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HomeMy Public PortalAboutA 2014-04-01CCThis Agenda contains a brief general description of each item to be considered. Copies of the Stall reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any person who has a question concerning any of the agenda items may call the City Manager at (310) 603 -0220, ext. 200. Procedures for Addressing the Council IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL. AGENDA ITEMS ON FILE FOR CONSIDERATION AT THE REGULAR MEETING OF THE LYNWOOD CITY COUNCIL R E I V E TO BE HELD ON APRIL 1, 2014 COUNCIL CHAMBERS 11330 BULLIS ROAD, LYNWOOD, CA 90262 6:00 P.M. AIDE CASTRO MAYOR EDWIN HERNANDEZ MAYOR PRO -TEM MARIA TERESA SANTILLAN -SEAS COUNCILMEMBER CITY MANAGER SARAH MAGANA- WITHERS CITY CLERK MARIA QUINONEZ MAR 2 7 2014 CITY OF LYNWOOD CITY CLERKS OFFICE �GYrr2Y �- l�/ /'vi avre�2 SALVADOR ALATORRE COUNCILMEMBER JOSE LUIS SOLACHE COUNCILMEMBER CITY ATTORNEY DAVID A. GARCIA CITY TREASURER YOLANDA RODRIGUEZ - GONZALEZ OPENING CEREMONIES 1. CALL TO ORDER 2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3. ROLL CALL OF COUNCIL MEMBERS Salvador Alatorre Maria T. Santillan -Beas Jose Luis Solache Edwin Hernandez Aide Castro 4. PLEDGE OF ALLEGIANCE 5. INVOCATION 6. PRESENTATIONS /PROCLAMATIONS • Sheriff Captain Ernie Chavez — Update on Law Enforcement Issues • National Library Week Proclamation • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3(D)) COUNCIL RECESS TO: • CITY OF LYNWOOD AS THE SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NON - AGENDA PUBLIC ORAL COMMUNICATIONS THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS WITHIN THE JURISDICTION OF THE COUNCIL AND NOT LISTED ON THE AGENDA. IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).) CITY COUNCIL ORAL AND WRITTEN COMMUNICATION AIDE CASTRO, MAYOR EDWIN HERNANDEZ, MAYOR PRO TEM SALVADOR ALATORRE, COUNCILMEMBER MARIA T. SANTILLAN -BEAS, COUNCILMEMBER JOSE LUIS SOLACHE, COUNCILMEMBER CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items to be removed from the Consent Calendar for separate action. 8. MINUTES OF PREVIOUS MEETINGS: Regular Meeting — March 18, 2014 9. APPROVAL OF THE WARRANT REGISTER Comments: City of Lynwood warrant register dated April 1, 2014 for FY 2013 -2014. Recommendation: Staff recommends that the City Council approve the warrant register. 10. CLAIM FOR DAMAGES BY ARCELIA DEL REAL Comments: On October 28, 2013, Ms. Arcelia Del Real filed a claim for damages as a result of a trip and fall injury she sustained when walking on a public sidewalk in from of 3337 Tenaya Avenue in Lynwood, CA. The accident occurred almost directly in front of her home. Ms. Deal Real has resided at the same address for 30 years. (HR) Recommendation: Staff recommends that the City Council reject the claim of Arcelia Del Real v. City of Lynwood and direct staff to send a standard letter of rejection. 11. CLAIM FOR DAMAGES BY SUSANA RAMIREZ Comments On February 18, 2014, Ms. Susana Ramirez filed a claim for damages from an incident which occurred on December 12, 2013. Ms. Ramirez states that tree roots from a City tree damaged her home's water meter causing the meter to leak continuously resulting in increased water usage. (HR) Recommendation: Staff recommends that the City Council accept the claim of Susana Ramirez v. City of Lynwood. 12. CLAIMS FOR DAMAGES BY SANDRA PASLUSZNY Comments On February 4, 2014, Ms. Pasluszny filed two separate claims for damages as a result of property damage to her vehicle's tires. Ms. Pasluszny claims that the alley behind her house (12723 Harris Avenue) is littered with broken glass, nails and other objects and on September 15, 2013 and January 10, 2014 while she was driving through this area the tires of her vehicle were punctured by nails which required patching. The cost of each repair was $25.00 and $30.00 respectively for a total of $55.00. (HR) Recommendation: Staff recommends that the City pay the claims of Sandra Pasluszny v. City of Lynwood. Ms. Pasluszny's vehicle sustained damage to her tires on two separate dates. 13. AMENDMENT TO SPECIAL COUNSEL SERVICES TO DEFEND CITY IN AN EMPLOYMENT LITIGATION MATTER Comments: The City retained the law firm of Liebert Cassidy Whitmore (LCW) to represent it in the litigation entitled Alfredo Jose Lopez III v. City of Lynwood, et al., Case No. BC 517338 (Lopez action) subsequently staff requested authorization to have LCW also represent it in the litigation entitled Roger Haley, Case No. BC 52308. The request was made to assure the City was able to timely and effectively defend the lawsuit initiated by Roger Haley, Case No. BC 523808. However, staff has determined and recommends a substitution of attorney be effectuated with the Law Offices of Atkinson, Andelson, Loya, Ruud & Romo ( AALRR) in order to handle and be progressive and effective in the defense of the cases. Staff recommends that the City Council approve the attached Amendment to the Agreement for Special Services with AALRR. Having AALRR represent the City in both the Lopez and Haley matters is expected to yield efficiency and save time. AALRR represents that it is approved and remains in good standing to handle litigation matters under the pooled insurance program, the Independent Cities Risk Management Authority (ICRMA), of which the City is a member. (CA) Recommendation: Staff recommends adoption of the attached Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING A CONTRACT WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO TO REPRESENT THE CITY OF LYNWOOD AND RELATED PARTIES IN DEFENDING THE MATTER S OF LOPEZ & HALEY V. CITY OF LYNWOOD, ET AL." NEW /OLD BUSINESS 14. ST. FRANCIS MEDICAL CENTER — REQUEST TO HANG BANNERS Comments St. Francis Medical Center is currently seeking new ownership as the Daughters of Charity conclude sponsorship of the medical center and their other Northern and Southern California hospitals. In an effort to reflect to potential new owners the contribution St. Francis Medical Center make to this community as a state -of- the -art facility committed to the highest quality care, as well as the largest employer in this area, they are launching a community awareness campaign. In doing so, they are requesting permission to hang forty eight (48) streetlight pole banners on streets surrounding the St. Francis Medical Center campus. This would encompass Imperial Highway between California Avenue and Bullis Road, Martin Luther King Boulevard between Norton Avenue and Bullis Road, and Cesar Chavez Lane behind the hospital and along Lynwood Park. (PR) Recommendation: Staff requests that the City Council approve this request 15. SHERIFFS' DEPARTMENT REQUEST TO TEMPORARILY CLOSE A PORTION OF IMPERIAL HIGHWAY FOR "EVERY 15 MINUTES" EMERGENCY EXERCISE Comments: Sponsored by the California Office of Traffic Safety the title "Every 15 Minutes' comes from the unfortunate fact that during the early 1980's every 15 minutes someone in the United States was killed in an alcohol - related traffic collision. While the implementation of new laws and grassroots program have helped bring the death rate down to one death every 30 minutes, this figure continues to be unacceptable. (PR) Recommendation: Staff recommends that the City Council approve the partial street closure from 9:00 a.m. to 1:00 pm on April 22, 2014 for the "Every 15 Minutes' exercise, and as the City's portion of participation provide barricades, cones, and City Street Division staff to man the street closure. 16. REIMBURSEMENT AND EAR PROGRAM FUND IMPLEMENTATION Comments: The City has used Gannett Fleming to successfully implement use of Emergency, Abandoned & Recalcitrant (EAR) funds to begin the soil remediation at 11600 Long Beach Boulevard. Due to a productive Phase I and II, we are able to continue efforts to remediate the site using non -City funding. Gannett Fleming has shown diligence throughout its remediation services to the City and it is felt that they should continue representing the City in its efforts to remediate said location and be reimbursed for requested and necessary services provided outside of agreed scope of work. (CD) Recommendation: Staff recommends that the City adopt the attached resolution entitled, "A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL AUTHORIZING GANNETT FLEMING TO USE THE STATE WATER RESOURCES CONTROL BOARD (SWRCB), EMERGENCY, ABANDONED, & RECALCITRANT (EAR) PROGRAM FUNDS IN THE AMOUNT OF $195,000 AND REIMBURSEMENTS IN THE AMOUNT OF $66,900 FROM THE UNAPPROPRIATED BROWNFIELD FUNDS FOR WORK PERFORMED DIRECTLY RELATED TO TARGETED LYNWOOD BROWNFIELD SITES AND TO CONTINUE CONDUCTING CORRECTIVE ACTION AT THE PETROLEUM UST SITE LOCATED AT 11600 LONG BEACH BOULEVARD ". 17. LYNWOOD UNIFIED REQUEST TO HANG BANNERS Comments: The Lynwood Unified School District offers free Transitional Kindergarten and Kindergarten programs at Lynwood schools. The School District is requesting that the City hang two banners advertising this program. (PR) Recommendation: Staff requests that the City Council provide direction on this request. 18. AMENDMENT TO THE CONTRACT WITH LEGISLATIVE ADVOCACY GROUP Comments On June 18, 2013, the City Council renewed and approved a Consultant Services Agreement with Legislative Advocacy Group (LAG) to provide professional advocacy services on behalf of the City for one additional year. Legislative Advocacy Group (LAG) is the City's contracted advocacy firm, which represents the City at the State, regional, and local levels in order to promote and advance the legislative goals and interests of the City. (FIN) Recommendation: Staff recommends that the City Council approve and adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF LYNWOOD AND LEGISLATIVE ADVOCACY GROUP, INC. TO CONTINUE TO PROVIDE PROFESSIONAL ADVOCACY SERVICES FOR THE CITY AT A MONTHLY RETAINER FEE OF $5,000 EFFECTIVE RETROACTIVE TO FEBRUARY 17, 2014" CLOSED SESSION 19. CLOSED SESSION ITEMS A. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: Number of Cases: Two ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON APRIL 15, 2014 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. Lbol, AGENDA STAFF REPORT DATE: April 1, 2014 TO: Honorable Mayor and Members of me City Council APPROVED BY: Sarah M. Withers, City Manage PREPARED BY: Maria Quinonez, City Clerk Alicia Duarte, Executive Assistan to the City Clerk SUBJECT: Lynwood City Council Minutes Recommendation: Staff recommends the Lynwood City Council approve the following minutes: • Regular Meeting — March 18, 2014 Background: N/A Discussion & Analysis: N/A Fiscal Impact: N/A Coordinated With: N/A ITEM LYNWOOD CITY COUNCIL REGULAR MEETING March 18, 2014 Item #1. CALL TO ORDER The City Council of the City of Lynwood met in a regular meeting in the Council Chambers, 11330 Bullis Road, Lynwood, CA on the above date at 6:07 p.m. Mayor Castro presiding Item #2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK City Clerk Quinonez announced that the agenda had been duly posted in accordance with the Brown Act. Item #3. ROLL CALL PRESENT: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE, HERNANDEZ AND CASTRO ABSENT: NONE STAFF PRESENT: City Manager Magana Withers, City Attorney Garcia, City Clerk Quinonez and City Treasurer Rodriguez. Item #4. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the Sheriff's Explorers Color Guard. Item #5. INVOCATION The Invocation was given by Reverend Robert Robinson. Item #6. PRESENTATIONS /PROCLAMATIONS • Sheriff Captain Ernie Chavez — Update on Law Enforcement Issues Captain Chavez commented on crime rates being at a 40 percent low since the beginning of the year and an increase in vehicle thefts. He reminded the public to be cautious about not leaving valuables in sight or leaving vehicles unlocked. He reported on the Lynwood Cops team making 39 arrests last week most of them related to quality of life issues reported by council or members of the community. He commented on prostitution and their continued efforts to go after the Johns. He stated that there is a meeting scheduled next week on the display signs that will be posted around the city to help deter prostitution and cruising. He commented on the remarks made at the last meeting in regards to the names of those arrested for prostitution and solicitation violations to be made public. He stated that other cities have a Crime Blog on their websites where they post arrests in the city and the reason. He added that Lieutenant Deeds in looking into the legality of this. Council Member Alatorre thanked the Captain for all their work. He thanked him for addressing the issue regarding a location by his property. He would like to look for enhancements and adding tools for the Sheriffs when there is any available funding. Mayor Pro Tern Hernandez thanked the Captain for all their work. He asked that they look into a tax service business located inside a shopping center on Long Beach Blvd. He believes there is illegal gambling taking place at the location that stays open until 2:00 a.m. or 3:00 a.m. Council Member Santillan -Bess asked about a meeting held with business owners on the northeast corner of Atlantic and MILK. She asked if there was an update for council. Captain Chavez responded that Lieutenant Deeds and himself often drive by the location as well as continue to have contact with some of the business owners and there have not been any issues and deputies are aware to continue to patrol the area. Council Member Solache asked that the Sheriff's Department work closer with the security company that is hired by the city. He would like to see more collaboration specifically at Ham Park where they have observed youngsters smoking weed and the response from authorities has not been as quick as they would like it to be. • Fair Housing Proclamation — Mayor Pro Tern Hernandez read the proclamation in honor of Fair Housing Month. April Overlie, Director of Education and Outreach for the Fair Housing Foundation and Annette Potts, Deputy Director of Administrative Services. Ms. Overlie provided information to the public on how to contact the Fair Housing Foundation and an overview of the services provided. She stated that they are celebrating 50 years of service. She extended an invitation to city officials to attend the Fair Housing Reception scheduled for April 22 in the City of Irvine where they will be celebrating their anniversary. • Proclamation Honoring the Life of Cesar Chavez — Council Member Solache introduced Principal Larry Reed of Cesar Chavez Middle School. He commented on the partnership between the City of Lynwood and LUSD and the Day of Service to take place in the community on March 31st. Mayor Castro read the proclamation in honor of Cesar Chavez and asked everyone to give a day of service in honor of Cesar Chavez. Principal Reed received the proclamation and shared that his school has been talking to students about "Activity versus Achievement'. He hopes to be able to partner up and establish a Cesar Chavez Day in the future so that high school students can come to the middle school and offer a "Day of Service." He announced that he is working in collaboration with a company and they are offering two free sessions of computer classes and invited the public to join them at the school and learn technology skills. Mayor Castro asked Principal Reed to keep them informed of the events taking place at the school so that Council can inform the community. • City Council Member Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)) — NONE Item #7. SWEARING IN CEREMONIES — City Treasurer Yolanda Rodriguez — Gonzalez City Treasurer Rodriguez - Gonzalez was sworn in by her sister, Edilia Padilla and was accompanied by her mother and father and other family members. Ms. Rodriguez - Gonzalez thanked the Mayor and her family for being here. Mayor announced that Ms. Lucy Avalos donated food and asked those wanting to celebrate to stay and enjoy the food. Mayor Castro announced the presence of former Council Members Ramon Rodriguez and Jim Morton in the audience. Item #8. CITY OF LYNWOOD AS THE SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY It was moved by Council Member Santillan -Beas, seconded by Council Member Solache to recess the Lynwood as the Successor Agency to the Lynwood Redevelopment Agency at 6:36 p.m. The City Council reconvened at 6:37 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Mary Ramson, President of the LUSD African American Parent Advisory Council. She commented on the 1 5t Annual Teen Summit, event held August 26 in partnership with the city. She thanked the Council for their support and suggests that they partner more often. Mary Johnson, member of the LUSD African American Parent Advisory Council thanked the City Council for their partnership. She commented on her children earning scholarships in the past. She thanked city staff for their courtesy and generosity in assisting them with the event and stated that some students received scholarships the night of the event. She thanked Mr. Trejo for attending to represent the city and asked for an applause for the City Council. She commented on the ratings at Cesar Chavez Middle School. Irene Garcia commented on Item #11 — Certification, Review and Granting of the Utility Users' Tax and stated that there was supposed to be a one year refund to residents on the UUT, she commented in opposition of Item #14 — Redflex Photo Red Light Enforcement Program and asked Council not to renew the contract and eliminate the program, in regards to Item #15 — Los Angeles County Sheriff Contract Renewal, she asked that the Sheriff's Department take over all parking enforcement in the city. She commented on officers taking up a traffic lane when a ticket is being issued and in regards to Item #17 — Agreement with John L. Hunter and Associates, Inc. and Item #18 — Approval of Black & Veatch Corp., she asked that there be no more change orders. Jim Lissner commented in opposition of Item #14 - Redflex Photo Red Light Enforcement Program. He stated that the cities of South Gate and Inglewood terminated the program and Santa Ana's City Manager is recommending to his City Council not to renew the contract. He commented on other cities that also terminated the program due to complaints of bribery, no effectiveness and tickets being ignored. He asked Council to ask for accident statistics and asked that they do not to renew the contract. Antonio Munguia commented in opposition of Item #14 — Redflex Photo Red Light Enforcement Program. He stated that he has talked to community members who avoid Imperial Hwy. and Atlantic Ave. due to the red light camera and this causes increased traffic on other city streets. He witnessed the red light camera not take pictures twice when drivers take the red light. He stated the continuing the program will scare businesses from coming to the city. He asked Council not to renew the contract. NON - AGENDA PUBLIC ORAL COMMUNICATIONS Harry Gibbens provided a letter for the City Clerk to read. The letter commented on waiting on the city government to plant flowers along a fence located by the 710 and 105 freeway exists, close to Wright Road and MLK. He stated that the flowers would look great and commented on a damaged fence in the same area. He asked council to contact him to obtain the exact location of the fence. He suggests red bougainvilleas plants. He stated suggesting the project in February 2014 but has seen no action. He asked city council to plant the flowers in March. He suggests the city to speak to the business owners to work with the city and plant the flowers. Irene Garcia asked when a docking system will be put in place for city staff with thumb prints. She asked how the issue with the 69 residents not paying their water bill will be addressed. She commented on the City Council agenda not being ready last Thursday and not being ready for pick up on Friday at the Senior Center. She stated her belief that council submits agenda items after the agenda is posted which delays the production of the agenda. She commented on late meeting minutes. She advised council that on Sunday morning there was a torched car from Compton on Santa Fe and Norton and the evidence is still there. CITY COUNCIL ORALS Council Member Santillan -Beas thanked all staff members that participated in the organization of the women's symposium on Saturday including Jamel Goodloe. She stated they will celebrate on Thursday with the staff members. Council Member Solache congratulated City Treasurer Yolanda Rodriguez. He commented on the women's symposium and stated it was a great event. He congratulated Mayor who worked very hard work to make sure it happened. He acknowledged the Council Women, City Manager and City Treasurer. He reminded everyone to celebrate women and not forget where they come from. He wants to ensure that the council refers to women as they should be referred to with respect. Council Member Alatorre commented on attending the Habitat for Humanity meeting held today with attendees from different sectors. He stated the meeting had to do with how we see ourselves cooperating with other institutions because they all have many resources available. He shared it was an interesting meeting and that it was agreed to hold the meeting again in 30 days. He appreciates the positive experience of networking and collaborating. He would like to continue attending these meetings in the future. Mayor Castro asked the City Manager to facilitate the meetings here so that Council Member Alatorre can be the appointed member and he can later report to the rest of the City Council. Mayor Pro Tern Hernandez thanked everyone for attending the meeting. It is important for him to see residents here. He congratulated Mayor Castro and Council Member Santillan -Beas for the Women's Summit. He also thanked those that made it possible. He attended shortly with his wife. He also congratulated the Bingo Club and Greater Lynwood Chamber of Commerce on a successful event. Mayor Castro congratulated City Treasurer Rodriguez Gonzalez. She asked the City Manager to look into the refund for the UUT as stated by Ms. Garcia. She asked for an update in the green memo regarding consequences of the 69 residents that stole water. In regards to the city council agenda Mayor Castro asked the City Manager to ensure that it is posted no later than 6 p.m. on Thursday and asked that it be emailed to her to make the final approval. She also asked the City Manager to look into Mr. Gibbens request for flowers to be planted along the fence and asked for a green memo regarding this. She mentioned talking to Ms. Deborah Jackson about working with the Sheriffs and Parking or Code Enforcement to address resident complaints of big rigs going driving west on El Segundo coming from Compton through a residential area that the big rigs are so wide and end up using some of the sidewalk to drive through. She commented on the women's summit event being great and very emotional. She stated that the male Council Members will be working on an event for men in June. She invited male residents to contact the council members if they would like to volunteer for the event. She asked the City Manager about accelerating the process to lay wood chips in the area of Los Flores by the school and asked that they lay out a plastic material to avoid the growing of weeds. She thanked staff for cleaning out the flower bed at the Senior Center for the Garden Club. She also wants to start using the existing community non profit organization to assist in covering the costs of events. She asked Recreation staff to coordinate with the Greater Lynwood Chamber of Commerce on all the upcoming events to see how they will collaborate. Mayor Castro reorganized the agenda. She moved Item #15 — Los Angeles County Sheriffs Contract Renewal before the consent calendar. CONSENT CALENDAR It was moved by Council Member Santillan -Beas, seconded by Council Member Solache to approve the consent calendar and receive and file staff reports. AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE, HERNANDEZ AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #9. MINUTES OF PREVIOUS MEETINGS Regular Meeting — March 4, 2014 Item #10. APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2014.044 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #11. CERTIFICATION, REVIEW, AND GRANTING OF UTILITY USERS' TAX EXEMPTIONS FOR CALENDAR YEAR 2014 RESOLUTION NO. 2014.045 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE CERTIFIED