Vernon City Council
December 6, 2022

Services Agreement with Sespe Consulting, Inc.

EXHIBIT C

EQUAL EMPLOYMENT OPPORTUNITY

PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities.

B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.

C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class.

D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law.

City Council Agenda Item Report
Submitted by: Brittany Rodriguez
Submitting Department: City Administration
Meeting Date: December 6, 2022

SUBJECT
Verizon Communications Service Connection Type Change
Recommendation:

Approve and authorize the City Administrator to execute Verizon’s Scope of Work for the transition to its 10 Mbps service for an amount not-to-exceed $26,501.40 for a three-year period.

Background:

The City currently utilizes Verizon’s Multiprotocol Label Switching (MPLS) service for various communication needs, including for the Vernon Police Department dispatch. The City's current service with Verizon is available through a 1.5 Mbps circuit, however, Verizon has informed the City’s Information Technology (IT) Division that the 1.5 Mbps circuit will no longer be available as of January 2023. To prevent a disruption in service, the City’s connection will need to migrate to Verizon’s 10 Mbps service. Accordingly, the IT Division requests approval to migrate the current communication circuit of 1.5 Mbps to Verizon’s 10 Mbps Ethernet line.

The transition will provide the Vernon Police Department (VPD) the continued ability to connect their VPD vehicle modems to the VPD internal network. This connectivity is essential, as it allows officers to receive critical information regarding emergency calls and enables their communication with dispatch.

In order for Verizon to process the required transition of the communication circuit to 10 Mbps service, Verizon requires that the City sign an associated Individual Case Basis (ICB) MLPS Scope of Work (Attachment 1). This will allow the City to pay competitive rates available under the State of California’s CALNET 3 contract with Verizon. CALNET 3 is a competitively bid contract that provides a comprehensive array of telecommunications and network services to public entities throughout the State. In accordance with Section 3.32.110(A)(5)(B) of the Vernon Municipal Code (VMC), the proposed scope of work is exempt from competitive bidding and selection, as services would be purchased from Verizon at the same prices, term and conditions as in previous award from another public agency by competitive bid, namely the State's CALNET 3 Contract. As noted in the pricing sheet (Attachment 2), monthly fees for the new Mbps service will be $736.15 and will total $26,501.40 for a three-year period.

Pursuant to VMC Section 3.32.030(B), City Council approval is required if, in the 12 months preceding the effective date of a proposed new, renewed or otherwise amended contract, the City has paid or awarded the proposed vendor more than $100,000 pursuant to contract(s) with the vendor. In the past twelve months, payments to Verizon have exceeded the aforementioned threshold and, therefore, staff is requesting City Council approval of the new scope of work.

The proposed agreement has been reviewed and approved as to form by the City Attorney's Office.

Fiscal Impact:

Sufficient funds for the 10 Mbps Service are available in the General Fund, Information Technology Department Account No. 011.9019.560000 in Fiscal Year 2022-23 and will be budgeted in subsequent Fiscal Years.

Attachments:

1. Verizon's 10 Mbps Scope of Work

2. MPLS Transport Service Pricing Sheet
Verizon Business Group
295 Parkshore Drive
Folsom, CA 95630
Phone 916-779-5686
Fax 916-779-1350
June 13, 2022
Mr. Ernesto Smith
IT Manager
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Dear Mr. Smith:

Subject:CALNET 3, IFB STPD 12-001-A, Request for Individual Case Basis (ICB) for City of Vernon for Approval
In accordance with IFB STPD 12-001-A, Statement of Work, Appendix C, Section P and Business Requirements, Managed Project Work, Section A.6.2., Verizon requests ICB approval for City of Vernon. The ICB approval request is for 1.2.2.8.7 MPLS Port, Access and Router Bundled Ethernet Off-Net Transport Speeds section.

Scope of Work:

The City of Vernon is requesting to purchase services using the ICB approval process for services to be provided on CALNET 3, 1.2.2.8.7, MPLS Port, Access and Router Bundled Ethernet Off-Net Transport Speeds, MPLS port, access and router Ethernet off-net Transport service at minimum line rate of 10 Mbps, MOFT0010, of the CALNET 3, IFB STPD 12-001-A contract. Verizon will deliver 10 Mbps PIP Bundle. Verizon will install services to the point of demarcation.

The price and cost element details are indicated in the cost and description section. The referenced product identifier, MOFT0010, indicated in the cost and description section is presently in IFB STPD 12-001-A, SOW Catalog B, as an orderable item, requiring an ICB. This type of service is provided to customers requiring MPLS Port, Access and Router Bundled Off-Net Transport Speeds at different rates.

The project will start after receipt of this fully executed ICB.

Mr. Ernesto Smith
City of Vernon
June 13, 2022

Cost and Description:

Below are the cost and description of 10 Mbps Transport service being used in this document.

Under CALNET 3, IFB 12-001-A, Verizon’s private MPLS Bundled service provides an alternative to traditional voice, video, and data services. The monthly recurring charge (MRC) includes the router and management of router, access, MPLS port and full port logical path through the network.

The identification of the 10 Mbps service under the CALNET 3, IFB 12-001-A contract is as follows:

Requested ICB Services:

Product Name: 1.2.2.8.7 MPLS Port, Access and Router Bundled Ethernet Off-Net Transport Speeds
Feature Name: MPLS port, access and router Ethernet off-net Transport service at minimum line rate of 10 Mbps
Product ID: MOFT0010
Delegation Required: Yes
Required Service: Yes
Unit of Measure: Circuit
Offer Number from Statement of Work (If Applicable):

This bundled solution is for the location(s) identified below:

Location(s) CALNET 3
Product ID

CALNET DNCS,
Category 20
Product ID
NRC Price
Per Circuit
MRC Price
Per Circuit
4305 Santa Fe Avenue
Vernon, CA 90058
MOFT0010 MTAL0010 $0.00 $580.25
Pricing does not include taxes and surcharges.

The bundled NRC price mentioned above includes:
• Access (Off-Net Type 4) – $0.00
• 10 Mbps Port - $0.00
• Full Management of router $0.00
• Router equipment - $0.00
Mr. Ernesto Smith
City of Vernon
June 13, 2022

The bundled MRC price mentioned above includes:
• Access (Off-Net Type 4) – $295.23
• 10 Mbps Port - $155.90
• Full Management for router - $71.49
• Router equipment and maintenance - $57.63
The Administrative Fee is included.

The project will be managed by Verizon’s implementation management team.

Verizon is requesting approval of this ICB for the identified services.

If there are any questions, please let us know.

Sincerely,
Contract Management
Verizon
Anthony Recine
06/16/2022
Mr. Ernesto Smith
City of Vernon
June 13, 2022

Concurrence: Concurrence:

MCI Communications Services, LLC City of Vernon
dba Verizon Business Services

By: _______________________________ By: __________________________________ Print Name: ________________________ Print Name: _________________________ Title: _____________________________ Title: ________________________________ Date Signed: _______________________ Date Signed: _________________________ 06/16/2022 SVP
Anthony Recine
City of Vernon
4305 SANTA FE AVE. VERNON, CA 90058
Private IP Solution:

Special Calnet 3 - ICB / IPRN pricing
Qty Unit Price MRC Unit Price NRC Feat. ID

1.2.2.8.7 MPLS Port, Access and Router Bundled Ethernet Off-Net Transport Speeds, Transport port, access and router bundled service at minimum line rate of 10 Mbps
1 $580.25 $580.25 $350.00 $350.00 MOFT0010

1.2.2.8.1 MPLS Port Transport, MPLS Transport Ethernet Port service at minimum line rate of 10 Mbps 1 $155.90 $155.90 $0.00 $0.00 PIET0010

1.2.2.8.1 MPLS Port Transport, MPLS Transport Port service at minimum line rate of 10 Mbps (Back up port) 1 $0.00 $ - $0.00 $0.00 PIET0010 Total $736.15 $350.00
Total Price MRC: $736.15 NRC: Waived
Pricing is based upon Special CalnetNG Rates ICB / IPR for Private IP MPLS Transport service on Calnet 3. Service delivery and pricing is pending local access facilities availability. Pricing includes Calnet .025% Admin fee but does not include taxes and other surcharges.

November 2, 2022
MRC=Montly Recurring Charge NRC=Non Recurring Charge
CALNET 3 Private IP MPLS Transport Service
For Further Information Contact:

Michael L Wright Jr
404-938-7272
[email protected]
https://www.verizon.com/business/solutions/public-sector/state-local-government/contracts/california/ca-wireline-contract/ City Council Agenda Item Report
Submitted by: Nicholas Perez
Submitting Department: Police Department
Meeting Date: December 6, 2022

SUBJECT
Purchase Order with D&R Office Works, Inc.

Recommendation:

Approve the issuance of a Purchase Order to D&R Office Works, Inc. for the purchase, delivery and installation of office furniture for the Vernon Police Department report writing room and Records Division, in an amount not-to-exceed $78,238.75.

Background:

Vernon Police Department (VPD) staff has engaged D&R Office Works, Inc. (D&R) to explore furnishing existing offices in the VPD report writing room and Records Division, and the installation of ancillary cabinets and two (2) conference tables. The plan for the report writing room includes four (4) workspaces and storage cabinets; and the plan for the Records Division provides for eight (8) workspaces, including a break room, and cabinetry in the designated storage areas. Neither of the two office spaces have been refurnished in nearly 20 years. In May 2022, the VPD remodeled the Sergeant's office, Detective Bureau, and a shared conference room. The proposed plan will also augment the May remodel, as it includes additional storage cabinets for the Sergeant's office, a conference table for the Detective Bureau, and a conference table for the PD's shared conference room. D&R anticipates a 6-8 week window to deliver and install the new furniture.

As a registered participant of the OMNIA Partners, a cooperative purchasing organization, D&R is exempt from competitive bidding and competitive selection pursuant to Vernon Municipal Code (VMC) Section 3.32.110(A)(5) and (B)(1) which states, in part, that contracts for supplies, equipment or services can be purchased in cooperation with other public agencies or associations through a negotiated process when it is in the opinion of the Finance Director it is to the advantage of the City to do so. The Finance Director concurs it is advantageous for the City to move forward with the the proposed purchase from D&R.

Per VMC Section 3.32.110(B)(3), City Council approval is required if, in the twelve (12) months preceding the effective date of a proposed new, renewed, or otherwise amended contract, the City has paid or awarded the vendor more than $100,000. Within the past twelve (12) months, the City has paid or awarded D&R a total of approximately $136,713.89 in contracts.

Fiscal Impact:

The fiscal impact is estimated at $78,238.75. Sufficient funds to cover the costs of the purchase, delivery and installation of the furniture are available in the General Fund, Police Department, Capital Equipment Account No. 011.1031.850000 in the amount of $60,000 for the current fiscal year. The remaining funds in the amount of $18,238.75 will be charged to the VPD's Federal Asset Forfeiture Fund, Capital Equipment Account No. 011.4031.850000.

Attachments:

1. D&R Office, Inc. Proposal
9956 Bald*in Place, El Mont€, CA 91?31
626.454..1660 . DandROfficeWorks.com

PROPOSAL
SHIP TO:

Date:

Valid Unlill
Quole No.:
sales Repi
1U1612022
12t20t2022
2043-R6

KAREN BRAUN
BILL TO:

City of Vernon

ACCTS PAY
4305 Santa Fe A,,/e
Vemon CA
CITY OF VERNON .PD.RECORDS-REPORT WRITE-SGT

LT NICK PEREZ
4305 SANTA FE AVE
VERNON CA SOO58
323-583-88'11 x116
90058
LEAD TIME . 6.8 WEEKS, PRICES SUBJECT TO CHANGE AFTER DEC 20.2022 1 $0.00 $0.00 ,|
Sub Total: $0.00
22 $165.00 $330.00
HON HF23C
Lock Core Replacement Kit Brushed Chrome
32 $33.43 $66.86
HON HFSC183640A
Flagship Stg Cab 39 1/8Hx36Wx18D A Pulls-2 Adj Shlf
42 $750.00 $1,500.00

HGROM I BLANK
BI.ANK G1 CUTOUT INSERT
52 $79.03 $158.06
HTG,IPWR-3P-1B
MHOB G1 POPUP PORT-3AC PWR.I BTANK-1o CORD
62 $205.38 $410.76
HTTLEG,I2O
HTTLEGl2O
7'l $460.26 $460.26
HON HTLB5412O
Preside 120W x 54D Boat Shaped Laminate Top
81 $7 11 .24 $7 11 .24
Sub Totat $3,637.18

Item Qty. Product unlt Extend.d

CONF RM
Item Qty. Product Unlt Extended
HON HSISLAUTNPNB36I SSl
lslds Top '18Ox36W Span 1 FLORENCE WALNUT
coPY ROOill
MVD MCCFOHD3O
Wall Mount Cabinet Two Hinged Doors, with Fascia 14 3l4x30x18 112 92 s522.4a $1.044.96
MVD MCCFOHD36
Wall Mount Cabinet Two Hinged Doors, with Fascia 14 3/4x36x18 1/2 't0 2 $534.67 $1,069.34
MVD i,CHDBC2460
Butfett Credenza W 4 Box Drawers, 4 Full Hinged Doors, 24x6Ox36H - Standard Modesty Panel
't1 1 $1,530.48 $1,530.48
Buffett Credenza 4 Box Drawers,4 Full Hinged Doors,24x7436H - Standard Modesty Panel
MCHDBC2472 $1,550.23 $1,550.23
Sub Total $5,195.0'l
HTG,IPWR.3P-,IB
MHOB G1 POPUP PORT.3AC PWR.1 BLANK-10 CORD
13 1 $205.38 $205.38
HON HT29FB4896
Presade 29.5H Footed Base for 42 and 48x96 Top
14 1 $531.52 S531.52
HON HTLB4896
Presade 96W x 48D Boat Shaped Laminate Top
't5 I $459.39 $4s9.39
Sub Totat $'1,196.29
MVD MCCFOHD3O
Wall Mount Cabinet Two Hinged Doors, with Fascia 14 3/4x30x18112 16 2 ss22.48 $1,044.96
Buffett Credenza 4 Box Drawers,4 Full Hinged Doors,2Ox5Ox36H - Standard Modesty Panel
17 't MVD MCHDBC206O $'t,476.31 $1,476.31
925 1060-GT-CF-US
Kelley - Stacking Chai( Armless, Upholstered Seat
18 2 $109.44 $218.88
Sub Totat $2,740.15
19 1 HECSL $6.18 $6.18

Itom Qty. Product Unit Extended
12 I MVD

DET BUREAU
Item Qty. Product Unlt Extendod

KITCHEN
Item Qty" Product Unit Extendod

RECORDS
Itom Qty, Produc{ Unil Extended

L CONNECTOR STRAP
202 HECST $8.66 $17.32

T CONNECTOR STRAP
21 2 HECSX $10.21 $20.42

X CONNECTOR STRAP
H H870960
TASKLIGHT 6OW
222 $102.97 $205.94
HH871236A
ELECTRICAL POWER HARNESS 36W 3.3.2 SYSTEM
23 18 $78.24 $1,408.32
HH87l9l2A
CEILING IN-FEED CABLE 144IN LONG
$90.91 $181 242 .82
HF23C

LOCK CORE REPLACEMENT KIT BRUSHED CHROME
254 $18.55 $7 4.20
HF23C

LOCK CORE REPLACEMENT KIT BRUSHED CHROME
26 20 $'18.55 $371.00
HH871501A
DUPLEX RECEPTACLE CIRCUIT 1 3-3-2 SYSTEM
278 $16.70 $133.60
HH87l502A
DUPLEX RECEPTACLE CIRCUIT 2 3.3.2 SYSTEM
28 12 $16.70 $200.40
HHN831.t18
FLAT BRACKET 18D
292 $24.43 $48.86
HLSLZsSC54
42W EXTERNAL STIFFENER
30 1 $57.46 $57.46

HSCKTPS

STRAIGHT CONNECTOR KIT
31 12 $8.04 $96.48
HTWTH
ACC HRZTL WALL TRACK FOR OH STORAGE-6OW
322 $33.09 $66.18

H386s66N
STACK.ON FULL CLEARANCE 13 1/2DX66WX34 3/4X25H
34 1 $608.61 $508.61
H386572N
STACK-ON FULL CLEARANCE 13 1I2DX72WX34 3I4X25H
35 1 $640.93 $640.93
HCTL,I81L
LEFT.HAND CANTILEVER ,18 IN D
36 1 $13.92 $'13.92
HCTL181R
RIGHT.HAND CANTILEVER 18 IN D
372 $13.92 $27 .84
386 $32.47 $194.82
HEC42PTN

42.5H T CONNECTOR POST
392 $41.13 $82.26
HEC42PXN
42,5H X CONNECTOR POST
402 $38.96 $77.92
HEC6SPLN
65H L CONNECTOR POST
41 1 $55.66 $55.66
HECPP
POWER POLE WO RECEPTACLES 5FT 5H 2IN X 2IN
422 $105.'13 $210.26
HEFEC42P
PANEL FINISHED END COVERS 42,5H
438 $21.03 $168.24
HEFEC65P
PANEL FINISHED END COVERS 65H
44 1 $25.36 $25.36
45 1 HETC2O $14.84 $'14.84
PANEL TOP CAP 2OW
338 ESI EDGE2
Edge Series Dual Monitor Arm w desk clamp & grommet mount (weight capacity 6.5 -

17.6lbs per arm)
$456.53 $3,652.24
46 23 HETC36 $22.88 $526.24

HCTL242
24D CANTILEVER ONE PAIR
PANEL TOP CAP 36W

HEWSGSP
WALL STARTER KIT FOR PANELS 65H
47 1 $41.13 $41.13
HLSL4O28LM
4OW X 28H FULL LENGTH LAMINATE MODESTY PANEL
$183.58 $367.16
HNPMBSW36
36W PAPER I\iIANAGEMENT TOOL RAIL
496 $82.57 $495.42
HOLEG,I2
12 IN D OPEN LEG
504 $56.28 $225.12
HOLEG24
29 1/2HX24D OPEN LEG
51 2 $78.54 $157.08

