ s site or for a vendor (such as Live Scan) to travel to the applicable TriTech Offices. This provision will apply during the duration of this Agreement.
6.0 SOFTWARE UPDATES
6.1 From time to time at TriTech’s discretion, Updates to the TriTech Software and TriTech Documentation will be developed and provided to Client. All Updates to the TriTech Software and TriTech Documentation shall be subject to the terms and conditions of the Purchase Agreement and shall be deemed licensed TriTech Software thereunder. (Updates do not include new versions or separate modules or functions that are separately licensed and priced.)
7.0 LIMITATIONS
7.1 Software Support for the TriTech Software shall be subject to and conditional on Client’ s implementation and use of a version of the TriTech Software that is the most current general release version thereof that is offered to Client. If Client does not implement the most current general release version when it is made available, TriTech shall only be obligated to provide Software Support for Client’ s version of the TriTech Software for a period of twelve (12) months thereafter.
7.2 TriTech shall not be obligated to provide Software Support if Client is not current on the payment of all Software Support fees and expenses.
7.3 If any of the following circumstances exist, TriTech shall be entitled to charge additional Software Support fees plus expenses at its then current rates:
7.3.1 ProblemsintheTriTechSoftwarearecausedbymodificationoftheTriTech Software, Subcontractor Software or Hardware, System Software, or Equipment by Client or a third party.
7.3.2 Problems in the TriTech Software are caused by the TriTech Software not being used in accordance with the TriTech Documentation, or other instructions provided by TriTech, or by misuse or neglect.
7.3.3 Problems in the TriTech Software are caused by software not provided by TriTech, not approved by TriTech in writing or not specified as compatible in the TriTech Documentation. (The procedures for loading third party software on a Workstation or Server are set forth in paragraph 7.4 of this Agreement.)
7.3.4 Problems in the TriTech Software are caused by equipment which doesnot meet the configuration requirements, or Client does not maintain the site and facility as specified in the TriTech Documentation.
7.3.5 Problems in the TriTech Software are caused by one or more computer viruses that have not been introduced into Client’ s system by TriTech. Client shall maintain up- Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 9 of 28
Software SupportAgreement
to-date virus checking software in accordance with TriTech Documentation and shall check all software received from TriTech or any other person or entity for viruses before introducing that software into any part of the TriTech System. If desired by Client, TriTech will provide Updates on media rather than direct downloading to facilitate this virus checking. If, despite such check, a virus is introduced by TriTech, TriTech will provide a virus-free copy of the TriTech Software, and will, at its expense, reload said software on Client’s Equipment. Client shall practice reasonable back-up procedures for the TriTech System in accordance with TriTech Documentation.
7.3.6 Problems in the TriTech Software are caused by Subcontractor Softwareor System Software, including but not limited to operating system software.
7.3.7 Problems in the TriTech Software are caused by Equipment or software provided by Client or third parties with which the TriTech Software interfaces or operates including but not limited to Subcontractor Software or Hardware or System Software), including but not limited to problems caused by changes in such Equipment or software.
7.4 If, at any time after installation of the System, Client desires to load on a Workstation or Server any software not provided by TriTech, it shall, before loading such software, follow the procedures regarding third party software compatibility in the TriTech Documentation, and contact the TriTech Customer Service Department at the telephone numbers listed in Addendum B for assistance as required. Such action shall not constitute approval, express or implied, for the loading of specific software on a Workstation or Server, nor any express or implied warranty, representation or other obligation by TriTech with respectto such software, including but not limited to its suitability, operability or capability to meet Client’s needs or expectations. Client agrees that if the loading of such third-party software degrades the performance of the System, Client shall immediatelyuninstall such software. Client shallabsolve, dischargeandreleaseTriTechfromanyobligationsor liabilitiesrelatedtooperation or performance of the System, the TriTech Software, Subcontractor Software, or any other item providedbyTriTechunderthisAgreement, includingbutnotlimitedtoany liabilitiesfordamages related thereto in connection with the installation of such third party software.
7.5 TriTech Software Support under this Agreement, or any renewal or extension thereof, shall not include design, engineering, programming, testing, implementation or other services rendered necessary by changes in Subcontractor Software, System Software or Equipment, or in any other hardware, firmware or software provided by third parties or Client Third Party Changes”). Any such services shall be subject to additional charges by TriTech and the mutual agreement of the parties as to the terms and conditions under which such services are rendered. Absent such agreement, TriTech shall be under no obligation, express or implied, with respect to such Third- Party Changes.
7.6 Problems in the TriTech Software or transmission of data caused by wireless services are not warranted by TriTech, or covered under the terms of this Agreement. Client’ s use of services provided by wireless service providers or carriers, and the security, privacy, or accuracy of any data provided via such services is at Client’ s solerisk.
7.7 Client is responsible for maintaining the required certifications for access to Client’s state CJIS system(s), NCIC and/or other local state, federal and/or other applicable Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 10 of 28
Software SupportAgreement
systems.
8.0 EQUIPMENT, SUBCONTRACTOR SOFTWARE AND HARDWARE, AND
SYSTEM SOFTWARE
8.1 Maintenance and support for Equipment provided under the Purchase Agreement except as otherwise stated therein) is not included under this Agreement. However, sinceproper computer equipment maintenance is required for proper system operation, Client shall acquire and keep in force equipment maintenance agreements for the computer and peripheral equipment used to operate the TriTech Software, or to provide such maintenance in-house with qualified personnel. If Client determines that an item of Equipment provided under this Agreement does not perform as provided in the applicable specifications, Client may contact TriTech using the procedures described in Addendum B. TriTech shall thereupon provide Help Desk services to Client with respect to the reported problem and reasonable assistance, as defined in 8.2 below, in determining the cause of the reported problem. Notwithstanding the above, TriTech is not and shall not be a party to such third-party maintenance agreements nor shall TriTech have any obligation or liability thereunder.
8.1.1 TriTechJail, as further defined in Addendum B, will beinstalled on server(s) maintained by TriTech.
8.2 Maintenance and support for Subcontractor Software, Subcontractor Hardware, or System Software sold or licensed under the Purchase Agreement shall be subject to and provided inaccordancewith anymaintenanceagreements betweenClient andthesuppliersthereof, or other third party maintenance providers, or the provisions of the applicable Subcontract support terms provided hereto at Addendum C if continued annual support for the applicable Subcontractor Software is provided under this Agreement as further defined herein. If Client determines thatan item of Subcontractor Software or Hardware, or System Software provided under the Purchase Agreement does not perform as provided in the applicable Specifications, Client may contact TriTech using the procedures described in Addendum B. TriTech shall thereupon provide Help Desk services to Client with respect to the reported problem and provide reasonable assistance to Client in determining the causes of the reported problem. Reasonable assistance consists of an evaluation of the reported problem in order to determine if the problem is being caused by a TriTech Software issue or an issue with a Third-Party Item that needs to be addressed by the applicable Vendor. As part of the evaluation process, TriTech will share with the Client nonproprietary information related to the diagnosis such as error messages, database trace information and other information that led TriTech to diagnose the Third Party Item as thelikely cause and which may aid the Client in seeking a resolution from the applicable manufacturer or Vendor. For issues involving Windows O/S software ( Microsoft) that generally affect the operation of the TriTech Software and are not caused by a Client specific installation or configuration of the O/S, TriTech will work with Microsoft to coordinate the resolution. Notwithstanding the above, TriTech is not and shall not be a party to such third-party maintenance agreements nor shall TriTech have any obligation or liabilitythereunder.
9.0 LIMITATION OF LIABILITY
9.1 The total liabilityof TriTech for anyclaim or damage arising under this Agreement or renewals thereof, whether in contract, tort, by way of indemnification or under statute shallbe Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 11 of 28
Software SupportAgreement
limited to (i) direct damages which shall not exceed the Software Support fees paid under this Agreement by Client to TriTech for the twelve (12) month term during which the cause of action for such claim or damage arose or (ii) in the case of bodily injury or property damage for which defense and indemnitycoverage is provided byTriTech’sinsurance carrier(s), the coverage limits of such insurance.
9.2 IN NO EVENT SHALL TRITECH BE LIABLE, WHETHER IN
CONTRACTORINTORT,FORLOSTPROFITS, LOSTSAVINGS, LOSTDATA,LOST
OR DAMAGED SOFTWARE, OR ANY OTHER CONSEQUENTIAL ORINCIDENTAL
DAMAGES ARISING OUT OF THE USE OR NON-USE OF THE TRITECH
SOFTWARE, OR OTHERWISE RELATED TO THIS AGREEMENT, REGARDLESS
OF WHETHER TRITECH HAD KNOWLEDGE OFTHE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
10.0 DISPUTE RESOLUTION
10.1 The Parties desire to first attempt to resolve certain disputes, controversies and claims arising out of this Agreement or anyAddenda hereto before a Partybegins litigation. Prior to commencing litigation, at the written request of either Party, the Parties agree to meet onsite at either TriTech’ s or the Client’ s location as determined by the Parties, and negotiate in goodfaith to resolve any dispute arising under this Agreement. Each Party shall be responsible for its associated travel costs. If the above negotiations do not resolve the dispute with sixty (60) days of the initial written request, either Party may take appropriate legalaction.
11.0 SEVERABILITY
11.1 If any term, clause, sentence, paragraph, article, subsection, section, provision, condition or covenant of this Agreement is held to be invalid or unenforceable, for any reason, it shall not affect, impair, invalidate or nullify the remainder of this Agreement, but the effect thereof shall be confined to the term, clause, sentence, paragraph, article, subsection, section, provision, condition or covenant of this Agreement so adjudged to be invalid or unenforceable.