LIST OF UTILITY USERS' TAX EXEMPTIONS FOR THE PERIOD OF JANUARY 1, 2014 THROUGH DECEMBER 31, 2014, AND GRANTING EXEMPTIONS TO THE INDIVIDUALS ON THE CERTIFIED LIST Item #12. TARGETED EMPLOYMENT AREA (TEA) UPDATE FOR THE SOUTH GATE / LYNWOOD ENTERPRISE ZONE RESOLUTION NO. 2014.046 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT (HCD) FOR A TARGETED EMPLOYMENT AREA (TEA) AS PART OF THE SOUTH GATE / LYNWOOD ENTERPRISE ZONE NEW /OLD BUSINESS Item #13. AFFORDABLE CARE ACT - REQUEST FROM THE OFFICE OF CONGRESSWOMAN JANICE HAHN It was moved by Council Member Santillan -Beas, seconded by Council Member Solache to adopt the resolution. RESOLUTION NO. 2014.047 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE USE OF LYNWOOD COMMUNITY CENTER ROOM #1 AND WAIVING THE RENTAL FEES IN THE AMOUNT OF $342 AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE, HERNANDEZ AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #14. REDFLEX PHOTO RED LIGHT ENFORCEMENT PROGRAM — AGREEMENT RENEWAL Mayor Castro clarified that the City of Compton did not take out their cameras but they did not pay their bill and the company came and took the cameras. For the City of Los Angeles the Mayor explained that they do not use the same system as Lynwood and they were having some issues with the corrupt system within their city hall and City of South Gate had budget issues. She stated understanding that the company may have issues. She believes those individuals' taking alternative routes helps with the traffic. She explained that the system has a video you are able to view on -line to verify if you took the red light. She stated that most tickets have been issued to non - Lynwood residents. She appreciates comments from individuals from other cities but asked them not to confuse what happens in other cities with Lynwood. She asked Deputy Parr to come up and speak in regards to the review process and issuance of the red light violations. Deputy Parr, Senior Traffic Investigator introduced himself and stated that he has been running the red light camera system since 2007. He explained that most individuals that disagree with the program do not understand it. He believes that Red Flex is the premium vendor available because they have photos and video of the infraction. He explained the complete process of how the infraction is verified for accuracy and how it goes through Red Flex staff and then to him for review before the citation is issued. He stated that he does not look at anything where the driver was going below 14 miles per hour. Mayor Castro asked Deputy Parr to elaborate on the right turns on red light and 14 miles per hour threshold. Deputy Parr explained that 14 miles per hour has been identified as the danger threshold and per the California Vehicle Code says you must make a complete stop behind the white line before proceeding. He said people think it is unfair that the system captures incomplete right turns but explained that he has seen videos of children crossing the street and being hit because drivers are looking to the left for cars. He believes that with systems like this in place there is a good chance that these accidents may be avoided. He stated that less than a quarter of the violations are Lynwood residents. Council Member Solache asked what the judgment call on a right turn on a yellow light Deputy Parr explained that as long as the light is not red it's okay to make the turn and you will not get a ticket from Red Flex if you are under the 14 mile per hour threshold. Mayor Castro thanked Deputy Parr for speaking and said she wanted the residents to know there is a middle man looking into this and it's not just a company trying to take the money. Council Member Alatorre shared his concerns with the wording of the contract. He was a Traffic & Parking Commissioner when they first came to offer the service to the city. He commented on promises made to the commissioners. Mayor Castro's questions for the vendor are cost neutrality, who pays for the storage of the data and who owns it and questions on the clause that states if the contract is terminated the city is responsible for the cost of bringing down the equipment, what is the cost and what does it entail, how many citations have been issues and and how many are have become actual convictions. Mike Negrete, Accounts Manager assigned to the City of Lynwood introduced himself. Council Member Alatorre commented on the presentation to the Commissioners some years ago. He commented on certain conditions back then that the system needed to provide the front and back license plate visual and facial picture of the driver to issue the citation. He asked when did this the requirements change. Mr. Negrete clarified that the equipment is owned and maintained by Red Flex. He explained that is whenever incidents are captured they are sent to Red Flex for review but it is up to the city and Sheriff to decide whether the citations is issued. Council Member Alatorre asked Mr. Negrete about two citations he had with him and asked what the difference is between a South Gate and Lynwood citation. Mr. Negrete responed that there is no difference. Council Member Alatorre asked why is it that the Lynwood ticket is signed by the Sheriff's deputy but the ticket from South Gate reads that it is a courtesy notice signed by a Police Department Officer. Mayor Castro asked Council Member Alatorre if his question is why the ticket is issued differently from one city to the other. Council Member Alatorre stated having a problem with the contract because if the Sheriffs Department rejects 10 percent of the ticket the city is responsible to pay and he does not like that condition on the city. He asked if the Sheriffs reject 10 percent or more, why is the city responsible to pay 100 percent. Keith Underwood, Account Representative and former Sergeant at the City of South Gate explained that the courtesy is a notice to appear and the Lynwood one is a citation. He clarified the process of how the citations are processed and forwarded to Deputy Parr. He explained you cannot issue a citation to a company vehicle and if Deputy Parr cannot identify a driver for a car he send the citation to the registered owner of the vehicle. He added that sometimes it is a gender issue if they see a registered owner is a female but the driver is a male. That is when they issue a courtesy notice and it is up to the registered owner to complete the document and return providing the information who was actually driving the vehicle at the time the citation was issued. Council Member Alatorre commented on having a problem with the distribution of funds Mr. Negrete explained about different types of fees and statutes set by the State of California. Mayor Castro asked why is that council needs to bring it up to Red Flex and the vendor not notifying them in advance of a cost neutrality issue. Mr. Negrete explained that this is a cost neutrality contract and they issue a monthly revenue statement for the cities because it is month to month monitoring. Council Member Alatorre stated that if Lynwood rejects 10 percent of citations, cost neutrality does not apply. There is no revenue for the city, only a public safety enhancement. Mayor Castro asked Council Member Alatorre if he would prefer to table the item. Council Member Alatorre responded yes. Mayor Pro Tern Hernandez made a motion, seconded by Council Member Solache to table the item in order to review the contract. Mayor Castro stated that they want to clarify some points from the contract which are to ensure the wording in the contract is protecting the city. She asked that the City Attorney look at the contract. Council Member Solache wants to know if there is a way to reduce the price for a Lynwood resident and increase the cost for a non Lynwood resident and why does the money go to the State. Mayor Castro stated that the city will forward questions and concerns to Red Flex and questions will be answered in advance of brining the item back to the April 1 st Council meeting. Mayor Pro Tern Hernandez asked that Red Flex resend a new contract after questions are answered and asked if there are any changes to contract they be send to the city before April 1 st Mr. Negrete agreed that contract is important and is willing to work with City Attorney. Mayor Castro stated that the item would be tabled by unanimous consent. It was moved by Mayor Pro Tern Hernandez, seconded by Council Member Solache to table the item to the first regularly scheduled meeting in April 2014. Item #15. LOS ANGELES COUNTY SHERIFF CONTRACT RENEWAL Mayor Castro reorganized the agenda and took Item #15 before the consent calendar. City Manager Magana - Withers introduced the item regarding the contract renewal for the Los Angeles County Sheriff's Department. Mayor Castro stated that direction had been provided to the Interim City Manager to include Mayor Pro Tern Hernandez in the negotiation of the contract. She asked for a staff report with staff recommendations to be brought to council 60 days in advance of the rate increase and that the report is worked on with Mayor Pro Tern Hernandez. She commented on concerns and questions in regards to the way the contract is designed. Mayor Castro asked if there were any questions or concerns from council. Council Member Alatorre would like to have an opportunity to give his input on the Sheriff's services being provided and the cost. He would like to give some ideas to staff on the cost because he believes there are some services that could be changed. He would like to know what the cost is to have two men cars and also believes there should be at least two motorcycle officers to address the traffic issues at the schools. He would like explore what other services can be added to the new contract and the cost. He commented on the activity of the COPS Team and their efforts to deter crime but would also like other issues of quality of life addressed such as the illegal vendors. Council Member Alatorre would like to have input in the decisions that will be made by the incoming Sheriff in regards to contract cities. He would like the Sheriff Deputies to have the necessary tools to be able to protect the city and wants to ensure that available grants are utilized to provide the tools. Mayor Castro commented on two men cars and not being able to afford it when they looked into it in the past. She asked Captain Chavez to elaborate on how the station prioritizes their calls. Council Member Alatorre would like to see new deputies coming into Lynwood to commit to stay for at least two years. Mayor Castro asked the Captain to also explain about not getting too involved because of liability issues. Captain Chavez clarified that the timeframe that deputies stay in Lynwood is between 5 to 7 years. He added that deputies do not train in Lynwood instead they train in an unincorporated area and after 1 to 2 years of being considered a successful deputy they move up and come to Lynwood. Captain Chavez explained that the contract before council tonight is only to commit with the Sheriff's Department for Public Safety Services for the next five years with no numbers or amount of personnel involved. He stated that the supplemental contract which will come before them in April is the contract that can be negotiated and changed to add more personnel. He commented on the cost of the two men cars. He explained that there were two contracts signed in the past, one for policing services and other one for special events such as cruising, loud party by placing a phone call to them. He explained that in the past five years that they've sat with the City Manager to discuss the contract no new services have been added other going from 6 deputies to 5 because of Deputy Moreno and his 2 canines and instead of increasing costs they have looked for other creative ways to keep cost down without cutting their services. He commented on the daytime DUI patrol deputy being trained for commercial vehicle patrolling and switching the duties to have a deputy enforcing illegal vehicles in the city. Captain Chavez also explained that in September there will be an opportunity to modify the contract either to add or delete personnel. He stated that the school district at one point went from 2 deputies to 0 and later were able to rehire 1 deputy and with the help of a grant have now hired a second deputy. His main concern is to keep the community safe and he is willing to sit down with each of the council members individually or collectively to discuss. He informed council that the DUI Checkpoints and decoy cars do not cost the city any money and added that if there are any gang related issues he can have his old unit come in to assist the Gang unit along with investigators to address the issue immediately free of charge. Lieutenant Deed is also free of charge. Mayor Castro asked the City Manager to add a section for the Sheriffs Department to add their goals and objectives. Council Member Santillan -Beas reminded the council that in the last five years they've also acquired street cameras throughout the city, the 2 dogs and several new ASAP vehicles. Mayor Castro added the narcotic reimbursements to the accomplishment list mentioned by Council Member Santillan -Beas. Captain Chavez elaborated on the work by Deputy Paul Merino and the two canines. He commented on Deputy Merino's commitment to the community. Council Member Alatorre thanked the Captain for answering the questions. Mayor Pro Tern Hernandez commented on his involvement with the Sheriff's Department, the Clergy Council and Treasurer of the Foundation. He asked if there is a calendar for the checkpoint. Captain Chavez responded that the checkpoints are calendared. He informed the council of an upcoming DUI Checkpoint on March 20 and thanked Mayor Pro Tern Hernandez for reminding him. He explained that the DUI Checkpoints and Distracted Driving patrolling are all paid for by grants and they come to Lynwood quite often as well as to other contract cities. Mayor Pro Tern Hernandez would like to see the calendar and would like to provide that calendar of checkpoints to the community. He voiced his concern about unlicensed drivers having their cars taken away when they have a family and the family is left walking or when they are coming from work and are not doing anything wrong. He is against drunk driving and driving while texting but feels that until California passes a law it is a disservice to the unlicensed community to have their cars taken away. Mayor Castro mentioned that in the past the council has asked that unlicensed license drivers not be the focus and the deputies have been very good about it. She stated that once the checkpoint is over they are provided with a report and they have allowed families in that situation given an opportunity. She is happy that California will be passing a law to allow everyone to obtain a driver's license once they pass the test. Mayor Castro asked the Captain if she was correct in saying that council's request is being respected. Mayor Pro Tem Hernandez asked if the Sheriffs are handling the situation by allowing the family to call someone else that is licensed to come and pick up the vehicle for them. Captain Chavez clarified what he calls the "spirit of the law" and the "letter of the law ". He explained that individuals that poses a driver license from another country is allowed to go on their way and if the driver is unlicensed and no other person in the car has a licensed they allow them to contact someone with a license to pick up the vehicle. He also clarified that his Deputies do not ticket everyone they stop and they operate on the "spirit of the law ". Council Member Solache thanked the Captain and Deputies in the audience and said he has always been very impressed with their work. He commented on residents wanting public safety and how he strongly supports the enforcement of drugs and prostitution and as a council will continue to support their efforts and strategies. In regards to the language of the contract he informed the City Manager he would like to discuss how the rate increases are calculated when the contract is approved in April. He commented on the recent increase in pay for the employees being lower than those of the deputies. He asked the Captain to continue working on keeping Lynwood safe and keep criminals off the streets. Captain Chavez explained that he does not receive an increase in pay and deputies finally received a 2 percent in pay after five years. He clarified that these things are discussed by the Board Members of California Contract Cities. Council Member Solache stated that he would like to have the discussion to understand because these things are new to the new council members. He also commented on the city's security company who he believes are the city's eyes and ears and wants to ensure that they have a good partnership with the Sheriffs Department because he feels that the Sheriffs presence is much stronger and he wants families to feel comfortable when they come out to the park with their children and they don't have to worry about someone smoking pot in front of them. Captain Chavez said he will reach out to the security company again and said they had a good relationship but they need to reengage and make sure they have the connections that they need to know who they need to contact for a fast response. Mayor Castro would like to work on obtaining another motorcycle deputy and she asked the Captain to reach out to St. Emydius Church because they are having issues with their parking and trying to be nice about them blocking the street. She asked the Captain to talk to the individuals from St. Emydius in the audience and said they also need help with their security guards. She explained that parents are lined up on the street when the children are let out of school and she would like the Sheriffs to allow a courtesy week to remind them of the rules of the road but after the week they can enforce the law. She said she does not buy the lack of communication from the security company and for the record she stated, "it is called pick up the phone call the station and if the person answering the phone isn't giving you the help you need, ask for watch commander ". Mayor Castro asked the Captain about the monitoring of the cameras located at Lynwood Park and Ham Park. She commented on some students hanging out at the park yesterday about 10:00 a.m. when school was still in session and she would like the Captain to remind the deputies that truancy will not be tolerated and about the curfew for underage children so that it can be enforced as well. Mayor Pro Tern Hernandez stated he does not want the Sheriffs to have to handle parking issues and illegal vendor issues because there are bigger things to focus on. He would like the city to become better organized to be able to address these issues on the weekends. Council Member Santillan -Beas asked the Captain to provide a report on what type of calls the residents complain about so that they know and focus on those concerns. Mayor Castro agreed with Mayor Pro Tem's comments and asked if Deputy Ulloa can help because Parking needs a little reminder. City Manager Magana - Withers stated that they are working with the different Catholic schools as well as the LUSD schools to enforce the pick up plans. It was moved by Mayor Pro Tern Hernandez, seconded by Council Member Solache to adopt the resolution. RESOLUTION NO. 2014.048 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED CONTRACT WITH THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE, HERNANDEZ AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #16. EMERGENCY, ABANDONED, & RECALCITRANT PROGRAM (EAR) PROGRAM FUND AGREEMENT NO.3 Mr. Bruno Nualls provided the staff report regarding emergency, abandoned & recalcitrant program (EAR) program fund agreement Nomber 3. It was moved by Council Member Santillan -Beas, seconded by Council Member Solache to adopt the resolution. RESOLUTION NO. 2014.049 ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL AUTHORIZING AGREEMENT NO. 3 WITH THE STATE WATER RESOURCES CONTROL BOARD (SWRCB) FOR THE USE OF EMERGENCY, ABANDONED, & RECALCITRANT (EAR) PROGRAM FUNDS IN THE AMOUNT OF $197,994 TO CONDUCT CORRECTIVE ACTION AT THE PETROLEUM UNDERGROUND STORAGE TANK (UST) SITE LOCATED AT 11600 LONG BEACH BOULEVARD, FOR A TOTAL AMOUNT AWARDED TO DATE OF $1,472,994 AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE, HERNANDEZ AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #17. AGREEMENT WITH JOHN L. HUNTER AND ASSOCIATES, INC. TO ASSIST IN MS4 PERMIT COMPLIANCE AND OTHER ENVIRONMENTAL PROGRAMS City Manager Magana - Withers introduced the item regarding the agreement with John L. Hunter and Associates. RESOLUTION NO. 2014.050 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A THREE YEAR AGREEMENT WITH JOHN L. HUNTER, AND ASSOCIATES, INC. TO ASSIST THE CITY WITH MS4 PERMIT COMPLIANCE AND OTHER ENVIRONMENTAL PROGRAMS IN AN AMOUNT NOT —TO- EXCEED $127,420 PER YEAR AND APPROPRIATION FROM THE UNAPPROPRIATED SEWER FUNDS AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE, HERNANDEZ AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #18. APPROVAL OF BLACK & VEATCH CORPORATION AGREEMENT TO PREPARE WATER SYSTEM NEEDS ASSESSMENT STUDY AND UPDATE THE WATER AND SEWER RATE STUDY It was moved by Mayor Castro, seconded by Council Member Alatorre to adopt the resolution. RESOLUTION NO. 2014.051 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AGREEMENT BETWEEN BLACK & VEATCH CORPORATION AND THE CITY OF LYNWOOD; AND THE APPROPRIATION OF NOT TO EXCEED $46,695 FROM THE UNAPPROPRIATED WATER /SEWER ENTERPRISE FUND TO COVER THE COST OF UPDATING THE WATER AND SEWER RATE STUDY AND THE PREPARATION OF A NEEDS ASSESSMENT STUDY AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE, HERNANDEZ AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #19. APPROPRIATION FOR STREET MAINTENANCE DIVISION AND BUILDING MAINTENANCE DIVISION City Manager Magana - Withers introduced the item. It was moved by Mayor Pro Tern Hernandez, seconded by Council Member Alatorre to adopt the resolution. RESOLUTION NO. 2014.052 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE APPROPRIATION FOR STREET MAINTENANCE DIVISION AND BUILDING MAINTENANCE DIVISION TO COVER UNANTICIPATED COSTS FOR FY 2013 -14 AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE, HERNANDEZ AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #20. CLOSED SESSION With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: A. CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: Tafoya & Garcia City Attorney David Garcia Haydee M. Sainz, Director of Human Resources & Risk Management Employee Organization: LEA/AFSCME Local 1920 By a vote of 5 -0 the City Council provided specific direction on the position being considered. ADJOURNMENT Having no further discussion, it was moved by Council Member Solache, seconded by Council Member Alatorre, and carried to adjourn the regular Lynwood City Council meeting at 9:59 p.m. Aide Castro, Mayor Maria Quinonez, City Clerk A ptamn,�„ LL , 1 ST REP DATE: April 1, 2014 TO: Honorable Mayor and Members of the City Council APPROVED BY: Sarah Magana Withers, City Manag r. ,PREPARED BY: Christy Valencia, Finance Manager 4 Lilly Hampton, Accounting Technician ocW- SUBJECT: Approval of the Warrant Register Recommendation: Staff respectfully recommends that the Lynwood City Council approve the warrant register for April 1, 2014. ------------- - - - - -- Attached Warrant Register dated April 1, 2014--------- - - - - -- ITEM vchlist 03/25/2014 3:12:26 PM Bank code: apbank Voucher List City of Lynwood EFT Page: 1 Voucher Date Vendor Invoice PO # Description /Account Amount 1001635 3/10/2014 000053 CALPERS 1 Vouchers for bank code apbank 1344 MEDICAL PREMIUM 3/2014 1011.20140 7151.35.355.64012 7151.35.355.64399 Bank total 150,857.55 36, 342.99 662.42 Total : 187,862.96 187,862.96 1 Vouchers in this report Total vouchers : 187,862.96 vchlist Voucher List Page: 2 03/12/2014 3:26:43 PM City of Lynwood PRE -PAID CHECKS Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 176416 3/12/2014 006473 BEST DRILLING AND PUMP, INC. 1330 -A 1379 -A 1436 -A 1553 1 Vouchers for bank code 1 Vouchers in this report apbank EMERGENCY REPAIRS WELL 06- 004585 4011.67.009.62015 3,191.88 06- 004585 4011.20601 - 168.71 EMERGENCY REPAIRS WELL 06- 004585 4011.67.009.62015 0.01 EMERGENCY REPAIRS_ WELL 06- 004585 4011.67.009.62015 0.10 EMERGENCY