PAPER SHELF
526 $41.43 $248.58
HPPMST

SORTER TRAY
536 $56.28 $337.68
HRVCLG24
ABOUND 29H X 24DABOUND UNIVERSAL SUPPORT LEG
54 1 $75.45 $75.45
H15923A
FTAGSHIP B/F MOBILE PED 22H X15W X 22-TIEOIAPULL
556 $222.33 $1.333.98
H19823A

FLAGSHIP SERIES PEDESTALA PULL FREESTANDING F/F
566 $282.32 $1,693.92
H386615
38OOO 2 WITH 33W X 15H FLIPPER DOORS W LOCK
57 I $369.47 $369.47
H3872'15
38OOO 2 WITH 36W X 1 5H FLIPPER DOORS W/ LOCK
58 1 $378.20 $378.20
H91834
FLAGSHIP 36W 3-DRW A PULL LATERAL 36W 39-1/8H 18D
$784.18 $1,568.36
482
HPPMPS
592

608 H9 t93A
FLAGSHIP 42W 3-DRW A PULL LATERAL 42W 39-1/8H 18D
$908.80 $7.270.40
$88'1.25 $7 0s0.00
61 5 HFCG6 $403.88 $2,019.40

FLOCK CASUAL GUEST
HMBTLEG24
HUDDLE FIXED HEIGHTT.LEG BAS FOR24INTOPS
62 1 $245.33 $245.33
HON HWR2484P
24"D x 84"W Rectangular WS - Edgeband
63 4 $288.27 $'1,153.08
HWRI872PN
SYSTEMS RECTANGLE WORKSURFACE 18DX72W EDGEBAND NO GROII 64 1 $175.63 $175.63
$1'16.58 $116.58
HMT3048E
HUDDLE 30X48 TABLE TOP WT.MOLD
$211.03 $2'r1.03
HWR1872P
SYSTEMS RECTANGLE WORKSURFACE 18D X 72W EDGEBAND
67 1 $175.63 $175.63
HWR2436P
SYSTEMS RECTANGUTAR WORKSURFACE EDGEBAND 24D X 36W
687 $131.72 $922.04
HWR2466P
SYSTEMS RECTANGULAR WORKSURFACE EDGEBAND 24D X 66W
69 1 $194.80 $194.80
HWVg3AALP
SYSTEMS 72X36X24X24LEFT CORNER COVE WKSFC EDGEBD
704 $253.55 $1,0'14.20
HWVg3AARP
SYSTEIV]S 72X36X24X24RT CORNER COVE WKSFC EDGEBD
$253.55 $760.65
HWVgsABLP
SYSTEMS 72X48X24X30LEFT CORNER COVE WKSFC EDGEBD
72 1 $325.29 $325.29
73 8 HON HHATM3S3LT

HWR2424PN
SYSTEMS RECTANULAR WKSFC EDGEBAND 24D X 24W NO GROM
65 1
66 1
71 3
Max3Stage3LegTFoot
HETP4236FP
TACKABLE PANEL W/O TC 42,5H X 36W
74 22 $129.57 $2,850.54
HETP652OFP
TACKABLE PANEL W/O TC 65H X 2OW
75 1 $136.05 $136.05
HETP6536FP
TACKABLE PANEL W/O TC 65H X 36W
762 $159.25 $318.50
HT66ND
66 TACK BOARD FOR 66W HUTCH
77 ',l $344.33 $344.33
HT72ND
72 TACK BOARD FOR 72W HUTCH
78 1 $358.18 $3s8.18
CONTAIN 28HX3OV\TX180 BOX/BOX/FILE PERSONAL FILE PLINTH METAL FRONTS
792 HSFCP2S3OISBBFM $781.58 $1,563.'16
sub Tot t $43,683.69
HF23C

LOCK CORE REPLACEMENT KIT BRUSHED CHROME
803 $18.55 $55.65
HTWTH
ACC HRZTL WALL TRACK FOR OH STORAGE-6OW
81 3 $33.09 $99.27
ESI EDGE.WALL
Edge Series Wall Mouni Single Monitor Arm
824 $242.67 $970.68
HLSL2428O
24D X 28H O-LEG SUPPORT FOR WKSF (SINGLE LEG)
832 $191.05 $382.10
HLSL2428SL
24DX28H SHARED O-LEG SUP FOR WKSF (SINGLE LEG)
843 $237.29 $711.87
HON H91834
Flagship 36W 3-Drw'A" Pull Lateral 36W 39-1/8H '18D
$558.43 $1,'116.86

REPORT WRITING
Item Q9. Product Unit Extended
852
86 1 HON HFSC1836/I0A
Flagship Stg Cab 39 'l18Hx36Wx18D A Pulls-2 Adj Shlf
Delivery and lnstallation
$410.01 $410.01
$6,258.07 $6.258.07
$7,273.90 $7,273.90
HON HLSL36TW
WM Tackboard for 35W WM Overhead
872 $95.86 $191.72
HON HLSLT2TW
Tackboard for 72" W Wallmount Tackboard
88 1 $147.80 $147.80
HON HRVOH36F]U
Abound Overhead-Metal Flipper Door 36"
893 $225.11 $675.33
HWR2436P
SYSTEMS RECTANGULAR WORKSURFACE EDGEBAND 24D X 36W
904 $'131.72 $526.88
Sub Total $5,288.17
HF23C

LOCK CORE REPLACEMENT KIT BRUSHED CHROME
91 12 $18.55 $222.60
924 $225.11 $900.44
HON HRVOHT2Fi'
Abound Overhead-Metal Flipper Door 72"
934 $372.29 $1,489.16
HTWTH
ACC HRZTL WALL TRACK FOR OH STORAGE6OW
948 $33.09 $2U.72
HON HETB6OI8
Accelerate 60W x 18H Tackboard
95 1 $89.37 $89.37
Sub Total $2,966.29
Sales Tax
Total:

$78,238.75

SGT OFFICE
It6m Qty. Product Unlt Extondqd
HON HRVOH36FM
Abound Overhead-Metal Flipper Door 36"
Accepted By: Date
TERMS: 500/o DEPOSIT-EALANCE C.O.D-UNLESS ACCOUNT HAS BEEN SET UP DELryERY DURING NORMAL BUSINESS HOURS UNLESS OTHERWISE NOTED

AREA TO BE CLEARED OF ALL EXISTING FURNITURE PRIOR TO DELVERY

PRODUCT IS NOT SUBJECT TO RETURN OR CREDTT ONCE ORDER HAS BEEN PLACED Page I of9
TACKBOARD (3)PTECE
CITY OF VERNON PD.REPORT WRITING
Tackboards below overhead cabinets

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City Council Agenda Item Report
Submitted by: Andrew Eguia
Submitting Department: Public Works
Meeting Date: December 6, 2022

SUBJECT
On-Call Graffiti Abatement Services
Recommendation:

A. Approve and authorize the City Administrator to execute a Services Agreement with Apply the Pressure Group, in substantially the same form as submitted, for a three year term in an amount not-to-exceed $600,000 for on-call graffiti abatement services; and B. Approve and authorize the City Administrator to execute a Services Agreement with Graffiti Protective Coatings, Inc., in substantially the same form as submitted, for a three year term in an amount not-to-exceed $600,000 for on-call graffiti abatement services.

Background:

The City of Vernon has historically performed graffiti abatement and removal using City employees and equipment. Recently, the City has experienced an increase in the quantity and frequency of graffiti around the City. This increase in graffiti coupled with the current authorized level of staffing in the Public Works Department have made it more difficult to meet stakeholder expectations for the timely abatement of graffiti, especially during nights and weekends. During the fiscal year ending June 30, 2022, approximately 212,890 square feet of graffiti was removed by City Crews. Due to the critical nature of such incidents, the Engineering Division sought out third-party graffiti abatement services in order to augment the City's response team and ensure that abatement services are accessible on a 24 hours a day, 365 days a year basis.

Pursuant to Vernon Municipal Code (VMC) Section 3.32.070, the Engineering Division publicized the Request for Proposal (RFP) for Graffiti Abatement Services, as the cost for the service over a three-year period was anticipated to exceed $50,000 and required competitive selection pursuant to VMC Section 3.32.080. The Engineering Division received six (6) proposals from qualified firms in response to the RFP posted on or about August 18, 2022.

Proposals were rated on experience, overall cost, responsiveness to the RFP, and feedback of references for demonstrated capability on similar recent projects. After consideration, it was determined that Apply the Pressure Group and Graffiti Protective Coatings, Inc. will best meet the needs of the City. Staff recommends that the City enter into services agreements with these two firms. When graffiti abatement services are required, Apply the Pressure will be deployed in response to the direction of City Administration and/or the Engineering Division. The services of Graffiti Protective Coatings, Inc. are intended to be used in coordination with City Crews for extensive abatement projects and/or tasks.

Each proposed Services Agreement has been reviewed and approved as to form by the City Attorney’s Office.

Fiscal Impact:

The fiscal impact is at $600,000 for each contract for the term of three years. The service providers' fees are based on actual work performed. Sufficient funds to cover the costs of the services are available in General Fund, Public Works, Street Operations Division, Repairs & Maintenance Account No. 011.1043.590000 for the current fiscal year and will be budgeted in subsequent fiscal years based on projected activity.

Attachments:

1. CS-1501 Services Agreement - Apply the Pressure

2. CS-1501 Services Agreement - Graffiti Protective Coatings

SERVICES AGREEMENT BETWEEN THE CITY OF VERNON APPLY THE PRESSURE GROUP FOR CS-1501 GRAFFITI ABATEMENT

COVER PAGE
Contractor: Apply the Pressure Group
Responsible Principal of Contractor: Johnny Thompson, Owner Notice Information - Contractor: Apply the Pressure Group 27038 Honby Avenue
Canyon Country, CA 91351
Attention: Johnny Thompson, Owner
Telephone: (818) 312-4433
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Daniel Wall,
Director of Public Works
Telephone: (323) 583-8811 ext. 305
Commencement Date: December 6, 2022
Termination Date: December 5, 2025
Consideration: Total not to exceed $600,000 (includes all applicable sales tax); and more particularly
described in Exhibit B
Records Retention Period Three (3) years, pursuant to Section 11.20

SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND APPLY THE PRESSURE GROUP FOR CS-1501 GRAFFITI ABATEMENT
This Agreement is made between the City of Vernon, a California charter City and California municipal corporation (“City”), and Apply the Pressure Group , a California corporation (“Contractor”).

The City and Contractor agree as follows:

1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on December 6, 2022.

2.0 SCOPE OF SERVICES.

2.1 Contractor shall perform all work necessary to complete the services set forth in the City’s Request for Proposals issued on or about August 2022, and titled Request for Proposals for CS-1501 Graffiti Abatement, Exhibit “A”, and Contractor's proposal to the City ("Proposal") dated October 14, 2022, Exhibit “B”, both of which are attached to and incorporated into this Agreement by reference.

2.2 All services shall be performed to the satisfaction of City.

2.3 All services shall be performed in a competent, professional, and satisfactory manner in accordance with the prevailing industry standards for such services.

3.0 PERSONNEL.

3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Agreement.

3.2 Contractor shall not subcontract any services to be performed by it under this Agreement without prior written approval of City.

3.3 All of the services required hereunder will be performed by Contractor or by City approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City.

4.0 TERM. The term of this Agreement shall commence on December 6, 2022 and it shall continue until December 5, 2025, unless terminated at an earlier date pursuant to the provisions thereof.

5.0 COMPENSATION AND FEES.

5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of

the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit “B” attached hereto and incorporated herein by reference.

5.2 Contractor's grand total compensation for the entire term of this Agreement, shall not exceed $600,000 without the prior authorization of the City, as appropriate, and written amendment of this Agreement.

5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Agreement. Materials shall be of the highest quality. The above Agreement fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses.

5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City.

Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor:

5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement.

5.4.2 Approved reproduction charges.

5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement.

5.5 Contractor shall not receive any compensation for extra work performed without the prior written authorization of City. As used herein, “extra work” means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit “B,” if the extra work has been approved by the City.

5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at Contractor’s sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and

interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement.

6.0 PAYMENT.

6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule.

6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed.

6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month.

6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment.

6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice.

6.6 Payment of such invoices shall be payment in full for all services, authorized costs, and authorized extra work covered by that invoice.

7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services.

8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.

9.0 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”), including but not limited to professional negligence, that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Contractor hereunder, or arising from Contractor’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such

claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected officials, agents or employees.

10.0 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Agreement, including any extensions thereto. The policies shall state that they afford primary coverage.
i. Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. ii. Contractor agrees to subrogate automobile liability resulting from performance under this Agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services.
iii. General Liability with minimum limits of at least $1,000,000 per occurrence and $2,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis.

Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Agreement.
(1) If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein.
(2) Contractor agrees to subrogate General Liability resulting from performance under this Agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services.
iv. Contractor shall comply with the applicable sections of the California Labor Code

concerning workers' compensation for injuries on the job. In addition, Contractor shall require each subcontractor to similarly maintain workers’ compensation insurance in accordance with the laws for California for all of the subcontractor’s employees. Compliance is accomplished in one of the following manners:
(1) Provide copy of permissive self-insurance certificate approved by the State of California; or
(2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Agreement; or
(3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Agreement.
v. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. vi. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. vii. Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. viii. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due to Contractor, at City's option; (b) immediately terminate this Agreement and seek damages from the Agreement resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due to Contractor.

11.0 GENERAL TERMS AND CONDITIONS.

11.1 INDEPENDENT CONTRACTOR.

11.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or employee of City and shall furnish such services in its own manner and method except as required by this Agreement, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

11.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

11.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise.

11.3 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets, and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Agreement. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City.

11.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or incompleteness.

11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

11.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and executed by a duly authorized representative of the party against whom enforcement of a waiver is sought.

11.7 SUCCESSORS. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors, and/or assigns.

11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Agreement or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Agreement. No assignment shall release the original parties from their obligations or otherwise constitute a novation.

11.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. Violation of any law material to performance of this Agreement shall entitle the City to terminate the Agreement and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be

contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom.

11.10 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.

11.11 INTERPRETATION.

11.11.1 Applicable Law. This Agreement shall be deemed an agreement and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof.

11.11.2 Entire Agreement. This Agreement, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation, and agreements (written or oral).

11.11.3 Written Amendment. This Agreement may only be changed by written amendment executed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect.

11.11.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement.

11.11.5 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Agreement shall strictly prevail. The terms of the City’s Request for Proposals shall control over the Contractor’s Proposal.

11.11.6 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no

presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

11.12 TIME OF ESSENCE. Time is strictly of the essence of this agreement and each and every covenant, term, and provision hereof.

11.13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized.

11.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach, or any other aspect of this Agreement, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery.

11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice.

If to the City:

City of Vernon
Attention: Director of Public Works
4305 Santa Fe Avenue
Vernon, CA 90058
If to the Contractor:

Apply the Pressure Group
Attention: Johnny Thompson, Owner
27038 Honby Avenue
Canyon Country, CA 91351
Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party.

11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement.

11.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Agreement in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Agreement is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause.

11.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Agreement by written notice to the defaulting party. The notice shall specify the basis for the default. The Agreement shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Agreement as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Agreement. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default, then the City may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point.

11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Agreement, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all finished or unfinished documents, data, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor

shall be required to provide such document and other information within fifteen (15) days of the request.

11.19.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

11.20 MAINTENANCE AND INSPECTION OF RECORDS.

The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Contractor is properly entitled under the Agreement or for other purposes relating to the Agreement.

The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Agreement.

The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead.

11.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or a member of any of its boards, commissions, or committees, except to the extent permitted by law.

11.22 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon

compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the basic rate of pay.

11.24 PREVAILING WAGES. The provisions of California Labor Code 1770, et seq., regarding the payment of prevailing wages on public works, and related regulations, apply to all City agreements. In addition, the selected consultant and/or any subcontractor must be currently registered and qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the State Department of Industrial Relations.

11.25 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Agreement, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit “C”. [Signatures Begin on Next Page].

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Commencement Date stated on the cover page.

City of Vernon, a California charter City
and California municipal corporation
By: ____________________________
Carlos Fandino, City Administrator
Apply the Pressure Group, a California
corporation
By:

Name:

Title:

ATTEST:
_______________________________
Lisa Pope, City Clerk
By:

Name:

Title:

APPROVED AS TO FORM:
_______________________________
Zaynah N. Moussa,
City Attorney

EXHIBIT A
REQUEST FOR PROPOSALS FOR CS-1501 GRAFFITI ABATEMENT
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March 2013

AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR

STATE OF CALIFORNIA )
) ss

COUNTY OF LOS ANGELES )
_______________________________________________________________, being first duly sworn deposes and says that he/she is ______________________________________________________________________ (Insert "Sole Owner", "Partner", "President, "Secretary", or other proper title) of______________________________________________________________________________________ (Insert name of bidder)
who submits herewith to the City of Vernon a bid/proposal; That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else interested in the proposed contract; and further That prior to the public opening and reading of bids/proposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal;
c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his/her bid/proposal price, or of that of anyone else; d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Vernon, or to any person or persons who have a partnership or other financial interest with said bidder in his/her business.