12.0 FORCE MAJEURE/EXCUSABLE DELAY
12.1 Neither party shall be responsible for failure to fulfill its obligations hereunder or liable for damages resulting from delay in performance as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of Equipment or software from suppliers, default of a subcontractor or vendor to the party if such default arises out of causes beyond the reasonable control of such subcontractor or vendor, the acts or omissions of the other party, or its officers, directors, employees, agents, contractors, or elected officials, and/or other occurrences beyond the party’ s reasonable control (“ Excusable Delay” hereunder). In the event of such Excusable Delay, performance shall be extended on a dayfor daybasis or as otherwise reasonablynecessary to compensate for such delay.
13.0 CONSTRUCTION AND HEADINGS
13.1 The division of this Agreement into sections and the use of headings of sections Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 12 of 28
Software SupportAgreement
and subsections are for convenient reference only and shall not be deemed to limit, construe, affect, modify, or alter the meaning of such sections or subsections.
14.0 WAIVER
14.1 The failure or delay of any party to enforce at any time or any period of time any of the provisions of this Agreement shall not constitute a present or future waiver of such provisions nor the right of either party to enforce each and every provision.
14.2 No term or provision hereof shall be deemed waived and no breach excusedunless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of or excuse for any other, different or subsequent breach.
15.0 ENTIRE AGREEMENT
15.1 This Agreement and its Addenda or Amendment(s) represent the entire agreement between the parties hereto and a final expression of their agreements with respect to the subject matter of this Agreement and supersedes all prior written agreements, oral agreements, representations, understandings or negotiations with respect to the matters covered by this Agreement.
16.0 APPLICABLE LAW
16.1 Except to the extent that this Agreement is governed by the laws of the United States, this Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of California without regard to its conflict of law.
17.0 ASSIGNMENT
17.1 Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise transferred by either Party without the prior written consent of the other Party, which consent will not be unreasonably withheld; provided however, that in the event of a merger or acquisition of all or substantially all of TriTech’ s assets, TriTech may assign this Agreement to an entity ready, willing and able to perform TriTech’s executory obligations hereunder, uponthe express written assumption of the obligations hereunder by the assignee.
Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 13 of 28
Software SupportAgreement
18.0 NOTICES
18.1 All notices required to be given under this Agreement shall be made in writing by i) first-class mail, postage prepaid, certified, return receipt, (ii) by regularly scheduled overnight delivery, (iii) by facsimile or e-mail followed immediately by first-class mail, or (iv) bypersonal delivery, to the address set forth below, or such other address as provided in writing. Such notices shall be deemed given three (3) days after mailing a notice or one (1) day after overnight delivery thereof.
To Client: To TriTech:
TriTech Software Systems
1000 Business Center Drive
Lake Mary, FL 32746
Attn: Attn: Contracts
19.0 GENERAL TERMS
19.1 This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this paragraph shall be construed as consent to any assignment of this Agreement by either party except as provided in the ASSIGNMENT section of this Agreement.
19.2 This Agreement shall not become a binding contract until signed by an authorized officer of both parties, and it is effective as of the date so signed.
19.3 This Agreement maybe executed in anynumber of identical counterparts, and each such counterpart shall be deemed a duplicate original thereof.
19.4 The provisions contained herein shall not be construed in favor of or againsteither party because that party or its counsel drafted this Agreement but shall be construed as if all parties prepared this Agreement.
19.5 Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural, and the use of any gender, be it masculine, feminine or neuter, shall include all of the genders.
19.6 A facsimile or scanned signature copy of this Agreement, its exhibits and amendments, and notices and documents prepared under this Agreement shall be treated as an original in all respects; the Parties agree that anydocument in electronic format or any document reproduced from an electronic format shall not be denied legal effect, validity, or enforceability, and shall meet any requirement to provide an original or hard copy.
19.7 This Agreement is made for the benefit of the Parties and is not intended to benefit anythird partyor be enforceable byanythird party. The rights of the parties to terminate, rescind, Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 14 of 28
Software SupportAgreement
or agree to any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent of any third party.
19.8 EACH PARTY’S ACCEPTANCE IS EXPRESSLY LIMITED TO THE
TERMS HEREOF AND NO DIFFERENT OR ADDITIONAL TERMS CONTAINED IN
ANY PURCHASE ORDER, CONFIRMATION, BUSINESS FORM OR OTHER
WRITING SHALL HAVE ANY FORCE OR EFFECT UNLESS EXPRESSLY AGREED TO IN WRITING BY EACH PARTY.
Vernon Police Department TriTech Software Systems
Accepted By (Signature) Accepted By (Signature)
Printed Name Printed Name
Title Title
Date Date
Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 15 of 28
Software SupportAgreement
ADDENDUM A
SUPPORT FEES
Based on Client’ s current licensed TriTech Software, the support fees for Client’ s annual support term(s) are set forth below:
Application Qty
08/ 25/ 2021-
08/ 24/ 2022
08/ 25/ 2022-
08/ 24/ 2023
08/ 25/ 2023-
08/ 24/ 2024
RMS Workstation Software Annual
Maintenance Fee 1 15,122.11 15,878.22 $ 16,672.13
CAD Workstation License (IN) Annual
Maintenance Fee 1 23,217.39 24,378.26 $ 25,597.17
Mobile CAD Interface Annual Maintenance
Fee 1 29,035.18 30,486.94 $ 32,011.29
Enterprise CAD Integrated Solution Annual
Maintenance Fee 1 400.00 420.00 $ 441.00
Total 67,774.68 71,163.41 $ 74,721.58
Application Qty
08/ 02/ 2021-
08/ 01/ 2022*
08/ 02/ 2022-
08/ 01/ 2023
08/ 02/ 2023-
08/ 01/ 2024
Enterprise RMS Integrated Solution Annual
Maintenance Fee 1 3,600.00 $ 3,780.00
Enterprise RMS Test or Training System
Annual Maintenance Fee 1 1,620.00 $ 1,701.00
Enterprise RMS Reporting Server License
Annual Maintenance Fee 1 450.00 $ 472.50
Total 5,670.00 $ 5,953.50
The amounttotal for Maintenance include the first year of software use and maintenance.
Commencing one year after Go Live, Year 2 Support and Maintenance shall be due.
Priortotheendofthethencurrent support term, andeachsubsequent annual supportterm, TriTech will forward an invoice to Client for the annual support fee, which fees are subject to increase in accordance with section 3.2 of this Agreement. An increase in the TriTech Software licenses granted to Client will result in an increase in the Software Support fee.
Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 16 of 28
Software SupportAgreement
ADDENDUM B
SOFTWARE ERROR CORRECTION
GUIDELINES AND PROCEDURES
This Software Technical Support describes the terms and conditions relating to technical support that TriTech will provide to Client during the Term of the Agreement.
1. Product Updates and Releases
1.1. Updates. From time to time TriTech may develop permanent fixes or solutions to known problems or bugs in the Software and incorporate them in a formal “Update” to the Software. If Client is receiving technical support from TriTech on the general release date for an Update, TriTech will provide the Client with the Update and related Documentation.
1.2. Releases. Client shall promptly agree to install and/or use any Release provided by TriTech to avoid or mitigate a performance problem or infringement claim. All modifications, revisions and updates to the Software shall be furnished by means of new Releases of the Software and shall be accompanied by updates to the Documentation whenever TriTech determines, in its sole discretion, that such updates are necessary.
2. Telephone Support & Support Portal
2.1. Hours. TriTech shall provide to Client, Monday through Friday, 7:30 A.M. to 8:30 P.M. (Eastern Time) toll-free phone number ( 800-987-0911), excluding holidays. TriTech shall provide to Client, during the Support Hours, commercially reasonable efforts in solving errors reported by the Client as well as making available an online support portal. Client shall provide to TriTech reasonably detailed documentation and explanation, together with underlying data, to substantiate errors and to assist TriTech in its efforts to diagnose, reproduce and correct the error. This support shall be provided by TriTech at Client location(s) if and when TriTech and Client agree that on-site services are necessary to diagnose or resolve the problem. If a reported error did not, in fact, exist or was not attributable to a defect in the Software or an act or omission of TriTech, then Client shall pay for TriTech's investigation and related services at TriTech’s standard professional services rates.
Client must provide TriTech with such facilities, equipment and support as are reasonably necessary for TriTech to perform its obligations under this Amendment, including remote access to the Specified Configuration.
2.2. Urgent and Critical Priority Telephone Assistance after Normal Customer Service Hours.
After Normal TriTechCustomer Service Hours, emergency support for Subscription applications will be answered by our emergency paging service. When connected to the service, the Client shall provide his or her name, organization name, call-back number where the Customer Service Representative may reach the calling party, and a brief description of the problem (including, if applicable, the information that causes the issue to be a Critical Priority Problem).
Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 17 of 28
Software SupportAgreement
3. Website Support
Online support is available 24 hours per day, offering Client the ability to resolve its own problems with access to TriTech’s most current information. Client will need to enter its designated username and password to gain access to the technical support areas on TriTech’s website. TriTech’s technical support areas allow Client to: (i) search an up-to-date knowledge base of technical support information, technical tips, and featured functions; and ( ii) access answers to frequently asked questions (FAQ).
4. Exclusions from Technical Support Services
TriTech shall have no support obligations with respect to any third-party hardware or software product (“ Nonqualified Product”). If Client requests support services for a problem that TriTech reasonably believes was caused or exacerbated by a Nonqualified Product, TriTech shall provide notice thereof to Client along with a quoted price for the support services; Client must approve the incurrence of such charges in writing prior to TriTech rendering the services. Client shall be solely responsible for the compatibility and functioning of Nonqualified Products with the Software.