REPAIRS WELL 06- 004585 4011.67.009.62015 108,397.00 06- 004585 4011.20601 - 8,240.43 Total : 103,179.85 Bank total : 103,179.85 Total vouchers: 103,179.85 Vchllst 03/13/2014 4:27:22PM Bankcode: apbank Voucher Date Vendor 176417 3/1312014 007566 HERNANDEZ, EDWIN 1 Vouchers for bank code : apbank 1 Vouchers in this report Voucher List Page: g City of Lynwood PRE —PAID CHECK Invoice P O Description /Account Amount 007566012414A MILEAGE REIMB- HERNANDEZ,E 1011.10.101.64015 446.32 Total: 446.32 Bank total: 446.32 Total vouchers : 446.32 vchlist Voucher List Page: 4 03/1712014 10:57:25 AM City of Lynwood PRE -PAID CHECKS Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 176418 3/17/2014 006399 AT &T 000005164852 TELEPHONE SERVICE 6051.45.450.64501 134.02 Total : 134.02 176419 3/17/2014 002600 CCCA 55TH ANNUAL SEMINAR 002600051814 REGI- S.ALATORRE 1011.10.101.64015 525.00 Total : 525.00 176420 3/17/2014 002600 CCCA 55TH ANNUAL SEMINAR 002600051814 -A REGI- E.HERNANDEZ 1011.10.101.64015 525.00 Total : 525.00 176421 3/17/2014 002600 CCCA 55TH ANNUAL SEMINAR 002600051814 -B REGI- M.SANTILLAN -BEAS 1011.10.101.64015 525.00 Total: 525.00 176422 3/17/2014 007566 HERNANDEZ, EDWIN 007566033114 ELECTRONIC /MEDIA -AUTO 1011.10.101.60025 250.00 1011.10.101.60030 250.00 Total : 500.00 176423 3/17/2014 002601 RENAISSANCE ESMERALDA RESORT 002601051814 LODGING- S.ALATORRE 1011.10.101.64015 523.46 Total : 523.46 176424 3/17/2014 002601 RENAISSANCE ESMERALDA RESORT 002601051814 -A LODGING- E.HERNANDEZ 1011.10.101.64015 523.46 Total : 523.46 176425 3/17/2014 002601 RENAISSANCE ESMERALDA RESORT 002601051814 -B LODGING- M.SANTILLAN BEAS 1011.10.101.64015 523.46 Total: 523.46 176426 3/17/2014 000163 SOUTHERN CALIFORNIA EDISON 000163030414 LIGHT & POWER SERVICE 2051.45.430.65001 44.51 2651.45.425.65001 124.96 _ 2701.45.610.65001 308.34 vchlist Voucher List Page: 5 03/17/2014 10:57:25 AM City of Lynwood PRE -PAID CHECKS Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 176426 3/17/2014 000163 SOUTHERN CALIFORNIA EDISON (Continued) 6051.45.450.65001 1,564.89 000163030414A LIGHT & POWER SERVICE 6051.45.450.65001 11,438.75 000163030414 -A LIGHT & POWER SERVICE 9 Vouchers for bank code : apbank 9 Vouchers in this report 2051.45.430.65001 56.24 Total: 13,537.69 Bank total : 17,317.09 Total vouchers : 17,317.09 vchlist 03/18/2014 4:55:02PM Bank code : apbank Voucher List Page: 6 City of Lynwood PRE —PAID CHECKS Voucher Date Vendor Invoice PO # Description /Account Amount 176427 3118/2014 008803 DUENAS, MARIA 008803031314 SPECIAL NEEDS EVENT -REIMB 08- 002424 1011.60.701.64020 300.00 Total: 300.00 176428 3/18/2014 005588 PLUMBERS DEPOT, INC PD -22599 OPERATING SUPPLIES 01- 000944 6051.45.460.63025 798.24 PD -22861 REPAIR SVCS 01- 000944 6051.45.460.63025 297.22 Total : 1,095.46 176429 3/18/2014 008802 SANTANA, MARISELA 008802031314 SPECIAL NEEDS EVENT REIMB 08- 002425 1011.60.701.64020 428.03 Total: 428.03 176430 3/18/2014 001302 U.S. BANK 001302021014 CREDIT CARD CHARGES 1011.15.105.64515 25.00 1011.10.101.64515 30.00 6051.30.290.64399 404.97 1011.10.101.64515 25.00 1011.10.101.64015 6.99 1011.75.815.64015 6.99 1011.10.101.64015 2,167.03 1011.75.815.64015 1,171.50 1011.25.255.60035 147.00 1011.10.101.64015 233.00 1011.75.815.64015 233.00 1011.10.101.64015 799.22 1011.75.815.64015 799.22 1011.10.101.64515 25.00 1011.10.101.64015 482.15 1011.10.101.65040 270.00 6051.30.315.64399 109.65 1011.10.101.64515 30.00 1011.20.110.64515 30.00 1011.10.101.64015 43.00 1011.75.815.64015 43.00 Total : 7,556.71 4 Vouchers for bank code : apbank Bank total : 9,380.20 4 Vouchers in this report Total vouchers : 9,380.20 vchlist 03124/2014 12:58:04 PM Voucher List City of Lynwood PRE -PAID CHECK Page: 7 Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 176431 3/19/2014 005566 RODRIGUEZ GONZALEZ, YOLANDA 005566033114 1 Vouchers for bank code apbank ELEC /MEDIA & AUTO EXPENSE REIN 1011.20.110.60030 250.00 1011.20.110.60025 250.00 Total : 500.00 Bank total: 500.00 1 Vouchers in this report Total vouchers : 500.00 vchlist 1011.30.290.64501 Voucher List Page: 8 03/24/2014 12:12:29 PM City of Lynwood 1011.55.515.67950 Total PRE -PAID CHECKS EMERGENCY CELL PHONES Bank code : apbank Total Voucher Date Vendor Invoice PO # Description /Account Amount 176432 3/24/2014 000955 CENTRAL BASIN MUNICIPAL WATER LYN -FEB14 WATER PURCHASE 06- 004849 6051.45.450.67415 1,913.90 Total : 1,913.90 176433 3/24/2014 007206 CHEVRON 176434 3124/2014 004691 CLA -VAL CO. 176435 3/24/2014 000163 SOUTHERN CALIFORNIA EDISON 40733357 FUEL 06- 004992 7011.45.420.65010 Total 621384 EMERGENCY PARTS AND SVC REQL 06- 005127 6051.45.450.64399 Total 000163030614 000163030814 000163030814 -A 000163031114 LIGHT & POWER SERVICE 2651.45.425.65001 LIGHT & POWER SERVICE 2051.45.430.65001 LIGHT & POWER SERVICE 2051.45.430.65001 2651.45.425.65001 LIGHT & POWER SERVICE 2051.45.430.65001 2651.45.425.65001 Total 176436 3/24/2014 002353 SPRINT 176437 3/24/2014 000041 VERIZON WIRELESS -LA 269490420 -045 CELL PHONE SERVICES 02- 001579 1011.30.290.64501 02- 001579 6051.30.290.64501 REPLACEMENT DAMAGED PHONE F 07- 000585 1011.55.515.67950 Total EMERGENCY CELL PHONES 02- 001581 6051.30.290.64501 Total Bank total Total vouchers 6 Vouchers for bank,code : apbank 6 Vouchers in this report 269490420 -045 -A 9720497891 10,041.97 10,041.97 2,501.23 2,501.23 191.26 156.41 54.02 37,403.82 138.45 374.01 38,317.97 1,112.10 1,112.10 82.98 2,307.18 4.87 4.87 55,087.12 55,087.12 vchlist 03/25/2014 5:31:21 PM Voucher List City of Lynwood Page: 9 Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 176438 4/1/2014 007697 ACEVES, MARVIN 007697011414 PLANNING COMMISSIONER 04- 000469 1011.50.505.60999 25.00 007697021114 PLANNING COMMISSIONER 04- 000469 1011.50.505.60999 25.00 Total : 50.00 176439 4/1/2014 006855 ALESHIRE 8 WYNDER, LLP 26796 LEGAL SERVICES - WATER FUND 02- 001665 6051.30.315.62001 1,827.00 26796 -A LEGAL SERVICES - WATER FUND 02- 001671 6051.30.315.62001 2,100.00 Total : 3,927.00 176440 4/1/2014 008217 AMAZON.COM, LLC 046702925075 INK CARTRIDGES FOR MIS XEROX 02- 001654 1011.30.290.65020 65.03 115240628040 COMPUTER /NETWORK SUPPLIES 02- 001626 1011.30.290.65020 18.50 02- 001626 6051.30.290.65020 18.50 200450848907 COMPUTER /NETWORK SUPPLIES 02- 001626 101 1.30.290.65020 6.87 02- 001626 6051.30.290.65020 6.87 225196299884 INK CARTRIDGES FOR MIS XEROX 02- 001654 1011.30.290.65020 405.22 299411230162 COMPUTER /NETWORK SUPPLIES 02- 001626 1011.30.290.65020 9.71 02- 001626 6051.30.290.65020 9.71 Total : 540.41 176441 4/1/2014 008373 ARAMARK UNIFORM SERVICES 528540698 UNIFORM SERVICE- RECREATION 08- 002297 1011.60.705.60040 5.68 528574509 UNIFORM SERVICE- RECREATION 08- 002297 1011.60.705.60040 5.68 528574510 ARAMARK UNIFORM 06- 004803 101 1.45.415.60040 70.06 Total : 81.42 176442 4/1/2014 007435 ARROWHEAD DIRECT 04C0031568967 WATER AND COOLER RENTAL vchlist 03/25/2014 5:31:21 PM Voucher List City of Lynwood Page: 10 Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 176442 4/1/2014 007435 ARROWHEAD DIRECT (Continued) 02- 001672 1011.30.275.67950 39.60 Total : 39.60 176443 4/1/2014 005539 AVALOS, STEVEN A. 005539123113 DEDUCTIBLE REIMBURSEMENT 1011.30.275.61035 30.00 Total : 30.00 176444 411/2014 005838 BARRIOS, DEBORAH D. 005838123113 DEDUCTIBLE REIMBURSEMENT 1011.30.270.61035 90.00 Total : 90.00 176445 4/1/2014 008496 BATTLE, ELIZABETH ANNE 008496011414 PLANNING COMMISSIONER 04- 000478 1011.50.505.60999 25.00 008496021114 PLANNING COMMISSIONER 04- 000478 1011.50.505.60999 25.00 Total : 50.00 176446 4/1/2014 000115 BAUTISTA, JUAN ANTONIO 000115031114 KARATE INSTRUCTOR 1011.60.705.62015 291.18 Total: 291.18 176447 4/1/2014 008825 BRIGHT, BOBBIE L. 800068869 REFUND - PARKING CITATION 1011.55.34105 86.50 Total : 86.50 176448 4/1/2014 007117 BROOKS, REGINA 007117123113 DEDUCTIBLE REIMBURSEMENT 1011.76.208.61035 40.00 Total : 40.00 176449 4/1/2014 008817 CALDERON, CIRIA 33029 REFUND- PARKING CITATION 1011.55.34105 177.00 Total : 177.00 176450 41112014 000488 CANON SOLUTIONS AMERICA, INC 4012298578 FINANCE COPIER MAINTENANCE 02- 001585 1011.30.270.63025 112.93 02- 001585 1011.30.275.63025 112.93 02- 001585 1011.30.310.63025 112.94 vchlist Voucher List Page: 11 03/2512014 5:31:21 PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice 176450 4/1/2014 000488 CANON SOLUTIONS AMERICA, INC (Continued) 176451 4/1/2014 002094 CCAC 176452 176453 4/1/2014 001195 CDW GOVERNMENT 469 470 471 KH42105 4/1/2014 008816 CHERI M. BRICE, RICHARD BRICE OR 28730 176454 4/1/2014 008107 CHICAGO TITLE COMPANY FCPF- 0911400788 -2 FCPF- 0911402028 -1 FCPF- 0911402279 -1 FCPF- 0911402280 -1 176455 4/1/2014 000124 CITY OF LYNWOOD 28434 -28467 PO # Description /Account Amount 02- 001585 6051.30.315.63025 112.94 Total: 451.74 MEMBERSHIP DUES- A.DUARTE 1011.15.105.65040 70.00 MEMBERSHIP DUES- L.GARCIA 1011.15.105.65040 70.00 MEMBERHSIP DUES- M.QUINONEZ 1011.15.105.65040 170.00 Total : 310.00 DESKTOP COMPUTERS 02- 001670 1011.30.290.66015 1,120.00 02- 001670 6051.30.290.66015 1,120.00 02- 001670 1011.30.290.66015 2,300.00 02- 001670 6051.30.290.66015 2,760.00 02- 001670 1011.30.290.66015 307.80 02- 001670 6051.30.290.66015 349.20 Total : 7,957.00 REFUND- PARKING CITATION 1011.55.34150 141.00 Total: 141.00 TITLE REPORTS FOR HOME /CDBG 11- 000336 2961.75.665.62015 15.00 TITLE REPORTS FOR HOME /CDBG 11- 000336 2961.75.865.62015 65.00 TITLE REPORTS FOR HOME /CDBG 11- 000336 2961.75.865.62015 65.00 TITLE REPORTS FOR HOME /CDBG 11- 000336 2961.75.865.62015 65.00 Total : 210.00 WORKER'S COMP REPLENISHMENT 7151.35.345.67410 13,116.02 vchlist 03/2512014 5:31:21 PM Bank code: apbank Voucher Date Vendor 176455 4/112014 000124 000124 CITY OF LYNWOOD 176456 4/1/2014 006281 CONSULTANTS. PROFESSIONAL Voucher List Page: 12 City of Lynwood Invoice PO # Description /Account Amount (Continued) Total: 13,116.02 IN000050498 SECURITY FOR PRIVATE EVENTS 08- 002303 1011.60.740.62015 926.10 IN000050707 SECURITY SERVICES FOR PRIVATE 08- 002419 1011.60.740.62015 394.45 IN000054206 SECURITY FOR PRIVATE EVENTS 08- 002303 1011.60.740.62015 923.93 IN000055877 SECURITY SERVICE 08- 002417 1011.60.701.62016 7,221.00 08- 002417 1011.10.101.62016 228.27 08- 002417 1011.15.105.62016 228.27 08- 002417 101 1.20.110.62016 228.27 08- 002417 101 1.25.205.62016 228.27 08- 002417 1011.30.275.62016 685.56 08- 002417 1011.35.330.62016 228.27 08- 002417 1011.45.401.62016 275.27 08- 002417 1011.50.505.62016 228.27 08- 002417 1011.55.601.62016 228.27 08- 002417 1011.75.815.62016 228.27 08- 002417 6051.30.315.62016 685.56 08- 002417 6051.45.450.62016 275.27 IN000056093 SECURITY SERVICE 08- 002417 1011.60.701.62016 6,912.27 08- 002417 1011.10.101.62016 218.51 08- 002417 101 1.15.105.62016 218.51 08- 002417 1011.20.110.62016 218.51 08- 002417 1011.25.205.62016 218.51 08- 002417 1011.30.275.62016 656.24 08- 002417 1011.35.330.62016 218.51 08- 002417 1011.45.401.62016 263.50 08- 002417 1011.50.505.62016 218.51 08- 002417 1011.55.601.62016 218.51 08- 002417 1011.75.815.62016 218.51 08- 002417 6051.30.315.62016 656.24 08- 002417 6051.45.450.62016 263.50 IN000056464 SECURITY SERVICES FOR PRIVATE vchlist 0312512014 5:31:21 PM Voucher List City of Lynwood Page: 13 Bank code : apbank V Date Vendor Inv oice PO # Descrip /A c c ount Amount 176456 4/1/2014 006281 CONSULTANTS, PROFESSIONAL (Continued) 08- 002419 101 1.60.740.62015 1,064.77 IN000056895 SECURITY SERVICES FOR PRIVATE 08- 002419 1011.60.740.62015 2,031.93 Total : 26,809.83 176457 4/1/2014 004903 CORDOVA, MARISA 004903123113 DEDUCTIBLE REIMBURSEMENT 1011.50.605.61035 150.00 Total : 150.00 176458 4/1/2014 008818 CROWN CASTLE E- 001055 REFUND - BUILDING PERMIT 1011.50.31110 77.39 1011.30.36102 1.67 Total : 79.06 176459 41112014 008721 CYBERCODERS, INC. NI616723 WEBSITE 07- 000583 1011.55.250.62015 2,100.00 Total : 2,100.00 176460 4/1/2014 000138 DAILY JOURNAL CORPORATION B2592604 NEWSPAPER PUBLICATIONS 03- 000282 1011.15.105.62025 50.40 B2594547 PUBLICATION SERVICES 11- 000311 2941.75.285.62025 222.60 Total : 273.00 176461 4/1/2014 001306 DATAQUICK INFORMATION B1- 2260590 BUSINESS LICENSE SOFTWARE 11- 000434 1011.75.510.62015 35.50 B1- 2264311 PROPERTY DETAIL INFORMATION 04- 000465 1011.50.605.64399 250.00 Bt- 2270578 BUSINESS LICENSE SOFTWARE 11- 000434 1011.75.510.62015 75.00 Total : 360.50 176462 411/2014 002430 DELGADILLO, YOLANDA 002430123113 DEDUCTIBLE REIMBURSEMENT 1011.35.330.61035 320.00 Total: 320.00 176463 4/1/2014 008822 DORADO, CYNTHIA 804000507 REFUND -UB ACCOUNT vchlist 03/2512014 5:31:21PM Voucher List City of Lynwood Page: 14 Bank code : apbank Voucher Date V en d o r Invoice PO # Description /Account Am 176463 4/1/2014 008822 DORADO, CYNTHIA (Continued) 6051.20103 225.38 Total: 225.38 176464 4/1/2014 002566 DUARTE, ALICIA 002566123113 DEDUCTIBLE REIMBURSEMENT 1011.15.105.61035 160.00 Total: 160.00 176465 4/1/2014 003317 FAIR HOUSING FOUNDATION 003317022814 CDBG PUBLIC SERVICE PROGRAM 11- 000350 2941.75.285.64399 779.56 Total : 779.56 176466 4/1/2014 004263 FIGUEREDO, KAREN 004263123113 DEDUCTIBLE REIMBURSEMENT 1011.50.505.61035 45.00 Total: 45.00 176467 4/112014 008784 FLORES, LUPE 40596 REFUND - PARKING CITATION 1011.55.34150 127.50 Total: 127.50 176468 4/1/2014 005796 FUENTES, HERIBERTO 005796123113 DEDUCTIBLE REIMBURSEMENT 2051.45.410.61035 30.00 Total: 30.00 176469 4/1/2014 002559 GAMBOA, HERLINDA R 002559123113 DEDUCTIBLE REIMBURSEMENT 6051.30.315.61035 70.00 Total : 70.00 176470 4/1/2014 005536 GANNETT FLEMING, INC. 054515`16 EAR GRANT CONSULTING 11- 000410 3561.75.831.62015 29,674.61 Total : 29,674.61 176471 4/112014 000993 GRM INFORMATION MANAGEMENT 0218401 OFF -SITE RECORDS STORAGE 01- 000916 1011.25.205.62015 20.00 0218402 OFF -SITE RECORDS STORAGE 01- 000916 1011.25.205.62015 16.97 0218403 OFF -SITE RECORDS STORAGE 01- 000916 1011.25.205.62015 7.38 vchlist 03/25/2014 5:31:21 PM Voucher List City of Lynwood Page: 15 Bank code : apbank Voucher Date Vendor Invoice PO # D esc rip t i on l Accou nt Am ount 176471 - 41112014 000993 GRIM INFORMATION MANAGEMENT (Continued) 0218404 OFF -SITE RECORDS STORAGE 01- 000916 1011.25.205.62015 22.52 0218405 OFF -SITE RECORDS STORAGE 01- 000916 101 1.25.205.62015 14.55 0218406 OFF -SITE RECORDS STORAGE 01- 000916 1011.25.205.62015 2310 0218407 OFF -SITE RECORDS STORAGE 01- 000916 1011.25.205.62015 5.46 0218408 OFF -SITE RECORDS STORAGE 01- 000916 1011.25.205.62015 3.41 0218409 OFF -SITE RECORDS STORAGE 01- 000916 1011.25.205.62015 142.92 0218410 OFF -SITE RECORDS STORAGE 01- 000916 1011.25.205.62015 378.61 0218411 OFF -SITE RECORDS STORAGE 01- 000916 101 1.25.205.62015 17.50 0218412 OFF -SITE RECORDS STORAGE 01- 000916 1011.25.205.62015 21.37 0218413 OFF -SITE RECORDS STORAGE 01- 000916 1011.25.205.62015 162.53 0218414 OFF -SITE RECORDS STORAGE 01- 000916 1011.25.205.62015 134.45 Total : 971.37 176472 4/1/2014 007633 GUTIERREZ, PEDRO 007633123113 DEDUCTIBLE REIMBURSEMENT 6051.45.450.61035 140.00 Total : 140.00 176473 4/1/2014 008814 GUTIERRREZ, VICTOR 008814123113 DEDUCTIBLE REIMBURSEMENT 6051.45.450.61035 40.00 Total : 40.00 176474 4/1/2014 002338 HAN, PETER 002338123113 DEDUCTIBLE REIMBURSEMENT 1011.30.290.61035 150.00 Total: 150.00 vchlist Voucher List Page: 16 03/25/2014 5:31:21 PM City of Lynwood Bank code : Voucher apbank Date Vendo Invoice 176475 4/1/2014 008821 HART, LESLIE 003577 176476 4/1/2014 008820 HERNANDEZ, ESTHER 000036 176477 4/1/2014 003338 HILLYARD -LOS ANGELES 700121961 176478 4/1/2014 003952 HINOJOS, ERNEST 003952123113 176479 4/1/2014 003315 HOME DEPOT CREDIT SERVICE 7021157 176480 4/1/2014 000608 HUB INTERNATIONAL INS.SVCS,INC 000608013114 50.00 Total: 50.00 000608022814 176481 4/1/2014 000353 INFOSEND, INC. 77793 176482 4/1/2014 005848 INFRASTRUCTURE ENGINEERS 20377 08- 002420 1011.60.740.64001 2,363.34 20399 176483 4/1/2014 002558 JACKSON, DEBORAH 002558123113 PO # Description /Account Amount REFUND - BATEMAN HALL RENTAL 1011.60.33215 172.00 Total : 172.00 REFUND - BATEMAN HALL RENTAL 1011.60.33215 150.00 Total: 150.00 JANITORIAL SUPPLIES 06- 004814 1011.45.415.65020 120.95 Total: 120.95 DEDUCTIBLE REIMBURSEMENT 6051.45.450.61035 50.00 Total: 50.00 OPERATING SUPPLIES 06- 005030 1011.45.415.65020 149.38 Total: 149.38 LIABILITY INSURANCE FOR 08- 002420 1011.60.740.64001 2,363.34 LIABILITY INSURANCE FOR 08- 002420 1011.60.740.64001 1,920.60 Total : 4,283.94 WATER BILLING SERVICE 02- 001605 6051.30.315.62015 3,101.10 Total : 3,101.10 PLAN CHECK/BLDG.INSPECTION 04- 000466 1011.50.501.62015 2,990.00 PLAN CHECK/BLDG.INSPECTION 04- 000466 1011.50.501.62015 2,232.64 Total: 5,222.64 DEDUCTIBLE REIMBURSEMENT 1011.55.601.61035 120.00 vchlist 03/2512014 5:31:21PM Voucher List City of Lynwood Page: 17 Bank code: apbank Voucher Da te Vendor Invoice PO # D escr ip tion /Accou Amount 176483 4/1/2014 002558 002558 JACKSON, DEBORAH (Continued) Total : 120.00 176484 4/1/2014 007924 L 8 M PRINTING CO. 6748 PRINTING SVCS 11- 000428 1011.75.510.62025 185.30 Total : 185.30 176485 4/1/2014 005098 LANDEROS, ALEX 005098011414 PLANNING COMMISSIONER 04- 000471 1011.50.505.60999 25.00 005098021114 PLANNING COMMISSIONER 04- 000471 1011.50.505.60999 25.00 Total : 50.00 176486 4/1/2014 006904 LATOUR, ANGELIQUE 3577 BARTENDING SERVICES FOR 08- 002334 1011.60.740.64399 200.00 Total: 200.00 176487 4/1/2014 002513 LEDBETTER, TAMU 002513123113 DEDUCTIBLE REIMBURSEMENT 6051.30.315.61035 30.00 Total : 30.00 176488 4/1/2014 005024 LEGAZPI, DANIEL 005024123113 DEDUCTIBLE REIMBURSEMENT 2701.45.610.61035 140.00 Total : 140.00 176489 4/1/2014 002577 LOPEZ, SANTIAGO 002577123113 DEDUCTIBLE REIMBURSEMENT 6051.45.450.61035 230.00 Total: 230.00 176490 4/1/2014 001402 LUNA, MARIA 001402123113 DEDUCTIBLE REIMBURSEMENT 6051.30.315.61035 120.00 Total: 120.00 176491 4/1/2014 003691 MANIBUSAN, RITA 003691123113 DEDUCTIBLE REIMBURSEMENT 1011.50.501.61035 139.08 Total : 139.08 176492 4/1/2014 006541 MARTINEZ, RIGOBERTO 00654123113 DEDUCTIBLE REIMBURSEMENT 6051.45.450.61035 130.00 vchlist 03125/2014 5:31:21PM Voucher List City of Lynwood Page: 18 Bank code: apbank Voucher D ate V Invoic P O # Descripti /A ccou n t Amount 176492 4/1/2014 006541 006541 MARTINEZ, RIGOBERTO (Continued) Total : 130.00 176493 4/1/2014 000004 MATT CHLORNATION INC. 12987 WATER TREATMENT SUPPLIES 06- 005129 6051.45.450.65020 348.81 Total : 348.81 176494 4/1/2014 001561 MORA, MARIA 003551 REFUND - BATEMAN HALL DEPOSIT 1011.60.33215 199.00 Total : 199.00 176495 4/1/2014 008148 MUNIZ, LAUREN 008148022614 BALLET DANCE INSTRUCTOR 1011.60.715.62015 714.12 Total : 714.12 176496 4/1/2014 002515 MUNOZ, EVANGELINA 002515123113 DEDUCTIBLE REIMBURSEMENT 6051.45.450.61035 70.00 Total : 70.00 176497 4/112014 004170 MV TRANSPORTATION, INC 51351 TRANSPORTATION FOR SANTA 08- 002418 1011.60.701.64020 130.70 51352 TRANSPORTATION FOR SANTA 08- 002418 1011.60.701.64020 261.40 Total : 392.10 176498 411/2014 000475 NATIONWIDE ENVIRONMENTAL SVCS. 25555 SIDEWALK SWEEPING 11- 000380 3381.75.750.62015 2,197.54 Total : 2,197.54 176499 4/1/2014 007582 NBS 1140290 PFA REVENUE REFUNDING 2003A 02- 001673 9011.30.301.67899 2,339.24 Total : 2,339.24 176500 4/1/2014 005837 OCHOA, MONICA 005837123113 DEDUCTIBLE REIMBURSEMENT 1011.30.310.61035 40.00 Total : 40.00 176501 4/1/2014 002288 OF SHOPPING CENTERS, 1381628 -2014 MEMBERSHIP DUES- A.CASTRO 1011.10.101.65040 50.00 vchlist Voucher List Page: 19 03/2512014 5:31:21PM City of Lynwood Bank code : apbank Voucher Date Vend Invoice PO# De script i on /Account Amount 176501 4/1/2014 002288 002288 OF SHOPPING CENTERS, (Continued) Total : 50.00 176502 4/1/2014 008824 OROZCO, ROBERT 800057981 REFUND - PARKING CITATION 1011.55.34105 163.00 Total : 163.00 176503 4/1/2014 004964 PENALOZA, ELIZABETH 004967123113 DEDUCTIBLE REIMBURSEMENT 6051.30.315.61035 150.00 Total: 150.00 176504 4/1/2014 002567 PERIMAN, KEVIN 002567123113 DEDUCTIBLE REIMBURSEMENT 2051.45.430.61035 120.00 Total : 120.00 176505 4/1/2014 000490 PETTY CASH - RECREATION 000490022514 REPLENISHMENT 1011.60.705.64399 11.25 1011.60.705.65020 21.76 1011.60.701.64020 56.01 1011.60.705.65020 35.06 1011.60.701.64020 78.08 1011.60.705.65020 5.45 1011.60.701.64020 71.86 1011.60.740.64015 16.98 Total : 296.45 176506 4/112014 007612 QUEEN BEACH PRINTERS, INC. 340240011 PRINTING OF CITY NEWSLETTER 07- 000566 1011.55.250.62015 3,180.00 Total : 3,180.00 176507 4/1/2014 007636 RAMOS, ARTURO 007636123113 DEDUCTIBLE REIMBURSEMENT 101 1.75.510.61035 80.00 Total : 80.00 176508 4/1/2014 003956 RAMOS, JOSE 003956123113 DEDUCTIBLE REIMBURSEMENT 6051.45.450.61035 140.00 I Total: 140.00 176509 4/1/2014 001326 REDFLEX TRAFFIC SYSTEMS, INC. RTS0005441 PHOTO RED LIGHT ENFORCEMENT vchlist 03/2512014 5:31:21 PM Voucher List City of Lynwood Page: 20 Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 176509 4/1/2014 001326 REDFLEX TRAFFIC SYSTEMS, INC. (Continued) 07- 000560 101 1.40.215.67950 10,000.00 RTS0005581 PHOTO RED LIGHT ENFORCEMENT 07- 000560 1011.40.215.67950 159.90 Total : 10,159.90 176510 4/1/2014 008826 REED, LAKEISHA R. 800049681 REFUND - PARKING CITATION 101130.34110 148.00 Total: 148.00 176511 4/1/2014 001494 RELIABLE ICE EQUIPMENT INC. 42215 CLEANING SERVICE FOR ICE 08- 002422 1011.60.740.63025 890.02 1011.60.740.63025 0.00 Total: 890.02 176512 4/1/2014 004778 RODRIGUEZ, ALMA 004778123113 DEDUCTIBLE REIMBURSEMENT 1011.55.515.61035 40.00 Total : 40.00 176513 411/2014 001364 ROMERO, DIANA 001364123113 DEDUCTIBLE REIMBURSEMENT 1011.60.715.61035 180.00 Total: 180.00 176514 4/1/2014 002521 ROQUE, JORGE 002521123113 DEDUCTIBLE REIMBURSEMENT 1011.45.405.61035 120.00 Total: 120.00 176515 4/1/2014 007119 SABINO, CLAUDIA 007119123113 DEDUCTIBLE REIMBURSEMENT 1011.55.515.61035 70.00 Total : 70.00 176516 4/1/2014 006910 SILVA, OCTAVIO 006910123113 DEDUCTIBLE REIMBURSEMENT 101 1.50.505.61035 120.00 Total: 120.00 176517 4/112014 002433 SOLORZANO, ARTURO 002433123113 DEDUCTIBLE REIMBURSEMENT 1011.75.510.61035 120.00 vchlist 03/2512014 5:31:21 PM Voucher List City of Lynwood Page: 21 Bankcode: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 176517 4/1/2014 002433 002433 SOLORZANO, ARTURO (Continued) Total : 120.00 176518 411/2014 002514 SOLTERO, JORGE 002514123113 DEDUCTIBLE REIMBURSEMENT 2701.45.610.61035 40.00 Total : 40.00 176519 4/1/2014 007120 SPEARS, DAVID 007120123113 DEDUCTIBLE REIMBURSEMENT 1011.75.510.61035 50.00 Total : 50.00 176520 4/1/2014 002938 TAJ OFFICE SUPPLY 0034078 -001 OPERATING SUPPLIES 08- 002429 1011.60.701.65020 165.68 0034204 -001 OPERATING SUPPLIES 08- 002429 1011.60.701.65020 165.68 0034356 -001 OFFICE & OPERATING SUPPLIES 08- 002296 1011.60.701.65020 71.42 08- 002296 1011.60.720.65020 275.20 Total: 677.98 176521 4/1/2014 002520 TAN, MAY L. 002520021914 REIMB- MILEAGE EXPENSE 1011.30.270.64015 28.00 002520123113 DEDUCTIBLE REIMBURSEMENT 101 1.30.270.61035 310.00 Total : 338.00 176522 4/1/2014 007627 TIGERDIRECT, INC J65439020102 2YR RENEWAL VEEAM BACKUP 02- 001667 6051.30.290.64399 447.63 02- 001667 1011.30.290.64399 447.63 02- 001667 6051.30.290.64399 383.67 02- 001667 1011.30.290.64399 383.67 Total : 1,662.60 176523 4/1/2014 006901 TORREFUERTE, INC. 3609 BARTENDING SERVICES 08- 002378 1011.60.740.64399 200.00 Total: 200.00 176524 4/1/2014 001589 TREJO, JOSE 001589123113 DEDUCTIBLE REIMBURSEMENT 101 1.60.701.61035 105.00 vchlist Voucher List Page: 22 03/2512014 5:31:21PM City of Lynwood Bank code : apbank Description /Account Amount Voucher Date Vendor 105.00 176524 4/1/2014 001589 001589 TREJO, JOSE 176525 4/1/2014 004929 VALENCIA, CHRISTY 176526 4/1/2014 006136 VASQUEZ & COMPANY LLP 176527 4/1/2014 008287 VASQUEZ, JACQUELINE 176528 4/1/2014 003949 VELASQUEZ, SYLVIA 176529 4/1/2014 005786 VELAZQUEZ, JOSE 176530 4/1/2014 005046 VENEGAS, PEDRO 176531 4/1/2014 001131 WALKER, BERTHA A. 176532 4/1/2014 002912 WATERLINE TECHNOLOGIES,INC Invoice PO # Description /Account Amount (Continued) Total: 105.00 004929123113 DEDUCTIBLE REIMBURSEMENT 101 1.30.270.61035 120.00 Total : 120.00 2014110 AUDIT SERVICE 02- 001621 1011.30.270.62005 634.00 Total: 634.00 008287123113 DEDUCTIBLE REIMBURSEMENT 1011.25.205.61035 40.00 Total: 40.00 003949123113 DEDUCTIBLE REIMBURSEMENT 6051.30.315.61035 40.00 Total : 40.00 005786123113 DEDUCTIBLE REIMBURSEMENT 1011.45.415.61035 100.00 Total : 100.00 14276 REFUND - BUSINESS LICENSE 1011.75.31101 100.00 3381.75.31101 50.00 1011.75.33170 186.62 Total : 336.62 001131013014 ZUMBA INSTRUCTOR 1011.60.705.62015 757.90 001131022814 ZUMBA INSTRUCTOR 1011.60.705.62015 572.30 Total : 1,330.20 5260500 OPERATING SUPPLIES FOR WELLS 06- 005098 6051.45.450.65020 189.07 5260501 OPERATING SUPPLIES FOR WELLS 06- 005098 6051.45.450.65020 275.60 vchlist 03/25/2014 5:31:21 PM Voucher List City of Lynwood Page: 23 Bank code: apbank Voucher