I certify under penalty of perjury that the above information is correct By:______________________________________ Title:________________________________ Date:____________________________________
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EXHIBIT B
CONTRACTOR’S PROPOSAL
Apply “CS-1501 Graffiti Abatement”
 Overview
For over 8 years, we at Apply The Pressure Group, have been serving the residences and commercial businesses of Los Angeles County, by providing our customers' homes and offices with the highest quality pressure washing/graffiti removal cleaning available. This is done while also preserving the environment by using Green Cleaning Products to give our clients a more comfortable safe place to live and work.
 About the project
Since June 2022, Apply The Pressure Group has worked closely in partnership with the city of Vernon, and their Graffiti Abatement team to combat the ongoing graffiti problem. We provide a local 24hr service team that can be onsite in the city of Vernon to remove any graffiti within 1hr from the request for service. There is no task that is too big or too small for us to take on. We also specialize in paint overs and color matching of stucco and other hard surfaces. Please consider Apply The Pressure when choosing your next graffiti abatement partner.  Bid Amount
Our hourly rate is currently set at $225. There are no additional fee’s or rate hikes for overnight/emergency call outs.

EXHIBIT C

EQUAL EMPLOYMENT OPPORTUNITY

PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities.

B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.

C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class.

D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law.

SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND GRAFFITI PROTECTIVE COATINGS, INC. FOR CS-1501 GRAFFITI ABATEMENT

COVER PAGE
Contractor: Graffiti Protective Coatings, Inc.

Responsible Principal of Contractor: Carla Lenhoff, President Notice Information - Contractor: Graffiti Protective Coatings, Inc. 419 N Larchmont. Blvd., #264
Los Angeles, CA 90004
Attention: Carla Lenhoff, President
Telephone: (323) 464-4472
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Daniel Wall,
Director of Public Works
Telephone: (323) 583-8811 ext. 305
Commencement Date: December 6, 2022
Termination Date: December 5, 2025
Consideration: Total not to exceed $600,000 (includes all applicable sales tax); and more particularly
described in Exhibit B
Records Retention Period Three (3) years, pursuant to Section 11.20

SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND GRAFFITI PROTECTIVE COATINGS, INC. FOR CS-1501 GRAFFITI ABATEMENT
This Agreement is made between the City of Vernon, a California charter City and California municipal corporation (“City”), and Graffiti Protective Coatings, Inc., a California corporation (“Contractor”).

The City and Contractor agree as follows:

1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on December 6, 2022.

2.0 SCOPE OF SERVICES.

2.1 Contractor shall perform all work necessary to complete the services set forth in the City’s Request for Proposals issued on or about August 2022, and titled Request for Proposals for CS-1501 Graffiti Abatement, Exhibit “A”, and Contractor's proposal to the City ("Proposal") dated October 17, 2022, Exhibit “B”, both of which are attached to and incorporated into this Agreement by reference.

2.2 All services shall be performed to the satisfaction of City.

2.3 All services shall be performed in a competent, professional, and satisfactory manner in accordance with the prevailing industry standards for such services.

3.0 PERSONNEL.

3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Agreement.

3.2 Contractor shall not subcontract any services to be performed by it under this Agreement without prior written approval of City.

3.3 All of the services required hereunder will be performed by Contractor or by City approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City.

4.0 TERM. The term of this Agreement shall commence on December 6, 2022 and it shall continue until December 5, 2025 unless terminated at an earlier date pursuant to the provisions thereof.

5.0 COMPENSATION AND FEES.

5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of

the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit “B” attached hereto and incorporated herein by reference.

5.2 Contractor's grand total compensation for the entire term of this Agreement, shall not exceed $600,000 without the prior authorization of the City, as appropriate, and written amendment of this Agreement.

5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Agreement. Materials shall be of the highest quality. The above Agreement fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses.

5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City.

Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor:

5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement.

5.4.2 Approved reproduction charges.

5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement.

5.5 Contractor shall not receive any compensation for extra work performed without the prior written authorization of City. As used herein, “extra work” means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit “B,” if the extra work has been approved by the City.

5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at Contractor’s sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and

interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement.

6.0 PAYMENT.

6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule.

6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed.

6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month.

6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment.

6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice.

6.6 Payment of such invoices shall be payment in full for all services, authorized costs, and authorized extra work covered by that invoice.

7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services.

8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.

9.0 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”), including but not limited to professional negligence, that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Contractor hereunder, or arising from Contractor’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such

claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected officials, agents or employees.

10.0 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Agreement, including any extensions thereto. The policies shall state that they afford primary coverage.
i. Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. ii. Contractor agrees to subrogate automobile liability resulting from performance under this Agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services.
iii. General Liability with minimum limits of at least $1,000,000 per occurrence and $2,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis.

Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Agreement.
(1) If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein.
(2) Contractor agrees to subrogate General Liability resulting from performance under this Agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services.
iv. Contractor shall comply with the applicable sections of the California Labor Code

concerning workers' compensation for injuries on the job. In addition, Contractor shall require each subcontractor to similarly maintain workers’ compensation insurance in accordance with the laws for California for all of the subcontractor’s employees. Compliance is accomplished in one of the following manners:
(1) Provide copy of permissive self-insurance certificate approved by the State of California; or
(2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Agreement; or
(3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Agreement.
v. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. vi. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. vii. Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. viii. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due to Contractor, at City's option; (b) immediately terminate this Agreement and seek damages from the Agreement resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due to Contractor.

11.0 GENERAL TERMS AND CONDITIONS.

11.1 INDEPENDENT CONTRACTOR.

11.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or employee of City and shall furnish such services in its own manner and method except as required by this Agreement, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

11.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

11.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise.

11.3 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets, and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Agreement. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City.

11.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or incompleteness.

11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

11.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and executed by a duly authorized representative of the party against whom enforcement of a waiver is sought.

11.7 SUCCESSORS. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors, and/or assigns.

11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Agreement or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Agreement. No assignment shall release the original parties from their obligations or otherwise constitute a novation.

11.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. Violation of any law material to performance of this Agreement shall entitle the City to terminate the Agreement and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be

contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom.

11.10 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.

11.11 INTERPRETATION.

11.11.1 Applicable Law. This Agreement shall be deemed an agreement and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof.

11.11.2 Entire Agreement. This Agreement, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation, and agreements (written or oral).

11.11.3 Written Amendment. This Agreement may only be changed by written amendment executed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect.

11.11.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement.

11.11.5 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Agreement shall strictly prevail. The terms of the City’s Request for Proposals shall control over the Contractor’s Proposal.

11.11.6 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no

presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

11.12 TIME OF ESSENCE. Time is strictly of the essence of this agreement and each and every covenant, term, and provision hereof.

11.13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized.

11.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach, or any other aspect of this Agreement, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery.

11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice.

If to the City:

City of Vernon
Attention: Director of Public Works
4305 Santa Fe Avenue
Vernon, CA 90058
If to the Contractor:

Graffiti Protective Coatings, Inc.

Attention: Carla Lenhoff, President
419 N Larchmont Blvd., #264
Los Angeles, CA 90004
Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party.

11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement.

11.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Agreement in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Agreement is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause.

11.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Agreement by written notice to the defaulting party. The notice shall specify the basis for the default. The Agreement shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Agreement as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Agreement. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default, then the City may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point.

11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Agreement, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all finished or unfinished documents, data, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor

shall be required to provide such document and other information within fifteen (15) days of the request.

11.19.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

11.20 MAINTENANCE AND INSPECTION OF RECORDS.

The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Contractor is properly entitled under the Agreement or for other purposes relating to the Agreement.

The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Agreement.

The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead.

11.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or a member of any of its boards, commissions, or committees, except to the extent permitted by law.

11.22 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon

compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the basic rate of pay.

11.24 PREVAILING WAGES. The provisions of California Labor Code 1770, et seq., regarding the payment of prevailing wages on public works, and related regulations, apply to all City agreements. In addition, the selected consultant and/or any subcontractor must be currently registered and qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the State Department of Industrial Relations.

11.25 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Agreement, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit “C”. [Signatures Begin on Next Page].

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Commencement Date stated on the cover page.

City of Vernon, a California charter City
and California municipal corporation
By: ____________________________
Carlos Fandino, City Administrator
Graffiti Protective Coatings, Inc., a California
corporation
By:

Name:

Title:

ATTEST:
_______________________________
Lisa Pope, City Clerk
By:

Name:

Title:

APPROVED AS TO FORM:
_______________________________
Zaynah N. Moussa,
City Attorney

EXHIBIT A
REQUEST FOR PROPOSALS FOR CS-1501 GRAFFITI ABATEMENT
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March 2013

AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR

STATE OF CALIFORNIA )
) ss

COUNTY OF LOS ANGELES )
_______________________________________________________________, being first duly sworn deposes and says that he/she is ______________________________________________________________________ (Insert "Sole Owner", "Partner", "President, "Secretary", or other proper title) of______________________________________________________________________________________ (Insert name of bidder)
who submits herewith to the City of Vernon a bid/proposal; That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else interested in the proposed contract; and further That prior to the public opening and reading of bids/proposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal;
c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his/her bid/proposal price, or of that of anyone else; d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Vernon, or to any person or persons who have a partnership or other financial interest with said bidder in his/her business.

I certify under penalty of perjury that the above information is correct By:______________________________________ Title:________________________________ Date:____________________________________
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EXHIBIT B
CONTRACTOR’S PROPOSAL

Introduction
Graffiti Protective Coatings, Inc. (GPC), a California corporation (C1802084), is a graffiti abatement company created in 1991 and has been in business for 31 years. The founders of GPC, who were students at University of Southern California, had researched and improved upon various graffiti removal techniques and products from around the world after having created an award winning business plan for an entrepreneur class. GPC was then created and the University became the company’s first significant client. After just one year GPC had saved the University over $100,000 (50% cost reduction), dramatically improved the appearance of the campus, and gained credibility for the start-up company. GPC’s contract with the University is still in place after 31 years and has been expanded many times.

The company centered on a formula of constant research and development in techniques, equipment, and products as well as a highly skilled well-paid labor force of problem-solving, everimproving, and self-motivated individuals. GPC has stayed true to its business plan. Its products, equipment, and techniques are the most advanced in the industry. Staff expertise, consistency, and professionalism continue to grow.

GPC and its related companies (Graffiti Protective Coatings, Inc. of AZ and American Graffiti, Inc.) have over 1,000 public and private clients and presently clean over 500,000 locations and 16,000,000 square feet of graffiti annually in four states. Required California State Contractor’s License number is 672447.

GPC’s equipment set-up is designed exclusively for graffiti abatement. GPC’s proprietary methods and products are vastly superior to all industry standards. Field staff is trained thoroughly in all graffiti removal techniques and situations. Office staff customizes and develops sophisticated yet user-friendly data compilation for the customers. Management understands communication, priorities, follow through, and the importance of exceeding the customer’s expectations.

GPC has extensive dealings with large government agencies and understands processes, procedures, work volume, documentation, and invoicing requirements associated with these customers. GPC can handle graffiti contracts of all sizes.

GPC does not have any commitments or potential commitments that may impact GPC’s ability to perform this contract.

General Scope of Work
Overview
The keys to a successful graffiti removal program are fast response, removal of all graffiti, and removal methods that leave no traces that the graffiti ever existed. Graffiti breeds more graffiti, and fast professional removal will allow to the City of Vernon to control this problem. Graffiti Protective Coatings, Inc. specializes in these services with its “Zero-Tolerance Program”. Under GPC’s proven program each technician is fully equipped and trained to remove all graffiti.

GPC performs thorough and complete removal, leaving no traces of the past graffiti. Details are not overlooked. All graffiti at sites requested by the City are removed no matter how small including but not limited to: all streets, sidewalks, private and City owned property, upper level locations, and all objects in the City Right of Way.

Work Plan
GPC has a warehouse located in the City in Bell. Usually at least a dozen trucks go in and out of that location daily. There is also upper management frequently at that location. Therefore with GPC, the City has no “windshield time” baked into costs or negative impacts on response time.

For example, GPC provides neighboring contracted cities response times of typically 10 minutes or less. GPC is also able to custom match and store all required colors at our warehouse minutes from the City. Therefore, our techs waste little to time having to custom match colors and will never start painting all the buildings only a small handful of colors.

GPC is proud that it has been able to complete all projects without interruption during the past couple of years of COVID infections. GPC has an excellent COVID policy and a large welltrained workforce that combined with our proprietary software allows GPC to seamlessly interchange technicians. Although GPC prefers to keep their techs in assigned Zones, it should be comforting for the City to know that their service will always continue without interruption should an employee become unable to work in the short or long term.

Schedule of work (days, times, etc.)
GPC will be available 7 days per week, 24 hours a day, 365 days a year. Standard reactive and/or proactive work schedule will be five days per week for a minimum of 1 truck for the City of Vernon. GPC will perform 3 proactive patrols of areas defined by the City with input from GPC. GPC will respond to emergency requests on weekends and Holidays. GPC will provide additional standard vehicles at no additional surcharge as needed when needed.

Identification of Work
GPC will be responding to City staff requests, hotline calls, and possibly proactive patrols of areas assigned by City staff. GPC will meet with City staff as needed to discuss work orders, schedules, and areas to be maintained.

Assignment of Work
GPC prefers to put technicians in their own exclusive and specific City/zone.

Technicians that are experts in their assigned geographic area gain efficiencies of drive time creating faster response times; more specific knowledge of neighborhoods, “hot spots”, and color matches creating better consistency; and the technicians are more accountable for the appearance of their City/zone creating higher quality. If requested, GPC will provide the City its App-Order software and a smartphone app equipped with the App-Order manager’s app to City staff for instant and easy communication.

GPC’s workday will start at 6am so that busy thoroughfares can be cleaned safely before heavy morning traffic. Each site cleaned will be photographed and documented using App-Order. Waivers will be obtained as needed.

GPC’s Vernon lead service technician, upon request, will check in with City staff at a specified time to review service requests and overall operations. City staff can monitor and manage work orders via the web in real-time or on the provided manager’s smartphone app.

GPC custom color matches all buildings to 98% or better. GPC will maintain the formulas as well as the inventory of labeled locations. Therefore, our touch-ups will always be 100% accurate. Our custom matches will include specific coatings and bases as needed for unique finishes. Many buildings are repeatedly tagged and would be damaged if quality of the removal does not account for the repeated volume, therefore GPC takes special care to properly prep all surfaces and then professionally apply only high quality finishes.

Additional Work and Emergencies
GPC knows from experience with the City that it will receive special event requests and emergency calls and has a proven history of meeting those needs.

Volunteering in the Community
GPC has a proven history of participating in City clean-up events and can be counted on to volunteer staff and resources for future City events.

Response Time
GPC will be available to the City 24 hours a day, 365 days a year. No matter what the Holiday or time, emergency after-hours calls will have a response time of less than 2 hours. Emergency number is (323) 464-4472.
1) Emergencies- less than 120 minutes
2) Routine- clean immediately upon spotting graffiti
3) Citizen or City reported incidents- typically no more than 8 working hours and not to exceed 12 working hours

Training
GPC offers employee’s great pay, thorough training, and the best possible equipment. New hires at GPC must have a clean driving record, pass a drug test and background check, and meet GPC’s extremely high minimum standards. New staff members train for 1 year as an assistant until getting the chance (upon merit) to take on the responsibility of one of GPC’s routes.

During training they not only learn how to become skilled professionals at graffiti removal, but also how to recognize hazards. All GPC personnel will wear GPC uniforms, reflective safety vests, and will have cell phones for immediate and direct communication.

Training includes how to match colors, proper use and repair of all equipment, working with varying graffiti removers, appropriate use of blasting attachments, recognizing hot spots and areas of importance, the best times to attack various locations, and communicating with citizens and County staff.

GPC has an excellent safety record. GPC utilizes environmentally friendly biodegradable materials and techniques and will adhere to all Local, State, and Federal rules and regulations. GPC has an appointed Safety Officer who put together our extensive Injury and Illness Prevention Program. Some highlights of our Program in which all of our employees are trained include MSDS knowledge, driving techniques, personal safety gear protection, proper use of tools and equipment, hazard communication practices, recognizing potential hazards, and job site safety.

New employees also learn the importance of quality. Quality control is the responsibility of every GPC staff member. Quality of the removal is to be the highest standard, and also all graffiti removal must be 100% completed. Attention is directed at the importance of experience, details, and ethics. GPC accepts and performs only “excellent” quality from its staff and that is the standard that the City will receive from GPC.

GPC has a proprietary100-point training program that all new employees must complete.

GPC staff will purchase supplies, services, and materials in Vernon whenever possible.

Methods for removal describing materials used
-Painting
On most previously painted surfaces (with the exception of some semi-gloss, gloss, oil based, powder coated, and anti-graffiti coated surfaces), the best method of removal is to prep and repaint graffiti affected areas with exact color matches. For the few exceptions listed in parentheses above, GPC possesses a graffiti remover that erases the graffiti without damaging the finish or color of those surfaces.

The choices for applying the graffiti removal touch-up paint are brush, 6” mini roller, 9” standard roller, or airless sprayer. If the area to be painted is less than 1 square foot, most likely a brush will be used. If the area to be painted is more than 1 square foot and less than 25 square feet a mini roller will be used. If the area to be painted is over 25 square feet or is extremely porous such as certain stucco finishes or painted block walls where the roller does not easily fill the grout areas, then GPC will use an airless sprayer. If wind conditions or surroundings dictate a sprayer cannot be used, then a standard 9”roller will be used.

Preparation (prep), which includes adjacent surface protection, is vital in professional removal.

Before the touch-up paint can be applied, the surface must be clean. If the graffiti is from a marker or dark spray paint on a light color, the graffiti will be “killed” with a primer. It is required to use a primer in these instances, otherwise, many rapid coats of paint will have to be applied which will lead to adhesion problems and will distort the texture of the surface.

GPC must now make the custom color of the surface. GPC will match the sheen of the surface, followed by the base, and then add colorants so that the touch-up is virtually undetectable. Once the paint is made, the formula is saved and the paint is labeled with the corresponding location.

The advantage of near perfect color matches is that smaller areas can be touched-up without having to paint the entire surface, creating tremendous cost savings. All GPC techs are excellent color matchers and are extensively trained at on-site color matching.