5. Client Responsibilities
In connection with TriTech’s provision of technical support as described herein, Client acknowledges that Client has the responsibility to do each of the following:
5.1 Provide hardware, operating system and browser software that meets technical specifications, as well as a fast, stable, high speed connection and remoteconnectivity.
5.2 Maintain the designated computer system and associated peripheral equipment in good working order in accordance with the manufacturers’ specifications, and ensure that any problems reported to TriTech are not due to hardware malfunction;
5.3 Maintain the designated computer system at the latest code revision level reasonably deemed necessary by TriTech for proper operation of the Software;
5.4 Supply TriTech with access to and use of all information and facilities reasonably determined tobe necessary by TriTech to render the technical support describedherein;
5.5 Perform any test or procedures reasonably recommended by TriTech for the purpose of identifying and/or resolving any problems;
5.6 At all times follow routine operator procedures as specified in the Documentation or any policies of TriTech posted on the TriTech website following notice from TriTech to Client;
5.7 Client shall remain solely responsible at alltimes for the safeguarding of Client’s proprietary, Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 18 of 28
Software SupportAgreement
confidential, and classified information; and
5.8 Ensure that the designated computer system is isolated from any process links or anything else that could cause harm before requesting or receiving remotesupport assistance.
6. Security:
6.1 TriTech maintains a Security program for security managing access to Client data – particularly HIPAA and CJIS information. This includes 1) a Pre- employment background check, 2) security training required by Federal CJIS regulations, and 3) criminal background checks/ fingerprints required by Federal or State regulations. TriTech will work with the Client to provide required documentation (such as the CJIS Security Addendum Certification form and VPN documents).
6.2 If required by the Client, TriTech will provide paper fingerprint cards for such Security Approved personnel with the fingerprinting performed in the state of the TriTech staff’ s job assignment. If the Client requires fingerprints submitted in a form other than paper prints such as Live Scan) or that such fingerprints be performed at the Client’ s site, the Client will reimburse TriTech for the cost of TriTech Security Approved Personnel traveling to the Client’s site or for a vendor (such as Live Scan) to travel to the applicable TriTech Offices.
This provision will apply during the duration of this Agreement.
7. Priorities and Support Response Matrix: The following priority matrix relates to software errors covered by this Agreement. Causes secondary to non-covered causes - such as hardware, network, and third-party products - are not included in this priority matrix and are outside the scope of this Software Technical Support. TriTech will make commercially reasonable efforts to respond to Software incidents for live remote based production systems using the following guidelines:
Priority Issue
Definition
Response
Time
Priority 1 –
Urgent
Normal Customer Service Hours
Support for live operations on the
production system: A system down
or not functioning event, and no
procedural workaround exists. This
is defined as the following:
x TriTech server software
inoperative
x Loss of ability for all users
to log on to system
x Loss of transactional data &
transactional data corruption
Normal Customer Service Hours:
Telephone calls to 800-987-0911
will be immediately answered and
managed by the first available
representative. TriTech initially
responds to a Priority 1 case within
one hour after opening.
After Normal Customer Service
Hours: Thirty ( 30) minute call
back after Client telephone contact
to 800-987-0911.
Priority 1 issues must be called in
Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 19 of 28
Software SupportAgreement
This means one or more critical
server components are nonfunctional
disabling the software or the field
reporting capabilities of
workstations.
via 800-987-0911 in order to
receive this level of response.
Priority 2 –
Critical
Normal Customer Service Hours
Support for live operations on the
production system: A serious
Software Error that disrupts
operations but there is capacity to
remain productive and maintain
necessary business level operations.
Such errors will be consistent and
reproducible.
x Loss of ability for TriTech
users to enter Case (Incident,
Arrest and Custody) records
into the system
x Unable to book or releaseinmates
A significant number of the
workstations are negatively
impacted by this error (e.g., does not
apply to a minimal set of
workstations).
Normal Customer Service Hours:
Telephone calls to 800-987-0911
will be immediately answered and
managed by the first available
representative. TriTech initially
responds to a Priority 2 case within
two hours after opening.
After Normal Customer Service
Hours: One ( 1) hour minute call
back after Client telephone contact
to 800- 987- 0911.
Non- Urgent Priority issues may
also be reported via
Https:// support. centralsquare. com/ s
contrac-us
Priority 3 – NonCriticalNormal Customer Service Hours
Support: A Software Error not
meeting the criteria of an Urgent or
Critical Priority, has a workaround
available, and involves partial loss
of noncritical functionality. Such
errors will be consistent and
reproducible.
x Loss of Non-Urgent Data
with “Non- Urgent” being
defined as not causing an
error classified as a Priority 1
or Priority 2 error (above).
x NIBRS State reporting
issues that cause agency
reports to exceed State
Normal Customer Service Hours:
Telephone calls to 800-987-0911
will be answered and managed by
the first available representative.
TriTech initially responds to a
Priority 3 case within eight business
hours after opening.
Non- Critical Priority issues may
also be reported via
Https:// support. centralsquare. com/ s
contrac-us
Non-Critical Priority issues are not
managed after Normal Customer
Service Hours.
Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 20 of 28
Software SupportAgreement
error submission limits
x UCR reporting multiple
occurrence of inaccurate
data
Priority 4 –
Minor
Normal Customer Service Hours
Support: A Software Error related to
a user function which does not
negatively impact the User by
preventing routine use of the system.
The inconvenience is slight and can
be tolerated.
Normal Customer Service Hours:
Telephone calls to 800-987-0911
will be answered and managed by
the first available representative.
TriTech initially responds the next
business day after the pint of
opening a Priority 4 case during
TriTech’ s normal local business
hours or within two business days
after a P4 case is opened outside of
TriTech’ s normal local business
hours.
Minor Priority issues may also be
reported via
Https://support.centralsquare.com/s
contrac-us
Minor Priority issues are not
managed after Normal Customer
Service Hours.
8. Exceptions. TriTech shall not be responsible for failure to carry out its service and maintenance obligations under this Amendment if the failure is caused by adverse impact due to:
8.1. defectiveness of the Client’ s environment, Client’ s systems, or due to Client corrupt, incomplete, or inaccurate data reported to the Software, or documented Defect.
8.2. denial of reasonable access to Client’s system or premises preventing TriTechfrom addressing the issue.
8.3. material changes made to the usage of the Software by Client where TriTech has not agreed to such changes in advance and in writing or the modification or alteration, in any way, by Client Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 21 of 28
Software SupportAgreement
or its subcontractors, of communications links necessary to the proper performance of the Software.
8.4. a force majeure event, or the negligence, intentional acts, or omissions of Client or its agents.
9. Incident Resolution. Actual response times and resolutions may vary due to issue complexity and priority. For critical impact level and above, TriTech provides a continuous resolution effort until the issue is resolved. TriTech will make commercially reasonable efforts to resolve Software incidents for live remote based production systems using the following guidelines:
Priority Resolution Process Resolution
Time
Priority 1 –
Urgent
TriTech will provide a procedural
or configuration workaround or a
code correction that allows the
Client to resume live operations
on the production system.
TriTech will work continuously
including after hours) to provide the
Client with a solution that allows the
Client to resume live operations on
the production system.
TriTech will use commercially
reasonable efforts to resolve the issue
as soon as possible and not later than
24 hours after notification.
Priority 2 –
Critical
TriTech will provide a procedural
or configuration workaround or a
code correction that allows the
Client to resume normal
operations on the production
system.
TriTech will work to provide the
Client with a solution that allows the
Client to resume normal operations
on the production system which may
include a fix on the system prior to
the next panned commercial release
of the applicable TriTech product
software.
Priority 3 –
Non - Critical
TriTech will provide a procedural
or configuration workaround that
allows the Client to resolve the
problem.
TriTech will work to provide the
Client with a resolution reasonably
appropriate to the nature of the case
which may include a workaround or
code correction in a future release of
the software. Priority 3 issues have
priority scheduling in a subsequent
release.
Priority 4 – Minor If TriTech determines that a
reported Minor Priority error
requires a code correction, such
issues will be addressed in a
subsequent release when
applicable.
TriTech will work to provide the
Client with a resolution which may
include a workaround or code
correction in a future release of the
software. Priority 4 issues have no
guaranteed resolution time.
Vernon Police Department
Copyright © 2021 CentralSquare Technologies, LLC – Confidential & Proprietary Unpublished: Rights reserved under the copyright laws of the United States Page 22 of 28
Software SupportAgreement
10. Non-Production Environments. TriTech will make commercially reasonable efforts to provide nonproduction environment( s) during Client business hours. Non- production environments are not included under the metrics or service credit schedules discussed in this Exhibit.
10.1. Maintenance. All forms of maintenance to be performed on non-production environments will follow the exact structure and schedules outlined above for regular System Maintenance.
10.2. Incidents and service requests. Non-production environment incidents are considered priority 3 or 4, dictated by circumstances and will be prioritized and scheduled similar to production service requests.
11. Training. Outside the scope of training services purchased, if any, Client is responsible for the training and organization of its staff in the operation of the Software.
12. Development Work. The Support Standards do not include development work either ( i) on software not licensed from TriTech or (ii) development work for enhancements or features that are outside the documented functionality of the Software, except such work as may be specifically purchased and outlined in the Agreement. TriTech retains all Intellectual Property Rights in development work performed and Client may request consulting and development work from TriTech as a separate billable service.