Date Vend Invoic PO # Description /Account Amount 176532 4/1/2014 002912 WATERLINE TECHNOLOGIES,INC (Continued) 5262362 OPERATING SUPPLIES FOR WELLS 06- 005098 6051.45.450.65020 240.35 5262363 OPERATING SUPPLIES FOR WELLS 06- 005098 6051.45.450.65020 576.83 5262365 OPERATING SUPPLIES FOR WELLS 06- 005098 6051.45.450.65020 272.39 Total : 1,554.24 176533 4/1/2014 000802 WEST, KENNETH 000802011414 PLANNING COMMISSIONER 04- 000472 101 1.50.505.60999 25.00 000802021114 PLANNING COMMISSIONER 04- 000472 1011.50.505.60999 25.00 Total : 50.00 176534 4/1/2014 005025 WHITAKER, DELANIA 005025123113 DEDUCTIBLE REIMBURSEMENT 101 1.30.275.61035 138.34 Total : 138.34 176535 4/1/2014 004157 YOUNGER, BILLY 004157011414 PLANNING COMMISSIONER 04- 000473 1011, 50.505.60999 25.00 004157021114 PLANNING COMMISSIONER 04- 000473 1011.50.505.60999 25.00 Total : 50.00 98 Vouchers for bank code : apbank Bank total : 134,484.23 98 Vouchers in this report Total vouchers : 134,484.23 . iBlyP /:1,�� A ' r n ST REP 1� � 1 O '„ DATE: April 1, 2014 TO: Honorable Mayor and Members of therc1tv Council APPROVED BY: Sarah Magana Withers, City Manager PREPARED BY: Haydee M. Sector of Human Resources & Risk Management Joel Meza, AdminSure Claims Adjuster SUBJECT: Claim for Damages by Arcelia Del Real Recommendation: Staff recommends that the City Council reject the claim of Arcelia Del Real v. City of Lynwood and direct staff to send a standard letter of rejection. Background: On October 28, 2013, Ms. Arcelia Del Real filed a claim for damages as a result of a trip and fall injury she sustained when walking on a public sidewalk in front of 3337 Tenaya Avenue in Lynwood, CA. The accident occurred almost directly in front of her home. Ms. Del Real has resided at the same address for 30 years. The accident allegedly occurred after exiting her vehicle which she parked on the street in front of her residence; she traversed the sidewalk to go to her home. When she was about even with a three inch uplift in the sidewalk, where it had been broken and forced upwards, she tripped and fell forward. Ms. Del Real was aware of the broken sidewalk due to the many times she had crossed over the sidewalk to either get to her home, walk to the stores past her house, or going back and forth from her vehicle. ITEM /D Discussion & Analysis: The City has no record of being placed on notice of the dangerous condition. Pursuant to Government Code Section 835 the claimant must establish that the sidewalk posed a dangerous condition at the time of the incident. A dangerous condition as defined in Government Code Section 830 is a condition of property that creates a substantial, as distinguished from a minor, trivial or insignificant, risk of damage when property is used with due care in a manner in which it was reasonably foreseeable that it would be used. In addition, the claimant must establish that the existence of the dangerous condition was created by the negligence of the City or an employee of the City was aware of the dangerous condition. There is no indication that the City had prior notice of a dangerous condition. Fiscal Impact: The action recommended in this report will not have a fiscal impact on the City. Coordinated With: Public Works Department RECEIVED CITY OF LYNWOOD JAN 2 8 2014 HUMAN RESOURCES & RISK MANAGEMENT Telephone (714) 569.3030 mikemojtchedi@yahoo.com City of Lynwood Attn. Claims Department 11330 Bullis Rd. Lynwood, CA 90262 2700 NORTH MAIN STREET SUITE 610 SANTA ANA, CALIFORNIA 92705 RE: OUR CLIENT DATE OF LOSS Dear Sir or Madam: January 27, 2014 Facsimile (714) 569 -3033 Facsimile (714) 569 -9963 : ARCELIA DEL REAL :10-28-13 Please be advised that our Law Offices have been retained to represent the above mentioned client for her incident of 10- 28 -13. Enclosed for your review is a signed authorization and the claim form filled out in its entirety. Our client was walking on a public sidewalk of the City of Lynwood, and she tripped and fell due to the sidewalk being cracked and uneven. She sustained injuries as a result and went to the Emergency Room. She is currently being treated for her injuries. Please provide our offices with an acknowledgment letter as soon as possible. Should you have any questions do not hesitate to call our offices. Sincerely, Law Offices of Michael M. Mojtahedi By: - EG.Is Efrain Guzma Enclrs. Case Manager ext. 212 e i- �D Low Offices of MICHAEL MAJID MOJTAHEDI (Rev. 10 /1 1) LIABILITY DATE FILED SUBM[T TO: CITY OF LYNWOOD 11330 BULLIS ROAD LYNWOOD, CA 90262 City Claim Reporting Form CLAIM NO. For all Persons or Property DEPT. C17 E Nw o D JAN p 8 1014 NO LATER THAN SIX (6) MONTHS AFTER THE OCCl1Rk Sec. 911.2). 2. CLAIMS FOR DAMAGES TO REAL PROPERTY MUST BE FILED NOT LATER THAN ONE (1) YEAR AMR THE OCCURANCE (Gov. Code, Sec. 911.2). 3. READ ENTIRE CLAIM FORM BEFORE FILING. 4. ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE FULL DETAILS. NameofClaimant Arcelia Del Real Date of Birth: Social Security No.: _ Home address of claimant: City: Lynwood State: CA- Zip Code: 90262 Telephone No.: _ Give address to which you desire notice or communication to be sent regarding this claim ?700 N.Main St. Ste. 610 City: RanhAAn@ State: CA Zip Code: 9 2705 Date of Accident: 10 -28 -13 Time: AM PM 4:00 Place of Accident: Public sidewalk in Thp City of Lynwood CA How did damage or iniury occur? (Give full details) Mrs Del Real was walking on the sidewalk of 3137 Tenaya Ave_ Lynwood,CA 90262. She tripped and fell due to the sidewalk The sidewalk on that particular st-rapt Were Sheriffs at the scene? Yes No % File No. (If known): What particular act or omission do you claim caused the injury or damage? Give the name of the City employee causing the injury or damage, if known: Negligence of city pmnlrwppa not repairing th +Teets Give total amount of claim (include estimate amount of any prospective injury or damage): Unk, at this How was amount of claim computed? (Be specific. List doctor bills, wage rate repair estimates, etc.) Please attach two orieinal estimates. Pending. Expenditures made on account of accident or injury (date and item): Pending. Name of address of witnesses, doctors and hospitals: PLEASE READ THE FOLLOWING CAREFULLY For all accident claims, place on following diagram names of streets, including North, East, South and West; indicate place of accident by "X" and by showing house numbers or distance to street corners. If City vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at the time of accident by "A- I" and location of yourself or your vehicle at the time of the accident by "B -1" and the point of impact by Note: If diagrams below do not fit the situation, attach a proper diagram signed by claimant FOR AUTOMOBILE ACCIDENTS 1 71\ FOR OTHER ACCIDENI S s!o Auc J CURB � X CI:RH A 51➢EW. \IX I HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF: AND CERTIFY THAT THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS TO THOSE MATTERS WHICH ARE HERE STATED UPON MY INFORMATION AND BELIEF: AND AS TO THOSE MATTERS I BELIEVE IT TO BE TRUE. I CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY TEAT THE FOREGOING IS TRUE AND CORRECT. 1 ATE NRffurmsLoM1dnQlaim LAW OFFICES OF MICHAEL MOJTAHEDI 2700 N. MAIN ST., SUITE 610 SANTA ANA, CA 92705 CLIENT DESIGNATION The California Department of Insurance has promulgated the Unfair Claims Settlement Practices Regulations. These can be found in the California Code of Regulations, Title 10, Chapter 5, Subchapter 7.5, Section 2695.2(c). The undersigned hereby designates LAW OFFICES OF MICHAEL M. MOJTAHEDI and authorizes said law firm to represent the \ claim of V C- \ O1 D eA ILCA SIGNED THIS (� DAY OF C , 20 1 � AT L- , CALIFORNIA. PRINT NAME a ,�� 6 L��/� M6*1gATURE LAW OFFICES OF MICHAEL MQITAHEDI 2700 N. MAIN ST., SUITE 610 SANTA ANA, CA 92705 R n' ° L Nw 0D JAN 18 1014 HUMAN RESOD RISK MANAGEMENT .a�lYliY:p� o P� AGEN REP 1\I � DATE: April 1, 2014 TO: Honorable Mayor and Members of the - City Council APPROVED BY: Sarah Magana - Withers, City Manager . PREPARED BY: Haydee M. Sai Z irector of Human Resources & Risk Management�/J Joel Meza, Ad sure Claims Adjuster SUBJECT: Claim for Damages by Susana Ramirez Recommendation: Staff recommends that the City Council accept the claim of Susana Ramirez v. City of Lynwood. Background: On February 18, 2014, Ms. Susana Ramirez filed a claim for damages from an incident which occurred on December 12, 2013. Ms. Ramirez states that tree roots from a City tree damaged her home's water meter causing the meter to leak continuously resulting in increased water usage. Discussion & Analysis: City records indicate that Ms. Ramirez reported the increase water usage to the City on December 31, 2013. The City indicated to Ms. Ramirez that the repair of the water meter was her responsibility. The subject meter lies within the City's parkway. City trees are planted within this parkway. Although there is a City ordinance which would have made Ms. Ramirez responsible for the ownership and maintenance of her sewer lateral, this claim involves a water supply line which was damaged by the City tree roots. In fairness and good faith in dealing with Ms. Ramirez this claim should be honored and settled. ITEM Fiscal Impact: The fiscal impact is $592.50. This cost will be covered by the Self Insurance Fund in the FY 14 Adopted Budget. Coordinated With: Public Works (Rev. 10/ 11) SUBMIT TO: CITY OF LYNWOOD 11330 BULLIS ROAD LYNWOOD, CA 90262 LIABILITY City Claim Reporting Form Forall Persons 6Tr�YOWy � -.' Gt.. HUMAN RESOURCES & RISK MANAGEMENT DATE FILED CIQ -, ,V -) -,-/ CLAIM NO. �� �}, DEPT. 190 — 113 1. CLAIMS FOR DEATH, INJURY TO PERSON, OR TO PERSONAL PROPERTY, nIt S BE Fii ci; NO LATER THAN SIX (6) MONTHS AFTER THE OCCURRENCE (Gov. Code, Sec. 911.2). 2. CLAIMS FOR DAMAGES TO REAL PROPERTY MUST BE FILED NOT LATER THAN ONE (1) YEAR AFTER THE OCCURANCE (Gov. Code, Sec. 911.2). 3. READ ENTIRE CLAIM FORM BEFORE FILING. 4. ATTACH SEPARATE SHEETS, IF NECESSARY GIVE, FULL DETAILS. �C :' \G no 1 �� 7 .0 Name of Claimant: Date of Birth:_ _ _ Social Security No.: ` X201 I tome address of claimant: L L CA Zip Code: CJC 2 Telephone No.:� d City: State: Give address to which you desire notice or co mmunicationn to be sent regarding this claim �r 1 U Y11 1 1(Y JU State: CA Zip Code: g Qa0? Date of Accident: Time: AM �`� PM (- I�M MG11 I AyQ Lq}��/: wd M — 1 M Place of Accident: j 4 How did dama a or m occur) (` Give full det / s) 'I ^ 1,,// II nOb(c 0 V\JCLW Lyny cacl,Z On �kL SIv�IU!CAI \ 1 c G I led f� Q , ���� +(I ON IMm Sale\ InMCI O MJ0 clnJ �c�y_ f OV k�,�240 Z Ic 4 I vn6 kl Mvv qv— ccw�clOcLQ� T ck �v�v� ��LQ �� Ccaysed fM F- Were Sheriffs at the scene? Yes Nov/ File No. (If known): What particular act or omission do you claim caused the i jury or damagge9 Giv the name oft City + D V00 T S V UV 1 employee causing the inju or damage, if known \_4 causec +M �AictA4v Give total amount of claim (include estimate amount of any prospective injury or damage): How was amount of claim computed? Please attach two original estimates doctor ills, wage rate repair ei ( e V hie eevvius Expenditures made on account of accident or injury (date and item): Name of address df witnesses, doctors and hospitals: PLEASE READ THE FOLLOWING CAREFULLY For all accident claims, place on following diagram names of streets, including North, East, South and West; indicate place of accident by "X" and by showing house numbers or distance to street comers. If City vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at the time of accident by "A- I" and location of yourself or your vehicle at the time of the accident by'B -1" and the point of impact by "X ". Note: If diagrams below do not fit the situation, attach a proper diagram signed by claimant FOR AUTOMOBILE ACCIDENTS FOR OTHER ACCIDFN'I'S / smEwnix cure cuRe A0.A AY SmEWAIX I HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF: AND CERTIFY THAT TIME SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS TO THOSE MATTERS WHICH ARE HERE STATED UPON MY INFORMATION AND BELIEF: AND AS TO THOSE MATTERS I BELIEVE IT TO BE TRUE. I CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY THAT THE FOREGOIN IS TRUE AND CORRECT. �-= C'? SK , ATU DA 1 W FormsLiaoilirytllum 2013 ANNUAL PROPERTY TAX INFORMATION STATEMENT CITIES, COUNTY, Sr 'OLS AND ALL OTHER TAXING AGENCIES - LOS ANGELES COUNTY SECURED PROPER'1 r TAX FOR FISCAL YEAR JULY 1, 2013 TO JUNE 30, 2014 MARK J. SALADINO, TREASURER AND TAX COLLECTOR FOR ASSISTANCE CALL 1(213) 974 -2111 OR 1(888) 807 -2111, ON THE WEB AT IacountvproperlVtax.com ASSESSOR'S ID. NO. DETAIL OF TAXES DUE FOR ROPERTY IDENTIFICATION ASSESSOR'S ID.NO.: 6191 025 016 13 000 , WNER OF RECORD AS OF JANUARY 1, 2013 SAME AS BELOW IAILING ADDRESS RAMIPP7 inDrc akin SUSANA ELECTRONIC FUND TRANSFER (EFT) NUMBER ID #:19 6191 025 016 4 YEAR:13 SEOUENCE:000 5 PIN: WKVLR3 2013 CK AGENCY AGENCY PHONE NO. RATE AMOUNT GENERAL TAX LEVY ALL AGENCIES 1.000000 $ 2,830.00 VOTED INDEBTEDNESS CITY - LYNWOOD .125000 $ 353.75 METRO WATER DIST .003500 9.90 COMMNTY COLLEGE .023214 65.69 UNIFIED SCHOOLS .120048 339.74 DIRECT ASSESSMENTS FLOOD CONTROL LIGHT ASSMT DIST LANDSCAPE GIST LACO VECTR CNTRL COUNTY PARK DIST MWD STANDBY #13 CB MWD STDBY CHG COUNTY LIBRARY TRAUMA /EM,ERG_SRV CNTY SAN DIST #1 (626) 458 -5165 $ (310) 603 -0220 (310) 603 -0220 (800) 273 -5167 (213) 738 -2983 (866) 807 -6864 (866) 807 -6864 (562 )// }940- 6954'1 ,+85;4 440 -� // ll /v ! 20.82 64.80 76.00 7.74 18.17 10.44 10.00 29.18 73.56 158.00 TRACT # 5632 LOT 108 SSESSOR'S REGIONAL OFFICE REGION #12 INDEX: TRA:06089 SOUTH DISTRICT OFFICE 1401 E WILLOW STREET SIGNAL HILL CA 90755 (562)256 -1701 ACCT. NO.: 572 PRINT NO.: 183076 BILL ID.:IB L /LSDUE INSTALLMENT TAXES DUE NOV 1 I 2013 SECOND INSTALLMENT TAXES DUE FEB. 1, 2014 $4,067.79 $2,033.90 $2,033.89 VALUATION INFORMATION ROLLYEAR 13 -14 CURRENT ASSESSED VALUE TAXABLEVALUE LAND 155,100 155,100 IMPROVEMENTS 134,900 134,900 TOTAL 290,000 LESS EXEMPTION: HOME 7,000 NET TAXABLE VALUE 283.000 ANY RETURNED PAYMENT MAYBE SUBJECT TO A FEE UP TO 550.00. - or American Express, Mastercard and Visa payments call 1(888) 4730835 and have available the EFT number listed above. Service fees will be charged. ,47 6`11 110 SLPFLY ODEL —M 5£' PARMOUNT 8LIVU U "U- !N` BEA'-'H, CA 90 MEP SE RVICE: ( 633 10 01 PENI (51 633- fy 14 SOLD To: U 182. 91,: t 314" MALE 146419 2.16 tx 3/4 BALi. VAjq 05? 116:1419 12.31 tx OMAN- p - jyq 8120= 20 1 J4 t;.c tx 3/4 'EHALEADAPTR 0521 ' ,1 150868 u. _ 3 >96 1k aSUB 314v�- S NIPPLE TAX TOTAt 20 : CASH 242.50 ChANi.:E 245.00 2.50- rEC 11'1 ------------ R HEO FOR REFuN j. OR"EXCHANGE, MUST BE WE NJ pjr, 30 DA VISIT US ON ----------- AT 'vu'k'k'(ls"PPlyrepaira'n'a etodel,co.,n ������������������I��������IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1528 Ooj 2 182 M o 0 00 5 , M z 0 i z m 0 , 0 y. w m �vT I . ;� 0 0 0 35 O c L ji . . .. rn ca �VM ans"� � �s � REP AGENDA STAFF DATE: April 1, 2014 TO: Honorable Mayor and Members of the City Council APPROVED BY: Sarah Magana 4W,1 ers City Manager PREPARED BY: Haydee M. irector of Human Resources & Risk Management Joel Meza, Adminsure Claims Adjuster SUBJECT: Claims for Damages by Sandra Pasluszny Recommendation: Staff recommends that the City pay the claims of Sandra Pasluszny v. City of Lynwood. Ms. Pasluszny's vehicle sustained damage to her tires on two separate dates. Background: On February 4, 2014, Ms. Pasluszny filed two separate claims for damages as a result of property damage to her vehicle's tire. Ms. Pasluszny claims that the alley behind her house (12723 Harris Avenue) is littered with broken glass, nails and other objects and on September 15, 2013 and January 10, 2014 while she was driving through this area the tires of her vehicle were punctured by nails which required patching. The cost of each repair was $25.00 and $30.00 respectively for a total of $55.00. Discussion & Analysis: Liability is adverse to the City in this matter. Ms. Pasluszny has filed reports with the City that the alley is in need of clean up. She filed reports with the City on July 26, 2012 and November 6, 2013 that the alley be cleaned of large junk and debris. Therefore, this establishes the City had notice of the condition of the alley. FTEMI /2 Fiscal Impact: The fiscal impact is $55.00. This cost will be covered by the Self Insurance Fund in the FY 14 Adopted Budget. Coordinated With: Public Works Department (Rev. 10/ 11) r SUBMIT TO: CITY OF LYNWOOD 11330 BULLIS ROAD LYNWOOD, CA 90262 DATE FILED CLAIM NO. DEPT. NO LATER THAN SIX (6) MONTHS AFTER THE OCCURRENCE (Gov. Code, See. 911.2). 2. CLAIMS FOR DAMAGES TO REAL PROPERTY MUST BE FILED NOT LATER THAN ONE (1) YEAR AFTER THE OCCURANCE (Gov. Code, See. 911.2). 3. READ ENTIRE CLAIM FORM BEFORE FILING. 4. .ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE FULL DETAILS. Name of Claimant: Date of Birth: Social Security No.: 1 - _ Home address of claimant: 1 City: State: CA_ Zip Code: 2Q2—Lo)— Telephone No.:' Give address to which you desire notice or communication to be sent regarding this claim City: State CA n , Zip Code: 9 U Z� 2 Date of Accident: I �SI� ®.f_ 1 Time: AM f PM J � Place of Accident: How did damage or iniury occur? (Give full details) MIN MORTZ 1 (7 V` •�X1��6 C>JL. �- -1•'C Y � l'� '1"I`�1 li`�i.�. - ��'l L TY'1Ci Were Sheriffs at the scene? Yes No �ZFile No. (If known): O / \ �>n Ly,�Q. ICA What particular actor omission do you claim caused the injury or d ge? Give the name of the City employee causing the injury or damage, if known: �Mn�(` Ght r. S Give total amount of claim (include estimate amount of any LIABILITY City Claim Reporting Form For all Per sons or Pro v E CITY OF LYNWOOD FEB 0 4 2014 Cpoc�.oco ��� es injury or damage): 1 - I - 0 2 01 Ouca" -kr 11 D- How was amount of claim computed? (Be specific. List docti pleas attach two on v\x 'na1 estimates. ��u- D 3 `'t U h� EX Cie k Card kv,)�CsL Expenditures made on account of accident or injury (date and Name of address of witnesses, doctors and hospitals: bills, wage rate repair estimates, rttiQ, Q,eGt�V� -k, ��r PLEASE THE FOLLOWINQ CAREFULLY For all accident claims, place on following diagram names of streets, including North, East, South and West; indicate place of accident by -')C" an d by showing house numbers or distance to street comers. If City vehicle was involved, designate by lever "A" location of City vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at the elf or your vehicle at the time of the accident by "B -1" time of accident by "A- I" and location of yours and the point of impact by "X ". Note: If diagrams below do not fit the situation, attach a proper diagram signed by claimant FOR .AUTOMOBILE ACCIDENTS / z Cone __ SmEwnIX 1 HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF: AND CERTIFY THAT THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS TO THOSE MATTERS WHICH ARE HERE STATED UPON MY INFORMATION AND BELIEF: AND AS TO THOSE MATTERS I BELIEVE IT TO BE TRUE. I CERTIFY (OR DECLARE) UNDER PENALTY OF PE RY THAT THE FOREGOING IS TRUE. AND CORRECT. A IOUFOSmsLnbdiM�um r' FOR OTHER ACCIDENTS / / smewnu: JAN 2 1 ` L t T . i.•Y ® . qA{1 Page Intemet i Prateaed Mode: Off rawntes _ ��}; W i IE8 ®UHG U UwzedHeal Pl 01 Windaw 70UHG i'." %D PIF Tracking / TracU... ' O Shared Documents j (M SCE Federal Cm.. Z Withdrawal 0 ATMC08018 SCE 9/15/2013 FEDERAL CREDIT UNION 3200 MULFORD {$60.00) $183.40 AVE LYNWOOD CAUS Trace #2296 Deposit @ ATMC08018 SCE FEDERAL CREDIT 9/15/2013 UNION 3200 MULFORD $22.36 $243.40 AVE LYNWOOD CAUS Trace #2295 Withdrawal 0 PACHECOS TIRES #2 9/15/2013 2991 E. IMPERIAL HWY 025.00) $221.04 LYNWOOD CAUS Trace #325837000003 Withdrawal @ EL POLLO LOCO 9/14/2013 RESTAU RAN MONTEREY ($22.86) $246.04 PARKCAUS Trace #325722100202 9/13/2013 Withdrawal (Item ($30.00) $268.90 . i.•Y ® . qA{1 Page Intemet i Prateaed Mode: Off rawntes _ ��}; W i IE8 ®UHG U UwzedHeal Pl 01 Windaw 70UHG i'." %D PIF Tracking / TracU... ' O Shared Documents j (M SCE Federal Cm.. Z (Rev. 10111) LIABILITY DATE FILED City Claim Reporting Form CLAIM NO. For all Persons or P,r ign, v DEPT. SUBMIT 3'O: CITY OF LYNWOOD CITY OF LYNWOOD FEB 0 4 2014 11330.BULLIS ROAD LYNWOOD, CA 90262 HUMAN RESOURCES g Clue V ...... .. .. orv.�v . y.+ - .....1- NO LATER THAN SIX (6) MONTHS AFTER THE OCCURRENCE (Gov. Code, Sec. 911.2). 2. CLAIMS FOR DAMAGES TO REAL PROPERTY MUST BE FILED NOT LATER THAN ONE (1) YEAR AFTER THE OCCURANCE (Gov. Code, See. 911.2). 3. READ ENTIRE CLAIM FORM BEFORE FILING. 4. ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE FULL DETAILS. Name of Claimant: �� f� Y A 1� (L ySZn Date of Birth: . t.�+i 11 � Social Security No.: Home address of claimant: City: w W U C State: CA_ Zip Code: Telephone No.: _ Give address to which you desire notice or communication to be sent regarding this claim City: — � AI a State: CA Zip Code: 9 U e Date of Accident:. 44 1 _ Time: AM l y , PM i Place of Accident: Ok�tP � hk 1 l �/u �(�. _(Y,t[�5a ScT_r'ep _ u/ tn) bra - e7v \oe M 4h r \0. � 0 i� I t`7 �� Were Sheriffs at the scene? Yes No _]lZFile No. (If known): O,/\\n� \ndry k4Q. ICA ^ — What particular act or omission do you claim caused the injury or da ge? Give the name of the City employee causing the injury or damage, if known: w y J_ S Give total amount of claim (include estimate amount of any -7 injury or damage): k;,Ps 10 -955 d� \ors 91rlT42 ;�01 Cpacb.�co -k c, es —� Mere -f-t `J t'tc tvt.� t R t cw 0. r'F t o How did damage or in uiv occur? (Give full details) HOW was amount of claim computed? (Be specific. L Pleas attach tl estimates. �A?,v \xo wo on fina 3 `"e rP.V�kPw-, V) PX 1 d- �— �r eAka CAcck k-voiccL Expenditures made on account of accident or bills, wage rate repair estimates, (date and item): Name of address of witnesses, doctors and hospitals: P L EAS c ecc READ THE FOLLOWING CARE FULLY u• _ _ For all accident claims, place on following diagram names of streets, including North, East, South and West; indicate place of accident by 'X" and by showing house numbers or distance to street corners. If City vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at the time of accident by "A- i" and location of yourself or your vehicle at the time of the accident by "B -1" and the point of impact by - 'X ". Note: If diagrams below do not fit the situation. attach a proper diagram signed by claimant FOR AUTOMOBILE ACCIDENTS L -----Ill W)' Mae —'1 771 f.URB Stn_ Ew'A l HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF: AND CERTIFY THAT THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS TO THOSE MATTERS WHICH ARE HERE S'l ATED UPON MY INFORMATION AND BELIEF: AND AS TO THOSE MATTERS I BELIEVE IT TO BE TRUE. I CERTIFY (OR DECLARE) UNDER PENALTY :9 RY'CF{AT THE FOREGOING IS TRUE AND CORRECT. I / W A 161T11..Li..- 111 i FOR OTHER ACCIDENTS // smewnuc Sandra FA From: JAN 2 1 2014 Sent: Friday, January 17, 2014 12:37 PM To: Posluszny, Sandra HUMAN RESOupCES $ RISK MANAGEMENT 1 .. Q, hope •.ec .. < pt l e36Dm 'roan c- .CZ T a.:r.