The 32 colors most frequently used will be kept in the truck. GPC inventories all custom color matches. Each color is stored on racks by zone and route. GPC will maintain all color formulas and inventory at a centralized warehouse. Therefore, GPC touch-ups will always be 100% accurate. Colors not normally on the truck will be added in the morning based upon the work order locations received.

GPC applies the color using its “feathering” technique with the applicators listed above. The techs are trained to apply a thin even coat while blending out all the edges. There will be no drip marks or awkward squares. Upon completion, the touch-up will not be recognizable and no one will have known that site had been vandalized.

It is important to note that GPC uses only quality paint to prevent color fading, obtain better coverage, and prevent adhesion problems.

If the tech is in the field and finds a surface where the color cannot be matched on-site to 98% or better accuracy, the tech will temporarily cover with the graffiti with the closest color and bring a small sample to the warehouse. A custom color will be made and within 24 hours the field tech will have applied the custom color using the processes already discussed.

GPC utilizes drop cloths to protect the ground and landscaping from drops or spills. If vehicle(s) are too close to the work area, GPC with permission from the City staff, will reschedule for the most advantageous time. Techs are well trained and highly skilled which greatly limits the possibilities of adjacent surface damage. Plastic sheeting and tape is in every truck and will be used when necessary.

Extreme care and diligence is always utilized when using airless sprayers and graffiti removers to avoid overspray of cars, personal property, and pedestrians. -Media Blasting
GPC removes graffiti from unpainted surfaces with soda blasting techniques. These can be performed wet or dry. For wet blasting, GPC utilizes water recovery and recycling equipment.

GPC possesses many water recovery units. The units are truck mounted and designed after a much larger CALTRANS model. The units are fully automatic zero discharge-closed loop wash water recovery system. The units remove all physical particles twenty microns and larger in size as well as absorbing petroleum hydrocarbons. It collects the wash water using a Vacuboom system, filters the water and returns the clean water to the main water tank. Water recovery units are in compliance with current wastewater regulations and requirements.

The media used for soda blasting is baking soda. Baking soda is FDA approved, non-toxic, and contains no free silica. It is also non-sparking, non-flammable, non-hazardous, and environmentally safe.

Equipment to be provided daily within contract
GPC trucks for the City of Vernon will be a mix of new or late model long bed heavy-duty pickups. All trucks are fully equipped and self-contained for all aspects of graffiti removal. Graffiti locations often require multiple techniques of hot water cleaning, chemical removal, and painting. Therefore, each of our trucks are equipped with 3,500 psi 4gpm hot water pressure washers/ soda blaster, water tanks, water recovery units, .75-gpm gas powered airless paint sprayers, ladder, baking soda blaster attachments, and pressure washer hose reels. GPC’s equipment is of the highest quality and all the trucks are specifically customized and designed for GPC graffiti removal techniques. GPC currently has all the equipment needed to fulfill this contract.

Mounted on the trucks are dual strobe lights and arrow sticks. The trucks possess a “Men Working” flag sign as well as enough cones to comply with WATCH handbook requirements.

Inside the trucks are caution tape, respirators, first aid kits, MSDS sheets, safety equipment, and tools for repairs. Trucks are labeled

All GPC trucks for the City will always be fully equipped for all types of graffiti removal as stated above.

Technology
GPC provides its App-Order system at no additional charge. This electronic work order system is a green solution to work order management. The real-time web based software system creates tremendous efficiencies and significant cost savings for GPC and the City. The City is able to dispatch, route, and monitor work orders real-time via the web. The technicians are able to directly submit work order number, address, longitude and latitude, date, surface, method, square footage, cost, moniker, zones, public or private designation, utilities owner identification, time, remarks, comments, and before/after photos electronically in real-time to the City. System recognizes and records the technicians name as well as job start and stop times. Work order response times are also tracked.

Included if requested, GPC provides the City its own branded app on the App Store and Android Marketplace that residents download and use to report graffiti and other issues using their smartphones. Photos and GPS data from smartphone requests electronically feed into the web based system where it is electronically directed to GPC field staff. A seamless web link is also included that allows residents to submit their requests from the City’s website. Work orders are closed electronically in real-time with corresponding electronic notification of job status sent to the resident. Features include customized electronic response to citizen requests with before and after photographs as well as a link to an electronic survey. Survey lets residents rate the quality of services provided as well as the response time. Completed surveys are electronically sent in real-time to designated City staff.

GPC will share many parts its technology with the City for other service projects at no additional cost.

Each request will receive a work order number so that its status can be tracked. Once work requests have been received, App-Order maps out the locations on the technicians phone. All service requests will be completed within 24 hours, with the exception for inclement weather or other extraordinary circumstances that could cause a delay. City staff will be notified of any delays. Emergency requests will receive immediate response with an anticipated removal time of 2 hours or less. GPC is available and on-call 24-hours a day, 7 days a week. City staff will be provided a mobile device for creating, viewing, and mapping all of GPC’s work orders.

The system is role based and is user friendly. City staff can print current and real-time custom reports and graphs within seconds on-line. App-Order shows in real-time open/closed work orders, response time, billing, and reports. It also separates out costs for different surfaces, technicians, methods, and zones. Billing and reports can also be exported to excel spreadsheets in mere seconds. Law enforcement is provided passwords so they can map, search, and track vandal activity as well as get instant and real-time billing reports and photos for apprehended taggers.

All data collected in the work order system for this project is the property of the City. GPC created and owns the software; so many custom features can be easily added with no additional cost.

Fees and Costs
There is minimal data provided on expected quantity of work or how work will be specifically divided among GPC staff and City staff. GPC’s pricing is therefore negotiable depending upon volume and consistency of requests. The City is welcome to provide a Not To Exceed amount within its budget limits. GPC software keeps real-time status of costs.

Standard Fees
Weekdays
All surfaces $0.50 per square foot with $35 minimum charge per location.

Weekends and Holidays
All surfaces $0.75 per square foot with $50 minimum charge per location.

Additional Fees
Bucket truck requests require $500 additional surcharge per location.

Ability of the Proposer to Perform
Estimated LABOR-HOUR ALLOCATION CHART (per week worked) # Employees
GPC
Field Work
(hours)
Management
(hours)
Administrative
(hours)
Field Work 1 4 0 0
Management 1 0-1 0-1 0
Administrative 1 0 0 0-1
Key Personnel- Qualifications and Experience
Key personnel for this proposal are Jesus Rodriguez, Carla Lenhoff, and Mary Anderson. GPC has allocated some its best staff for this project. GPC also has the proper number of staff committed to this project to ensure high customer satisfaction.

Jesus Rodriguez will have day–to-day responsibility for this project and is the project manager.

Biographies:
• Jesus Rodriguez- Staff/ Project Manager
419 N. Larchmont Blvd. #264
Los Angeles, CA 90004
(213) 591-1153/ Fax (323) 656-3579
[email protected]
Jesus has 20 years experience in graffiti removal and 18 years experience as a project leader.

Jesus provides a high level of workmanship and customer service. He has been the model of consistency. He will work to be experienced with the City geography, residents, business owners, and City staff. The City cannot find a technician more proven or with a better understanding of the scope of services for this contract than Jesus. Besides Jesus’ excellent workmanship, his ability to interact with the public as a representative of both GPC and the City is invaluable and was why he was chosen specifically for this project. • Carla Lenhoff- President/ Admin Manager
419 N. Larchmont Blvd. #264
Los Angeles, CA 90004
(213) 591-1153/ Fax (323) 656-3579
[email protected]
Carla is the President of the company with 30 years experience in the graffiti removal industry. Carla will be the administrative lead for the contract. Carla attended the University of Texas. Carla created the company’s culture of unprecedented customer service, which she brought with her after serving as store director of Escada Corporation in Beverly Hills. Carla makes all new hires seeking people that possess the “intangibles”.

GPC has experienced consistent growth under her leadership, amassing diversified and loyal clientele. Carla will insure that all administrative tasks relating to this contract are seamlessly fulfilled.
• Mary Anderson- Project Administrator
419 N Larchmont Blvd. # 264
Los Angeles, CA 90004
(213) 591-1153/ Fax (323) 656-3579
[email protected]
Mary has 19 years experience in accounts receivable. She is instrumental in maintaining positive customer relations. Mary also provides analysis of App-Order data specific to account activity for invoicing. She also prepares reports for payroll staff to facilitate certified payrolls. Mary will be the daily point of contact for the contract for administrative solutions. Mary emphasizes the company’s culture of unprecedented customer service. Mary understands GPC’s business philosophy and goal of making GPC the apex in quality and service.

References
City of Bell
Mr. Gabino Luna
(323) 773-1596
[email protected]
City of Torrance
Ms. Nina Schroeder
(310) 781-7151
[email protected]
City of Long Beach
Mr. Thomas Marshall
(562) 577-4790
[email protected]
City of San Jose
Ms. Olympia Williams
(408) 535-3540
[email protected]
Conclusion
GPC has always provided the highest quality services at low prices. Unlike its competition, GPC has never failed to complete a contract or been terminated. GPC’s service is Best in Class in every level of its operations.

There is no better indicator of future success than past performance

EXHIBIT C

EQUAL EMPLOYMENT OPPORTUNITY

PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities.

B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.

C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class.

D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law.

City Council Agenda Item Report
Submitted by: Andrew Eguia
Submitting Department: Public Works
Meeting Date: December 6, 2022

SUBJECT
Arbor Day Proclamation and Application for Tree City USA 2022 Recommendation:

A. Proclaim December 6, 2022 as Arbor Day in the City of Vernon; and B. Authorize the Public Works Department to submit an application to the Arbor Day Foundation for Vernon to be certified a Tree City USA for 2022.

Background:

The Arbor Day Foundation's Tree City USA Program was founded on a vision for a greener, healthier America. The Public Works Department seeks Council's authorization to apply for a Tree City USA designation to publicly demonstrate the City's commitment to the environment, and position Vernon as an attractive place to live and work. There are four (4) requirements that must be met prior to the submittal of a Tree City USA application to ensure that every qualifying community has a viable tree management program. With the Proclamation Declaring December 6, 2022 as Arbor Day in Vernon, the City will meet all of the requirements noted below:

1. Designate a responsible Tree Board/Department

2. Possess an adopted Tree Ordinance

3. Implement a Community Forestry Program with an annual budget of at least $2 per capita; and

4. Proclaim and Observe Arbor Day.

Upon meeting these requirements, Vernon will be named a Tree City for the fourth consecutive year.

Fiscal Impact:

There is no fiscal impact associated with this report.

Attachments:

1. Arbor Day Proclamation

2. Arbor Day Tree City Application - Online Form

3. Application Certification
~ pF VE
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A PROCI~IMA TION OF THE MA YOR AND THE CITY COUNCIL OF
THE CITY OF VERNON DECLARING DECEMBER G, 2022 AS

ARBOR DA Y
I~HEKEAS, in 7872, the Nebraska Board of Agriculture established a special day to be set aside for the planting of trees; and
I~VHEKEAS, this holiday, called Arbor Day, u~as first observed with the planting of more than cz million trees in Nebraska; and
I~HEAEAS, Arbor Day is nom observed annually throughout the nation and the world at various times during the year; and
I~HEKEAS, trees can be an important tool in coynbating cliynate change by reducing the erosion of our precious topsoil by ~in~l and water, cutting heating and cooling costs, fnoderating the temperature, cleaning the air, producing life giving oxygen, and providing habitats for ~ildl~; and I~HEKEAS, the City of Vernon recognises the importance of trees in our daily lives as a source of beauty and comfort by improving community appearance, creating a healthier living environment, promoting energy conservation, ynoderating temperature and providing shade, heat r~ection and mind protection, and improving air quality; and
I~-~EKEAS, the City of Vernon is coynmitted to continuing its tree planting endeavors; and I~VHEKEAS, to promote community awareness of the importance of trees, the Mayor and City Council of the City of Vernon, on behalf of its employees, residents, and businesses, encourage all citizens to plant trees to promote the wellbeing of present and future generations.

NO Imo, THEKEFOKE, THE MAYOK AND THE CITY CO UNCIL OF THE CITY OF VEKNON, ON BEHALF OF ITS EMPLOYEES, 1~ESIDENTS AND B USI~TESSES HEREBY DECLAKE DECEMBER 6, 2022, AS AA.BO~. DAY.

CITY OF VEl~N~O~T
LETICZA LOPEZ, Mayor
 














 
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Nov 10, 2022 6:17 PM
2022 Tree City USA
Application for Certification
The Tree City USA award is in recognition of work completed by the community during the 2022 calendar year.

Primary Contact
Contact Name Manuel Garcia
Email Address: [email protected]
Phone Number:

Address: 4305 Santa Fe Avenue
Vernon, CA 90058
City of Vernon, California Community Information
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As Mayor or Equivalent of the Community of City of Vernon ____________________________________________________________________________________________________ Mayor or Equivalent Signature Title Date
Application Certification
To Be Completed By The State Forester:

City of Vernon
The above named community has made formal application to this office. I am pleased to advise you that we reviewed the application and have concluded that, based on the information contained herein, said community is eligible to be certified as a Tree City USA community, for the 2022 calendar year, having in my opinion met the four standards required for recognition.
____________________________________________________________________________________________________ State Forester Signature Title Date
City Council Agenda Item Report
Submitted by: Joanna Moreno
Submitting Department: Public Utilities
Meeting Date: December 6, 2022

SUBJECT
Amendment No. 1 to the Services Agreement with Harper & Associates Engineering, Inc.

Recommendation:

A. Approve and authorize the City Administrator to execute Amendment No. 1 to the Services Agreement with Harper & Associates Engineering, Inc., in substantially the same form as submitted, in an amount not-to-exceed $50,000 for Coating Inspection Services for Six Above Ground Steel Reservoirs; and
B. Authorize a contingency amount of $15,000 in the event of unforeseen changes or delays in the project and grant authority to the City Administrator to issue amendments for an amount up to the contingency amount, if necessary.

Background:

On March 2, 2021, City Council approved a Services Agreement with Harper & Associates Engineering, Inc. (HAE) for Coating Inspection Services for Six Above Ground Steel Reservoirs (HAE Agreement). The scope of work included quality control inspection for the coating and rehabilitation of the three reservoirs located at Pumping Plant 3 (PP3) and the three reservoirs located at Pumping Plant 2 (PP2).

On March 3, 2021, City Council authorized the award of a Construction Contract for the Rehabilitation of Reservoirs 3-1, 3-2, and 3-3 (PP3 Project) to Capital Industrial Coatings, Inc. (CIC). Three change orders for the PP3 Project were subsequently approved. Change Order No. 1 included additional area to be coated and painted and additional scope to remove and install new weir boxes, while Change Order No. 2 addressed structural concerns, and Change Order No. 3 granted an additional 110 calendar days to complete the project. The PP3 Project was substantially completed in July 2022.

On April 5, 2022, City Council authorized the award of a Construction Contract for the Rehabilitation of Reservoirs 2-1, 2-2, and 2-3 (PP2 Project) to CIC. Reservoir 2-3 has been completed, and CIC is currently working on Reservoir 2-1.

As a result of the unanticipated increase in work and time necessary to complete the PP3 Project, additional inspection time by HAE was also needed. Moreover, the changes required for the PP3 Project prompted staff to request that HAE modify the plans and specifications for the PP2 Project before issuing the Request for Bids to ensure those changes to the PP3 Project were incorporated into the PP2 Project. Due to the additional time and work required for the PP3 Project, staff requests the approval of Amendment No. 1 to the HAE Agreement to allow that contractor to complete inspection services for the remaining two reservoirs for the PP2 Project. Working on Reservoir 2-1 and 2-2 concurrently will ensure the cost-effectiveness of this work.

Amendment No. 1 will increase the services agreement with HAE by $50,000, increasing the total contract amount to $250,000. Furthermore, staff recommends the approval of a contingency amount of $15,000 in the event of unforeseen changes or delays in the related reservoir rehabilitation projects resulting in a need for additional inspection services by HAE.

The necessary coating inspection services are included in the Water System Revenue Bonds, 2020 Series A, and will be funded with bond proceeds.

Amendment No. 1 has been reviewed and approved as to form by the City Attorney’s Office.

Fiscal Impact:

The fiscal impact is an addition of $50,000 to the service agreement for an amended total amount of $250,000 and contingency amount of $15,000. Sufficient funds for inspection services are available in Vernon Public Utilities Water Fund, Capital Outlay Account No. 020.1084.900000 for the current fiscal year.

Attachments:

1. Amendment No. 1 with Harper & Associates Engineering AMENDMENT NO. 1 TO THE SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND HARPER & ASSOCIATES ENGINEERING, INC.

FOR COATING INSPECTION SERVICES FOR SIX ABOVE GROUND STEEL

RESERVOIRS
This Amendment (“Amendment No. 1”) to that certain Agreement for coating inspection services for six above ground steel reservoirs (the “Agreement”), is made as of December 6, 2022, by and between the City of Vernon, a California charter city and municipal corporation (the “City”), and Harper & Associates Engineering, Inc., a California corporation (“Contractor”).

WHEREAS, the City and Contractor are parties to a written Agreement dated March 1, 2021, under which Contractor provides coating inspection services for six above ground steel reservoirs; and
WHEREAS, in light of additional required work, the City and Contractor desire to amend the Agreement, effective December 6, 2022, to increase Contractor’s total compensation by an amount not to exceed $50,000.00 for additional coating inspection services for Reservoirs 2-1 and 2-2. Additional work includes inspection hours required to complete rehabilitation of Reservoirs 3-1, 3-2, and 3-3 due to additional necessary construction work, and revision of specifications for the rehabilitation of Reservoirs 2-1, 2-2, and 2-3. A copy of the correspondence dated November 11, 2022, provided by Contractor is attached hereto as Exhibit A.

NOW, THEREFORE, the parties to this Amendment No. 1 agree as follows:

1. Effective as of December 6, 2022, the total compensation for term of the Agreement, from March 1, 2021 through February 29, 2024, shall not exceed $250,000.00.