In Process
Date: 9/2/2021
4305 South Santa Fe Ave.
Vernon, CA 90058
Asset Product Group Item Description Quote # Original Qty Qty Change (+/-) Updated Qty Unit Price Qty* Unit $ Discounts Extended Price Services PSJ Enterprise Estimated Travel Expenses ( To be billed as incurred) 1 - 0.307389 0.692611 20, 300. 00$ ( 6, 240. 00)$ ( 6, 240. 00)$ Services PSJ Enterprise Public Safety Training - Fixed Fee Q- 66436 0 32 32 195. 00$ 6, 240. 00$ 6, 240. 00$
0. 00$
6,240. 00)$
6,240. 00$
0.00$
Issued by: 12709 Collection Center Drive
Contact info: Chicago, IL 60693
Purchase Order required and attached, reference PO# on invoice No Purchase Order required to invoice
Please check one of the following:
I agree to pay any applicable sales tax.
I am tax exempt. Please contact me if CentralSquare does not have my current exempt information on file.
Vernon
Police, CA
Title
Date
Remit Payments to:
CentralSquare Technologies, LLC
Total Payments:
Project Payment Terms: Payment due in full 30 days from date of invoice Summary Information & Project Notes
Estimated travel is partially removed from contract:
New services are fixed fee, due upon completion of training. Will be invoiced under Q-66436:
Total:
Client Authorized Representative
Client Purchase Order #:
Account Executive:
Client Contact:
Send Purchase Orders to:
Account Management
Total:
Contact Phone: Ship to:
Contact Email Address:
Credit Terms:
Project Manager:
Crystal Roth
Change Order #:
Client Agency/ Entity Name
Print Name
Client Authorized Representative
Signature
[email protected]
Product Family:
Proposed Change Order is valid for 60 (sixty) days. The terms and conditions outlined in the original contract apply to this change when fully executed.
By signing below, you are indicating that you are authorized to obligate funds for your organization. To activate this change order, check the appropriate box below and, either, (I) attach a copy of this change order to your purchase order when it is remitted to CentralSquare', ( ii) if no additional authorizing paperwork is required for your organization to accept and pay an invoice for this change order, sign below and email this change order to your account manager to indicate your acceptance.
Terms and Conditions
Accepted for Client
Q- 00030907
SR- 55404
Ernesto Smith
323) 583- 8811
[email protected]
Net- 30
Mike McClamroch
Client Purchase Order Date:
Change Order
General & Client Information
Project Products & Services Change Summary
Bill To #:
Install Name:
Original Contract #:
Vernon Police, CA
PSJ
Agency/ Entity Name: Bill to:
Please
Post Go-Live Decommission Cancelation GSA
In Process
Confidential & Proprietary
CentralSquare Technologies Page 1 of 2
Vernon Police Department, CA
Quote Q-00030907
Task Completion Report 1
Reference: Web RMS Upgrade w/ NIBRS Q-00030907
Effective Date: 12/17/2021
The purpose of this Task Completion Report (“TCR”) is to document the mutual acceptance between CentralSquare and Vernon Police Dept., CA of the items listed in this TCR, in reference to Vernon Police Department, CA - Web RMS Upgrade w/ NIBRS Q-00030907.
Completion of Project Deliverables:
The following Project Deliverable( s) have been completed:
1. TriTech Inform RMS Software License Fee(s)
a. Inform RMS Reporting Server License – 8/28/ 2020
b. Inform RMS Test or Training System – 8/ 28/ 2020
2. TriTech Inform RMS Implementation Service Fee( s)
a. Business Analysis & Consultation Services – 9/ 16/ 2021 b. Inform RMS 3-Day Workshop and Consultation
i. Configuration and Administration Workshop 3 days – 2/ 18/ 2021 ii. Template Workshop 3 days – 3/ 11/ 2021
iii. Validation and Readiness Workshop 3 days – 6/ 24/ 2021 c. Inform RMS End User Training - Field Officers ( 2 Days) – 6/ 29/ 2021 d. Inform RMS Output Designer Workshop 3 Day – 4/ 15/ 2021 e. Inform RMS Post Go Live System Optimization and Advanced Configuration Workshop 3 Days – 9/1/2021
f. Inform RMS Reporting Server Configuration – 8/ 28/ 2020 g. Inform RMS Server Installation and Configuration
i. Production environment – 8/28/ 2020
ii. Training environment – 8/28/ 2020
h. Inform RMS User Training - Records ( 2 Days) – 7/ 1/ 2021 i. NIBRS Migration services hours – 9/14/ 2021
j. Onsite Go Live Support Services for Inform RMS (8 Hour Coverage for 4 Days - Single Shift Per Day, One Person Per Shift) – 8/5/2021
3. Custom Solution( s) – Inform RMS NIBRS License – 3/ 8/ 2021
4. Project- Related Fee( s)
a. Estimated Travel Expenses ( To be billed as incurred) – 8/ 6/ 2021 In Process
Confidential & Proprietary
CentralSquare Technologies Page 2 of 2
b. Professional Service - SQL Installation ( Remote Service) – 8/ 28/ 2020 c. Report Writing Training ( 3 days) – 6/ 17/ 2021
d. Additional User Training onsite 4 days per change order (2 days Field Officer & 2 days Property & Evidence training) – 7/ 16/ 2021
5. Annual Maintenance Fee( s) Year 1
a. Inform RMS NIBRS License – 8/ 2/ 2021
b. Inform RMS Reporting Server License – 8/ 2/ 2021
c. Inform RMS Test or Training System Maintenance – 8/ 2/ 2021 Note: The following items are pending the completion of Classic Data Importer (CDI) migration:
1. Inform RMS Data Conversion
2. Professional Service - VisionRMS Data Transfer ( Remote Service)
3. Project Management
Acknowledgement:
Approval of this TCR does not generate an invoice related to this Project.
The Client is responsible for approving and executing this TCR within five (5) business days of receipt. If Client rejects this TCR, Client must provide written notice detailing the reason( s) why this TCR cannot be approved. If Client does not execute, or provide rejection notice, within five (5) business days, this TCR will be deemed accepted. Acceptance of this TCR will close out the deliverable( s), milestone( s), and/ or project, as applicable. Any delays in the execution or acceptance of this Document may result in a project slowdown or stoppage .
Please sign and return this document to CentralSquare.
Approvals
Client Project
Manager
Print Name: / name1/
Signature: / sig1/ Dadate1//
CentralSquare
Project Manager Print Name: William Michael McClamroch
Signature:
Date: 12/ 17/ 2021
MORE INFORMATION AT CENTRALSQUARE. COM
Quote prepared on:
October 11, 2021
Quote prepared by:
Randy McCloskey
randy.mccloskey@centralsquare. com
Thank you for your interest in CentralSquare. CentralSquare provides software that powers over 8,000 communities. More about our products can be found at www.centralsquare. com.
WHAT SOFTWARE IS INCLUDED?
PRODUCT NAME QUANTITY UNIT PRICE TOTAL
CrimeView Analytics:
Informative ( 3 years
data) CST System
Subscription
1 3,350.00 3,350.00
CrimeView Analytics:
Standard ( 3 years
data) CST System
Subscription
1 3,125.00 3,125.00
Software Total 6,475.00 USD
WHAT SERVICES ARE INCLUDED?
DESCRIPTION TOTAL
Public Safety GIS/Analytics Services - Fixed Fee 19,500.00 Public Safety Project Management Services - Fixed Fee 3,900.00 Services Total 23,400.00 USD
QUOTE SUMMARY
Software Subtotal 6,475.00 USD
Quote #: Q-69013
Primary Quoted Solution: IQ
Quote expires on: December 29, 2021
Quote prepared for:
Donna Aggers
Vernon Police Department
4305 S. Santa Fe Avenue
Vernon, CA 90058
323) 583-8811
MORE INFORMATION AT CENTRALSQUARE. COM
Quote prepared on:
October 11, 2021
Quote prepared by:
Randy McCloskey
randy.mccloskey@centralsquare. com
Services Subtotal 23,400.00 USD
Quote Total 29,875.00 USD
WHAT ARE THE RECURRING FEES?
TYPE AMOUNT
FIRST YEAR MAINTENANCE TOTAL 0.00
FIRST YEAR SUBSCRIPTION TOTAL 6,475.00
The amount totals for Maintenance and/or Subscription on this quote include only the first year of software use and maintenance. Renewal invoices will include this total plus any applicable uplift amount as outlined in the relevant purchase agreement.
This Quote is not intended to constitute a binding agreement. The terms herein shall only be effective once incorporated into a definitive written agreement with CentralSquare Technologies ( including its subsidiaries) containing other customary commercial terms and signed by authorized representatives of both parties.
BILLING INFORMATION
Fees will be payable within 30 days of invoicing.
Please note that the Unit Price shown above has been rounded to the nearest two decimal places for display purposes only.
The actual price may include as many as five decimal places. For example, an actual price of $21.37656 will be shown as a Unit Price of $21.38. The Total for this quote has been calculated using the actual prices for the product and/or service, rather than the Unit Price displayed above.
Prices shown do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an invoice.
MORE INFORMATION AT CENTRALSQUARE. COM
Quote prepared on:
October 11, 2021
Quote prepared by:
Randy McCloskey
randy.mccloskey@centralsquare. com
For customers based in the United States or Canada, any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the "Ship To" location provided by Customer on the Quote Form.