� ;� �"j ntes r ' { 0', B @UHG OU: - E'3 Windonz]PUHG P6 Tracking /Tracks... Shared Documents QfOnline Bar np -._ Y Account Details Card Transaction Details Type: $55.00 647 Friday, July 5, 2013 PACHECO S TIRES 2 LYNWOOD,CA Sandra V MOJICA Transaction Number: Date: li Merchant/Bank Name: Info: RECEIVED Purchase Authorized By: j CITY OF LYNWOOD JAN 2 1 2014 HUMAN RESOURCES & RISK MANAGEMENT 1 Products and services offered by Capital One 360, a dwislon of!. Done - ® htemetI Proteced Mode Off r. r. 9s m� f . g IF&I m 0� o capital360 P . — 1 ¢r: - Page- Safety- Tools qy- Debit Card Overdraft Checkbook ! Forms 360 Checking Card Signature -Based Purchase Amount: Z Lo c a e J ° a w S >�m D _ a aMI'd 0 ii n In 7 0 O 6-a S R. = m Cn 8 M 7 i 0 t _ 6w G OD o N C.Tt %A R f m r D m Yr X a AA z m capital360 P . — 1 ¢r: - Page- Safety- Tools qy- Debit Card Overdraft Checkbook ! Forms 360 Checking Card Signature -Based Purchase Amount: Z Lo c a e J ° a w S >�m D _ a aMI'd 0 ii n In 7 0 O 6-a S R. = m Cn 8 M 7 i 0 t _ 6w G OD o N C.Tt , A GEN DA ST REP ky \b DATE: April 1, 2014 TO: Honorable Mayor and Members of e City Council APPROVED BY: Sarah M. Withers, City Manager PREPARED BY: David A. Garci i Attorney Haydee M. S rector of Human Resources & Risk Management SUBJECT: Amendment to Special Counsel Services to Defend City in an Employment Litigation Matter Recommendation: Staff recommends adoption of the attached Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING A CONTRACT WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO TO REPRESENT THE CITY OF LYNWOOD AND RELATED PARTIES IN DEFENDING THE MATTER S OF LOPEZ & HALEY V. CITY OF LYNWOOD, ET AL." Background: The City retained the law firm of Liebert Cassidy Whitmore (LCW) to represent it in the litigation entitled Alfredo Jose Lopez III v. City of Lynwood, et al., Case No. BC 517338 (Lopez action) subsequently staff requested authorization to have LCW also represent it in the litigation entitled Roger Haley, Case No. BC 52308. The request was made to assure the City was able to timely and effectively defend the lawsuit initiated by Roger Haley, Case No. BC 523808. However, staff has determined and recommends a substitution of attorney be effectuated with the Law Offices of Atkinson, Andelson, Loya, Ruud & Romo ( AALRR) in order to handle and be progressive and effective in the defense of the cases. Staff recommends that the City Council approve the attached Amendment to the Agreement for Special Services with AALRR. Having AALRR represent the City in both the Lopez and Haley matters is expected to yield efficiency and save time. AALRR represents that it is approved and remains in good standing to handle litigation matters under the pooled insurance program, the Independent Cities Risk Management Authority (ICRMA), of which the City is a member. / Discussion & Analysis: The services to be provided by AALRR will include the defense of the City and, the individuals that are named in the both Lopez and Haley actions. The services will be performed at the rates of $200 - $295 per hour, depending on the seniority of the attorney performing the work and $150 per hour for legal support services. Irma Rodriguez Moisa will be the attorney primarily responsible for providing legal services under this agreement. Should such rates exceed the rates approved by ICRMA, however, the agreement confirms that hourly rates will be charged at the approved ICRMA rates, which is $250 at this time. Expenses are also billed to the City, as further set forth in Section IV of this agreement. Fiscal Impact: There is no fiscal impact. Coordinated With: City Manager Human Resources Attachments: 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING A CONTRACT WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO TO REPRESENT THE CITY OF LYNWOOD AND RELATED PARTIES IN DEFENDING THE MATTERS OF LOPEZ & HALEY V. CITY OF LYNWOOD, ET AL. 2. Amendment to Agreement for Special Services with Atkinson, Andelson, Loya, Ruud & Romo RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING A CONTRACT WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO TO REPRESENT THE CITY OF LYNWOOD AND RELATED PARTIES IN DEFENDING THE MATTERS OF LOPEZ & HALEY V. CITY OF LYNWOOD, ET AL. WHEREAS, in 2013, two separate actions was filed against the City of Lynwood and individual council members, entitled Alfredo Jose Lopez III v. City of Lynwood, et al., Case No. BC 517338 (Lopez action), Roger Haley v. City of Lynwood, et al., Case No. BC 523808 (Haley action); WHEREAS, it is necessary for the City to retain outside legal counsel to defend the Lopez and Haley actions and have one law firm represent the City in the cases initiated by both is likely to yield efficiencies; WHEREAS, AALRR represents that it is approved and remains in good standing to handle litigation matters under the pooled insurance program, the Independent Cities Risk Management Authority (ICRMA), of which the City is a member; WHEREAS, to assure the City is able to timely and effectively defend the Lopez & Haley actions, the City Council wishes to approve the attached Amendment to Agreement for Special Services with AALRR; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The City Council hereby approves the Agreement for Special Services with Atkinson, Andelson, Loya, Ruud & Romo provided to the City Council concurrently with this Resolution, subject to approval as to form by the City Attorney. Section 2 . This resolution shall go into effect immediately upon its adoption. Section 3 . The City Clerk shall certify as to the adoption of this Resolution. 3 PASSED, APPROVED and ADOPTED this 1 5t day of April, 2014. ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: David A. Garcia City Attorney Aide Castro Mayor Sarah M. Withers City Manager APPROVED AS TO CONTENT: Haydee M. Sainz Director of Human Management Resources & Risk 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES } I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood 5 .I Y1_1 is i.i ATTORNEY REPRESENTATION AGREEMENT l MtWDV The parties to this Attorney Representation Agreement (the "Agreement ") are the Law Offices of ATKINSON, ANDELSON, LOYA, RUUD & ROMO, a professional law corporation (the "Firm ") and the CITY OP LYNWOOD ( "Client "). II. RECITALS; PURPOSE Client desires to retain and engage the Firm to perform legal services on client's behalf, and the Firm is willing to accept said engagement on the terms and conditions contained in this Agreement. III. MATTERS The Firm is being retained in connection with the representation of Client with respect to any labor and employment matters, as requested by Client, including litigation matters. Roger Haley v. City of Lvnwood (LASC Case No.: BC523808) and Afredo Jose Lopez III v. City of Lynwood, et al. (LASC Case No.: BC517338). IV. TERMS AND CONDITIONS A. Client will compensate the Firm for the performance of legal services at the hourly rates stated herein for the attorneys within the firm working on the matters. Hourly rates will be: Partners - $295 per hour; Senior Associates - $250 per hour; Associates - $200 4230 per hour based on experience; Paralegals - $150 per hour: Investigative Services - $285 per hour; Testimony in Deposition and Trials - $285 per hour; and Administrative Support for Investigations - $50 per hour. Irma Rodriguez Moisa will be the attomey primarily responsible for providing legal services under this Agreement. The Firm will bill Client for all professional services rendered on behalf of the Client matter. The time billed to the Client for professional services will be billed in one -tenth of an hour increments for time actually expended, including reasonable travel time billed portal to portal. Firm may charge the full hourly rate to more than one client for the same time period. Examples include, but are not limited to: (a) Firm charges City for telephone advice rendered while Attomey is traveling in connection with a matter for another client, (b) Firm charges City for written e -mail advice provided while Attomey is performing labor negotiation services for another client, rendered during a break in those negotiations, etc. B. The Firm will not be obligated to advance costs on behalf of Client; however, for the purposes of convenience and in order to expedite matters, the Firm reserves the right to advance costs on behalf of Client with Client's prior approval in the event a particular cost item exceeds $2,000.00 in amount, and without the prior approval of Client in the event a particular cost item totals $2,000.00 or less. Typical cost items include, by way of example and not limitation tiling fees, copying charges (outside vendors only), appearance fees, messenger fees, travel costs, bonds, witness fees, expert fees, consultant fees, deposition and court reporter fees, transcript costs, expert witness fees, investigative fees, etc. Costs will be charged to the Client without mark -up. C. In addition to our fees, Client will also be responsible for paying a five percent (5 %) administrative charge calculated and based on fees billed to cover costs and expenses incurred in our handling of the matter such as photocopies, local travel charges and parking, fax charges, telephone charges and other similar charges. D. A detailed description of the attorney work performed and the costs advanced by the Firm will be prepared on a monthly basis as of the last day of the month and will be mailed to Client on or about the 15th of the following month. Payment of the full amount due, as reflected on the monthly statements, will be due to the Firm from Client by the 15th of each month for the prior monthly statement, unless other arrangements are made. In the event there are retainer funds of Client in the Firm's Trust account at the time a monthly billing statement is prepared, funds will be transferred from the Firm's Trust Account to the Firms General Account to the extent of the balance due on the monthly statement and a credit therefore will be reflected on the monthly statement. Any balance of fees or costs advanced remaining unpaid for a period of 30 days will be subject to a 1% per month service charge. E. Client agrees to review the Firm's monthly statements promptly upon receipt and to notify the Firm, in writing, with respect to any disagreement with the monthly statement. F. Client agrees to fully cooperate with the Firm in connection with the Firm's representation of Client, including but not limited to attending mandatory court hearings and other appearances and providing necessary information and documentation to enable the Finn to adequately represent Client. G. Client has the right, at any time, and either with or without good cause, to discharge the Firm as Client's attorneys. In the event of such a discharge of the Firm by Client, however, any and all unpaid attorneys' fees and costs owing to the Firm from Client shall be immediately due and payable. H. The Firm reserves the right to discontinue the performance of legal services on behalf of Client upon the occurrence of any one or more of the following events: 1. Upon order of Court requiring the Firm to discontinue the performance of said legal services; 2. Upon a determination by the Firm in the exercise of its reasonable and sole discretion, that state or federal legal ethical principles require it to discontinue legal services for Client 3. Upon the failure of Client to perform any of client's obligations hereunder as respects the payment of the Finn's fees and costs advanced; or 4. Upon the failure of Client to perform any of client's obligations hereunder as respects cooperation with the Finn in connection with the Firm's representation of client. L In the event that the Firm ceases to perform legal services for Client, as herein above provided, Client agrees that Client will promptly pay to the Firm any and all unpaid fees and all undisputed fees or costs advanced, and retrieve all of client's files, signing a receipt therefore. Further, Client agrees that, with respect to any litigation where the Firm has made an appearance in Court on his behalf, Client will promptly execute an appropriate Substitution of Attorney fort. J. The Firm maintains errors and omissions insurance coverage applicable to the services to be rendered. IIYJJ I8l.1 IV. PROTECTION OF CLIENT CONFIDENCES HIGH TECH COMMUNICATION DEVICES The Firm stays constantly aware of its important obligation to preserve the secrets and confidences of its clients which it holds in precious trust for them. To that end it is important that you and the Firm agree from the outset what kinds of communications technology the Firm should employ in the course of this engagement. For instance, the exchange of documents and other information using email or other types of electronic communications involves some risk that information will be retrieved by third parties with no right to see it. Even the use of facsimile machines can cause problems if documents are sent to numbers where the documents sit in open view. Therefore, you should only provide the Firm with cellular numbers, facsimile numbers and email addresses which are acceptable to you for receiving confidential communications from the Firm. If you have any mailing addresses, cellular numbers, facsimile numbers, and email addresses that the Firm should not use for confidential communications, please advise us of these in writing. You agree that the Firm may use any of your cellular numbers, facsimile numbers and email addresses other than those which you specify in writing that the Firm should not use. V. POSSIBLE THIRD PARTY CONFLICTS. Client and Firm agree to the applicability of the Rules of Professional Conduct adopted in California to any and all representation arising under this Agreement. VI. MEDIATION /ARBITRATION; WAIVER OF JURY TRIAL If a dispute arises out of or relating to any aspect of this Agreement between Client and Firm, or the breach thereof, and if the dispute cannot be settled through negotiation, Firm and Client agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure. Nothing in this Agreement limits or otherwise affects Client's right under Sections 6200 -6206 of the California Business and Professions Code to request arbitration of any fee dispute by an independent, impartial arbitrator or panel of arbitrators through a bar association program created solely to resolve fee disputes between lawyers and Client. However, should discussions, mediation or the non - binding arbitration provided through a local bar association program not resolve the dispute, the dispute will be determined by binding arbitration before the American Arbitration Association under their then prevailing commercial arbitration rules, except that discovery may be taken in that arbitration under the California Code of Civil Procedure. The claims or controversies subject to this provision include, without limitation, any claim of professional negligence or malpractice. The arbitration will be held in Camarillo, California. unless we mutually select another venue, and judgment may be entered upon the arbitrator's award by any court having jurisdiction. Should Client refuse or neglect to appear or participate in the arbitration proceedings, the arbitrator is empowered to decide the claim or controversy in accordance with the evidence presented. Client should realize that by accepting the arbitration provision, CLIENT WILL WAIVE CLIENT'S RIGHT TO A JURY TRIAL AND THE RIGHT, EXCEPT UNDER LIMITED CIRCUMSTANCES, TO APPEAL THE ARBITRATOR'S DECISION. (Client Initial Here) (Firm Initial Here) i✓ I M),0l.l VII. DOCUMENT RETENTION AND DESTRUCTION The Firm retains client files for five (5) years after the client matter is closed. The Firm then destroys those files unless Client has previously asked the Firm in writing to return that matter file to Clients. ►�i l I� IL�I:�ul1►/:11 r c��� The attorney - client relationship between the Firm and Client will cease at the conclusion of the matter(s) specified above. There are instances when the Firm has been retained to provide ongoing general business advice or general labor advice to the Client. If the Firm is not asked by the Client to provide advice for a period of one (1) year from the last date the Firm provided such advice, both the Client and the Firm agree, that the attorney- client relationship terminated on the last date the Firm provided advice without further action or notice by either party. If the Client requires additional advice after such termination, a new Retainer Agreement will be required. IX. INDEMNIFICATION The Firm agrees to defend, indemnify and hold harmless the Client and its employees, agents, assigns and successors in interest from and against all suits and causes of action, claims, losses, demands, and expenses, including, but not limited to, attorney's fees and costs of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including Firm's employees and agents, or damage to or destruction of any property of either party hereto or third person, in any manner arising by reasons of or incident to the performance of legal services on the part of the Firm, its officers, directors, agents, servants, employees, or contractors, whether or not contributed to by any act or omission of the Client or any of the Client's boards, officers, agents or employees. X. EXECUTION DATE This Agreement is entered into this day of 2014, at Lvmvood, California ATKINSON, ANDELSON, LOYA. RUUD & ROMO MM IRMA RODRIGUEZ MOISA CITY OF LYNWOOD MM 0. AGENDA REPORT I ■e J r, C ., DATE: April 1, 2014 TO: Honorable Mayor and Members of the_City Council APPROVED BY: Sarah Magana Withers, City Manager , PREPARED BY: Deborah L. Jackson, Director of Public Relation SUBJECT: St. Francis Medical Center — Request to Hang Banners Recommendation: Staff requests that the City Council provide direction on this request. Background: St. Francis Medical Center is currently seeking new ownership as the Daughters of Charity conclude sponsorship of the medical center and of their other Northern and Southern California hospitals. Discussion & Analysis: In an effort to reflect to potential new owners the contribution St. Francis Medical Center make to this community as a state -of- the -art facility committed to the highest quality care, as well as the largest employer in this area, they are launching a community awareness campaign. In doing so they are requesting permission to hang forty eight (48) streetlight pole banners on streets surrounding the St. Francis Medical Center campus. This would encompass Imperial Highway between California Avenue and Bullis Road, Martin Luther King Boulevard between Norton Avenue and Bullis Road, and Cesar Chavez Lane behind the hospital and along Lynwood Park. The banners will hang approximately 20ft above street level, and staff has concluded that there are no applicable permits needed to approve this request. The banners (see designs attached) highlight their critical service as a STEMI Receiving Center for this region, their tradition of caring for individuals and families, their AGENDA ITEM 14 dedication to helping individuals reach their potential, and values they share with the City of Lynwood and leaders in our community. If permission is granted, St. Francis Medical Center will work with the City of Lynwood to coordinate the installation, which would be completed by AAA Flag and Banner that will be retained by St. Francis Medical Center. Prior to the installation of the banners AAA Flag and Banner must obtain a business license, and provide the City with liability insurance. Fiscal Impact: There is no fiscal impact associated with this request to the City. Coordinated With: City Attorney's Office Finance Department Public Works Department Public Relations Department t ST. FRANCIS MEDICAL CENTER our misslon is life March 18, 2014 Sarah Magana Withers City Manager City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Dear Ms. Magalla Withers, 3630 East Imperial Highway Lynwood, CA 80262 As you may be aware, St. Francis Medical Center is currently seeking new ownership as the Daughters of Charity conclude sponsorship of our medical center and of their other Northern and Southern California hospitals. In an effort to reflect to potential new owners the contribution St. Francis Medical Center makes to this community as a state -of- the -art facility committed to the highest quality care, as well as the largest employer in our area, we are launching a community awareness campaign. In so doing, we would like to request the following: Request: Permission to hang streetlight pole banners on the streets surrounding our campus Total Banners: 48 banners in 4 designs Streets: Imperial Highway — Between California Ave. and Bullis Road Martin Luther King, Jr. Blvd. — Between Norton Ave. and Bullis Road Cesar Chavez Lane — behind the hospital and along Lynwood Park Banner Size: Tx 8' Designs: 4 Designs (attached) Production Co.: AAA Flag and Banner Install Co: AAA Flag and Banner Display Dates: April 15, 2014 —April 15, 2015 The banners highlight our critical service as a STEMI Receiving Center for this region, our tradition of caring for individuals and families, and our dedication to helping individuals reach their personal potential, values which we share with the City of Lynwood and leaders of our community. If permission is granted, St. Francis Medical Center will work with the City of Lynwood to coordinate the installation, which would be completed by AAA Flag and Banner, a Los Angeles company that will be retained by St. Francis Medical Center. - cont. - U Member of Daughters of Charity Health System We appreciate your consideration of our request and the ongoing support of the City of Lynwood. If you have any questions, please contact me at (310) 900 -7319 or lindawoo@dochs.ore Thank you. Sincerely, idy Linda Woo Director, Public Relations & Community Affairs (310) 900 -7319 Iindawoo0dochs.ors t I� A ST. FRANCIS MEDICAL CENTER our mission is life Our Mission is Life ... RENEWED t ST. FRANCIS MEDICAL CENTER our mission is life 0 Our Mission is Life ... REVITALIZED crm LU H z UMI V H Q Umi Z t N O W Z w V Approved STEMI Receiving Center for Los Angeles County J Q V w V Z LL- Y` E u 9�F ?aeo V 1 ���NC CENSE ST AGENDA REP o I I ZrL DATE: April 1, 2014 TO: Honorable Mayor and Members of the City Council !1 APPROVED BY: Sarah Magana Withers, City Manager PREPARED BY: Deborah L. Jackson, Director of Public R SUBJECT: Sheriffs' Department Request to Temporarily Close a ortion of Imperial Highway for "Every 15 Minutes' Emergency Exercise Recommendation: Staff recommends that the City Council approve the partial street closure from 9:00 a.m. to 1:00 pm on April 22, 2014 for the "Every 15 Minutes' exercise, and as the City's portion of participation to provide barricades, cones, and City Street Division staff to man the street closure. Background: Sponsored by the California Office of Traffic Safety the title "Every 15 Minutes' comes from the unfortunate fact that during the early 1980's every 15 minutes someone in the United States was killed in an alcohol - related traffic collision. While the implementation of new laws and grassroots program have helped bring the death rate down to one death every 30 minutes, this figure continues to be unacceptable. Discussion & Analysis: "Every 15 Minutes" is a two -day program that includes a realistic dramatization of the consequences of drinking and personal safety. "Every 15 Minutes" challenges high school juniors and seniors to think about the consequences of drinking, personal safety and the responsibility of making mature decisions when lives are involved. The program seeks to provide students with a hard - hitting, realistic dramatization of the aftermath of a fatal alcohol - related car crash. Participants in this exercise include the Lynwood Unified School District, Century Station Sheriffs Deputies, the Los Angeles County Fire Department, St. Francis Medical Center, McCormick Ambulance, Los Angeles County District Attorney's Office, let ITEM 15 several other entities participating in this nationally recognized "Every 15 Minutes' program. The program will be hosted by Lynwood High School on Imperial Highway. A mock fatal DUI (Driving Under the Influence) collision will be staged on Jackson Avenue in front of the High School, and a mock emergency response will be portrayed while the senior class watches from the bleachers. This event is expected to attract the media. The Sheriffs Department is requesting to use the westbound lanes of Imperial Highway between Jackson Avenue and Sampson Avenue between 9:00 a.m. and 1:00 p.m. on April 22 They are also requesting the City provide street division staff, barricades, and cones to secure the area where the exercise will take place. The Sheriff's Department agrees to add the City as an insured party for this event. Alternatively, the Sheriffs Department agrees to indemnify the City for any loss occurring at or from this event. Fiscal Impact: • Prepare detour and traffic control plan: $2,500 • Rent message board (2 boards for one week @ $1,000 /wk/ea.) _ $2,000 • Rent traffic control signs and barricades = $800 • Set up detour an traffic control (6 men x 2 hrs x $38 /hr) =$456 • Remove detour and traffic control (4 men x 2 hrs x $38 /hr) _ $304 • Maintain traffic detour and traffic control during the event (2 men x 4 /hrs. x $38 /hr) _ $304 • Vehicle usage (1 flatbed truck, 4 /hrs x $20 /hr) _ (2 pick -up trucks x 4 /hrs) + (2 pick -up trucks x 4 /hrs) x 10 /hrs) _ $240 • Clean up area (2 man x 1 /hr x $38 /hr) _ $76 Total fiscal impact: $6,680 Coordinated With: City Attorney's Office Finance Department Public Works Department Sheriff's Department ''( ➢ay A GENDA ST DATE: April 1, 2014 TO: Honorable Mayor and Members of the'City Council APPROVED BY: Sarah Magana Withers, City Manager PREPARED BY: Bruno Naulls, Community Development Project Manage SUBJECT: Reimbursement and EAR Program Fund Implementation Recommendation: Staff recommends that the City adopt the attached resolution entitled, "A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL AUTHORIZING GANNETT FLEMING TO USE THE STATE WATER RESOURCES CONTROL BOARD ( SWRCB), EMERGENCY, ABANDONED, & RECALCITRANT (EAR) PROGRAM FUNDS IN THE AMOUNT OF $195,000 AND REIMBURSEMENTS IN THE AMOUNT OF $66,900 FROM THE UNAPPROPRIATED BROWNFIELD FUNDS FOR WORK PERFORMED DIRECTLY RELATED TO TARGETED LYNWOOD BROWNFIELD SITES AND TO CONTINUE CONDUCTING CORRECTIVE ACTION AT THE PETROLEUM UST SITE LOCATED AT 11600 LONG BEACH BOULEVARD ". Background: EAR Funds The State Water Resources Control Board ( SWRCB), Emergency, Abandoned & Recalcitrant (EAR) Account Program provides grant funding to approved regulatory agencies to investigate and remediate contamination caused by leaking petroleum underground storage tanks (USTs). If funds are not spent according to agreed terms and in a timely manner, the City risks losing the grant award and any future funding. On January 11, 2011, the City was awarded funds from this program. A first phase budget was approved in the amount of $999,983 concerning the site at 11600 Long Beach Boulevard. On May, 22, 2011, Gannett Fleming entered into an Agreement with the City to conduct corrective remediation action at said location using $978,329 of the City's awarded EAR Program funds. As a part of the award, if funds were expended according to schedule, SWRCB had the option to appropriate a second phase of funding without an additional application process. Pursuant to Section 2 of said Agreement ( "Term of Agreement "), City Manager or City Council may extend the original Agreement if additional EAR funds are awarded the City. F AGENDA ITEM 01 On March 5, 2013, Gannett Fleming entered into a second Agreement with the City to continue corrective remediation action at said location using $1,327,438 of the City's awarded EAR Program funds. The $1,327,438 is a combination of the original amount of $978,329 and an additional $349,109 appropriated for the second phase of remediation. Gannet Fleming has worked diligently to stay on schedule and has made substantial progress in remediating the site. On November 15, 2013, Gannett Fleming, on behalf of the City submitted a request for an extension to the State Water Resources Control Board to complete project related duties and obligations associated with an amended scope of work, and to request additional funds in the amount of $147,128 to perform such duties. At the time of the request, there was an estimated $77,866 in unspent funds remaining in the previous EAR Program appropriation. Combined, the proposed new allocation would be for a total amount of $224,994. On February 27, 2014, the City received notice that Lynwood was preauthorized to receive $197,994 for continued remediation efforts. This accounts for the $195,000 for Consultant to continue remediation and $2,994 for City to monitor and administration. On March 18, 2014, the City adopted a resolution approving the award and authorizing the use of the funds at said location. A third agreement, similar to the original agreement(s) between the City and the State Water Resources Control Board for the acceptance of funds shall be executed prior to funding. Due to the amount of the award, staff has brought this amendment to Council for approval. In order to continue progress and not delay the remediation project, a contract with Gannett Fleming for use of the third phase of EAR funding is needed in order for the funds to be used. The proposed contract will allow Gannett Fleming to continue conducting corrective action at the petroleum UST site located at 11600 Long Beach Boulevard. Reimbursement During the course of the remediation, The City has aggressively pursued the parties responsible for the contamination at EAR Program target location and other impacted areas of the City. Gannett Fleming has provided support data and technical assistance to our litigation team to make it possible to recover funds which will also assist in the remediation of the site. They have also prepared critical remediation data for the City outside their original scope of work that will allow the City to move forward with remediation efforts at other highly contaminated project sites. The total for services and production of supportive data to be reimbursed for assisting in the asset recovery efforts from responsible parties at 11600 Long Beach Boulevard and additional remediation data for the Alameda Triangle Area is $66,866. Funds are available in the City's Brownfield account for this purpose and a new appropriation will not be necessary. Discussion & Analysis: The City has used Gannett Fleming to successfully implement use of EAR funds to begin the soil remediation at said location. Due to a productive Phase I and II, we are able to continue efforts to remediate the site using non -City funding. Gannett Fleming has shown diligence throughout its remediation services to the City and it is felt that they should continue representing the City in its efforts to remediate said locations. The unpredictable nature of remediation at times requires additional sampling or reports to be prepared that fall outside of the intended agreed upon scope of services, but is imperative in order to secure the needed data which identifies contamination, its magnitude and most importantly, the source. The City required such services which are considered during budget preparation. The funds necessary to cover such research and reports are available in the unappropriated fund balance of the Brownfield account to cover the costs described herein. Fiscal Impact: The City will receive $197,994 of which $2,994 will be dedicated to Agency staff time for administration and the remaining $195,000 will be for the remediation of the subject site. The EAR program gives the City until March 31, 2015 to expend the funds, therefore the unused fund balance this fiscal year must be carried into FY 2014/2015. The $66,900 for the reimbursement will be allocated from the unappropriated fund balance of the Brownfield account. Coordinated With: City Manager's Office City Attorney Finance Department Attachments: 1. Resolution 2. Agreement 3. Back up for Reimbursements RESOLUTION NO. A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL AUTHORIZING GANNETT FLEMING TO USE THE STATE WATER RESOURCES CONTROL BOARD (SWRCB), EMERGENCY, ABANDONED, & RECALCITRANT (EAR) PROGRAM FUNDS IN THE AMOUNT OF $195,000 AND REIMBURSEMENTS IN THE AMOUNT OF $66,900 FROM THE UNAPPROPRIATED BROWNFIELD FUNDS FOR WORK PERFORMED DIRECTLY RELATED TO TARGETED LYNWOOD BROWNFIELD SITES AND TO CONTINUE CONDUCTING CORRECTIVE ACTION AT THE PETROLEUM UST SITE LOCATED AT 11600 LONG BEACH BOULEVARD WHEREAS, the State Water Board, Emergency, Abandoned & Recalcitrant (EAR) Account Program provides funds to approved regulatory agencies to investigate and remediate contamination caused by leaking petroleum underground storage tanks (USTs); and WHEREAS, on May, 22, 2011, Gannett Fleming entered into an Agreement with the City to conduct corrective remediation action at said location using the City's awarded EAR Program funds and has worked diligently to stay on schedule making substantial progress in remediating the site; and WHEREAS, pursuant to Section 2 ( "Term of Agreement') of said Agreement, City Manager or City Council may extend the original Agreement if additional EAR funds are awarded the City; and WHEREAS, on February 27, 2014, the City received notice that Lynwood was preauthorized to receive $197,994 for continued remediation efforts and on March 18, 2014, the City adopted a resolution approving the award and authorized the use of the funds at said location. This accounts for the $195,000 for Consultant to continue remediation and $2,994 for City to monitor and administration: and WHEREAS, in order to continue progress and not delay the remediation project, an amended contract with Gannett Fleming for use of the EAR fund allocation is required in order for the funds to be used; and WHEREAS, the amendment will allow Gannett Fleming to continue conducting corrective action at the petroleum UST site located at 11600 Long Beach Boulevard; and WHEREAS, Gannett Fleming has also provided support data and technical assistance to our litigation team and prepared critical remediation data for the City outside their original scope of work that will allow the City to move forward with remediation efforts at other highly contaminated project sites to make it possible to recover funds for remediation; and WHEREAS, the additional sampling reports and work performed by Gannett Fleming that fell outside of the agreed upon scope of services was imperative in order to secure the needed data which identifies contamination, its magnitude and most importantly, the source; and WHEREAS, the total to be reimbursed for assisting in the asset recovery efforts from responsible parties at 11600 Long Beach Boulevard and additional remediation data for the Alameda Triangle Area is $66,866. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1 . That the City Council hereby approves the second amendment of Gannett Fleming's original Agreement approved by this Council in a form to be approved by the City Attorney to continue conducting corrective remediation action at the petroleum UST site located at 11600 Long Beach Boulevard. Section 2. The City Council directs the Finance Department to make the appropriate adjustment to the budget to reflect the additional $195,000 in EAR funds for Gannett Fleming's contract. Section 3 . The City Council hereby approves and direct finance to execute a fund transfer in the amount of $66,866 from the unappropriated fund balance of Brownfield revenue account # 3561.75.32151 to Brownfield expenditure account # 3561.75.831.62015 to reimburse Gannett Fleming for the additional reports and work performed that fell outside of the intended agreed upon scope of services at 11600 Long Beach Boulevard and the Alameda Triangle Area. Section 4. The City Manager or his designee is hereby authorized to take necessary steps, including the execution of amendments and or agreements with Gannett Fleming to undertake duties outlined in the scope of work under the SWRCB Agreement No. 3, subject to the amount appropriated for this purpose of $195,000. Section 5 . This resolution shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this 1 st day of April, 2014. 2 Aide Castro Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: David Garcia City Attorney Sarah Magana- Withers City Manager APPROVED AS TO CONTENT: Bruno Naulls Community Development Project Manager AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT This Second Amended and Restated Professional Services Agreement ( "Agreement") is made as of April 1, 2014 by and between the City of Lynwood, a public body, corporate and politic ( "City ") and Gannett Fleming Project Development Corporation and Gannett Fleming ,Inc. (collectively the "Contractor "). Agency and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, on or about March 22, 2011, the City retained Contractor to provide professional consulting and engineering services to investigate and remediate contamination at the property located at 11600 Long Beach Boulevard in the City of Lynwood pursuant to that certain Professional Services Agreement ( "Original Agreement "), as such services are further described therein; WHEREAS, the City desires to continue utilize the services of Contractor as an independent contractor to provide consulting services to City as set forth in the attached Exhibit A; and WHEREAS, Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. WHEREAS, the City wishes to have Contractor continue to provide professional consulting and engineering services, provided Contractor maintains all appropriate contractor licenses and insurance to provide design -build services; and replace the Original Agreement with the terms of this Agreement.. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: Contractor's Services. A. Scope of Services The nature and scope of the specific services to be performed by Contractor are to perform services in accordance with the City's contract (Contract No. 10 -667- 550 with the State Water Resources Control Board (the "Board "), as more particularly described in Contract No. 13 -431 -550 on file with the City Clerk's office and in general accordance with the Scope of Work presented in Exhibit A— Scope of Work. Contractor will complete the Scope of Work authorized by the Board within the estimated prices set forth in Exhibit B- Budget Detail and Payment Provisions and the rates set forth in Table 1 - City of Lynwood Rate Schedule. Contractor, as material inducement to the City in entering into this Agreement, represents to City that it is qualified to comply, and at all times while this Agreement is in effect, as may be extended, shall comply with all requirements imposed upon City by the Board, as described in Exhibits A -Scope of Work and B- Budget Detail and Payment Provisions. B. Time of Performance Contractor shall complete services for City in general accordance with the Performance Schedule set forth in Exhibit A. The Performance Schedule is subject to permitting schedules, access agreements, regulatory agency approvals, utility connections and other factors outside the control of Contractor. Contractor will work in good faith toward achieving milestones set forth in the Performance Schedule. Environmental Services Agreement GFPDC Project No. Page 1 of 11 GFPDC Initials: 2. Term of Agreement. The Original Agreement commenced on April 1, 2011 (the "Commencement Date ") and, as extended by this Agreement shall terminate on April 31, 2015 (the "Termination Date "), unless sooner terminated pursuant to the provisions of this Agreement. The City Manager may extend the term of the agreement in three month increments with a maximum of 12 months. This Agreement can also be extended by the City Manager or City Council, as applicable, upon award of additional funds to the City under the Emergency Abandoned and Recalcitrant (EAR) Fund. 3. Compensation A. City agrees to compensate Contractor for services under this Agreement in compliance with the schedule and rates set forth in Exhibit B, and Attachment 1 - Budget,. Payment will be made only after submission of proper monthly invoices in the form and manner specified by City. Each invoice shall include a breakdown of all monthly services performed together with the hours spent on each Task shown in Exhibit A. City shall endeavor to pay invoices bearing correct and authorized charges within thirty (30) days of the date they are received; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. However, regardless of City warrant procedures, City agrees to pay Contractor within 90 days or receipt of invoice. Except as hereinafter described, City shall not be responsible to Contractor for any additional charges, interest or penalties due to a failure to pay within such period. B. Total payment to Contractor pursuant to this Agreement shall be billed on a cost plus basis as shown on Exhibit B and not exceed One Hundred Ninety Five Thousand and 00/100 Dollars ($195,000.00), which shall be payable as set forth in the Exhibit B, Attachment 1 Budget for the Scope of work performed in the attached Exhibit A. CONTRACTOR IS RESPONSIBLE FOR ENSURING CONTRACTOR DOES NOT EXCEED THE CONTRACTED AMOUNT OR GO BEYOND THE EFFECTIVE DATES OF THE AGREEMENT. This agreement can be amended with supplemental authorizations under the EAR Sites program to continue with the remediation. Contractor acknowledges that funding for the services hereunder are subject to the City receiving sufficient EAR Funds to pay all compensation and costs under this Agreement. Should such funding become unavailable, either party may terminate this Agreement, without liability to the other party. However, City agrees to reimburse Contractor for all costs incurred prior to receipt of notification of the lack of availability of further project funding by the EAR program or Board. C. Contractor shall only be reimbursed for those expenses which: (i) appear on Contractor's monthly invoices; (ii) are accompanied by a copy of the City's written authorization for Contractor to incur such expenses; and (iii) receipts documenting such expenses. 4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B1 are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control. 5. Addresses. City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Attn: Executive Director Environmental Services Agreement GFPDC Project No. Page 2 of 11 GFPDC Initials: Contractor Gannett Fleming Project Development Corporation, Inc. 207 Senate Avenue Camp Hill, PA 17011 Attn: Don Morosky, President Tel: (717) 763 -7270 (Ext. 2232) 6. Exhibits, Tables and Attachments. All Exhibits, Tables and Attachments referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference. Exhibit A - Scope of Services Exhibit B - Budget Detail and Payment Provisions including Rate Schedule Exhibit B1 - General Terms and Conditions Environmental Services Agreement GFPDC Project No. Page 3 of 11 GFPDC Initials: IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below. CITY OF LYNWOOD M Sarah Magana- Withers, Executive Director ATTEST: in Maria Quinonez, City Clerk APPROVED AS TO FORM: A David Garcia, City Attorney CONTRACTOR GANNET FLEMING PROJECT DEVELOPMENT CORPORATION 0 Don Morosky, Gannett Fleming Project Date Development Corporation Environmental Services Agreement GFPDC Project No. Page 4 of 11 GFPDC Initials: City of Lynwood Agreement Number: 13431 -550 Page 1 of 5 Exhibit A 1. SCOPE OF WORK A. Contractor agrees to provide to the State Water Resources Control Board (Water Board) services as described herein: Contractor shall perform remediation activities of petroleum contamination caused by a leaking petroleum underground storage tank (UST). B. The services shall be performed at 11600 South Long Beach Blvd., Lynwood, California 90262. C. The services shall be provided during normal working hours, 8:00 a.m. — 5:00 p.m., Monday through Friday, except holidays and seasonal months (weather permitting). D. The Project Representatives during the term of this Contract shall be: State Water Resources Control Board Contractor: City of Lynwood Name: Song Her, Water Board Contract Manager Name: Sarah Withers, Project Director Phone: 916 341 -5973 Phone: 310 603 -0220, ext. 317 Fax: 916 341 -5806 Fax: 310 631 -7952 e -mail: Song. Her waterboards.ca. ov e-mail: swithers I nwood.ca.us Direct all inquiries to: State Water Resources Control Board Contractor: City of Lynwood Section /Unit: Division of Financial Assistance Section /Unit: City of Lynwood Attention: Song Her, Contract Manager Attention: Bruno Naulls, Contract Contact Address: P.O. Box 944212 Sacramento, CA 94244 -2120 Address: 11300 Bullis Road Lynwood, CA 90640 Phone: 916 341 -5973 Phone: 310 603 -0220, ext. 253 Fax: 916 341 -5806 Fax: 310 631 -7952 e -mail: Song. Her waterboards.ca. ov e-mail: bnaulls 1 nwood.ca.us The parties may change their Project Representative upon providing ten (10) days written notice to the other party. 2. WORK TO BE PERFORMED The Water Board's Emergency, Abandoned & Recalcitrant (EAR) Account Program provides funds to approved regulatory agencies to investigate and remediate contamination caused by leaking petroleum underground storage tanks (USTs). This Contract shall provide funds to the City of Lynwood to conduct corrective action at the petroleum UST site located at: (Fortner) Garfield Express 11600 South Long Beach Blvd. Lynwood, CA 90262 EAR Account Site No. R09 -126 The Contractor shall work with the Water Board to gain access to the site pursuant to Health and Safety Code Chapter 6.75 of Division 20, Article 4, Section 25299.39.3. The Contractor shall assure that the subcontractor leaves the site in a secure and stable condition at the termination of the Contract. The subcontractor shall not retain any responsibilities for activities of the recalcitrant City of Lynwood Agreement Number: 13-431 -550 Page 2 of 5 Exhibit A responsible party (RP) or their leaseholder, which may affect the site's conditions at the termination of the Contract, provided that the action was not a direct result of the subcontractor's activities. FAR account funding is authorized in accordance with Califomia Health and Safety Code Chapter 6.75 of Division 20, Article 4, Sections 25299.36, and Article 6, Sections 25299.51 (c)(d)(e) and (h), and 25299.53 and the Water Board, Administrative Procedures, Chapter 19, established to implement the statutory provisions. Any costs incurred and payable from the FAR Account shall be recovered by the Attorney General upon request by the Water Board pursuant to Health and Safety Code Chapter 6.75 of Division 20, Article 7, Section 25299.70. The Water Board may request the recordation by the County Recorder of a lien. A. Background and Goals The proposed Lynwood Springs Development is comprised of approximately six (6) acres, including a mix of commercial and residential properties. The primary commercial properties include the former "Garfield Express" property at 11600 -11618 Long Beach Boulevard (which comprises five (5) businesses including an active gasoline service station), the Acosta's Restaurant property located at 11700 Long Beach Boulevard, and the U -Haul facility located at 11716 Long Beach Boulevard. The remaining portions of the proposed Lynwood Springs Development include several residences and City -owned right -of -way property associated with Lynwood Road, Lewis Road, and Louise Street. The Site is located within the Central Groundwater Basin portion of the Los Angeles Basin, which is located in the northern portion of the Peninsular Geomorphic Province. The geologic units underlying the Site include shallow Holocene -age surface deposits, the Upper Pleistocene Lakewood Formation (at approximately 85 feet below ground surface (bgs)), the Lower Pleistocene San Pedro Formation (at approximately 300 feet bgs), and the Upper Pliocene Pico Formation (at approximately 1,400 feet bgs). The Site is the location of two documented leaking underground storage tank (LUST) sites, which resulted in significant soil and groundwater contamination, including the presence of widespread free product. The two documented releases include the "Garfield Express" service station located at 11600 Long Beach Boulevard and the U -Haul facility, located at 11716 Long Beach Boulevard. In addition, gasoline service stations were located both on the current Acosta's Restaurant property and the southern portion of the U -Haul property. The dissolved -phase groundwater plume extends over virtually the entire Site and Light Non - Aqueous Phase Liquid (LNAPL) contamination appears to be present beneath the previously unexplored areas. A dry cleaner was also historically located on the Site immediately to the north of Louise Street, which resulted in a release of chlorinated volatile organic compounds (VOCs) that affected soil and groundwater. The lateral and vertical extent of chlorinated VOCs in soil and groundwater has not been fully defined. Chlorinated VOCs are known to extend onto the U -Haul property to the south of the historical dry cleaner location. The corrective work shall include the implementation of a LNAPL recovery program at the Site that shall continue to reduce the quantity of LNAPL gasoline and petroleum hydrocarbons while minimizing the associated remedial cost, until such time that a more comprehensive remedial action program is implemented as part of Site redevelopment activities. Accordingly, the most cost- effective and preferred method of LNAPL recovery is the continued use of the vapor- enhanced LNAPL recovery system at the Garfield Express property. Given the existing infrastructure and equipment at the Site, this option was selected over more costly alternatives (such as multi -phase extraction) as it results in the most efficient and cost - effective City of Lynwood Agreement Number. 