2. Except as expressly modified by this Amendment No. 1, all provisions of the Contract shall remain in full force and effect.

3. The provisions of 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]
City of Vernon, a California charter City
and California municipal corporation
By: ____________________________
Carlos Fandino, City Administrator

Harper & Associates Engineering, Inc., a
California corporation
By:

Name:

Title:

ATTEST:
_______________________________
Lisa Pope, City Clerk
By:

Name:

Title:

APPROVED AS TO FORM:
_______________________________
Zaynah N. Moussa,
City Attorney

EXHIBIT A

MEMORANDUM
Date: November 11, 2022
To: Joanna Hurtado Moreno
City of Vernon

From: Krista Harper
Subject: Additional Quality Control Inspection for Tanks 2-1 and 2-2 As discussed on the phone, HAE is close to using the original estimated hours for the Quality Control Inspection for both sites (Tanks 3-1, 3-2, & 3-3 and Tanks 2-1, 2-2, & 2-3). The only tanks remaining to finish are Tank 2-1 and 2-2. Tank 2-3 required 45 working days of inspection to complete. The Contractor is starting the work at Tank 2-1 next week. As soon as 2-3 is put back into service, Tank 2-2 will also be out of service. The Contractor will be able to work on both tanks at the same time, so it is estimated the remaining inspection hours needed will be 70 working days. 70 working days @ 8 hrs. = 560 hours @ $86/hr. = $48,160

If the Contractor accomplishes the work in less time the above cost will be reduced. Should the Contractor fail to achieve the schedule, project's completion would be extended accordingly, resulting in additional inspection time and cost

If you have any questions regarding the proposal, do not hesitate to contact me at (951) 372-9196.

Sincerely,
Krista Harper, P.E.

Principal Engineer
HARPER & ASSOCIATES ENGINEERING, INC.

CONSULTING ENGINEERS
1240 E. Ontario Ave., Ste. 102-312, Corona, CA 92881-8671 Phone (951) 372-9196 Fax (951) 372-9198
City Council Agenda Item Report
Submitted by: Sergio Canales
Submitting Department: Public Works
Meeting Date: December 6, 2022

SUBJECT
Final Parcel Map No. 83466 for Torrance Logistics Company, LLC Recommendation:

A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15315, because the project consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels, the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent; B. Find that Final Parcel Map No. 83466 is in substantial conformance with Tentative Parcel Map No. 83466; and
C. Direct staff to submit Final Parcel Map No. 83466 for Torrance Logistics Company, LLC, located at 2709 37th Street, to the Los Angeles County Recorder for recordation.

Background:

On September 21, 2021, the City Council approved Resolution No. 2021-30 (Attachment 1) approving, with conditions, Tentative Parcel Map No. 83466 for Torrance Logistics Company, LLC (Torrance Logistics), to subdivide property located at 2709 37th Street in conformance with the City’s subdivision ordinance and the Subdivision Map Act. The project entailed the subdivision of an existing lot approximately 16.83 acres into two lots of 13.69 acres and 3.14 acres in conformance with the City Subdivision Ordinance and Subdivision Map Act. Torrance Logistics has completely satisfied the requirements of the Conditions of Approval in Resolution No. 2021-30.

PI Development, LLC on behalf of Torrance Logistics, property owner, has submitted Final Parcel Map No. 83466 for approval (Attachment 2). The Final Parcel Map has been checked and approved by the County of Los Angeles for mathematical accuracy, survey analysis, title information and compliance with the Subdivision Map Act. The Final Map is consistent with the Vernon General Plan, the Subdivision Map Act, and the Vernon Municipal Code. The location of the parcels created by the Final Parcel Map substantially comply with the previously approved Tentative Parcel Map. All conditions of approval related to the parcel map have been satisfied and staff recommends that Final Parcel Map No. 83466 be approved.

Fiscal Impact:

There is no fiscal impact associated with this report.

Attachments:

1. Resolution No. 2021-30

2. Final Parcel Map 83466
RESOLUTION NO. 2021-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
GRANTING TENTATIVE PARCEL MAP NO. 83466 TO TORRANCE

LOGISTICS COMPANY, LLC TO SUBDIVIDE THE PARCEL LOCATED AT 2709 37TH STREET
SECTION 1. Recitals.

A. PI Development, LLC has applied for a tentative parcel map, on behalf of the property owner of 2709 37th Street, Torrance Logistic Company, LLC (collectively the “Applicant”).

B. Applicant has submitted Tentative Parcel Map No. 83466 (“Parcel Map”) consisting of two Parcels located at 2709 37th Street.

C. Parcel 1 contains approximately 596,342 square feet, or 13.69 acres of land and has approximately 393.3 feet frontage on 37th Street. Parcel 2 contains approximately 136,664 square feet, or 3.14 acres of land and has approximately 290.8 feet frontage on 37th Street and 377.7 feet frontage on Soto Street.

D. Combined Parcels 1 and 2 are approximately 733,006 square feet, or 16.83 acres.

E. 37th Street and Soto Street are both of adequate size to handle the traffic generated from the proposed Project.

F. The domestic and industrial waste from the proposed Project will be discharged into the City of Vernon sewer system in accordance with the Los Angeles County Sanitation District’s ordinance and will not result in violation of existing requirements as described by the Los Angeles Water Quality Control Board.

G. The proposed Project site is surrounded by industrial and warehousing uses that are compatible with the proposed Project. The Project site is located in the (C2) Commercial Overlay District and the (T) Truck and Freight Terminal Overlay District of the I-Zone of the City, and is designated as “Industrial” by the City of Vernon General Plan and Zoning Map.

H. The Project is categorically exempt from review under the California Environmental Quality Act ( CEQA) in accordance with Section 15315, Class 15 “ Minor land division of industrial property into four or fewer parcels”, of the CEQA guidelines, because the proposed division of property is in an area zoned “Industrial,” it is in conformance with both the City of Vernon General Plan and the City of Vernon Zoning Code. Additionally, no variances or exceptions are required for the proposed Project, all services and access to the proposed Project meet the City of Vernon Code standards. Finally, the Project site was not involved in a division of a larger parcel within the previous two years, and the Project site does not have an average slope greater than 20 percent. Therefore, a Notice of Exemption will be filed with the County Clerk’s office.

Resolution No. 2021-30

I. The City Council has received a Staff Report, dated September 21, 2021, and written and oral supporting evidence upon which it has relied in making the foregoing recitals.

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 City Council of the City of Vernon hereby finds that the Project is categorically exempt from the California Environmental Quality Act pursuant to Guideline 15315 for the reasons set forth above.

SECTION 4. The Tentative Parcel Map No. 83466 is hereby granted to Applicant to subdivide 16.83 acres into two parcels located at 2709 37th Street, subject to the following conditions:
a. Applicant shall regrade the subject parcels to ensure that drainage from both parcels drain independently into the storm drain and does not cross property lines or onto the railroad right-of-way. Applicant shall ensure that all drainage is treated in accordance with NPDES Standards before entering the public right-of-way. Prior to grading, Applicant shall implement a Stormwater Pollution Prevention Plan. During grading, Applicant shall ensure frequent watering of the soil on the Project site, to the satisfaction of the Director of Public Works, and in accordance with South Coast Air Quality Management District standards. b. Applicant shall independently serve each parcel with utilities. Any utility crossing the property line shall be terminated. No cross-lot surface drainage shall occur between Parcels 1 and 2 of Tentative Parcel Map No. 83466.
c. Applicant shall completely remove any abandoned utilities and utility vaults adjoining the subject parcels.
d. Applicant shall provide an electrical easement to the City of Vernon for all future City light and power electrical lines and facilities serving power to any buildings located on the Project site.
e. As part of the future site development, defined as vertical construction of a building or permanent structure, Applicant shall dedicate to the City portions of land adjoining the subject parcels in order to widen 37th Street, Soto Street and the Northwest corner of 37th and Soto in accordance with the City of Vernon’s Master Plan of Streets. The corner radius at property line shall be 52-feet.
f. Applicant shall pave and stripe the parking lot, loading areas, and fire roads in accordance with City of Vernon Standards.

Resolution No. 2021-30

g. As is required by the Los Angeles County Fire Department, Applicant shall install one (1) new public fire hydrant on Parcel 1 of Tentative Parcel Map No. 83466 as shown on the plan attached herewith as Exhibit “A”. The required fire flow shall be 1,750 gallons per minute (“GPM”) at 20 pounds per square inch (“PSI”) for two (2) hours. The Applicant shall ensure that vehicular access be provided and maintained serviceable throughout construction.

The new public fire hydrant shall be tested and accepted prior to construction. All required fire hydrants shall be installed, tested and accepted or bonded prior to Final Map approval. Water improvement plans for the required new public fire hydrant shall be submitted from the local water purveyor through epicla.lacounty.gov for review and approval prior to installation. h. Applicant shall comply with all other applicable state, federal and local laws and regulations.

SECTION 5. 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 21st day of September, 2021.

MELISSAYBARRA, Mayor
ATTEST:

LISA POPE, City Clerk
seal)
APPROVED AS TO FORM:

ZAYNAH N. MOUSSA,
Interim City Attorney
I CERTIFY THAT THE FOREGOING RESOLUTION NO. 2021-30 was passed and adopted by the City Council of the City of Vernon at the Regular meeting on September 21, 2021 by the following vote:

AYES: 5 Council Members: Larios, Lopez, Merlo, Davis, Ybarra NOES: 0
ABSENT: 0
ABSTAIN: 0
LISA POPE, City Clerk
seal)
Resolution No. 2021-30

City Council Agenda Item Report
Agenda Item No. COV-721-2021
Submitted by: Jazmine Hooks
Submitting Department: Public Works
Meeting Date: September 21, 2021

SUBJECT
Tentative Parcel Map No. 83466 for Torrance Logistics Company, LLC Located at 2709 East 37th Street
Recommendation:

A. Find that the proposed action is categorically exempt from the California Environmental Quality Act CEQA) under Section 15315, Class 15 “Minor land division of industrial property into four or fewer parcels,” of the CEQA guidelines, because the proposed division of property is in an area zoned Industrial, it is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. Therefore, a Notice of Exemption will be filed with the County Clerk’s office; and
B. Adopt Resolution No. 2021-30 granting Tentative Parcel Map No. 83466 to Torrance Logistics Company, LLC to subdivide the parcel located at 2709 East 37th Street.

Background:

PROJECT
PIDevelopment, LLC on behalf of Torrance Logistics Company, LLC, property owner (Applicant), has submitted Tentative Parcel Map No. 83466 (Parcel Map) to subdivide an existing lot into two (2) lots located at 2709 37th Street (Project). The details of the proposed parcels are as follows:

Parcel 1
Lot Square Feet: 596,342
Acreage: 13.69
Buildings: 6
Building Sq. Ft.: 65,768
Parcel 2
Lot Square Feet: 136,664
Acreage: 3.14
Buildings: 5
Building Sq. Ft.: 15,250
Total
Lot Square Feet: 733,006
Acreage: 16.83
Buildings: 11
Building Sq. Ft.: 81,018
Additionally, Parcel 1 has an approximate 393.3’ frontage on 37thStreet while Parcel 2 has approximate 290.8’ and 377.7’ frontages on 37th Street and Soto Street, respectively. The Applicant also plans to demolish the buildings, modify the utilities, and repave/stripe the lot for trailer parking.

Per the City’s Master Plan of Streets, 37th Street and Soto Street are required to be 100 feet wide with 8-foot sidewalks along the frontage of the subject site. As a condition of approval, the applicant will be required at the time of future site development, defined as vertical construction of a building or permanent structure, to widen the sidewalk along 37th Street and Soto Street, including the curb return in accordance with the City of Vernon Master Plan of City Streets. 37thStreet and Soto Street are of adequate size to handle the traffic generated from the proposed use.

The proposed Project site is surrounded by industrial and warehousing uses that are compatible with the proposed use. Water and sewer services for the Project site will continue to be provided by the City of Vernon. The domestic and industrial waste from the proposed Project will be discharged into the City’s sewer system. The discharge will be in accordance with County Sanitation District’s ordinance and will not result in violation of existing requirements as described by the Los Angeles Water Quality Control Board (Sec. 66474.6). A soils report was previously prepared for the site and no expansive soil or other soil issues were found.

ZONING AND GENERAL PLAN CONSISTENCY
The proposed Project site is located in the (C2) Commercial Overlay District and the (T) Truck and Freight Terminal Overlay District of the I-Zone of the City, and is designated as “Industrial” by the City of Vernon General Plan. The Project site will not change and the subdivision of the parcel will comply with all applicable policies and procedures, including the City’s Zoning Code and Subdivision Ordinance.

CEQA DETERMINATION AND ENVIRONMENTAL CONSIDERATIONS
The proposed Project site is surrounded by industrial and warehousing uses that are compatible with the proposed Project. The Project is categorically exempt from review under the California Environmental Quality Act (CEQA) in accordance withSection 15315, Class 15 “Minor land division of industrial property into four or fewer parcels”, of the CEQA guidelines, because the proposed division of property is in an area zoned “industrial,” it is in conformance with both the City of Vernon General Plan and the City of Vernon Zoning Code. Additionally, no variances or exceptions are required for the proposed Project, and as detailed above, all services and access to the proposed Project meet the City of Vernon Code standards. Finally, the Project site was not involved in a division of a larger parcel within the previous two (2) years, and the Project site does not have an average slope greater than 20 percent.

Therefore, a Notice of Exemption will be filed with the County Clerk’s office.

CONDITIONS
It is recommended that the Parcel Map be approved with the following conditions:
a. Applicant shall regrade the subject parcels to ensure that drainage from both parcels drain independently into the storm drain and does not cross property lines or onto the railroad right-of-way.

Applicant shall ensure that all drainage is treated in accordance with NPDES Standards before entering the public right-of-way. Prior to grading, Applicant shall implement a Stormwater Pollution Prevention Plan. During grading, Applicant shall ensure frequent watering of the soil on the Project site, to the satisfaction of the Director of Public Works, and in accordance with South Coast Air Quality Management District standards.
b. Applicant shall independently serve each parcel with utilities. Any utility crossing the property line shall be terminated. No cross-lot surface drainage shall occur between Parcels 1 and 2 of Tentative Parcel Map No. 83466.
c. Applicant shall completely remove any abandoned utilities and utility vaults adjoining the subject parcels.
d. Applicant shall provide an electrical easement to the City of Vernon for all future City light and power electrical lines and facilities serving power to any buildings located on the Project site. e. As part of the future site development, defined as vertical construction of a building or permanent structure, the Applicant shall dedicate to the City portions of land adjoining the subject parcels in order to widen 37thStreet, Soto Street and the Northwest corner of 37th and Soto in accordance with the City of Vernon’s Master Plan of Streets. The corner radius at property line shall be 52-feet. f. Applicant shall pave and stripe parking lot, loading areas, and fire roads in accordance with City of Vernon Standards.
g. As is required by the Los Angeles County Fire Department, the Applicant shall install one (1) new public fire hydrant on Parcel 1 of Tentative Parcel Map No. 83466 as shown on the plan attached herewith as Exhibit “A”. The required fire flow shall be 1,750 GPM @ 20 PSI for two (2) hours. The Applicant shall ensure that vehicular access be provided and maintained serviceable throughout construction. The new public fire hydrant shall be tested and accepted prior to construction. All required fire hydrants shall be installed, tested, and accepted or bonded prior to Final Map approval. Water improvement plans for the required new public fire hydrant shall be submitted from the local water purveyor through epicla.lacounty.gov for review and approval prior to installation.

Fiscal Impact:

There is no fiscal impact associated with this report.

Attachments:

1. Resolution No. 2021-30

Δ Δ PARCEL 2 PARCEL 1 PARCEL 1 PARCEL 2
City Council Agenda Item Report
Submitted by: Lissette Melendez
Submitting Department: Public Works
Meeting Date: December 6, 2022

SUBJECT
Grant Deed Dedicating in Fee a Portion of the Property Located at 4201 Fruitland Avenue Recommendation:

A. Find that accepting the Grant Deed is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301(c) because acceptance of the grant deed for public right-of-way purposes is not a “project” that may have a significant effect on the environment; and
B. Adopt Resolution No. 2022-44 accepting the Grant Deed of a portion of the property located at 4201 Fruitland Avenue (APN 6304-027-025).

Background:

As part of the property development project at 4201 Fruitland Avenue, the property owner is required to meet the right-of-way street widths dictated by the City's Master Plan of Streets.

This Grant Deed from Southland Box Company, a California corporation, dedicates to the City of Vernon in fee simple title, a portion of the property at 4201 Fruitland Avenue (Assessor’s Parcel Number 6304-027-025). The dedication is approximately 2,258 square feet in size, located on the West side of Maywood Avenue and the South side of District Boulevard. The improvements along the frontage will meet requirements of the City of Vernon’s Master Plan of Streets. This dedication will increase the width of the sidewalk along Maywood Avenue and along District Boulevard at 4201 Fruitland Avenue.

The Certificate of Acceptance has been approved as to form by the City Attorney’s Office.

Fiscal Impact:

There is no fiscal impact associated with this report.

Attachments:

1. Resolution No. 2022-44

2. Grant Deed - 4201 Fruitland

3. Certificate of Acceptance - 4201 Fruitland
RESOLUTION NO. 2022-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON

ACCEPTING THE GRANT DEED OF A PORTION OF THE PROPERTY
LOCATED AT 4201 FRUITLAND AVENUE (APN 6304-027-025)
SECTION 1. Recitals.

A. Southland Box Company (Grantor) has agreed to dedicate in fee a portion of the real property commonly known as 4201 Fruitland Avenue in the City of Vernon, approximately 2,258 square feet in size, located on the west side of Maywood Avenue and the south side of District Boulevard, Assessor’s Parcel Number 6304-027-025 (Property).

B. Grantor has delivered to the City a grant deed dated November 8, 2022 (Grant Deed), dedicating in fee the Property to the City.