PURCHASE ORDER INFORMATION
Is a Purchase Order (PO) required for the purchase or payment of the products on this Quote Form? (Customer to complete) Yes [ ] No [ ]
Customer’ s purchase order terms will be governed by the parties’ existing mutually executed agreement, or in the absence of such, are void and will have no legal effect.
PO Number:
Initials:
Change Order
MORE INFORMATION AT CENTRALSQUARE. COM
Quote prepared on:
November 08, 2021
Quote prepared by:
Chris Grant
chris.grant@centralsquare. com
Thank you for your interest in CentralSquare. CentralSquare provides software that powers over 8,000 communities. More about our products can be found at www.centralsquare. com.
WHAT SERVICES ARE INCLUDED?
DESCRIPTION TOTAL
Estimated Travel & Living Enterprise PSJ 2,100.00
Public Safety Consulting Services - Fixed Fee 4,680.00
Public Safety Project Management Services - Fixed Fee 975.00 Services Total 7,755.00 USD
QUOTE SUMMARY
Services Subtotal 7,755.00 USD
Quote Total 7,755.00 USD
WHAT ARE THE RECURRING FEES?
TYPE AMOUNT
FIRST YEAR MAINTENANCE TOTAL 0.00
Quote #: Q-74101
Primary Quoted Solution: PSJ Enterprise
Quote expires on: February 06, 2022
Change Order in reference to: Q-00030907
Quote prepared for:
Donna Aggers
Vernon Police Department
4305 S. Santa Fe Avenue
Vernon, CA 90058
323) 583-8811
Change Order
MORE INFORMATION AT CENTRALSQUARE. COM
Quote prepared on:
November 08, 2021
Quote prepared by:
Chris Grant
chris.grant@centralsquare. com
FIRST YEAR SUBSCRIPTION TOTAL 0.00
The amount totals for Maintenance and/or Subscription on this quote include only the first year of software use and maintenance. Renewal invoices will include this total plus any applicable uplift amount as outlined in the relevant purchase agreement.
BILLING INFORMATION
Fees will be payable within 30 days of invoicing.
Please note that the Unit Price shown above has been rounded to the nearest two decimal places for display purposes only.
The actual price may include as many as five decimal places. For example, an actual price of $21.37656 will be shown as a Unit Price of $21.38. The Total for this quote has been calculated using the actual prices for the product and/or service, rather than the Unit Price displayed above.
Prices shown do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an invoice.
For customers based in the United States or Canada, any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the "Ship To" location provided by Customer on the Quote Form.
PAYMENT TERMS
License Fees & Annual Subscriptions
100% Due Upon Contract Execution
Contract Startup
100% Due Upon Contract Execution
Hardware & Third-Party Software
100% Due Upon Contract Execution
Services
Fixed Fee: 100% Due Upon Completion
Time & Material: Due as Incurred
Services Bundle: Fixed Fee, 100% Due Upon Execution
Third-Party Services
Fixed Fee: 50% Due Upon Contract Execution; 50% Due Upon Completion Travel & Living Expenses
Due as Incurred
Change Order
MORE INFORMATION AT CENTRALSQUARE. COM
Quote prepared on:
November 08, 2021
Quote prepared by:
Chris Grant
chris.grant@centralsquare. com
PURCHASE ORDER INFORMATION
Is a Purchase Order (PO) required for the purchase or payment of the products on this Quote Form? (Customer to complete) Yes [ ] No [ ]
Customer’ s purchase order terms will be governed by the parties’ existing mutually executed agreement, or in the absence of such, are void and will have no legal effect.
PO Number:
Initials:
Vernon Police Department
Signature:
Name:
Date:
Title:
Confidential and Proprietary
Summary of Services
Project: Vernon Police, CA, Property and Evidence Workshop, Q-74101 The parties mutually agree and acknowledge this Summary of Services is a high-level overview of the project requested, not a detailed requirements or design of solution.
Project Scheduling
Parties agree a schedule will be provided for services within sixty (60) days from the execution of the above quote number.
Change Requests
The parties may request a change to this summary of services, to increase hours or deliverables, through a written request to the CentralSquare project manager or resource.
Services Scope of Project
The project includes the following scope of services.
Consulting Services
The Records Enterprise Consultant will enable the Property and Evidence module in all environments desired by the client. The Consultant will prepare the property and evidence module in the designated “ Training” environment to conduct the Records Enterprise Property and Evidence Training. Consulting Hours will not exceed (24) hours to prepare the system and conduct the Training.
Property and Evidence Training
The Records Enterprise Property and Evidence training is a hands- on course for personnel responsible for entering, updating, and maintaining evidence records, and providing written notification for property or impounds. Students learn how to configure the module, search evidence records, manage evidence items, create item barcodes, and use barcoding for inventory evidence. Training should be conducted directly with the Evidence Technicians at the agency’ s Evidence room.
Training classes are conducted between Tuesday and Friday, with a maximum of ten (10) students per class.
Prerequisites: 1) Basic understanding of computers and the Microsoft Windows Environment. 2) A comprehensive understanding of the departmental policies and procedures associated to maintaining Evidence. 3) A thorough understanding of how each of the Agency’ s Evidence locations are laid out and used.
CentralSquare Responsibilities
x Conduct a training orientation via conference call between the assigned CentralSquare Training personnel and the designated Client representative. The objective of this session is to define the Training Schedule, based on the configurations of the Subsystem.
x Schedule the Records Enterprise Training class(es) in accordance with the Client’ s availability and the Project Schedule.
x Prepare and distribute the meeting agendas and documents for Client review or completion to all required attendees two weeks prior to each meeting.
2 | Confidential and Proprietary MORE INFORMATION AT CENTRALSQUARE. COM x Develop and provide the Records Enterprise Training Plan for all licensed product options to the Client. x Conduct the training session( s) for the licensed product options on a mutually agreed toschedule. x Prepare and submit a TCR upon completion of each class, or a group of consecutive classes.
Client Responsibilities
x Participate in the training orientation by providing a decision maker that can articulate the specific business practices that have been used in guiding the build of the Client’ sSystem. x Provide adequate facilities for the execution of the training to include adequate seating for each workstation and an overhead projector.
x Provide a Local Records Administrator for each class that can answer agency specific questions as related to the build of the Client’ s system.
x Review and approve the applicable TCRs.
Project Management
Even in smaller, less complex projects, there needs to be a point of contact and someone driving a project to successful completion. CentralSquare’ s Implementation Methodology ensures a project has the right amount of oversight needed to successfully complete the work, no more no less. A CentralSquare Project Manager will be your point of contact for the scoped work with you to develop a timeline to meet your needs, drive the timeline to completion, work to resolve any issues that may arise during the life of the project, all while keeping you up to date so you have the peace of mind your project is on track for a successful completion.
Professional Services
Throughout the course of the project, CentralSquare will use several types of services ( defined herein) to complete the necessary steps for successful deployment of the contracted services. The overall services aligned to implementation include Consulting Services, Technical Services, Data Conversion Services, Training Services, and in some cases, Installation Services.
MORE INFORMATION AT CENTRALSQUARE. COM
Quote prepared on:
December 06, 2021
Quote prepared by:
Catherine Chang
cat.chang@centralsquare. com
Thank you for your interest in CentralSquare. CentralSquare provides software that powers over 8,000 communities. More about our products can be found at www.centralsquare. com.
WHAT SERVICES ARE INCLUDED?
DESCRIPTION TOTAL
24 Hour PSJ Professional Services Bundle 5,000.00
Services Total 5,000.00 USD
QUOTE SUMMARY
Services Subtotal 5,000.00 USD
Quote Total 5,000.00 USD
WHAT ARE THE RECURRING FEES?
TYPE AMOUNT
FIRST YEAR MAINTENANCE TOTAL 0.00
FIRST YEAR SUBSCRIPTION TOTAL 0.00
Quote #: Q-75336
Primary Quoted Solution: PSJ Enterprise
Quote expires on: December 29, 2021
Quote prepared for:
Donna Aggers
Vernon Police Department
4305 S. Santa Fe Avenue
Vernon, CA 90058
323) 583-8811
MORE INFORMATION AT CENTRALSQUARE. COM
Quote prepared on:
December 06, 2021
Quote prepared by:
Catherine Chang
cat.chang@centralsquare. com
The amount totals for Maintenance and/or Subscription on this quote include only the first year of software use and maintenance. Renewal invoices will include this total plus any applicable uplift amount as outlined in the relevant purchase agreement.
BILLING INFORMATION
Fees will be payable within 30 days of invoicing.
Please note that the Unit Price shown above has been rounded to the nearest two decimal places for display purposes only.
The actual price may include as many as five decimal places. For example, an actual price of $21.37656 will be shown as a Unit Price of $21.38. The Total for this quote has been calculated using the actual prices for the product and/or service, rather than the Unit Price displayed above.
Prices shown do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an invoice.
For customers based in the United States or Canada, any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the "Ship To" location provided by Customer on the Quote Form.
PAYMENT TERMS
License Fees & Annual Subscriptions
100% Due Upon Contract Execution
Contract Startup
100% Due Upon Contract Execution
Hardware & Third-Party Software
100% Due Upon Contract Execution
Services
Fixed Fee: 100% Due Upon Completion
Time & Material: Due as Incurred
Services Bundle: Fixed Fee, 100% Due Upon Execution
Third-Party Services
Fixed Fee: 50% Due Upon Contract Execution; 50% Due Upon Completion Travel & Living Expenses
Due as Incurred
MORE INFORMATION AT CENTRALSQUARE. COM
Quote prepared on:
December 06, 2021
Quote prepared by:
Catherine Chang
cat.chang@centralsquare. com
PURCHASE ORDER INFORMATION
Is a Purchase Order (PO) required for the purchase or payment of the products on this Quote Form? (Customer to complete) Yes [ ] No [ ]
Customer’ s purchase order terms will be governed by the parties’ existing mutually executed agreement, or in the absence of such, are void and will have no legal effect.