13-431 -550 Page 3 of 5 Exhibit A means of recovering LNAPL in on -Site wells and meets the Water Board's Cleanup and Abatement Order (CAO) requirement of an "aggressive and active free product removal system." The vapor - enhanced LNAPL recovery system shall address the LNAPL present within wells at both the Garfield Express property and the U -Haul property, with the exception of any LNAPL that could be present in the southwestern corner of the U -Haul property based on a Rapid Optical Screening Technology (ROST) investigation conducted in 2007. The LNAPL recovery system shall remove free product from the following eighteen (18) monitoring wells until such time that the free product thickness in the well(s) decreases to such an extent that it is technically impractical to extract LNAPL or until an alternative LNAPL recovery system is implemented as part of the comprehensive remedial action program for the Site: MW- 2, MW -3, MW -7, MW -8, MW -9, MW -10, MW -11, MW -12, MW -14, MW -15, MW -16, MW -21, MW- 22, MW -23, UH -1, EX -1, EX -2, and EX -3. The Contractor shall be responsible for the performance of the work as described herein. The Contractor shall promptly notify the Water Board Contract Manager of events or proposed changes, which could affect the scope, budget, or schedule of work to be performed under this Contract. a. The Contractor shall provide one copy of all subcontracts and amendments negotiated by the Contractor for services associated with this Contract, to the Water Board Contract Manager. b. The Contractor shall immediately notify the Water Board Contract Manager and propose an amendment Contract in the event that, for reasons beyond the reasonable control of the Contractor or reasons that cannot be anticipated at the execution of the Contract, either the investigation or corrective action exceeds the scope of the Contract or it becomes apparent that the Contractor shall be unable to complete the work. The proposed amendment must include the following: 1) Justification for amendment; 2) A description of the investigation or corrective action phase and condition in which the project site shall be left at the termination of the Contract; 3) Appropriate monitoring and sampling schedules; 4) Provisions for Contractor oversight of site monitoring; and 5) Recommendations for the completion of the investigation or appropriate corrective action. B. Tasks, Products and Deliverables EAR Account funding is provided to perform the following site specific work: Task 1. Semi - Annual Groundwater Monitoring 1.1 Semi - annual groundwater monitoring per Water Board requirements. The Contractor shall conduct semi - annual groundwater monitoring for the existing well network as directed by the Water Board. This task shall consist of gauging the well network and collecting groundwater samples from selected monitoring wells utilizing low -flow methodology. Groundwater samples shall be analyzed for: City of Lynwood Agreement Number: 13-431 -550 Page 4 of 5 Exhibit A VOCs and fuel oxygenates by United States Environmental Protection Agency ( USEPA) Method 82608; Total petroleum hydrocarbons (TPH) gasoline, diesel, and oil range (TPH -g, TPH-d, and TPH-o) by USEPA Method 8015C. 1.2 Semi - annual groundwater monitoring reports Contractor shall prepare and upload semi - annual groundwater monitoring reports to the Water Board's on -line database, Geotracker. The report shall include tables of current and historical groundwater elevations, current and historical contaminant concentrations, well information, site figures depicting well locations, groundwater gradient, isoconcentration contours for chemicals of concern and a brief summary of the field activities conducted. Task Deliverables: Semi - annual groundwater monitoring reports. Task 2. LNAPL Recovery System Operation and Maintenance (O &M) and Monitoring and Reporting (M &R) 2.1 Operation and Maintenance Contractor shall conduct weekly site visits per the South Coast Air Quality Management District (SCAQMD) permit requirements to operate and maintain the vapor extraction systems. In addition to the basic operation and maintenance program, Field Technicians shall perform system optimization for maximum recovery of the floating product. Routine maintenance shall be completed for the system per manufacturer specifications, per SCAQMD permit requirements, and per the approved Interim Remedial Action Plan (TRAP). Operations and Maintenance activities shall be completed as follows: • Measure influent manifold, influent process, and effluent vapor concentrations with a Photo Ionization Detector (PID) or Flame Ionization Detector (FID); • Record utility usage (natural gas and electric); • Record product recovery rates for individual wells (if totalizing flow meters are added); • Record liquid levels in product storage tanks; • Record water levels in the knock -out tanks and temporary storage vessels; • Check flow reading with pitot tube and calibrate flow meter if necessary (monthly); • Coordinate with waste recycler to remove recovered product; • Measure and record individual well -head vacuums; • Collect monthly influent vapor samples; • Coordinate with the laboratory for sample analysis and report revisions (if needed); • Check /clean air filters; • Check for water in the conveyance lines; • Perform general housekeeping of compound area; • Conduct management of field personnel and site data; • Engage in client correspondence, and • Utilize the system's telemetry to confirm operations. 2.2 Monitoring and Reporting. Contractor shall monitor the LNAPL recovery systems according to applicable permits and as necessary to optimize system performance. LNAPL recovery rates, system flow rates, system City of Lynwood Agreement Number: 13-431 -550 Page 5 of 5 Exhibit A vacuum, system run -time, and influent vapor concentrations shall be measured weekly. Quarterly remediation progress reports shall be submitted on a quarterly basis. These reports shall include tasks completed, operation and maintenance details (LNAPL removal rates, system uptimes, system flow rates, influent vapor concentrations, etc.), and analytical results. Task Deliverables: Quarterly remediation progress reports Task 3. Project Oversight and Integration Contractor shall provide quality control and oversight of the project to ensure that the project is progressing according to plan and budget and integrating the various subcontractors. Task Deliverables: None Task 4. City Project Management Contractor shall provide project management oversight, including review of work plans, reports, and coordination of field activities. Task Deliverables: None C. Task and Deliverable Schedule Timeline Task Task Description Deliverable Due Date 1 Semi - Annual Groundwater Monitoring Reports September 2014 and March 2015 2 Remediation Progress Reports June 2014, September 2014, December 2014, and March 2015 3 Project Oversight and Integration Duration of Contract 4 City Project Management Duration of Contract 3. PROGRESS REPORTS A. Not later than July 15, 2014, and quarterly thereafter, during the life of this Contract, the Contractor shall provide a written progress report to the Water Board Contract Manager describing activities undertaken, accomplishment of milestones, and any problems encountered in the performance of the work under this Contract. B. The Contractor shall submit to the Water Board Contract Manager for approval the reports containing the results of the work performed in accordance with the schedule of this Exhibit. C. The report shall not be considered final until accepted and approved by the Water Board Contract Manager. City of Lynwood Agreement Number: 13431 -550 EXHIBIT B Page 1 of 4 BUDGET DETAIL AND PAYMENT PROVISIONS 1. INVOICING AND PAYMENT A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the Water Board agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement. B. Invoices shall include the Agreement number and shall be submitted in triplicate not more frequently than monthly in arrears to: Song Her State Water Resources Control Board Division of Financial Assistance, EAR Account Program PO Box 944212,17 1h Floor Sacramento, CA 94244 -2120 C. The original and one (1) approved copy of the invoice or payment request will be forwarded to the Water Board's Accounting Operations Section by the Water Board Contract Manager. Contractors who are certified as small businesses or recognized as non - profit organizations by the Office of Small Business and DVBE Services (OSDS) will be paid in accordance with California Government Code, Title 1, Section 926.15. Invoices for all other Contractors shall be paid within 45 calendar days. In either situation, payment of any invoice will be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice or payment request. Failure to use the address exactly as provided above may result in return of the invoice or payment request to the Contractor. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. All invoices must be approved by the Water Board Contract Manager. D. The invoice shall contain the following information: 1. The word "INVOICE" should appear in a prominent location at the top of page(s); 2. Printed name of the Contractor; 3. Business address of the Contractor, including P.O. Box, City, State, and Zip Code; 4. The date of the invoice; 5. The number of the Agreement upon which the claim is based; and 6. An itemized account of the services for which the Water Board is being billed; a) The time period covered by the invoice, i.e., the term "from" and "to "; b) A brief description of the services performed; c) The method of computing the amount due. On cost reimbursable Agreements, invoices must be itemized based on the categories specified in the Budget. The amount claimed for salariestwagestconsultant fees must also be explained; i.e., hours or days worked times the hourly or daily rate = the total amount claimed; d) The total amount due; this should be in a prominent location in the lower right -hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the Contractor under the terms of this Agreement; and e) Original signature of Contractor (not required of established firms or entities using preprinted letterhead invoices). City of Lynwood Agreement Number: 13-431 -550 EXHIBIT B Page 2 of 4 2. LIMITATION OF STATE LIABILITY A. The maximum amount payable under this Agreement shall not exceed $197,994.00. One Hundred Ninety Seven Thousand Nine Hundred Ninety Four Dollars and Zero Cents. B. Reimbursement shall be made for allowable expenses up to the amount encumbered. C. An amendment(s) increasing the value of the Agreement may require prior approval by the Department of General Services. 3. SUBCONTRACTING A. Asa requirement of this Agreement (and any amendments thereto) subcontracting is limited to $50,000 or 25% of the total contract, whichever is less. If the total of all subcontracts exceeds the limitation, all subcontracts must be in accordance with the following conditions: B. Subcontract service(s) must be selected by the primary Contractor pursuant to a bidding process requiring at least three bids from responsible bidders. A bidding process is not required when a subcontractor(s) is one of the following entities: Entities excluded from bidding 1. Another State entity, including: a) A governmental agency from any state (Public Contract Code § 10340) b) A state college or state university from any state. 2. A local governmental entity or agency, including those created as a Joint Powers Authority (JPA) 3. An auxiliary organization of the California State University (CSU), or a California community college 4. The Federal Government 5. A foundation organized to support the Board of Governors of the California Community Colleges, or 6. An auxiliary organization of the Student Aid Commission established under Education code § 69522. C. By signing this Agreement, the Contractor is certifying selection of a non - excluded subcontractor(s) was pursuant to a bidding process requiring at least three bids from responsible bidders. D. The Water Board will only pay overhead charges on the first $25,000 for each subcontract. 4. BUDGET CONTINGENCY CLAUSE A. It is mutually agreed that if the Budget Act of the current year and /or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the Water Board shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the Water Board shall have the option to either cancel this Agreement with no liability occurring to the Water Board, or offer an Agreement Amendment to Contractor to reflect the reduced amount. C. The Water Board's obligation to make any payments under this Contract shall be suspended during such time as the Budget Act covering that fiscal year has not been approved by the Legislature and signed into law by the Governor. City of Lynwood Agreement Number: 13-431 -550 EXHIBIT B Page 3 of 4 S. PROMPT PAYMENT CLAUSE Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. 6. TIMELY SUBMISSION OF FINAL INVOICE A. Based on the Contract expiration date of March 31, 2015, a final undisputed invoice shall be submitted for payment no more than thirty (30) calendar days following the expiration or termination date of this Agreement, unless a later or alternate deadline is agreed to in writing by the Water Board Contract Manager. Said invoice should be clearly marked "Final Invoice," thus indicating that all payment obligations of the Water Board under this Agreement have ceased and that no further payments are due or outstanding. B. The Water Board may, at its discretion, choose not to honor any delinquent final invoice if the Contractor fails to obtain prior written Water Board approval of an alternate final invoice submission deadline. Written Water Board approval shall be sought from the Water Board Contract Manager prior to the expiration or termination date of this Agreement. 7. EXPENSE ALLOWABILITY /FISCAL DOCUMENTATION A. Invoices received from a Contractor and accepted and/or submitted for payment by the Water Board, shall not be deemed evidence of allowable Agreement costs. B. The Contractor shall maintain for review and audit and supply to the Water Board upon request, adequate documentation of all expenses claimed pursuant to this Agreement to permit a determination of expense allowability. C. If the allowability or appropriateness of an expense cannot be determined by the Water Board because invoice detail, fiscal records, or backup documentation is nonexistent or inadequate according to generally accepted accounting principles or practices, all questionable costs may be disallowed and payment may be withheld by the Water Board. Upon receipt of adequate documentation supporting a disallowed or questionable expense, reimbursement may resume for the amount substantiated and deemed allowable. D. If travel is a reimbursable expense, receipts must be maintained to support the claimed expenditures. E. Costs and /or expenses deemed unallowable are subject to recovery by the Water Board. See provision 8 in this exhibit entitled, "Recovery of Overpayments" for more information. 8. RECOVERY OF OVERPAYMENTS A. Contractor agrees that claims based upon a contractual agreement or an audit finding and /or an audit finding that is appealed and upheld, will be recovered by the Water Board by one of the following options: (a) Contractor's remittance to the Water Board of the full amount of the audit exception within thirty (30) days following the Water Board' request for repayment; (b) A repayment schedule, which is agreeable to both the Water Board and the Contractor. B. The Water Board reserves the right to select which option will be employed and the Contractor will be noted by the Water Board in writing of the claim procedure to be utilized. C. Interest on the unpaid balance of the audit finding or debt will accrue at a rate equal to the monthly average of the rate received on investments in the Pooled Money Investment Fund commencing on the date that an audit or examination finding is mailed to the Contractor, beginning 30 days after Contractor's receipt of the Water Board's demand for repayment, or commencing on the date that an audit or examination finding is mailed to the Contractor, if applicable. D. If the Contractor has filed a valid appeal regarding the report of audit findings, recovery of the overpayments will be deferred until a final administrative decision on the appeal has been reached. If the Contractor loses the final City of Lynwood Agreement Number: 13 -431 -550 EXHIBIT B Page 4 of 4 administrative appeal, Contractor shall repay, to the Water Board, the over - claimed or disallowed expenses, plus accrued interest. Interest accrues from the Contractor's first receipt of Water Board's notice requesting reimbursement of questioned audit costs or disallowed expenses. 9. BUDGET FLEXIBILITY CLAUSE A. Subject to the prior review and approval of the Water Board Contract Manager, line item shifts of up to a cumulative maximum of $25,000 or 10% of the annual Agreement total, whichever is less, may be made over the life of the Agreement. B. There must be a substantial business justification for any shifts made. Fund shifts which increase Indirect, Overhead or General Expense line items are prohibited. C. Line item shifts may be proposed I requested by either the Water Board or the Contractor in writing, and must not increase or decrease the total Agreement amount allocated. Any line item shifts must be approved by the Deputy Director of the Division of Financial Assistance, or his/her designee, and must be sent to the Contracts Office within ten (10) days of approval for inclusion in the Agreement folder. D. If the Agreement is formally amended, any line item shifts agreed to by the parties must be included in the amendment. City of Lynwood Agreement Number: 13-431 -550 Page 1 of 1 Exhibit B, Attachment I Budget Contractor will be reimbursed for services satisfactorily performed based on the following rate schedule: Sub - contracted Professional Consulting & Services: (Gannett Fleming, Inc. and The Source Group, Inc.) Staff Wage Principal Engineer $145.00 Sr. Project Engineer $120.00 Sr. Engineer /Geologist $112.00 Project Engineer /Geologist $ 87.00 Field Technician $ 75.00 CAD Operator $ 75.00 Project Coordinator $ 90.00 Semi - Annual Groundwater Monitoring (2 events) System O &M and M &R (1 year) Project Oversight and Integration (1 year) IDC = 0% $26,600.00 $163,000.00 $5.400.00 Subtotal $ 195,000.00 TOTAL $ 197,994.00 End of Exhibit B EXHIBIT B1 GENERAL TERMS AND CONDITIONS 1. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 1. 2. Standard of Performance. A. Consultant shall use its professional technical judgment and resources available to assist City in obtaining required permits. Nothing in this Agreement shall be construed as a guarantee that Consultant can cause a permit(s) or permit condition(s) to be granted or further City's business goals. The City Manager or his /her designee may from time to time assign additional or different tasks or services to Consultant, provided such tasks are within the scope of services described in Exhibit A. However, no additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A, or those so assigned in writing to Consultant by the City Manager or his /her designee. B. The City Manager or his designee, shall, until further notice to Consultant, administer this Agreement and provide for immediate supervision of Consultant with respect to the services to be provided hereunder. 3. Indemnification. A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties. Environmental Services Agreement GFPDC Project No. Page 5 of 11 GFPDC Initials: B. City and its respective elected and appointed boards, officials, officers, employees and volunteers (individually and collectively, "Indemnitees ") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims "), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss to the extent caused by the Consultant's negligent performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, subcontractors, subconsultants or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City's sole negligence or willful acts or omissions. C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure.of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnitees as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to City. 4. Insurance. A. Without limiting Consultant's indemnification of Indemnitees pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below: (i) Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. (ii) Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than 1,000,000 per accident, combined single limit. If consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described in the preceding subsection. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. (iii) Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $500,000 per accident for all covered losses. Environmental Services Agreement GFPDC Project No. Page 6 of 11 GFPDC Initials: (iv) Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy (ies) as to commercial general liability and automotive liability. C. All insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California with a Best's rating of no less than A: VII. D. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed to "Risk Manager," City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage. E. Consultant shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement ". F. The Consultant's insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. 5. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 6. Ownership of Work Product. All reports, documents or other written material developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Such material shall not be the subject of a copyright application by Consultant. Environmental Services Agreement GFPDC Project No. _ Page 7 of 11 GFPDC Initials: 7. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant. Consultant's covenant under this section shall survive the termination of this Agreement. 8. Termination. This agreement may be terminated at any time by the City with or without cause. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs or expenses paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the event of such termination, City's obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instruction of City. 9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 10. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City. 11. Non - Discrimination and Equal Employment Opportunity. Environmental Services Agreement GFPDC Project No. Page 8 of 11 GFPDC Initials: A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 12. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 13. Performance Evaluation. For any Agreement in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 14. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out -of -state corporation or LLC, it must be qualified or registered to do business in the state of California pursuant to sections 2105 and 17451 of California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section. 15. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder. Environmental Services Agreement GFPDC Project No. Page 9 of 11 GFPDC Initials: 16. Non - Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 17. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this section. 19. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 21. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect. 22. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the appropriate officer of the City as set forth in subsection 6 -3.1 et seq. of the Lynwood Municipal Code and attested by the City Clerk. 