C. The dedication is required as part of the new parcel development and will meet the City of Vernon’s Master Plan of Streets. The new right-of-way will be used for street and sidewalk purposes.

D. By memorandum dated December 6, 2022, the Director of Public Works has recommended that the City accept the Grant Deed and approve the execution of the Certificate of Acceptance.

E. The City Council of the City of Vernon has determined that acceptance of the Grant Deed would be in the public interest.

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 City Council of the City of Vernon hereby finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines Section 15301(c) because acceptance of the grant deed for public right-of-way purposes is not a “project” that may have a significant effect on the environment.

SECTION 4. The City Council of the City of Vernon hereby accepts that certain Grant Deed executed by Southland Box Company dated November 8, 2022, and authorizes execution of the Certificate of Acceptance.

SECTION 5. The City Council of the City of Vernon hereby directs the City Resolution No. 2022-44

_______________________
Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the actions herein approved or authorized.

SECTION 6. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

APPROVED AND ADOPTED December 6, 2022.
________________________
LETICIA LOPEZ, Mayor
ATTEST:

LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:

ZAYNAH N. MOUSSA, City Attorney

RECORDING REQUESTED BY
and
WHEN RECORDED MAIL TO:

City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attn: City Clerk
MAIL TAX STATEMENTS TO:

Exempt
SPACE AI30VE THIS LINE RESERVED FOR RECORDER'S USE

GRANT DEED
APN: 6304-027-025
DOCUMENTARY TRANSFER TAX IS NONE —NOT REQUIRED SEC. 11922

REVENUE TAXATION
~—
CODE.

FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY

ACKNOWLEDGED,
Southland Box Company, a California corporation (the "Grantor") HEREBY GRANTS) TO:

City of Vernon, a body corporate and politic (the "Grantee") That certain real property (the "Conveyed Property"), as described in Exhibit "A" attached hereto and incorporated herein by this reference, and as more particularly shown on the map attached hereto as Exhibit "B" and incorporated herein by this reference. The Conveyed Property is a portion of the property owned in fee simple by the Grantor. The property is located in the City of Vernon, County of Los Angeles, State of California.

Date: NOVer~~ , 2022
Southland Box Company, a California corporation
"Grantor"
Name, Ti e
1 ~~~
Signature
~~- l , j CUD ~C~ ~~
Name, Title
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of
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(Insert Name of Notary Public and Title
personally appeared ~--{ ~ ~~ ~~ ~,q ~C;~~' ~
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who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/ re ubscribed to the within instrument and acknowledged to me that he/she,~.'~e~ executed the same in his/her/t~~ authorized capacity(ies), and that by his/h t eir signatures) on the instrument the person(s), or the entity upon behalf on which the persons) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.

WITNES
Signature (Seal)
„:. y~~~•~~~~~ Ty AUSTIN G. OOMG '. -.....: ~ FI.
~ V ~ ~ Notary Public -California =
~~L~ = los Angeles County ;
Y` ~° Commission ~ 2323051
`'~~~~""~~ My Comm. Expires Apr 3. 2024
APN: fi304-027-025 EXHIBIT ~~/y ~~
SHEET i OF 1
R1GHT OF WAY DEDICATION
DISTRICT BOULEVARD AND MAYW000 AVENUE

LEGAL DESCRIPTION
TWO (2) STRIPS OF LAND OVER PORTIONS OF LOT 'A " OF CERTIFICATE OF COMPLl.4NCE FOR VOLUNTARY LOT MERGER, IN THE CITY OF l/ERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER DOCUMENT RECORDED APRIL 25, 2019 AS /NSTRUMENT N0. 20190372488, OF OFFICIAL RECORDS OF SA1D COUNTY, DESCRIBED AS FOLLOWS.• STR/P NO. 1:

THAT PORTION OF SAID LOT ';4" LYING NORTHERLY OF THE WESTERLY PROLONGATION OF rH.4 T CERTAIN SOUTHERLY CURVED LINE OF PARCEL 1 HA VING A RADIUS OF 290.00

FEET AS SHOWN AND DESCRIBED IN GRANT DEED TO THE CITY OF I/ERNON, AS PER DOCUMENT RECORDED MAY 20, 2019 AS INSTRUMENT NO. 20190457939, OF OFFIC/AL RECORDS OF SAID COUNTY.

STRIP NO. 1 CONTAINS• 47 SQUARE FEET.

STR/P NO. 2.•
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2 OF SAID GRANT DEED TO THE C/TY OF l/ERNON, SAID CORNER ALSD BEING THE MOST EASTERLY LINE OF SAID LOT 'A'; THENCE ALONG SAID MOST EASTERLY LINE, SOUTH OT 12' 45" WEST, 451.55 FEET,• THENCE AT R/GHT ANGLES TO SA/D MOST EASTERLY L/NE, NORTH 82' 47' 15" WEST,

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THENCE ALONG SAID PARALLEL LINE, NORTH 07' 12' 45" EAST, 451.55 FEET TO THE MOST SOUTHERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID MOST SOUTHERLY LINE OF PARCEL 2, SOUTH 82' 47' 15" EAS7;

5.00 FEET TO THE POINT OF BEGINNI/VG.

STRIP ND. 2 CONTAINS• 2,258 SQUARE FEET OR 0.05 ACRES MORE OR LESS SUBJECT TO COl/ENANTS', CONDITIONS, RESTRICTIONS, RIGHTS—OF—WAY AND EASEMENTS OF RECORD, lF ANY.

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02 INDICATES PARCEL 2 OF PROPERTY GR4NTE0
TO THE CITY OF I/ERNON, RECORDED MAY 20,
2019 AS INST. N0. 20190457939, O.R.

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DISTRICT BOULEI/ARD AND MAYWOOD AVENUE

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INDICATES PROPERTY GR.4NTE0 TO NOTE.' THE CITY OF I/ERNON.

STRIP ND. 1 CONTAINS.• 47 SQ. fT.

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LINE # LENGTH BEARING
L1 16.21 S 82'4715" E
L2 1.80' S 00'50'02" E
L3 290.00 N 00'4934" E
L4 4.11 ~ N OT12~45" E
L5 5.00 S 82'47'15" E
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V 451.55 S 07'12'45" W
L8 5.00 ~ N 82'47' 15" W
L9 451.55' N 07'12'45" E
L10 5.00' S 82'47' 15" E

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CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that interests in real property conveyed to or created in favor of the City of Vernon by that certain Grant Deed dated November 8, 2022, executed by Southland Box Company, a California corporation hereby accepted by the undersigned officer on behalf of the City pursuant to the authority conferred by Resolution No. 2022-XX by the City Council of the City of Vernon on December 6, 2022, and the grantee consents to recordation thereof by its duly authorized officer.

Dated: ____________, 2022

CITY OF VERNON
LETICIA LOPEZ, Mayor
ATTEST:

LISA POPE, City Clerk
APPROVED AS TO FORM:

ZAYNAH N. MOUSSA,
City Attorney
City Council Agenda Item Report
Submitted by: Veronica Petrosyan
Submitting Department: Health and Environmental Control Department Meeting Date: December 6, 2022

SUBJECT
Amendment No. 1 to the Solid Waste Nonexclusive Franchise Agreement Recommendation:

A. Introduce and conduct the first reading of Ordinance No. 1289 to Grant Amendment No. 1 to the Nonexclusive Franchise Agreement for Commercial Solid Waste Collection; and B. Direct staff to schedule second reading and adoption for the December 20, 2022 City Council meeting.

Background:

The State of California has found and declared that the amount of Solid Waste generated in California, coupled with diminishing disposal capacity and interest in minimizing potential environmental impacts from landfilling and the need to conserve natural resources, have created an urgent need for State and local agencies to enact and implement aggressive integrated waste management programs. The Short-Lived Climate Pollutants Bill of 2016 (SB 1383), establishes regulatory requirements for jurisdictions, generators, haulers, solid waste facilities, and other entities to support the achievement of State-wide organic waste disposal reduction targets. In addition, SB 1383 requires the City to implement collection programs, meet processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements.

To ensure compliance SB 1383 Regulations, on February 1, 2022, the City adopted Ordinance No. 1278 adding Municipal Code Chapter 8.14 to include SB 1383 requirements. In addition, the City manages solid waste collection services and delegates some of its responsibilities to solid waste haulers through nonexclusive franchise agreements. Effective January 1, 2015, the City entered into nonexclusive franchise agreements, for the following solid waste haulers, which expire on December 31, 2024:

AAA Rubbish, Inc
AM Disposal, Inc.

American Reclamation, Inc.

Athens Disposal Company, Inc.

Consolidated Disposal Services, LLC DBA Republic Services CR&R Incorporation
GB Rubbish & Rolloff Services
Haul-Away Rubbish Company, Inc.

Key Disposal Company, Inc.

Nasa Services, Inc.

Serv-Wel
Universal Waste Systems, Inc.

Valley Vista Services
Ware Disposal Company, Inc.

Waste & Recycling Systems, Inc. Waste Management of California, Inc.

Therefore, the City must amend the current nonexclusive franchise agreements to incorporate the SB 1383 Requirements and ensure consistency with Municipal Code Chapter 8.14.

The proposed amendment to the franchise agreements does several things:

Amends and adds new defined terms to the franchise agreement so that the language of the agreement is consistent with the SB 1383 Regulations and Municipal Code Chapter

8.14. Adds language requiring all franchisees to offer two-container collection services in accordance with Municipal Code Chapter 8.14 to solid waste generators in the City. The proposed amendment also authorizes franchisees to, at the request of a solid waste generator, offer three-container collection services in accordance with SB 1383 Regulations.

Adds language regarding contamination monitoring as required by SB 1383 Regulations and Municipal Code Chapter 8.14.

Adds language regarding the delivery and replacement of containers used by solid waste generators in accordance with the SB 1383 Regulations and Municipal Code Chapter 8.14.

Requires that franchisees provide the City with information concerning the solid waste handling rates charged to their customers. This will enable the City to provide helpful information to solid waste generators that contact the City regarding the process of signing up for solid waste handling services within the City.

Requires that franchisees that operate a high diversion waste processing facility for the processing of mixed waste to provide information to the City regarding rates and fees charged for the processing of mixed waste by third parties.

Adds language to address the obligations of the franchisee concerning education and outreach in accordance with SB 1383, the maintenance of records, inspections and enforcement, and the solid waste generator waiver program.

The proposed amendment to the franchise agreement requires that the franchisee take all reasonable steps to begin implementing organic waste collection and processing services during 2023 and that the services be available by or before January 1, 2024. Franchisees unable to meet the deadlines set forth in the proposed amendment to the franchise agreement will be subject to code enforcement actions in accordance with Municipal Code Chapter 8.14.

Fiscal Impact:

There is no fiscal impact associated with this ordinance. Franchisee will continue to pay to the City a franchise fee equal to ten percent (10%) of the Franchisee's gross receipts as set forth in their agreement.

Attachments:

1. Ordinance No. 1289
ORDINANCE NO. 1289

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING AMENDMENT NO. 1 TO NONEXCLUSIVE

FRANCHISE AGREEMENTS FOR COMMERCIAL SOLID WASTE

COLLECTION FOR ORGANIC WASTE SERVICE AND RESIDENTIAL

SERVICES
SECTION 1. Recitals.

A. The City of Vernon (City) is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California.

B. The City Council of the City of Vernon is authorized by City Charter Section 8.9 to grant a franchise in the City of Vernon to any person, firm, corporation, or other entity and to set terms, conditions, restrictions and limitations by ordinance.

C. Effective January 1, 2015, the City Council entered into Nonexclusive Franchise Agreements for Commercial Solid Waste Collection with various haulers.

D. On February 1, 2022, the City Council adopted Ordinance No. 1278, adding Chapter 8.14 to the Vernon Municipal Code to implement the requirements of Senate Bill 1383, the Short-Lived Climate Pollutants Bill of 2016, and regulate organic waste disposal reduction.

E. In order to incorporate the provisions of Municipal Code Chapter 8.14 in the City’s existing nonexclusive solid waste franchise agreements, Amendment No. 1 is necessary.

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 grants Amendment No. 1 to the Nonexclusive Franchise Agreements for Commercial Solid Waste Collection with existing franchisees: AAA Rubbish, Inc; AM Disposal, Inc.; American Reclamation, Inc.; Athens Disposal Company, Inc.; Consolidated Disposal Services, LLC DBA Republic Services; CR&R Incorporation; GB Rubbish & Rolloff Services; Haul-Away Rubbish Company, Inc.; Key Disposal Company, Inc.; Nasa Services, Inc.; Serv-Wel; Universal Waste Systems, Inc.; Valley Vista Services; Ware Disposal Company, Inc.; Waste & Recycling Systems, Inc.; and Waste Management of California, Inc., in substantially the same form as attached as Exhibit A.

SECTION 4. Any ordinance or parts of an ordinance in conflict with this ordinance are hereby repealed.

Ordinance No. 1289

_______________________
SECTION 5. 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 6. 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 7. The City Clerk shall certify the adoption and publish this ordinance as required by law.

SECTION 8. This ordinance shall become effective after the thirtieth day following its adoption.

APPROVED AND ADOPTED _____, 2022.
_____________________
LETICIA LOPEZ, Mayor
ATTEST:
________
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
_____________________________
ZAYNAH N. MOUSSA, City Attorney

FIRST AMENDMENT TO NONEXCLUSIVE FRANCHISE

AGREEMENT FOR COMMERCIAL SOLID WASTE COLLECTION
BETWEEN THE CITY OF VERNON AND _________________ TO

PROVIDE FOR ORGANIC WASTE SERVICE AND RESIDENTIAL

SERVICES
This First Amendment to Nonexclusive Franchise Agreement for Commercial Solid Waste Collection Between the City of Vernon and _________________ to provide for Organic Waste Services and Residential Services (“First Amendment”) is entered into this ___ day of ____________, 20__ by and between the City of Vernon, a California charter city and municipal corporation (“City”) and ____________________ (“Franchisee”).

RECITALS
WHEREAS, on or about _________, 20__, the City and Franchisee entered into Nonexclusive Franchise Agreement for Commercial Solid Waste Collection (“Agreement”); and, WHEREAS, the State of California has found and declared that the amount of Solid Waste generated in California, coupled with diminishing disposal capacity and interest in minimizing potential environmental impacts from landfilling and the need to conserve natural resources, have created an urgent need for State and local agencies to enact and implement aggressive integrated waste management programs. The State has, through enactment of the California Integrated Waste Management Act of 1989 (AB 939) (California Public Resources Code Section 40000, et seq.) and subsequent related legislation including, but not limited to: the Jobs and Recycling Act of 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed the responsible State agency, and all local agencies, to promote a reduction in landfill disposal and to maximize the use of feasible waste reduction, reuse, recycling, and composting options in order to reduce the amount of material that must be disposed; and, WHEREAS, SB 1383 establishes regulatory requirements for jurisdictions, Generators, haulers, solid waste facilities, and other entities to support achievement of State-wide organic waste disposal reduction targets; and
WHEREAS, regulations implementing SB 1383 require the City to implement Collection programs, meet processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements; and, the City has chosen to delegate some of its responsibilities to the Franchisee, acting as the City’s designee, and Franchisee desires to take on these responsibilities; and
WHEREAS, City and Franchisee desire to amend the Agreement to provide for organic waste services for commercial and residential premises as set forth herein.

Ordinance No. 1289

________________________
2 OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment as follows:

1. DEFINED TERMS.

1.1 Section 2 (Definitions) of the Agreement is amended to add or amend, as applicable, the following definitions:
“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).
“Blue Container or Lid” 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 (SSBCOW). A Blue Container can come in the form of a Cart, Bin, or Rolloff. “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR, Division 7, Chapter 12” refers to Title 14, Division 7, Chapter 12 of the California Code of Regulations).
“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 jurisdictions and other regulated entities. “City Code” means the Municipal Code and ordinances of the City of Vernon. "Collect" or "Collection" or “Collected” shall mean to take physical possession of, transport, and remove Solid Waste from a Premises.
"Container" means any and all types of Solid Waste receptacles, including Blue Containers, Grey Containers, and/or Green Containers, as well as all Carts and Bins, and Rolloff Boxes.
“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 multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.” “Commercial Edible Food Generators” includes Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators, or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators, or as otherwise specified by 14 CCR Section 18982(a)(7).

Ordinance No. 1289

________________________
3 “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).
“Diversion (or any variation thereof including “Divert”)” means activities which reduce or eliminate Discarded Materials from Disposal, including, but not limited to, source reduction, Reuse, salvage, Recycling, and composting.
“Edible Food” means food intended for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement.
“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) 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 Franchisee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Franchisee or City 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. “Facility” or “System Facility” or “Solid Waste Facility” means a Solid Waste Facility, as defined in Public Resources Code section 40194, that for the purposes of this Agreement is designated by the City to be used by the Franchisee for the processing, recovery and/or disposal of Solid Waste, including Recyclable Materials and Organic Waste. “Food Recovery” means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). “Food Recovery Organization” means an entity that primarily 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, including, but not limited to:

A. A food bank as defined in Section 113783 of the Health and Safety Code; B. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
C. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs Ordinance No. 1289

________________________
4 from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Agreement.
“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). “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.]
“Food-Soiled Paper” means 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.
“Food Waste” means Source Separated Food Scraps, Food-Soiled Paper, and Compostable Plastics. Food Waste is a subset of SSGCOW. Edible Food separated for Food Recovery shall not be considered Food Waste.
“Generator” means the owner or occupant of any Premises, including Commercial Premises, Single-family Residential Premises, Multifamily Residential, which initially produces Solid Waste, including Recyclable Materials and Organic Waste. “Gray Container or Lid” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and Collection of Gray Container Waste. A Gray Container can come in the form of a Cart, Bin, or Rolloff.
“Gray Container Waste” means Solid Waste that is Collected in a Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). [Gray Container Waste may specifically include carpet, and textiles.] “Green Container or Lid” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and Collection of Source Separated Green Container Organic Waste (SSGCOW). A Green Container can come in the form of a Cart, Bin, or Rolloff. “Hauler Route(s)” means the designated itinerary or sequence of stops for each segment of the City’s Collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). “High Diversion Organic Waste Processing Facility” means a High Diversion Organic Waste Processing Facility as defined in 14 CCR Section 18982(a)(33). “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 Ordinance No. 1289

________________________
5 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Agreement.
“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 14 CCR, Division 7, Chapter 12 and this Agreement, 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 14 CCR, Division 7, Chapter 12 and this Agreement, 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 Agreement.
“Mixed Waste” means Mixed Waste Organic Collection Stream and Solid Waste Collected in a Container that is required by 14 CCR Sections 18984.1, 18984.2, or 18984.3 to be Transported to a High Diversion Organic Waste Processing Facility. “Mixed Waste Organic Waste Collection Stream” means Organic Waste Collected in a Container that is required by 14 CCR Sections 18984.1, 18984.2, or 18984.3 to be Transported to a High Diversion Organic Waste Processing Facility, or as otherwise defined in 14 CCR Section 17402(a)(11.5).
“Multifamily residential dwelling” or “multifamily” means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
“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).
“Non-organic recyclables” or “Recyclable Material” means non-putrescible and nonhazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). Non-Organic Recyclables are a subset of Source Separated Recyclable Materials.
“Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, Yard Trimmings, 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 in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.
“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).