PO Number:
Initials:
Vernon Police Department
Signature:
Name:
Date:
Title:
0,
1 2$ 3 4 5/
6 7 6
1 7% 8 2 4 9:/ 2
9:/, 5 2 9:/
3 3
4 5/ @
8 A
1 1
4 B
1 5
A
7% 3
9 7% 3 A
A
3 4 5/
7%
3 4 5/
ORDINANCE NO. 1276
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, ADDING CHAPTER 12.10 – SIDEWALK VENDING TO
TITLE 12 – STREETS, SIDEWALKS AND PUBLIC PLACES OF THE
VERNON MUNICIPAL CODE
SECTION 1. Recitals.
A. On September 17, 2018, Senate Bill No. 946 (SB 946) was signed into law, adding Sections 51036-51039 to the California Government Code.
B. SB 946 decriminalizes sidewalk vending and limits local regulations to those expressly provided for in the bill or are otherwise “ directly related to objective health, safety, or welfare concerns”.
C. SB 946 only applies to sidewalk vending in public rights-of-way, and private rightsof-way are still subject to private and local control.
D. The Vernon Municipal Code does not currently address or regulate sidewalk vending operations.
E. The City desires to adopt a sidewalk vending ordinance setting forth operational requirements for sidewalk vending within the City to ensure compliance with state law and to protect the health, safety, and welfare of the public.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct and are a substantial part of this Ordinance.
SECTION 3. The City Council hereby finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines Section 15061(b)(3), because there is no possibility that regulation of sidewalk vending will have a significant effect on the environment.
SECTION 4. The City Council hereby finds that this Ordinance is adopted consistent with the authority under SB 946 to regulate the time, place and manner of sidewalk vending operations in the City’s jurisdiction, in the interest of promoting public health, safety and welfare.
SECTION 5. The City Council further finds that such restrictions on street vending are necessary to:
1. Prevent interference with public safety personnel in the performance of their duties.
Ordinance No. 1276
2. Maintain unobstructed sidewalks, pathways, streets, alleys, etc., to allow pedestrians and vehicular traffic, including ingress and egress from any building, place or business, from street to sidewalk, or by persons exiting or entering parked or standing vehicles, particularly for individuals with disabilities.
3. Allow continued public access, use, and maintenance of public facilities, including but not limited to paths, sidewalks, traffic signs/signals, fire hydrants, and public transportation services.
4. Limit sidewalk vendors’ hours of operation within areas adjacent to residential zones and prohibit stationary sidewalk vending in areas zoned exclusively residential and adjacent to residential uses, to protect the safety of vendors and residents and to promote the welfare of residents by prohibiting commercial activities and associated noise and traffic during hours and in zones wherein residents can and should expect peace and quiet.
5. Prohibit the operation of any sidewalk vendor within 500 feet of schools to protect the health and safety of children, including but not limited to the danger that could be caused by sidewalk congestion when school children are arriving or leaving in large numbers.
6. To prevent food-borne illness and protect the health and safety of the public, every sidewalk vendor is required to adhere to the provisions of California Health and Safety Code, Division 104 (Environmental Health), Part 7 (California Retail Food Code).
7. Prevent sidewalk vendors from selling alcohol, cannabis, tobacco products, any product containing nicotine, adult-oriented materials, or any products used to smoke/vape cannabis or nicotine to protect the health and safety of the public to ensure that minors do not gain illegal access to these products.
8. Require sidewalk vendors to obtain insurance to protect the health and safety of the public and employees of sidewalk vendors, because insurance would help ensure a source of funding for bodily and property damage resulting from sidewalk vendors' activities. Further, compelling sidewalk vendors to provide liability insurance with the City named an as additional insured with respect to liability arising out of a vendor's use of City property is necessary to protect the City against claims for bodily injury and property damage arising during the vendors’ and patrons’ uses of City property for their commercial activity.
9. To protect the public’s health, safety, and welfare by ensuring that vendors on public property employ persons that do not pose a threat to customers and the general public. This chapter is adopted pursuant to the City’s police powers for the purpose of regulating vending on public property.
Ordinance No. 1276
As to all other regulations set forth in the Ordinance, they are directly related to objective health, safety, and welfare concerns, including but not limited to the health, safety and welfare of vendors, their prospective patrons, pedestrians, those protected by the Americans with Disabilities Act, those operating motor vehicles at intersections and in rights-of-way adjacent to sidewalks, and the public at large.
SECTION 6. Chapter 12.10 of Title 12, is hereby added to the Vernon Municipal Code, as follows:
Chapter 12.10 Sidewalk Vending
Sections.
12.10.010 Purpose.
12.10.020 Definitions.
12.10.030 Sidewalk vending permits.
12.10.040 General regulations.
12.10.050 Location-specific regulations.
12.10.060 Violation-Penalty.
12.10.070 Ability-to-pay determination.
12.10.080 Removal or disposal of seized property.
12.10.090 Revocation of permit.
Section 12.10.010. Purpose.
Sidewalk vending promotes entrepreneurship and can provide a vibrant street scene. The procedures and standards in this article are intended to provide an orderly framework allowing street vending while protecting the health and wellbeing of the public.
Section 12.10.020. Definitions.
As used in this article, the following meanings shall apply:
Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
Sidewalk vending receptacle" means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.
Sidewalk vendor" means a person who sells food or merchandise from a sidewalk vending receptacle, or from one's person, upon a public sidewalk or other pedestrian path.
Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.
Ordinance No. 1276
Section 12.10.030. Sidewalk vending permits.
a) Only sidewalk vendors with valid sidewalk vending permits issued by the Public Works Director may vend upon the city's public streets or rights-of-way. b) A sidewalk vending permit shall be valid for a period of one (1) year from the date of issuance, unless sooner revoked as set forth in this article. c) To apply for a sidewalk vending permit, the applicant must provide:
1. A completed application form containing:
i) Their name and mailing address;
ii) Description of the merchandise offered for sale or exchange; iii) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and any owners of the company, partnership, or corporation;
iv) Certification that the information is true to his or her knowledge and belief; and
v) Provide proof of liability insurance as required by, and in a form acceptable to, the Finance Department.
2. A copy of a California's driver's license or identification card, an individual taxpayer identification number, or a Social Security number. Such information is not a public record and will remain confidential as required by Government Code Section 51038(c)(4).
3. A copy of a valid California Department of Tax and Fee Administration seller's permit, as required.
4. A copy of a valid mobile food permit issued by the City of Vernon Health and Environmental Control Department, as required.
5. A statement indicating whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if roaming, the intended method and path of travel.
d) To ensure the safety of residents and the merchantability of products sold by vendors without a fixed place of business, the City requires all sidewalk vending applicants to undergo an annual fingerprinting background check and to submit the results to the City as an attachment to their application. Information related to an applicant’s Ordinance No. 1276
immigration status will not be used or disclosed by the City to any other governmental agency.
e) The sidewalk vending permit application shall require the applicant to agree, in writing, to comply with all the provisions of this article and all applicable provisions of the Vernon Municipal Code.
f) The Public Works Director shall deny the application on any of the following grounds:
1. The applicant does not submit one of more of the items required by the application form; and/or
2. The applicant for a Sidewalk Vendor Permit was convicted of any of the following crimes, or of an attempt or conspiracy to commit any of the following crimes, as defined in the California Penal Code, and such conviction indicates that the applicant may pose a danger to the public if granted a permit: murder, mayhem, kidnapping, robbery, assault with intent to commit a felony, assault, battery, rape, arson, burglary, possession of burglarious instruments or deadly weapons, or any crime for which the applicant is required to register as a sex offender pursuant to California Penal Code Section 290.
Section 12.10.040. General regulations.
a) To maintain accessibility standards for the disabled, every sidewalk vendor operating on any public street or right-of-way must ensure that no obstruction is placed in the public street or right-of-way that would reduce the width of the public street or rightof-way to less than forty-eight ( 48) inches, exclusive of the top of the curb. No obstruction shall be located in a public street or right-of-way less than six (6) feet in width when the sidewalk is adjacent to the curb.
b) To prevent food-borne illness and protect the health and safety of the City's residents, every sidewalk vendor selling any food or beverage is required to adhere to the provisions of California Health and Safety Code, Division 104 ( Environmental Health), Part 7 (California Retail Food Code).
c) A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public street or right-of-way.
d) No equipment or objects used for sidewalk vending purposes may be left unattended in public spaces or in any portion of the public street or right-of-way from 10:00 p.m. to 6:00 a.m. Any equipment or objects left overnight in public spaces or in any portion of the public street or right-of-way will be considered discarded and may be seized or disposed of by the City in accordance with this article.
Ordinance No. 1276
e) To facilitate the enforcement of this article, every sidewalk vendor must display their city-issued sidewalk vending permit on the street-side portion of their sidewalk vending receptacle when operating in the public street or right-of-way. f) To preserve accessibility to private and public facilities, a sidewalk vendor operating on any public street or right-of-way must ensure that no obstruction is placed impeding entry to and exit from a business or residence or access to a public facility. g) A sidewalk vendor shall not engage in the selling of alcohol, cannabis, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or cannabis, or adult-oriented material depicting, describing or relating to sexual activities.
h) A sidewalk vendor must carry a waste disposal bag or container to permit the disposal of trash, food, or liquids.
i) No sidewalk vending receptacle shall contain or use propane, natural gas, or other explosive or hazardous materials. A sidewalk vendor may not use an open flame on or within any sidewalk vending receptacle.
j) Sidewalk vending receptacles shall not touch, lean against, or be affixed at any time to any building or structure including, but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers.
k) The City Administrator or designee may adopt administrative regulations imposing additional requirements consistent with this article and all other applicable laws in order to regulate the time, place, and manner of vending.