Ordinance No. 1289

________________________
6 “Performance-based Compliance Approach” means the method of complying with the SB 1383 Regulations through implementation of a Collection system, programs, and policies in accordance with 14 CCR, Division 7, Chapter 12, Article 17, or as otherwise defined by 18982(a)(52.5), and all associated requirements.
“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).
“Process” or “Processing” means the controlled separation, recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20). “Prohibited Container Contaminants” means the following in the context of the threecontainer system: (i) Discarded Materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Blue Container; (ii) Discarded Materials placed in the Green Container that are not identified as acceptable SSGCOW for the City’s Green Container; (iii) Discarded Materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or SSGCOW to be placed in City’s Green Container and/or Blue Container; and (iv) Excluded Waste placed in any Container. “Prohibited Container Contaminants” means the following in the context of the twocontainer system: (i) Discarded Materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for Jurisdiction’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 Jurisdiction’s Blue Container; and, (iii) Excluded Waste placed in any Container. “Rate Sheet” means a document prepared by a Franchisee listing the fees and costs charged to a Generator for the provision of solid waste handling services by the Franchisee. The Rate Sheet shall include all fees and costs associated with the two-container program, threecontainer program (if available), and any additional services offered by the Franchisee to Generators within the City, including, but not limited to, bulky items services, construction and demolition clean up services, container replacement, and special services. “Recycle” or “Recycling” means the process of Collecting, sorting, cleansing, treating, and reconfiguring materials for the purpose of returning them to the economic mainstream in the form of raw material for new, Reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. Recycling includes processes deemed to constitute a reduction of Landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.

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7 “Reuse” or any variation thereof, means the use, in the same, or similar, form as it was produced, of a material which might otherwise be discarded, or as otherwise defined in 14 CCR Section 17402.5(b)(2).
“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.
“SB 1383 Regulations” or “SB 1383 Regulatory” refers to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.
“Service Level” refers to the number and size of a Generator’s Container(s) and the frequency of Collection service, as well as ancillary services such as lock/unlock service, Container push/pull service, etc.
“Single-family” means of, from, or pertaining to any residential premises with fewer than five units.
“Solid Waste” has the same meaning as defined in PRC 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 semisolid 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 PRC Section 40141.
(2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code). (3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14, commencing with Section 117600, of Division 104 of the Health and Safety Code).

Untreated medical waste shall not be disposed of in a solid waste Landfill, as defined in PRC Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to PRC, Division 30.

As used in this Agreement, Solid Waste includes Organic Waste and Recyclable Materials, unless the context clearly indicates otherwise. “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 Ordinance No. 1289

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8 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 Agreement, 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 Gray Container Waste and other Solid Waste for the purposes of Collection and Processing. “Source Separated Blue Container Organic Waste” or “SSBCOW” 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).
“Source Separated Green Container Organic Waste” or “SSGCOW” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate Collection of Organic Waste by the Generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles. “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and SSBCOW.
“Source Separated Recyclable Materials Processing Facility” means the Facility, that is a Source Separated Recyclable Materials Processing Facility and was Franchisee selected and Jurisdiction approved.
“Standard Compliance Approach” means the method for complying with the SB 1383 Regulations through implementation of a Collection system pursuant to 14 CCR, Division 7, Chapter 12, Article 3, and all associated program and policy requirements. “Three (3) Container Collection Program” means the Collection of solid waste, source separated recyclable materials and organic waste as defined in this Amendment shall be Collected in three separate containers and delivered to the appropriate facilities for processing. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Supermarket.

B. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

C. Food Service Provider.

D. Food Distributor.

E. 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 Agreement.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

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9 A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

B. Hotel with an on-site food facility and 200 or more rooms.

C. Health facility with an on-site food facility and 100 or more beds.

D. Large Venue.

E. Large Event.

F. 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.

G. A local education agency 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 Agreement.
“Transfer” means the act of transferring Discarded Materials Collected by Contractor from Contractor’s Collection vehicles into larger vehicles at a Transfer Facility for Transport to other Facilities for Processing or Disposing of such materials. Transfer allows for removal of materials excluded or prohibited from handling at the Transfer Facility (e.g., removal of Hazardous Waste).
“Transfer Facility” means the Facility that is a Transfer Facility and was Contractor selected and Jurisdiction approved.
“Two (2) Container Collection Program” means the Collection of solid waste and organics in one container and source separated recyclable materials in one container thereby creating a two container system. The waste and organics container is required to be processed at a High Diversion Organic Waste Processing Facility as defined in 14 CCR Section 18982(a) (33).
“Yard Trimmings” means types of SSGCOW resulting from normal yard and landscaping installation, maintenance, or removal that the Generators Source Separate and set out in Green Containers for Collection for the purpose of Processing by the Franchisee.

2. REPLACEMENT OF TERMS.

2.1 Section 2 (Definitions) of the Agreement is amended to delete the definition of “Special Waste.” All references to “Special Waste” in the Agreement shall be replaced with the term “Excluded Waste.” The term “Excluded Waste” is defined in Section 1.1 of this First Amendment.

2.2 All references to “Large Residential” in the Agreement shall be replaced with “multifamily.” The term “multifamily” is defined in Section 1.1 of this First Amendment.

2.3 All references to “green waste” or “food waste” in the Agreement shall be replaced with “Organic Waste.” The term “Organic Waste” is defined in Section 1.1 of this First Amendment.

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10 3. GRANT OF NONEXCLUSIVE FRANCHISE FOR SOLID WASTE HANDLING SERVICES. The heading of Section 3 and the body of Section 3.1.1 of the Agreement is amended and restated in its entirety as set forth below. All other provisions of Section 3 shall remain unchanged.
“GRANT OF NONEXCLUSIVE FRANCHISE FOR SOLID

WASTE HANDLING SERVICES AND FOR PROVIDING

TEMPORARY SOLID WASTE HANDLING SERVICE

3.1 Scope of Franchise

3.1.1 General Grant.

City hereby grants to Franchisee and Franchisee hereby accepts from City, for the Term, the nonexclusive contract, right, and privilege to Collect, transport, and dispose of Solid Waste generated or accumulated within the Franchise Area. The rights granted pertain to: (1) Solid Waste Handling Services occurring on a regular schedule (such as weekly service) at any Premises in the City, including, Commercial Premises, Multifamily Residential Premises, and Single-family Residential Premises, and (2) Temporary Services, including the Collection of Construction and Demolition Debris, at any Premises in the City. The nonexclusive franchise, right and privilege to provide Solid Waste Handling Services within City granted to Franchisee by this Agreement shall be interpreted to be consistent with all applicable state and federal laws. In the event that future interpretations of current law or future enactments limit the ability of City to lawfully grant Franchisee the scope of services as specifically set forth, Franchisee agrees that the scope of this Agreement will be limited to those services and materials which may be lawfully provided, and that City shall not be responsible for any lost profits claimed by Franchisee as a result thereof.

4. SOLID WASTE HANDLING SERVICES PROVIDED BY FRANCHISEE.

4.1 Subsection 7.4.5 is added to Section 7 (Solid Waste Handling Services Provided by Franchisee) of the Agreement to read as follows:
“Franchisee agrees to coordinate and cooperate with the City to meet its Organic Waste produce procurement target, as required by SB 1383 Regulations, with respect to the Organic Waste Collected by Franchisee under this Agreement. Franchisee shall identify the Facilities to which they will transport Organic Waste, and provide written notice to the City of those on or before July 1 each year during the term of the Agreement, as required by the SB 1383 Regulations”

5. FRANCHISEE’S CONTAINERS. A subsection 7.1.5(H) is added to Section 7.1.5 (Franchisee’s Containers) to read as follows:
“On or before January 1, 2024, Franchisee shall provide all Generators with a sufficient number of Containers to comply with the two-Container Collection Program (or three-container Collection program if requested by the Generator), and/or shall place a label on the body or lid of each Container that has been provided to a Generator that includes language or graphic images, or Ordinance No. 1289

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11 both, that indicate the primary materials accepted and the primary materials prohibited in that container. Labels shall clearly indicate items that are Prohibited Container Contaminants for each container. Prior to ordering labels for containers, Franchisee shall submit a copy of its proposed label, proposed location(s) for placement of labels on each type of container, and its labeling plan to the City for approval. In compliance with this subsection, Franchisee shall use the Franchiseeprovided Collection containers that are currently located at Generators’ premises as of the Effective Date or provide Generators with Collection containers from Franchisee’s current inventory. Franchisee shall use all reasonable efforts to begin complying with these requirements starting January 1, 2023.

No later than January 1, 2036, Franchisee shall provide all Generators with Collection containers that comply with the container color requirements specified in this Agreement or as otherwise specified in the SB 1383 Regulations. If an existing container breaks or is otherwise rendered non-functional on or after January 1, 2024, the Franchisee shall replace the nonfunctional container with a container that complies with the color requirements of the SB 1383 Regulations. Notwithstanding this paragraph, the Franchisee is not required to replace functional containers, including containers purchased prior to January 1, 2024 that do not comply with the color requirements of this Agreement prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

6. ORGANIC WASTE SERVICES. In addition to the terms and provisions of the Agreement, Franchisee shall comply with the terms and provisions and provide the services set forth in Exhibit “A,” attached hereto and incorporated herein.

7. SOLID WASTE HANDLING SERVICES RATES. Within 30 days of the effective date of this Agreement, Franchisee shall provide the City with a copy of its Rate Sheet. Franchisee shall also provide the City with a copy of its Rate Sheet within 15 days of any amendment or change to the Rate Sheet. The City may request a copy of the Rate sheet from the Franchisee at any time, and Franchisee shall provide a copy of the Rate Sheet to the City within 15 days.

8. HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY RATES. If Franchisee operates a High Diversion Organic Waste Processing Facility that it intends to utilize for the processing of mixed waste Collected within the City, upon request of the City, Franchisee shall provide the City with records sufficient to show the rates and fees charged by the Franchisee for the processing of mixed waste from third parties at the High Diversion Organic Waste Processing Facility.

9. INDEMNIFICATION. A new paragraph (B) is added to Section 22 (Indemnification) of the Agreement to read as follows:
(B) Franchisee’s duty to defend and indemnify herein includes payment of all fines and/or penalties imposed by CalRecycle, subject to the restrictions set forth in Public Resources Code Section 40059.1, if the City is unable to meet the diversion requirements of AB 939, AB 341, AB 1826, and/or SB 1383 and corresponding regulations, as determined by CalRecycle, with respect to Solid Waste Collected under this Agreement by Franchisee, and to the extent such failure is: (i) caused by the failure of Franchisee to meet its obligations under this Agreement, or, (ii) caused by Franchisee delays in providing information that prevents Ordinance No. 1289

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12 Franchisee or City from submitting reports required by AB 939, AB 341, AB 1826, and/or SB 1383 and corresponding regulations in a timely manner. The foregoing indemnity is expressly conditioned upon the City’s implementation of required programs or activities, as required by the Applicable Law or as requested by the Franchisee, which are within the City’s authority and ability to implement and which would be effective as a means to increase diversion and maintain compliance with State regulations. The provisions of this paragraph shall survive the termination or expiration of this Agreement.

10. CONFLICTING TERMS. In the event of a conflict between the terms and provisions of the Agreement and this Frist Amendment, the terms and provisions of this First Amendment shall prevail.

11. GENERAL PROVISIONS.

11.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.

11.2 Integration. This First Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment.

11.3 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

11.4 Effective Date. This First Amendment shall become effective upon execution by the Parties.

11.5 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.

11.6 References. All references to the Agreement include all their respective terms and provisions. All terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. Any undefined terms utilized in this First Amendment shall have the same meaning as provided in City Code section 8.14.010 or in the SB 1383 Regulations. In the event of a conflict between a term defined in the Agreement, this First Amendment, the City Code, or the SB 1383 Regulations, the definitions from these sources shall control in the following order: (1) SB 1383 Regulations; (2) City Code Section 8.14.010; (3) First Amendment; (4) Agreement. [Signatures Begin on Next Page].

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13 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date and year first-above written.

CITY OF VERNON, a California charter City
and California municipal corporation
___________________________ Date: _____________________ Carlos Fandino Jr.,
City Administrator
ATTEST:
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Lisa Pope, City Clerk
APPROVED AS TO FORM:
______________________________
Zaynah N. Moussa, City Attorney
FRANCHISEE: _____________________
By: By:

Its: _________________________________ Its: ________________________________ Date: ________________________________ Date: _______________________________ Ordinance No. 1289

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14 EXHIBIT A-1

PROVIDED SERVICES
I. Two-Container Collection Service (Gray/Blue) (City Code Requirement) No later than January 1, 2024, Franchisee shall provide a two-Container Collection program for all Generators for Collection of Source Separated Recyclable Materials and Mixed Waste using containers that comply with the requirements of this Agreement, the City Code, and SB 1383 Regulations. No later than January 1, 2024, Franchisee shall amend, as necessary, all service agreements with Generators to provide for a two-Container Collection program as required herein. Franchisee shall not knowingly Collect Blue or Gray Containers that include Prohibited Container Contaminants. Franchisee shall use all reasonable efforts to begin complying with these requirements starting January 1, 2023.

Contractor shall provide Blue Containers to Generators for the Collection of Source Separated Recyclable Materials, and shall Transport the Source Separated Recyclable Materials to (i) the Source Separated Recyclable Materials Processing Facility, or (ii) the Transfer Facility for subsequent Transport to the Source Separated Recyclable Materials Processing Facility, in compliance with SB 1383 Regulations.

Contractor shall provide Gray Containers to Generators for Collection of Mixed Waste, and shall allow Generators to intentionally commingle all Mixed Waste, excluding Source Separated Recyclable Materials, in the Gray Containers. Contractor shall Transport the contents of the Gray Container to (i) the High Diversion Organic Waste Processing Facility, or (ii) the Transfer Facility for subsequent Transfer and Transport to the High Diversion Organic Waste Processing Facility, in compliance with SB 1383 Regulations. Prohibited Container Contaminants shall not be Collected in the Gray Containers.

On or before July 1 of each year, Franchisee shall provide notice to City of the High Diversion Organic Waste Processing Facility(ies) used by Franchisee, as well as any other Facility used by the Franchisee for the processing of Solid Waste Collected within the City.

II. Three-Container Collection Program
A. General. Beginning January 1, 2023, only upon the request of a Generator, Franchisee may provide a three-container Collection program for the separate Collection of Source Separated Recyclable Materials, SSGCOW, and Gray Container Waste as specified in this Agreement, using containers that comply with the requirements of this Agreement and SB 1383 Regulations. Franchisee shall not knowingly Collect Blue, Green, or Gray Containers that include Prohibited Container Contaminants. On or before July 1 of each year, Franchisee shall provide notice to City of any Facility used by the Franchisee for the processing of Solid Waste Collected within the City.

B. The City will consider Franchisees provision of a three-container Collection program at the request of a Generator to be in compliance with Sections 8.14.020 and 8.14.030 of the City Code.

C. Source Separated Recyclable Materials Collection (Blue Container or Lid).

Franchisee shall provide Blue Containers to Generators for Collection of Source Separated Ordinance No. 1289

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15 Recyclable Materials and shall provide Source Separated Recyclable Materials Collection service, Franchisee shall transport the Source Separated Recyclable Materials to a Facility that recovers the materials designated for Collection, in accordance with SB 1383 Regulations.

Source Separated Recyclable Materials that are to be accepted for Collection in the Source Separated Recyclable Materials Collection program include the following: (i) NonOrganic Recyclables such as: aluminum, glass bottles and jars, rigid plastics (marked # 1 through # 7), tin and bi-metal cans; and (ii) SSBCOW such as: Paper Products, Printing and Writing Papers, wood and dry lumber.

D. SSGCOW Collection (Green Container or Lid). Franchisee shall provide Green Containers to Generators for Collection of SSGCOW and shall provide SSGCOW Collection service. Franchisee shall transport the SSGCOW to a Facility in accordance with SB 1383 Regulations.

SSGCOW that are to be accepted for Collection in the SSGCOW Collection program include the following: Food Scraps; Food-Soiled Paper; Yard Trimmings, and Compostable Plastics. Carpets, Non-Compostable Paper, textiles, and Prohibited Container Contaminants shall not be Collected in the Green Containers. Yard Trimmings that are to be accepted for Collection in the SSGCOW Collection program include the following: green trimmings, grass, weeds, flowers, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees weighing no more than 50lbs, and other types of SSGCOW resulting from normal yard and landscaping installation, maintenance, or removal, provided all SSGCOW fits inside the Green Container with the lid closed and does not exceed 150 pounds.