Section 12.10.050. Location-specific regulations.
a) Sidewalk vending hours' limitations in areas zoned for nonresidential use will be as restrictive as any limitations on hours of operation imposed on other businesses or uses on the same street, excluding those permitted to operate twenty-four (24) hours. b) Sidewalk vending, within 500 feet of residential uses, is limited to the hours of 9:00 a.m. through 5:00 p.m.
c) Stationary sidewalk vendors are prohibited from operating within areas that are zoned exclusively residential and adjacent to residential uses. d) A sidewalk vendor is prohibited from operating within five hundred (500) feet of any area subject to a temporary use permit or a special event permit for the duration of the temporary use or special event permit.
Ordinance No. 1276
e) To limit traffic congestion and protect the safety of children traveling to and from and in and around schools from potential adverse safety impacts due, in part, to sidewalk congestion, no sidewalk vendor is permitted to operate within five hundred (500) feet of a public or private school.
f) To limit traffic congestion and protect the safety of transit riders from potential adverse safety impacts due, in part to sidewalk congestion, no sidewalk vendor is permitted to operate within five hundred feet of a transit stop.
Section 12.10.060. Violation-Penalty.
a) Any violation for failure to obtain a permit as mandated by this article is punishable by an administrative fine not to exceed:
1. A written warning for a first violation;
2. Two hundred fifty dollars ($250.00) for a second violation; or
3. Five hundred dollars ($500.00) for a third violation within one (1) year of the second violation; or
4. One thousand dollars ($1,000.00) for each additional violation within one (1) year of the second violation.
b) Any violation of any other provision of this article is punishable by an administrative fine not to exceed:
1. A written warning for a first violation;
2. One hundred dollars ($100.00) for a second violation; or
3. Two hundred dollars ($200.00) for a third violation within one (1) year of the second violation; or
4. Five hundred dollars ($500.00) for each additional violation within one (1) year of the second violation.
5. The Public Works Director may rescind a sidewalk vendor permit for the remaining term of the permit upon a fourth or subsequent violation of this article. c) Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. However, the City may levy a lien on the violator's real or personal property, including the receptacle used for vending purposes, in accordance with applicable law.
Ordinance No. 1276
d) An administrative violation under this section constitutes a separate and distinct violation for each day that it exists and each such violation may be subject to the maximum fine permitted under this section.
Section 12.10.070. Ability-to-pay determination.
a) Any fine issued under Section 12.10.050 will be accompanied with a notice of and instruction regarding the right to request an ability-to-pay determination. b) If the requestor is receiving public benefits under Government Code Section 68632, subdivision ( a), or has a monthly income which is one hundred twenty-five (125) percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the Public Works Director will limit the total amount of the requestor's administrative fine to twenty percent (20%) of the total.
Section 12.10.080. Removal or disposal of seized property.
The City may dispose of the sidewalk vending receptacle (including any associated merchandise, food, equipment, or objects) if not claimed within 30 days of removal by City, or if an administrative appeal is filed related to the removal, then after the final decision in the administrative appeal.
Section 12.10.090. Revocation of permit.
A sidewalk vending permit may be revoked pursuant to the revocation procedures, as applicable, set forth in Section 5.04.320 of this Code.
SECTION 7. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 8. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable.
SECTION 9. The City Clerk shall certify the adoption and publish this Ordinance as required by law.
Ordinance No. 1276
SECTION 10. This Ordinance shall become effective after the thirtieth day following its adoption.
APPROVED AND ADOPTED this __ day of _____, 2022.
MELISSA YBARRA, Mayor
ATTEST:
LISA POPE, City Clerk
seal)
APPROVED AS TO FORM:
ZAYNAH N. MOUSSA,
Interim City Attorney
IN SCALE FEET0
0 1 21 3 33
4/ 5
6 7
5 8
5/
9 4/ 5
5/ 5/ 9
5 5/
5 4/ 5
2@A 0 0
4/ A 1
1 3 @ 0 4/
B
Police Officer RecruitCadet Vernon CA 1 of 2
JOB DESCRIPTION
Police Officer RecruitCadet
Date Prepared:
Date Revised:
March 2014
January 2022
Job Class: 4035
SUMMARY: Under close supervision, attends a California Commission on Peace Officer Standards and Training (POST) basic training academy to obtain California Peace Officer Certification. This is the entry level non-sworn, non-peace officer, training position.
ESSENTIAL FUNCTIONS:-- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following:
x Attends classroom training sessions and takes notes required to obtain State Peace Officer Certification. x Completes written, oral and skills proficiency examinations for a wide variety of required Peace Officer skills and knowledge, and maintains required levels of proficiency. x Participates in physical conditioning training and testing, and maintains required levels of physical fitness. x Adheres to CA POST academy rules and regulations.
x Performs other related duties as assigned.
MINIMUM QUALIFICATIONS:
Education, Training and Experience Guidelines:
High School Diploma or GED equivalent. Must be at least 21 years old upon graduation from the academy, and per California Government Code Section 1031 and 1031.5 must be a United States citizen or a permanent resident who has applied for citizenship at least one (1) year before employment application.be a U.S. citizen. Must successfully pass a comprehensive background investigation including a polygraph, and meet the minimum POST standards for medical examinations and physical ability.
Upon successful completion of all required training, Police Officer Recruits will be eligible for consideration for appointment to a sworn Police Officer position.
Police Officer Recruits who do not successfully complete all required training will be automatically terminated from employment with the City without the right of appeal.
Knowledge of:
x City and Vernon Police Department (VPD) policies and procedures. x Safe work practices, occupational hazards and safety precautions.
Skill in:
x Maintaining academic and professional standards in accordance with VPD policies. x Following verbal and written instruction.
x Reading and understanding training materials and completing written, physical, and skills testing. x Learning and applying training materials and training instructions. x Communicating effectively verbally and in writing.
LICENSE AND CERTIFICATION REQUIREMENTS:
Police Officer RecruitCadet Vernon CA 2 of 2
A valid California State Driver’s License is required.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT:
Work is performed in a classroom environment, and in the field for training exercises; requires strenuous physical efforts and ability to meet physical standards of the CA POST Academy.
RESOLUTION NO. 2022-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
AMENDING EXHIBIT A OF THE CLASSIFICATION AND
COMPENSATION PLAN ADOPTED BY RESOLUTION NO. 2021-16 TO
REVISE A POSITION DESIGNATION AND ASSOCIATED SALARY
RANGE
SECTION 1. Recitals.
A. On June 1, 2021, the City Council adopted Resolution No. 2021-16, as amended by Resolution Nos. 2021-27, 2021-37, 2021-42, and 2021-44 adopting the Classification and Compensation Plan in accordance with Government Code Section 20636(b)(1).
B. Based on review of operational and staffing needs, retitling, and revising the existing job description and associated salary range for Police Cadet to Police Officer Recruit are necessary in the Police Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct.
SECTION 3. The Classification and Compensation Plan adopted by Resolution No. 2021-16, as amended by Resolution Nos. 2021-27, 2021-37, 2021-42, and 2021-44, is hereby amended to retitle and revise the existing job description and associated salary range for Police Cadet to Police Officer Recruit, as shown in Exhibit A of this Resolution and referred to as Exhibit A of the City’s Classification and Compensation Plan.
Resolution No. 2022-02
SECTION 4. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
APPROVED AND ADOPTED this 1st day of February, 2022.
MELISSAYBARRA, Mayor
ATTEST:
LISA POPE, City Clerk
seal)
APPROVED AS TO FORM:
ZAYNAH N. MOUSSA,
Interim City Attorney
City of Vernon
Classification and Compensation Plan
Management, Confidential, Executive, Elected Officials, and Unclassified Exhibit A
Fiscal Year: 2021-2022
Effective February 1, 2022
CLASS
CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA
EMPLOYEE
GROUP
PAY
GRADE
a}
ANNUAL
a}
MONTHLY HOURLY PAY PERIOD
POLICE DEPARTMENT
4035 Police Cadet NE 3180
Step 1 38,892$ 3,241$ 18.6981$ 1,495. 85$
Step 2 36,864$ 3,072$ 17.7231$ 1,417. 85$
Step 3 34,944$ 2,912$ 16.8000$ 1,344. 00$
Step 4 33,120$ 2,760$ 15.9231$ 1,273. 85$
Step 5 31,380$ 2,615$ 15.0865$ 1,206. 92$
Step 6 29,760$ 2,480$ 14.3077$ 1,144. 62$
Step 7 28,212$ 2,351$ 13.5635$ 1,085. 08$
Step 8 26,736$ 2,228$ 12.8538$ 1,028. 31$
4035 Police Officer Recruit NE U 20
Step 1 64,771$ 5,398$ 31.1399$ 2,491.19$
Step 2 68,010$ 5,667$ 32.6969$ 2,615. 75$
Step 3 71,410$ 5,951$ 34.3317$ 2,746. 54$
Step 4 74,980$ 6,248$ 36.0483$ 2,883. 86$
Step 5 78,729$ 6,561$ 37.8507$ 3,028. 06$
Footnote:
a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes.