Franchisee may Collect compliant Compostable Plastics in the Green Containers for Processing. At least two (2) months prior to the commencement of the Collection of Compostable Plastics in the SSGCOW program, Franchisee shall provide written notification to the City whether the Facility can or cannot Process and recover these Compostable Plastics in accordance with SB 1383 Regulations. If the Facility can process and recover Compostable Plastics, and Franchisee elects to Collect Compostable Plastics in the Green Container, then Franchisee shall provide annual written notification to the City that the Facility has and will continue to have the capabilities to Process and recover the Compostable Plastics. If the Facility cannot process and recover Compostable Plastics, then Franchisee will not Collect Compostable Plastics in the Green Container. It is also understood that Franchisee proposes to process the City’s organics through its Anaerobic Digester Facility (AD). AD Facilities do not accept compostable plastics at the current time.

Franchisee may require Generators to place Food Waste in plastic bags or other wrappings and put the bagged or wrapped Food Waste in the Green Container. At least two (2) months prior to the commencement of the use of plastic bags for the Food Waste program, Franchisee shall provide written notification to the City that allowing the use of bags does not inhibit the ability of the City to comply with SB 1383 Regulations, and that the Facility can Process and remove plastic bags when it recovers SSGCOW. Franchisee shall provide annual written notification to the City that the Facility has and will continue to have the capabilities to Process and remove plastic bags when it recovers SSGCOW. It is also understood that Franchisee may propose to process the City’s organics through its Anaerobic Digester Facility (AD). AD Facilities do not accept plastic bags or other wrappings at the current time.

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16 E. Gray Container Waste Collection. Franchisee shall provide Gray Containers or Lids to Generators for Collection of Gray Container Waste and shall provide Gray Container Waste Collection service. Franchisee shall transport the Gray Container Waste to a Facility in accordance with the SB 1383 Regulations. Franchisee may allow carpets, and textiles to be placed in the Gray Containers. Prohibited Container Contaminants shall not be Collected in the Gray Containers.

III. Contamination Monitoring
A. Franchisee shall meet its contamination monitoring requirements commencing January 1, 2024, using either Route Reviews or Waste Evaluations in accordance with SB 1383 Regulations. Franchisee shall use all reasonable efforts to begin complying with these requirements starting January 1, 2023.

B. Route Reviews.

Franchisee shall meet its SB 1383 Regulations contamination monitoring requirements commencing January 1, 2024, with respect to Solid Waste Collected by Franchisee using route reviews as outlined herein:

1. Franchisee shall conduct Hauler Route reviews for Prohibited Container Contaminants in Collection Containers in a manner that is deemed safe by the Franchisee; is approved by the City; is conducted in a manner that results in all Hauler Routes being reviewed annually, and is consistent and in accordance with SB 1383 Regulations. Containers may be randomly selected along the Hauler Route. This Section should not be construed to require that every container on a Hauler Route must be sampled annually.

2. Upon finding Prohibited Container Contaminants in the container, Franchisee shall follow the contamination monitoring noticing procedures paragraph D.3 of this Section II.

3. Franchisee shall maintain all applicable records required under SB 1383 Regulations, and report to the City on a quarterly basis on contamination monitoring activities, route reviews and/or waste evaluations, and actions taken.

4. Notwithstanding the foregoing, this Section III shall not prohibit Franchisee from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time.

C. Waste Evaluations
Alternatively, if Franchisee elects to perform Waste Evaluations (or is required to perform Waste Evaluations as required herein), Franchisee shall, conduct waste evaluations that comply with and meet the requirements of 14 CCR Section 18984.5(c). The City maintains the right to observe, or hire a third party to observe, the waste evaluations.

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17 1. Sampling Method, Study Protocols. The Franchisee shall conduct waste evaluations for Prohibited Container Contaminants by sampling the contents of Containers on Hauler Routes in the following manner:
a. If using a Standard Compliance Approach, Franchisee shall conduct waste evaluations at least twice per year and in two distinct seasons of the year in a manner that complies with the requirements of 14 CCR section 18984.5(c). If using a Performancebased Compliance Approach, Franchisee shall conduct waste evaluations at least twice per year for the Blue and Green Containers and at least once per quarter for the Gray Containers.
b. The Franchisee’s waste evaluations shall include samples of Source Separated Recyclable Materials, SSGCOW, and Gray Container Waste. c. The waste evaluations shall include samples from each Container type served by the Franchisee and shall include samples taken from different areas in the City that are representative of the City’s waste stream.
d. The waste evaluations shall include at least the minimum number of samples specified in SB 1383 Regulations.
e. The Franchisee shall Transport all of the material Collected for sampling to a sorting area at a permitted solid waste Facility where the presence of Prohibited Container Contaminants for each Container type shall be measured to determine the ratio of Prohibited Container Contaminants present in each material stream by weight. To determine the ratio of Prohibited Container Contaminants, the Franchisee shall use the following protocol:
i. The Franchisee shall take one sample of at least a 200 pounds from the material Collected from each material stream for sampling. ii. The 200-pound sample shall be randomly selected from different areas of the pile of Collected material for that material stream. iii. For each 200-pound sample, the Franchisee shall remove any Prohibited Container Contaminants and determine the weight of Prohibited Container Contaminants.
iv. The Franchisee shall determine the ratio of Prohibited Container Contaminants in the sample by dividing the total weight of Prohibited Container Contaminants by the total weight of the sample.

2. Contamination Response. If the sampled weight of Prohibited Container Contaminants exceeds twenty-five percent (25%) of the measured sample for any material stream, the Franchisee shall:
a. If using a Performance-based Compliance Approach, notify the City within fifteen (15) working days of the waste evaluation.

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18 b. Within fifteen (15) working days of the waste evaluation, notify all Generators on the sampled Hauler Route of their requirement to properly separate materials into the appropriate Containers. The Franchisee may provide this information by placing a written notice on the Generators’ Containers or the gate or door of the Premises; and/or by mail, email, or electronic message to the Generators. The format of the warning notice shall be approved by the City.
c. If using a Performance-based Compliance Approach, Franchisee shall allow a representative of the City and/or CalRecycle to oversee its next scheduled quarterly sampling of the Gray Containers, upon request.

3. Material Exceptions. If the Franchisee is using the Performance-based Compliance Approach, Organic Waste that is textiles, carpet, hazardous wood waste, human waste, pet waste, or material subject to a quarantine on movement issued by a County agricultural commissioner is not required to be measured as Organic Waste when calculating the amount of Organic Waste present in the Gray Container Waste.

D. Actions upon Identification of Prohibited Container Contaminants.

Upon finding Prohibited Container Contaminants in a Container, Franchisee shall follow the protocols set forth in this Section.

1. Record Keeping. The driver or other Franchisee representative shall record each event of identification of Prohibited Container Contaminants in a written log or in the on-board computer system including date, time, Generator’s address, type of container (Blue, Green, or Gray Container).

2. Courtesy Pick-Up Notices. Upon identification of Prohibited Container Contaminants in a Generator’s container, Franchisee shall provide the Generator a courtesy pickup notice. The courtesy pick-up notification shall: (i) inform the Generator of the observed presence of Prohibited Container Contaminants; (ii) include the date and time the Prohibited Container Contaminants were observed; (iii) include information on the Generator’s requirement to properly separate materials into the appropriate containers, and the accepted and prohibited materials for Collection in the Blue Container, Green Container, and/or Gray Container; (iv) inform the Generator of the courtesy pick-up of the contaminated materials on this occasion with information that following three consecutive instances of Prohibited Container Contaminants within a six-month time period, Franchisee may assess contamination Processing fees. Franchisee shall leave the courtesy pick-up notice attached to or adhered to the Generator’s contaminated containers; at the Premises’ door or gate; or, subject to City’s approval, may deliver the notice by mail, e-mail, text message, or other electronic message.

3. Notice of Assessment of Contamination Processing Fees. If the Franchisee observes Prohibited Container Contaminants in a Generator’s Container on more than three consecutive occasions within a six-month time period, and issued courtesy pick-up notices on each of those occasions, the Franchisee may impose a contamination Processing fee of $35.00 (which will be adjusted annually pursuant to the same CPI Index used for annual rate adjustments).

Franchisee shall notify the City in its quarterly report of Generators for which contamination Ordinance No. 1289

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19 Processing fees were assessed. Franchisee shall leave a contamination Processing fee notice attached to or adhered to the Generators’ contaminated containers; at the Premises’ door or gate; or, subject to City’s approval, may deliver the notice by mail, e-mail, text message, or other electronic message. The contamination Processing fee notice shall describe the specific material(s) of issue, explain how to correct future set outs, and indicate that the Generator will be charged a contamination Processing fee on its next bill. The format of the contamination Processing fee notice shall be approved by the City.

E. Disposal of Contaminated Materials. If the Franchisee observes Prohibited Container Contaminants in a Generator’s Container(s), Franchisee may dispose of the Container’s contents, provided Franchisee complies with the noticing requirements in subsection D(3) above.

IV. Education and Outreach
A. The City shall, at its sole expense, create all applicable education materials and conduct all education programs and activities as provided by and in accordance with the SB 1383 Regulations.

Franchisee shall cooperate and coordinate with the City on public education activities with respect to Generators serviced by Franchisee. Franchisee’s obligation to cooperate and coordinate with the City on public education activities shall include, but not be limited to, the distribution of Cityapproved education and outreach materials to the Generators serviced by Franchisee.

V. Inspections and Enforcement
Beginning January 1, 2024 Franchisee shall assist the City with and/or conduct applicable inspections and enforcement as required by SB 1383 Regulations, to the extent delegable, and to the extent the Generator is serviced by Franchisee. Franchisee shall maintain all applicable records from inspection and enforcement in accordance with SB 1383 Regulations. Franchisee shall use all reasonable efforts to begin complying with these requirements starting January 1, 2023.

VI. Generator Waiver Program Coordination
A. General. In accordance with SB 1383 Regulations and the City Code, the City may grant waivers (de minimis, physical space or Collection frequency) to Generators that impact the scope of Franchisee’s provision of service for those Generators. Waivers issued shall be subject to compliance with SB 1383 Regulatory requirements, pursuant to 14 CCR Section 18984.11.

B. Franchisee Change in Generators’ Service Levels. When the City grants a waiver to a Generator, the City shall notify the Franchisee within fifteen (15) working days of the waiver approval with information on the Generator and any changes to the service level or Collection service requirements for the Generator. Franchisee shall have ten (10 working days to modify the Generator’s service level and billing statement, as needed.

C. Franchisee Recordkeeping of Generators Granted Waivers. Upon Franchisee request, no more than two (2) times per year, the City shall provide Franchisee an updated listing of waivers approved by the City, including the Generators’ names, mailing address, service address, and type of waiver.

Ordinance No. 1289

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City Council Agenda Item Report
Submitted by: Daniel Wall
Submitting Department: Public Works
Meeting Date: December 6, 2022

SUBJECT
Adoption of California Building Codes by Reference
Recommendation:

A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378;
B. Conduct first reading and introduce Ordinance No. 1290 amending Title 15, Building and Construction, to adopt the 2022 California Building Standards Code and 1997 Uniform Code for Abatement of Dangerous Buildings by reference; and C. Direct staff to schedule a public hearing on December 20, 2022, for the second reading and adoption of Ordinance No. 1290.

Background:

Every three years, the California Department of General Services' Building Code Standards Commission reviews, revises and adopts building and construction codes. In previous triennial cycles, the City has made amendments to the state adopted codes and submitted those amendments to the state along with justification for those amendments. In the past, these amendments served to provide our businesses with a competitive advantage, but this is no longer the case. Today, the state adopted building codes are the comprehensive standard used by the design and construction community and relied upon by the insurance industry to minimize the loss of life and property.

The Insurance Services Office (ISO) classifies fire departments and municipal building departments. These ratings are used by insurers to establish rates. Vernon is protected by a Class 2 Fire Department and a Class 2 Building Department. Nationally, less than 2% of building departments are rated Class 1 or Class 2 by the ISO. One of the areas the Building Department can improve in its quest to be rated Class 1 is by adoption of State building codes without amendment.

Accordingly, Ordinance No. 1290 amends Title 15 (Building and Construction) to adopt State codes without amendment. Pursuant to California Government Code Section 50022.3, after the first reading of this ordinance the Council should direct staff to schedule a public hearing for second reading and adoption of the ordinance.

Fiscal Impact:

There is no fiscal impact associated with this report.

Attachments:

1. Ordinance No. 1290
ORDINANCE NO. 1290

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON
AMENDING TITLE 15, BUILDING AND CONSTRUCTION, TO ADOPT
THE 2022 CALIFORNIA BUILDING STANDARDS CODE AND 1997

UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS BY

REFERENCE
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:

SECTION 1. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council hereby finds that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378.

SECTION 2. Vernon Municipal Code Chapters 15.08 through 15.40 are amended to read as follows:

Chapter 15.08 Building Code

15.08.010 2022 California Building Code adopted.

The City of Vernon hereby adopts by reference the 2022 California Building Code as published by the California Building Standards Commission, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, and Appendices C, F, H, I and J, and all standards contained therein, including all applicable tables, indices, addenda and footnotes. Except as otherwise provided herein, or as later amended, said California Building Code is hereby referred to and by such reference is incorporated herein as if fully set forth and is hereby adopted as the Building Code of the City of Vernon.

Chapter 15.12 Electrical Code

15.12.010 2022 California Electrical Code adopted.

The City of Vernon adopts by reference the 2022 California Electrical Code as published by the California Building Standards Commission, California Code of Regulations, Title 24, Part 3, including all of its tables, indices, appendices, addenda and footnotes. Except as otherwise provided herein, or as later amended, said California Electrical Code is hereby referred to and by such reference is incorporated herein as if fully set forth and is hereby adopted as the Electrical Code of the City of Vernon.

Ordinance No. 1290

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Chapter 15.16 Mechanical Code

15.16.010 2022 California Mechanical Code adopted.

The City of Vernon adopts by reference the 2022 California Mechanical Code, as published by the California Building Standards Commission, California Code of Regulations, Title 24, Part 4, including all of its tables, indices, appendices, addenda and footnotes. Except as otherwise provided herein, or as later amended, said California Mechanical Code is hereby referred to and by such reference is incorporated herein as if fully set forth.

Chapter 15.20 Plumbing Code

15.20.010 2022 California Plumbing Code adopted.

The City of Vernon adopts by reference the 2022 California Plumbing Code, as published by the California Building Standards Commission, California Code of Regulations, Title 24, Part 5, including all of its tables, indices, appendices, addenda and footnotes. Except as otherwise provided herein, or as later amended, said California Plumbing Code is hereby referred to and by such reference is incorporated herein as if fully set forth.

Chapter 15.24 Dangerous Buildings Code

15.24.010 1997 Uniform Code for Abatement of Dangerous Buildings adopted.

The Uniform Code for Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials, except as provided herein, is adopted as the Dangerous Buildings Code of the City of Vernon.

Chapter 15.28 Existing Building Code

15.28.010 2022 California Existing Building Code adopted.

The City of Vernon adopts by reference the 2022 California Existing Building Code, as published by the California Building Standards Commission, California Code of Regulations, Title 24, Part 10, including the tables, indices, appendices, addenda and footnotes contained therein as the seismic strengthening provisions for unreinforced masonry bearing wall buildings for the City of Vernon. Except as otherwise provided herein, or as later amended, said California Existing Building Code is hereby referred to and by such reference is incorporated herein as if fully set forth.

15.28.020 Posting of sign.

Within three months of the effective date of the ordinance codified in this chapter, every owner of an unreinforced masonry bearing wall building located in the City shall post in a Ordinance No. 1290

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conspicuous place at the entrance of the building, on a sign not less than five inches by seven inches, the following statement, printed in not less than 30-point bold type:
“THIS IS AN UNREINFORCED MASONRY BUILDING. UNREINFORCED MASONRY BUILDINGS MAY BE UNSAFE IN THE EVENT OF A MAJOR EARTHQUAKE.”

15.28.030 Compliance with the California Existing Building Code.

A. The owner of any unreinforced masonry bearing wall building shall comply with the provisions of the California Existing Building Code whenever the building undergoes a major addition, alteration or repair. For purposes of this section, “major addition, alteration or repair” means all additions, alterations or repairs within a three-year period where the cumulative cost thereof exceeds 25% of the assessed value of the building as shown on the last equalized assessment roll, as determined by the Building Official.

B. The owner of an unreinforced masonry bearing wall building shall comply with the provisions of the California Existing Building Code when repairs or renovation of an existing roof or roof covering within a three-year period involves more than 25% of the total roof area, as determined by the Building Official.

C. The owner of an unreinforced masonry bearing wall building shall comply with the provisions of the California Existing Building Code whenever there is change in occupancy classification from a less hazardous to a more hazardous category according to Table 1604.5 of the Building Code.

D. Any building owner dissatisfied with the determination of the Building Official pursuant to this section may appeal to the City Council.

15.28.040 Chapter A2 of the 2021 International Existing Building Code adopted.

Chapter A2 of the 2021 International Existing Building Code, published by the International Code Council, Inc., is hereby adopted as the minimum standard for seismic strengthening of tilt-up concrete wall buildings. This standard is established as a minimum guideline for those property owners voluntarily selecting to retrofit their structures and shall not be construed as the City of Vernon mandated program. Except as otherwise provided herein, or as later amended, said 2021 International Existing Building Code is hereby referred to and by such reference is incorporated herein as if fully set forth.

Chapter 15.32 Residential Code

15.32.010 2022 California Residential Code adopted.

The City of Vernon adopts by reference the 2022 California Residential Code and Appendix V thereof, as published by the California Building Standards Commission, California Code of Regulations, Title 24, Part 2.5, including Appendix Chapters H, J, T, Ordinance No. 1290