Resolution No. 2022-02
0 1
0 2
3 1
1 45
5 6(7 8/89
7 9=78 6(
0 @
A
June 2020
AT-WILL EMPLOYMENT AGREEMENT ( NON-SAFETY)
BETWEEN THE CITY OF VERNON AND
ANGELA P. KIMMEY
This Agreement is between the City of Vernon (“City”) and Angela P. Kimmey Employee”).
Recitals
City desires to employ Employee as an at-will employee in the position of Deputy City Administrator. Employee desires to be the Deputy City Administrator and acknowledges that such employment is at-will.
The City Administrator, pursuant to the authority granted by the City of Vernon Charter and City Council, agrees to hire Employee, as an at-will employee, subject to the terms and conditions identified below.
AGREEMENT
Section 1: TERM
The effective date of this Agreement shall be January 31,2022. Either party may terminate this Agreement pursuant to the provisions set forth below. Employee is an at-will employee and may be terminated, with or without cause, upon thirty (30) days written notice.
Employee may resign with thirty (30) days advance notice as set forth in Section 8 below.
Section 2: DUTIES
A. City engages Employee as the Deputy City Administrator to perform the functions and duties specified in the job description for the position (Attachment “A”, incorporated herein by this reference), as the same may be modified by the City Administrator, from time to time, and to perform such other legally permissible and proper duties and functions as the City Administrator shall, from time to time, assign.
B. Employee agrees that to the best of her ability and experience that she will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States.
C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Administrator, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement.
D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver’s license.
E. Employee acknowledges that in connection with the performance of her duties, she will obtain information from City employees and third parties that is of a confidential nature.
Employee agrees that she will not disclose such confidential information other than to officers 2-
June 2020
and employees of the City who have been authorized to have access to such information.
Employee further agrees that if she has a question as to the confidentiality of information obtained in the course of her employment, she will contact the City Attorney for advice.
Section 3: EXCLUSIVE EMPLOYMENT
Employee agrees to focus her professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Administrator. This does not preclude Employee from volunteering her services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement.
Section 4: COMPENSATION
As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $171,856, per year, payable in twenty-six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. Salary adjustments (merit increases), if any, in Employee’s salary during the term of this Agreement shall be at the sole discretion of the City Administrator based upon the City Administrator’s evaluation of Employee’s job performance and within the base salary range established by the City Council or as otherwise approved by the City Council. Any and all adjustments shall be in accordance with City personnel policies and procedures.
Employee’s salary shall be reflected in the City’s publicly available salary schedule.
Section 5: BENEFITS
A. Retirement
As an employee of the City of Vernon, Employee will be enrolled in the California Public Employees Retirement System (PERS) retirement plan, as such plan may be amended by the City Council. As of the date of this employment agreement, such plan includes the 2.7% at 55 benefit formula for “classic” miscellaneous employees or the 2.0% at 62 benefit formula for new/PEPRA” miscellaneous employees. The Employee pays for the employee contribution to PERS.
B. Other Executive Management Benefits
Employee shall receive all benefits specified by the then current Resolutions of the City Council of Vernon for Executive Management Staff, including, without limitation, those related to Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental Insurance, Life Insurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation, and other types of leave in accordance with the Personnel Policies and Procedures Manual.
Section 6: TERMINATION AND SEVERANCE PAY
A. Employee is an at-will employee and serves at the will and pleasure of the City Administrator and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section.
3-
June 2020
B. In the event that Employee is terminated by the City Administrator for reasons other than physical or mental incapacity, and other than those reasons noted in paragraph E, below, the City agrees to pay the employee a severance amount equal to six (6) months of base salary.
C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of her obligations under this Agreement and shall sign a severance agreement and release of all claims against the City.
D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the severance agreement and release of claims against the City.
E. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to insubordination, incapacity, dereliction of duty, violation of the City’s Alcohol and Drug-Free Workplace Policy III-1, conviction of a crime involving moral turpitude or involving personal gain to her or abuse of her office or position or any felony or for a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of her office or position.
F. Upon termination, Employee shall be paid for all earned, but unused, vacation time.
Section 7: ABUSE OF OFFICE OR POSITION
If Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of her office or position.
If Employee is provided funds for any legal criminal defense during her employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of her office or position.
If this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of her office or position.
Section 8: RESIGNATION / RETIREMENT
Employee may resign at any time. Employee may retire, provided she is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of her resignation or retirement.
In the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 6, paragraph B, above.
Section 9: DISABILITY
If Employee is permanently disabled or otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City’s option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations 4-
June 2020
as required by law. Nothing in this Section shall be construed to limit or restrict Employee’s benefits or rights under workers’ compensation or the PERS.
However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 of this Agreement.
In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave.
Section 10: GENERAL PROVISIONS
A. Notice
Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows:
TO CITY: City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
TO EMPLOYEE: Angela P. Kimmey
Deliver to last updated address in personnel file]
B Entire Agreement
The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications, understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Administrator and approved as to form by the City Attorney.
C Assignment
This Agreement is not assignable by either the City or Employee.
D Severability
In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement.
E. Effect of Waiver
The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times.
5-
June 2020
F. Jurisdiction
Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County.
G. Effective Date
This Agreement shall take effect on January 31, 2022.
Signatures Begin on Next Page].
6-
June 2020
IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its City Administrator, and executed by the Employee.
City of Vernon, a California charter City and
California municipal corporation
Dated: By:
Carlos R. Fandino Jr., City Administrator
ATTEST:
Lisa Pope, City Clerk
Approved as to form:
Zaynah N. Moussa,
Interim City Attorney
7-
June 2020
In signing this Agreement, Employee understands and agrees that her employment status is that of an at-will employee and that her rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that she was given the opportunity to consult with an attorney prior to signing this Agreement.
Signed:
Dated:
Employee
8-
June 2020
ATTACHMENT A
Job Description
JOB DESCRIPTION
Deputy City Administrator
Date Prepared: March 2014 Class Code: 1015
SUMMARY: Under limited supervision, administers, advises, and manages City departments, programs, and special projects, as assigned by the City Administrator; manages strategic planning, policy development, public relations, priorities, and departmental and inter-department operations.
ESSENTIAL FUNCTIONS:-- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following:
x On a day-to-day basis, relieves the City Administrator of routine administrative tasks. x Manages and evaluates City operations and programs, as assigned by the City Administrator; directly manages assigned programs and special projects.
x Investigates and evaluates departmental and inter-department operational issues, and develops solutions to complex problems in consultation with the City Administrator, executive staff, and department heads. x Assist the City Administrator in developing long and short-range plans, goals, and policy recommendations; exercises independent judgment within broad policy guidelines; encourages new ideas, interactive dialogue, and collaborative approaches to solving problems. x Meets regularly with City management staff to discuss and resolve assignments, priorities, workload, staffing, budgets, technical issues, quality standards, and services; motivates and evaluates staff, and provides leadership, direction, and guidance in operational plans and priorities; assures all operational activities are in compliance with City policies and procedures, and state and federal regulations. x Monitors City operations, analyzes operational information, evaluates trends, and develops plans to meet City goals and future needs; presents status reports to City Council, and assures effective communication of operational and technical issues; assures all operational, legal, technical, and financial issues are properly addressed and resolved.
x Manages public relations and official communications. x Attends and coordinates City Council meetings and work sessions, and researches issues for the City Administrator, Mayor, and City Council; assures effective communication of major project and policy issues.
x Develops and presents status and summary reports; reviews and approves City staff reports, x Attends and coordinates internal and external stakeholder meetings; manages public information and community relations activities; meets with City committees, commissions, and residents to discuss and resolve issues; coordinates projects and regional issues with local officials, agencies, community organizations, and advocates.
x Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of workrelated issues and City information; performs other duties as required or assigned.
Deputy City Administrator Vernon CA 1 of 2
MINIMUM QUALIFICATIONS:
Education, Training and Experience Guidelines:
Bachelor’s Degree in Finance, Business, Public Administration or related field; AND five years of experience managing government programs.
Knowledge of:
x City organization, operations, policies, and procedures. x Federal and state laws and regulations governing municipalities, and City rules and ordinances. x Duties, powers, authorities, and limitations of a City Administrator. x Principles and practices of local government administrative management, including personnel rules, procurement, finance, budgeting, contract and risk management, performance management, and evaluation of public sector programs, policies, and operations. x Strategic planning techniques for the economic, financial, and environmental needs of the City. x Legal, ethical, and professional rules of conduct for municipal government officers. x Current political and economic trends in state and federal government. x Techniques and practices for efficient and cost effective management of resources. x Business computers, and standard and specialized software applications.
Skill in:
x Analyzing complex administrative and operational issues, interpreting laws and regulations, evaluating alternatives, and developing recommendations, strategies, and operational improvements. x Analyzing City needs, and prioritizing and promoting operational strategies to meet future needs. x Preparing, tracking, and administering budgets.
x Interpreting and applying municipal policies and procedures. x Presenting and defending operational reports and information in public meetings. x Analyzing problems, resolving disputes and conflicts, and developing effective solutions. x Using initiative and independent judgment within established procedural guidelines. x Assessing and prioritizing multiple tasks, projects and demands. x Establishing and maintaining cooperative working relationships with City employees, elected officials, community groups, advocates, and representatives from other local, state, and federal agencies. x Communicating effectively verbally and in writing.
LICENSE AND CERTIFICATION REQUIREMENTS:
A valid California State Driver’s License may be required.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT:
Work is performed in a standard office environment.
Deputy City Administrator Vernon CA 2 of 2