23. Authority. Environmental Services Agreement GFPDC Project No. Page 10 of 11 GFPDC Initials: The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. Environmental Services Agreement GFPDC Project No. Page 11 of 11 GFPDC Initials: INVOICE Project: 055109 Cox Castle & Nicholson, LLP Attn: Preston Brooks 28th Floor 2049 Century Park East Los Angeles, CA 90067 GANNETT FLEMING, INC. IRVINE, CA OFFICE Send check payments to: P.O.BOX 67100 Gannett Fleming Companies HARRISBURG, PA 17106 -7100 P.O. Box 829160 (717 763 Philadelphia, PA 19182 -9160 Federal E.I.N. 251613591 Iui Date: November 8, 2013 Send ACHIEFT payments to: ABA: 031312738 Acct No: 5003165655 Acct Name: Gannett Fleming Companies Invoice: 055109 *9132 For Professional Services Rendered through: November 1, 2013 Project Manager: Michael J. Crews Ross Litigation Current Previously Total Invoice Invoiced Invoiced 1.00 — Discovery Support 0.00 7,048.16 7,048.16 2.00 — Settlement Discussions 58,052.69 0.00 58,052.69 Total Charges $58,052.69 $7,048.16 $65,100.85 Total Due This Invoice .................... $58,052.69 GANNETT FLEMING, INC. Project: 055109 Cox Castle & Nicholson, LLP Invoice Date: November 8, 2013 Invoice No: 055109'9132 2.00 -- SETTLEMENT DISCUSSIONS Labor Costs Employee Name Hours Rate Amount Arul Ayyaswami 52.00 81.00 4,212.00 Brenden M. Taylor 28.00 29.90 837.20 Carl W. Lenker 89.00 47.50 4,227.50 Cherie A. Eulogio 0.50 25.10 12.55 Daniel V. Keady 9.00 12.50 112.50 Eric J. St. Michel 44.00 25.00 1,100.00 Harmony B Kunz 2.00 24.00 48.00 Joseph L. Marcos 19.50 28.50 555.75 Leo M. Rebele 74.00 68.10 5,039.40 Marjorie M. Campagnino 16.50 22.50 371.25 Michael J. Crews 37.00 50.80 1,879.60 Ryan T. Kelleher 21.00 28.90 606.90 William R. Ikemoto 10.00 30.50 305.00 Total Direct Salaries 402.50 $ 19,307.65 2.0000 X Direct Salary 38.615.30 Total Labor Costs $ 57,922.95 Expenses Postage /Federal Express 12.22 Total Expenses $ 12.22 Unit C osts Personal Vehicle Usage 208.00 ML @ 0.565 117.52 Total Unit Costs $ 117.52 Total Sequence 2.00 -- SETTLEMENT DISCUSSIONS $ 58,052.69 Page 2 of 2 GANNETT FLEMING, INC. Project: 055109 Cox Castle & Nicholson. LLP Invoice Date: November 8, 2013 Invoice No: 055109000 Phase : 200 - Settlement Discussions Multiplier Labor Class /Employee Name Date Hours Cost Multiplier Amount Marjorie M. Campagnino 0711512013 6.00 22.50 3.00 405.00 Project Support 07/1612013 4.00 22.50 3.00 270.00 Project Support 0711712013 2.00 22.50 3.00 135.00 Project Support 07118/2013 4.50 22.50 3.00 303.75 Project Support Subtotal: 16.50 1,113.75 Arul Ayyaswami 07108/2013 1.00 81.00 3.00 243.00 07/0912013 2.00 81.00 3.00 486.00 07/1012013 3.00 81.00 3.00 729.00 07/1112013 4.00 81.00 3.00 972.00 07/1512013 8.00 81.00 3.00 1,944.00 Preparation of strategy and cost for the Ross Group 07116/2013 8.00 81.00 3.00 1,944.00 Preparation of strategy and cost for the Ross Group 07/17/2013 8.00 81.00 3.00 1,944.00 Preparation of strategy and cost for the Ross Group 07/22/2013 2.00 81.00 3.00 486.00 Report Review 07/23/2013 2.00 81.00 3.00 486.00 Report Review 07124/2013 2.00 81.00 3.00 486.00 Conference call with Leo Rebele, Keith Walker and Preston Brooks 07125/2013 1.00 81.00 3.00 243.00 07/30/2013 1.00 81.00 3.00 243.00 Review Report 0810112013 2.00 81.00 3.00 486.00 Review Report 10/09/2013 2.00 81.00 3.00 486.00 Review and preparation of the revision of remediation costs 10/11/2013 4.00 81.00 3.00 972.00 coordination with Leo Rebels regarding the Ross cost estimate 1011412013 2.00 81.00 3.00 486.00 coordination with Leo Rebels regarding the Ron cost estimate Subtotal: ____._ --- 52.00 ..................... 12,636.00 Leo M. Rebate 071162013 3.00 68.10 3.00 612.90 07/17/2013 1.00 68.10 3.00 204.30 review attorney request and internal discussions 07/18/2013 3.00 68.10 3.00 612.90 cost estimate report prep 071192013 1.00 68.10 3.00 204.30 review and finalize cost estimate report 07242013 3.50 68.10 3.00 715.05 07/25/2013 2.50 68.10 3.00 510.75 071302013 2.00 68.10 3.00 408.60 07/31/2013 2.00 68.10 3.00 408.60 0810112013 4.00 68.10 3.00 817.20 Page 2 of 8 GANNETT FLEMING, INC. Hours Project: 055109 Cox Castle 8 Nicholson. LLP Phase : 200 - Settlement Discussions Multiplier Labor Leo M. Rebele 0810212013 settlement meeting 3.00 68.10 09/16/2013 Prep call with Preston and Kevin Daehnke 3.00 68.10 09/17/2013 meeting with DTSC and Lynwood RE cleanup approach and path forwa 3.00 09/18/2013 3.00 09/25/2013 3.00 09/26/2013 3.00 10/01/2013 3.00 10/02/2013 3.00 10/03/2013 3.00 10/07/2013 3.00 10/08/2013 scepoena 68.10 3.00 10/09/2013 cost estimates w. Carl and Aml 68.10 3.00 10/10/2013 cost estimates w. Cad 8 Awl 68.10 3.00 10/11/2013 file review /RWDCB 10/14/2013 review RWDCB does 10/15/2013 review RWOCB dots 10/16/2013 10/17/2013 10/18/2013 cost memo 10/21/2013 deposition summons review 10/31/2013 Subtotal: Brendan M. Taylor 0711012013 RFP 07/11/2013 Discussions with PM 07/12/2013 RFP Review Documents with PM Lynwood Ross documents Lynwood Ross documents Lynwood Cost Estimates Cost Estimate Cost Estimate Air sparge system 8.00 1.00 5.00 rd 1.00 1.50 1.00 1.50 3.00 0.50 2.50 1.00 4.00 2.50 3.50 3.50 4.00 3.00 2.50 1.50 1.00 0.50 74.00 3.50 1.00 3.50 Invoice Date: November 8, 2013 Invoice No 055109'000 Cost Multiplier 68.10 3.00 68.10 3.00 68.10 3.00 68.10 3.00 68.10 3.00 68.10 3.00 68.10 3.00 68.10 3.00 68.10 3.00 68.10 3.00 68.10 3.00 68.10 3.00 68.10 3.00 68.10 3.00 68.10 3.00 68.10 3.00 68.10 3.00 68.10 3.00 68.10 3.00 68.10 3.00 68.10 3.00 29.90 3.00 29.90 3.00 29.90 3.00 Amount 1,634.40 204.30 1,021.50 204.30 306.45 204.30 306.45 612.90 102.15 510.75 204.30 817.20 510.75 715.05 715.05 817.20 612.90 510.75 306.45 204.30 102.15 ------------ 313.95 89.70 313.95 07115/2013 3.50 29.90 3.00 313.95 0711612013 2.00 29.90 3.00 179.40 07/17/2013 2.50 29.90 3.00 224.25 07/2412013 4.50 29.90 3.00 403.65 0712512013 1.00 29.90 3.00 89.70 Page 3 of 8 GANNETT FLEMING, INC. Invoice Date: November 8, 2013 Invoice No: 055109'000 Project: 055109 Cox Castle & Nicholson. LLP Phase: 200 - Settlement Discussions Multiplier Labor Class/ Employee Name Date Hours Cost Multiplier Amount Brenden M. Taylor 07/2612013 3.00 29.90 3.00 269.10 Cost Estimate Air sparge system 0713012013 3.00 29.90 3.00 269.10 Assisted PM with cost estimates 0713112013 0.50 29.90 3.00 44.85 Assisted PM with cost estimates .......... Subtotal: 28.00 ..................... 2,511.60 Michael J. Crews 06/17/2013 0.50 50.80 3.00 76.20 3rd Party Defendant discussion with CCN regarding information needed 06/18/2013 1.50 50.80 3.00 228.60 Discussion with CCN and project team and providing information and documents requested 06/19/2013 1.00 50.80 3.00 152.40 Discussions with CCN and project team regarding information related to settlement discussions 07/01/2013 0.50 50.80 3.00 76.20 Discussions with CCN 07/0912013 2.00 50.80 3.00 304.80 Conference cells with CCN: request for production (RFP) documentation; project team discussions 07/11/2013 1.00 50.80 3.00 152.40 RFP documentation 07/12/2013 1.00 50.80 100 152.40 Production, discussion and review of RFP documents 07/15/2013 1.00 50.80 3.00 152.40 Ross litigation cost estimates for closure 0711712013 1.00 50.80 3.00 152.40 Litigation support 07/1812013 0.50 50.80 3.00 76.20 Litigation support - closure costs and data analysis 0712212013 1.00 50.80 3.00 152.40 Request for production 07/23/2013 1.00 50.80 3.00 152.40 Document review and analysis discussion 07/24/2013 1.50 50.80 3.00 228.60 Litigation support, data review, E2C report review and discussion, and conference call with CCN 0712912013 1.00 50.80 3.00 152.40 E2C response comments, data and quote review, project team discussions 07/3012013 1.00 50.80 3.00 152.40 E2C document response and team discussion 07/31/2013 0.50 50.80 3.00 76.20 Project team discussion: data and document preparation for settlement conference 0810112013 2.50 50.80 3.00 381.00 Project team discussion; conference call with CCN and GF to discuss settlement conference and E2C proposal comments; data and document preparation for settlement conference 08102/2013 9.00 50.80 3.00 1,371.60 Settlement Conference (City of Lynwood v. Barry Ross at al.), including travel to and from meeting 09/11/2013 5.00 50.80 3.00 762.00 Litigation support - CCN requests and inquiries. - 0911212013 2.50 50.80 3.00 381.00 Litigation support - CCN requests and Inquiries. 09/19/2013 0.50 50.80 3.00 76.20 10/09/2013 1.50 50.80 3.00 228.60 Page 4 of 8 GANNETT FLEMING, INC. Invoice Date: November 8, 2013 Invoice No: 055109`000 Project: 055109 Cox Castle & Nicholson. LLP Phase : 200 - Settlement Discussions Multiplier Labor Class /Employee Name D ate Hours Cost Mult Am CCN requested information pertaining to parcels and product recovery on Ross properties. Subtotal: .......... 37.00 _____________________ 5,638.80 Carl W. Lenker 07/1912013 2.00 47.50 3.00 285.00 prepare/edit remediation cost astimateAetter 07/22/2013 3.00 47.50 3.00 427.50 Review /respond to E2C Remediation Proposal 07/23/2013 3.00 47.50 3.00 427.50 Review /respond to E2C Remediation Proposal 07/2412013 4.00 47.50 3.00 570.00 Review /respond to E2C Remediation Proposal - 0712612013 6.00 47.50 3.00 855.00 Review /respond to E2C Remediation Proposal 07129/2013 6.00 47.50 3.00 855.00 prepare response to E2C proposal prepare remediation drawings 07/3012013 4.00 47.50 3.00 570.00 prepare response to E2C proposal prepare remediation drawings 07/31/2013 6.00 47.50 3.00 855.00 Response to E2C Proposal /Cost Estimate 08/01/2013 6.00 47.50 3.00 855.00 Preparations for Settlement Meeting 08102/2013 8.00 47.50 3.00 1,140.00 Settlement Meeting at CCN Office 09/18/2013 2.00 47.50 3.00 285.00 Preparations for mediation 09119/2013 8.00 47.50 3.00 1,140.00 mediation event 09/2312013 3.00 47.50 3.00 427.50 conference call, discovery responses 0912412013 2.00 47.50 3.00 285.00 discovery responses 09/26/2013 1.00 47.50 3.00 142.50 discussions with Keith/Preston ' 10/0912013 6.00 47.50 3.00 855.00 Preparation of revised remediation cost estimate and memo 10/1012013 4.00 47.50 3.00 570.00 Preparation of revised remediation cost estimate and memo 10/1112013 6.00 47.50 3.00 855.00 Cost estimate revisions Review document list for response to mediation interrogatory 10/14/2013 4.00 47.50 3.00 570.00 Cost estimate revisions 10/1512013 3.00 47.50 3.00 427.50 Cost estimate revisions 10/23/2013 2.00 47.50 3.00 285.00 discussion re: Ross awned properties , Subtotal: ---------- 89.00 ..................... 12,682.50 Joseph L. Marcos 0712412013 3.50 28.50 3.00 299.25 Assisted with cost estimates. 07/2912013 4.00 28.50 3.00 342.00 Page 5 of 8 GANNETT FLEMING, INC. Invoice Date: November 8, 2013 Invoice No: 055109000 Project: 055109 Cox Castle 8 Nicholson. LLP Phase : 200 - Settlement Discussions Multiplier Labor Class/ Employee Name D ate Hours Cost Multiplier Amount Assisted with litigation tasks including preparation of figures and getting cost estimates of E2C's proposed remediation plan. 07/3112013 4.00 28.50 3.00 342.00 Assisted with litigation tasks. 0810112013 3.00 28.50 3.00 256.50 Assisted with litigation tasks including preparation of figures and getting cost estimates of E2C's proposed remediation plan. 0811412013 2.50 28.50 3.00 213.75 Assisted with gathering product recycling information.. 08/27/2013 2.00 28.50 3.00 171.00 Assisted with fuel recycling activities. 08/28/2013 0.50 28.50 3.00 42.75 Assisted with fuel recycling activities. Subtotal: .......... 19.50 ..................... 1,667.25 William R. Ikemoto 07126/2013 5.00 30.50 3.00 457.50 prepared figures 07/2912013 4.00 30.50 3.00 366.00 PREPARED FIGURESS 07/3112013 1.00 30.50 3.00 91.50 Subtotal: ---------- 10.00 .................... 915.00 Ryan T. Kelleher 0712312013 1.00 28.90 3.00 86.70 Cost estimation 0712412013 4.00 28.90 3.00 346.80 Cost estimation 07/25/2013 4.00 28.90 3.00 346.80 Cost estimation 07/26/2013 1.50 28.90 3.00 130.05 Cost estimation 07130/2013 2.50 28.90 3.00 216.75 Proposal costs 07/3112013 8.00 28.90 3.00 693.60 Proposal costs. Subtotal: .._.__ --- 21.00 ..................... 1,820.70 Daniel V. Keady 07130/2013 3.00 12.50 3.00 112.50 Assisted PM with estimate preparation 07/31/2013 6.00 12.50 3.00 225.00 Assisted PM with estimate preparation. Subtotal: _.__.__ .. 9.00 _____________________ 337.50 Eric J. St. Michel 07/19/2013 1.00 25.00 3.00 75.00 Assisting Leo with Binder for settlement 07/22/2013 1.50 25.00 3.00 112.50 Discussion with Leo and preparation of binder for settlement 07123/2013 0.50 25.00 3.00 37.50 Meeting with Ryan regarding cost estimates for tomorrow 07124/2013 8.00 25.00 3.00 600.00 Assking with project cost estimates .07/25/2013 7.00 25.00 3.00 525.00 Assisting with project estimates 07/2612013 6.00 25.00 100 450.00 Assisting with project estimates Page 6 of 8 GANNETT FLEMING, INC. Project: 055109 Cox Castle & Nicholson. LLP Invoice Date: November 8, 2013 Invoice No 055109'000 Phase : 200 - Settlement Discussions Date Units Rate Amount eExpense Personal Vehicle Usage Multiplier Labor Leo M. Rebels :R001967Z 0810212013 108.00 0.57 Class/ Employee Name Date Hours Cost Multiplier Amount Eric J. St. Michel 07/2612013 2.00 25.00 3.00 150.00 Creating Binder for settlement Unit Pricing 117.52 07/29/2013 6.00 25.00 3.00 450.00 Ross litigation settlement 07/31/2013 6.00 25.00 3.00 450.00 Ross Litigation cost estimates 08/01/2013 6.00 25.00 3.00 450.00 Ross Litigation Binder .......... Subtotal: 44.00 _____________________ 3,300.00 Cherie A. Eulogio 0710912013 0.50 25.10 3.00 37.65 Project Coordination Harmony B Kunz 09/27/2013 0.50 24.00 3.00 36.00 09/28/2013 0.50 24.00 3.00 36.00 09/3012013 1.00 24.00 3.00 72.00 .......... Subtotal: 2.00 ..................... 144.00 Total: 402.50 57,922.95 Multiplier Labor 57,922.95 Regular Expenses Vendor Name Doc Nbr Date Cost Multiplier Amount Postage, Freight 8 Courier Service Harmony B Kunz _R00197211 09/28/2013 6.11 1.00 6.11 Postage to send Objection to Subpoena letter via Certified MaillReturn Receipt Requested R00197211 09/30/2013 6.11 1.00 6.11 Postage to send Proof of Service for Objection to Subpoena letter via Certified Mail/Retum Receipt Requested ............... 12.22 ..................... 12.22 Unit Pricing Expenses Vendor / Employee Name Doc Nbr Date Units Rate Amount eExpense Personal Vehicle Usage Leo M. Rebels :R001967Z 0810212013 108.00 0.57 61.02 Miles to and from Office and Century City Carl W. Lenker _R00195691 08/02/2013 100.00 0.57 56.50 Travel from Orange, CA to Century City and beck for settlement meeting with Cox, Castle, a Nlcholson and responsible parties. Unit Pricing 117.52 Page 7 of 8 EMPLOYEE ELECTRONIC EXPENSE REPORT 9 Gannett Fleming ColOrg: 010/090507 Acct Month: 2013/10 Exp RPt NO: ER00197216 Emp No: 15767 Emp Name: Harmony B Kunz From Date: 9/11/2013 Thru Data: 10/11/2013 Description: 2013 Sept Exp Report Trans Data ratwoDt Cat Description SA. prolect Phase Tam On Rp[g ypgt Amoun Reimburse ruff Rct- Amt 91262013 PRJPOST Project - Postage 010 055109 200 "" 090507 $6.11 $6.11 US 3 Exp Description: Postage to send Objection to Subpoena letter via Certified Mail /Ratum Receipt Requested 9/302013 PRJPOST Project- Postage 010 055109 200 "" 090507 $6.11 $6.11 US 4 Exp Description: Postage to send Proof of Service for Objection to Subpoena letter via Carted Mail /Return Receipt Requested Total: $12.22 HARVEST STATION POSTAL STORE IRVINE, California 926239998 0559390251 -0097 09/28/2013 (949)474 -0292 11:11:13 AM Sales Receipt Product Sale Unit Final Description Oty Price Price WOODLAND HILLS CA 91367 Zone -1 $0.46 First -Class Nail Letter 0.50 oz. Scheduled Delivery Day: Non 09/30/13 Return Rcpt (Green Card) $2.55 @@ Certified $3.10 Label #: 70123460000305216499 Issue PV1: we $67�/ Total: $6.11 Paid by: Debit Card $6.11 Account #: XXXXXXXXX9XX0461 Approval #: 011110 Transaction #: 849 23 903500452 Receipt #: 000917 @@ For tracking or inquiries go to USPS.com or call 1 -800- 222 -1811. wwwwFwwwwwwFRwFwwawwwwwwwwwwww wwwwwwwwFw wwwwwFwwww4wFwwwwwwwwwwwwwwwFwwwFwwwRw BRIGHTEN SOMEONE'S MAILBOX. Greeting cards available for purchase at select Pcs: Offices. wwwwwwwwwwwwRwwwwwwwwww Fw ww w.ww«wwwx xwww wwwwwwwwwwwwFFwwwwwYwwww wwwRwwwwwwww wwwi c• c )�, C QAV-V t�,ecl e Le: & ' 1 -54ed IRVINE MAIN OFFICE APC 15642 SAND CANYON AVE IRVINE, CA 92619 -9998 09/ 30/ 2013 = = = == = = == 04_10_12 PM _ __ Sales Receipt Product Sale Unit Final Description City Price Price WOODLAND HILLS, CA 91367 $.46 Zone -1 First -Class Mail® Letter 0 lb. 0.80 oz. Scheduled Delivery Day Wednesday, October 2. Certified Mail" $3.10 Return Receipt (U.S. Mail) $2.55 %% Label #: See Attached Form Issue Postage: $6 11 Total: $6.11 I Paid by: DebitCard $6.11 Account #: XXXXXXXXXXXX0461 Approval #: 016100 Transaction #: 072 23- 902501345 -99 Receipt #: 004137 SSK Transaction #: 115 USPSW # 053710 -9553 %% To check on the delivery status of this article, visit our Track & Confirm website at USPS.com, use this self - service kiosk (or r any self - service kiosk at other Postal locations) or call 1- 800- 222 -1811. Please retain all receipts from affixed forms. For inquiries, both the sales receipt and the customer copy from the affixed form shall be required. Thanks. It's a pleasure to serve you. ALL SALES FINAL ON STAMPS AND POSTAGE. REFUNDS FOR GUARANTEED SERVICES ONLY. EMPLOYEE ELECTRONIC EXPENSE REPORT Gannett Fleming ColOrg: 0101090507 Acct Month: 2013/09 Exp Rpt N0: ER00196727 Emp No: 10276 Emp Name: Leo M. Rebele From Date: 8/2/2013 Thru Date: 8/27/2013 Description: August 2013 Misc Expenses Trans Date Categom Cat Description CQ, Protect Phase Taek 019 Rate UnRa Amour Reimburse run: RQL 8/2/2013 PRJPERSVEH Project. Pre 010 055109 200 "" Vehicle Mileage Exp Description: Mlles to and from Office and Century City 090507 0.565 108.00 $61.02 $61.02 US NR EMPLOYEE ELECTRONIC EXPENSE REPORT lol Gannett Fleming ColOrg: 010/090507 Acct Month: 2013/08 EXp RO No: ER00195698 Emp No: 14725 Emp Name: Cad W. Lenker From Date: 8/1/2013 Thm Date: 8/2/2013 Description: Roan Litigation Trawl Trans Date Cateno" Cat Description f,% Proleet Phase Tesk gig RAW Units Amount Reimburse r&I1 ROL Amt 8/212013 PRJPERSVEH Project- Prs 010 055109 200 "" 090507 0.565 100.00 $56.50 $56.50 US NR Vehicle Mileage Exp Description: Trawl fmm Orange, CA to Century City and back for settlement meeting with Cox, Castle, & Nicholson and responsible parties. Total: $56.50 Gannett Fleming Excellence Delivered As Promised July 25, 2013 Mr. Bruno Naulls City of Lynwood 11300 Bullis Road Lynwood, California 90640 Dear Mr. Naulls: RE: SPECIALTY OUT -OF -SCOPE SERVICES IN RELATION TO ALAMEDA TRIANGLE PROJECT AREA Gannett Fleming completed out -of -scope services in connection with completing the Remedial Action Plan for Alameda Triangle, as originally contracted. In April 2012, the City, at Gannett Fleming's recommendation, agreed to "merge" the State /Imperial Project Area with that of the Alameda Triangle project area, for the purposes of preparing single documents for the combined areas in order to save money. These documents include the Remedial Investigation, Feasibility Study and Remedial Action Plan. By combining the project areas for the purposes of the hazardous materials studies, the City would essentially save over $50,000 in consulting and regulatory agency oversight costs. The incremental additional cost incurred by Gannett Fleming for including the State /Imperial Project Area is $ 8,500. We would like to request a budget supplement in the above amount to cover the additional effort expended on this project. Please note that the cost expended are potentially recoverable response costs under the Comprehensive Environmental Response, Cleanup and Liability Act (CERCLA). Very truly yours, GANNETT FLEMING, INC. Leo M. Rebele, REA Environmental Services Manager INVOICE Project: 050885.04 City of Lynwood Attn: Sarah Withers 11330 Bullis Road Lynwood, CA 90262 Date: June KIT191 GANNETT FLEMING, INC. IRVINE, CA OFFICE Send check payments to: P.O.BOX 67100 Send ACHIEFT payments to: Gannett Fleming Companies HARRISBURG; PA 17106 -7100 ABA: 031312738 P.O. Box 829160 .(717) 763 -7211 Acct No: 5003165655 Philadelphia, PA 19162.9180 Acct Name: Gannett Fleming Companies Federal E.I.N. 251613591 29 Invoice: Draft For Professional Services Rendered through: May 31, 2013 Project Manager: Michael J. Crews PO # 11- 000257: Amendment 1 dated November 20, 2012 ($40,000); Start Date 1/1/12; End Date 6/31113 Current Previously Total Contract Invoice Invoiced Invoiced Budget 1.00 — 004 - Professional Services 48,814.03 0.00 48,814.03 40,000.00 Total Charges $48,814.03 $0.00 $48,814.03 $40,000.00 Exceeds Maximum Fee of $40,000.00 - 8,814.03 Total Billable 40,000.00 Total Due This Invoice .................... $40,000.00 Budget Remaining - 8,814.03 $48,1114.03 GANNETT FLEMING, INC. Project: 050885.04 City of Lynwood Invoice Date: June 13, 2013 Invoice No Draft 1.00 -- 004 - PROFESSIONAL SERVICES Labor Costs Employee Name Hours Rate Amount Awl Ayyaswami 40.00 158.00 6,320.00 Brendan M. Taylor 2.00 74.75 149.50 Carl W. Lenker 1.00 114.75 114.75 Cad W. Lenker 11.00 118.75 1,306.25 Cherie A. Eulogio 3.50 60.25 210.88 Cherie A. Eulogio 1.00 62.75 62.75 Claire E. Marcussen 28.00 127.50 3,570.00 Daniel V. Keady 8.50 31.25 265.63 Eric J. St. Michel 2.00 31.25 62.50 Eric J. St. Michel 22.50 62.50 1,406.25 Joseph J. Lovewell 8.50 62.50 531.25 Joseph J. Lovewell 28.50 68.75 1,959.38 Joseph L. Marcos 40.00 67.50 2,700.00 Joseph L. Marcos 57.00 71.25 4,061.25 Leo M. Rebele 13.00 163.75 2,128.75 Leo M. Rebele 6.50 170.25 1,106.63 Marjorie M. Campagnino 21.00 53.75 1,128.75 Marjorie M. Campagnino 2.00 56.25 112.50 Michael J. Crews 7.50 119.50 896.25 Michael J. Crews 17.00 127.00 2,159.00 Ryan T. Kelleher 78.50 68.50 5.377.25 Ryan T. Kelleher 110.50 72.25 7,983.63 William R. Ikemoto 106.00 45.00 4,770.00 Total Direct Salaries 615.50 $ 48,383.15 Total Labor Costs $ 48,383.15 Expenses Laboratory Analysis 420.00 Postage /Federal Express 10,90 Total Expenses $ 430.90 Total Sequence 1.00 -- 004 - PROFESSIONAL SERVICES $ 48,814.05 Page 2 of 2 NAT19061A Project: 050885.04 City of Lynwood Attn: Sarah Withers 11330 Bullis Road Lynwood, CA 90262 GANNETT FLEMING, INC. Send check payments to: Gannett Fleming Companies P.O. Box 829160 Philadelphia, PA 19182.9160 Federal E.I.N. 251613591 P.O.BOX 67100 HARRISBURG, PA 17106 -7100 (717) 763 -7211 Date: June 13. 2013 Send ACHIEFT payments to: ABA: 031312738 Acct No: 5003165655 Acct Name: Gannett Fleming Companies Invoice: 050885.04'000 For Professional Services Rendered through: May 31, 2013 PO # 11- 000257: Amendment 1 dated November 20, 2012 ($40,000); Stan Date 1/1/12; End Date 6/31/13 Salaries Multiplier Labor 48,383.34 Total Salaries 48,383.34 Expenses Regular Expenses 430.90 Total Expenses 430.90 Total Due This Invoice ........... $48,814.24 Project Manager: Michael J. Crews GANNETT FLEMING, INC. Project: 050885.04 City of Lynwood Invoice Date: June 13, 2013 Invoice No: 050885.04'000 Phase : 004 -- RI/FS (Edvins) Multiplier Labor Class /Employee Name Default Marjorie M. Campagnino report preparation report preparation report preparation report preparation Report preparation Report preparation Marjorie M. Campagnino report preparation Arul Ayyaswami Claire E. Marcussen 10/24/2012 12/05/2012 12/10/2012 12/12/2012 12/18/2012 12/19/2012 01/09/2013 10/17/2012 10/18/2012 10/3012012 10/31/2012 11101/2012 11/02/2012 11/29/2012 12/10/2012 12/11/2012 12/1212012 1 2/1 31201 2 12/14/2012 12/18/2012 12120/2012 12128/2012 01/07/2013 01/08/2013 01/11/2013 01/12/2013 01/13/2013 01/14/2013 01/20/2013 Leo M. Rebels 06/12/2012 project review with City and Magnetek (002 -004) 06114/2012 project review and scheduling to continue RIIFS (002 -004) 06/20/2012 (002 -004) 06/26/2012 (002 -004) 07/10/2012 Hours Cost Multiplier Amount 2.00 21.50 2.50 107.50 3.00 21.50 2.50 161.25 3.00 21.50 2.50 161.25 5.00 21.50 2.50 268.75 4.00 21.50 2.50 215.00 4.00 21.50 2.50 215.00 21.00 1,128.75 2.00 22.50 2.50 112.50 2.00 63.20 2.50 316.00 2.00 63.20 2.50 316.00 1.00 63.20 2.50 158.00 1.00 63.20 2.50 158.00 1.00 63.20 2.50 158.00 2.00 63.20 2.50 316.00 2.00 63.20 2.50 316.00 2.00 63.20 2.50 316.00 4.00 63.20 2.50 632.00 4.00 63.20 2.50 632.00 4.00 63.20 2.50 632.00 4.00 63.20 2.50 632.00 2.00 63.20 2.50 316.00 1.00 63.20 2.50 158.00 3.00 63.20 2.50 474.00 2.00 63.20 2.50 316.00 2.00 63.20 2.50 316.00 1.00 63.20 2.50 15 8.00 40.00 6,320.00 8.00 51.00 2.50 1,020.00 8.00 51.00 2.50 1,020.00 4.00 51.00 2.50 510.00 8.00 51.00 2.50 1,020.00 28.00 3,570.00 2.50 65.50 2.50 409.38 1.50 65.50 2.50 245.63 1.00 65.50 2.50 163.75 2.00 65.50 2.50 327.50 0.50 65.50 2.50 81.88 Page 2 of 10 GANNETT FLEMING, INC. Project: 050885.04 City of Lynwood Invoice Date: June 13, 2013 Invoice No: 050885.04'000 Phase: 004 -- RI/FS (Edvi ns) Multiplier Labor Class /Employee Name Date Hours Cost Multiplier Amount Default project management (002 -004) 07/11/2012 1.00 65.50 2.50 163.75 project management (002 -004) 12/07/2012 0.50 65.50 2.50 81.88 12112/2012 1.00 65.50 2.50 163.75 12/1712012 0.50 65.50 2.50 81.88 - 12/27/2012 2.50 65.50 2.50 409.38 reviewdraN RI Report 13.00 2,128.78 Leo M. Rebele 01/03/2013 1.00 68.10 2.50 170.25 TOC review and comments 01/04/2013 1.00 68.10 2.50 170.25 internal discussions RE report prep details 01/1012013 1.50 68.10 2.50 255.38 01/11/2013 1.00 68.10 2.50 170.25 01/23/2013 1.00 68.10 2.50 170.25 01/24/2013 1.00 68.10 2.50 170.25 6.50 1,106.63 Brendan M. Taylor 0110712013 2.00 29.90 2.50 149.50 Cross section (002 -004) Michael J. Crews 03/26/2012 0.50 47.80 2.50 59.75 Discussion of Risk Assessment for project area with Claire and Leo (002 -004) 10/10/2012 1.00 47.80 2.50 119.50 Discussion with Awl 10/1212012 1.00 47.80 2.50 119.50 10/1512012 1.00 47.80 2.50 119.50 10116/2012 1.00 47.80 2.50 119.50 Conference call and discussion with Awl; data and document assessment. 10/18/2012 1.00 47.80 2.50 119.50 Conference call and discussion with Awl 10/19/2012 1.00 47.80 2.50 119.50 12/17/2012 1.00 47.80 2.50 119.50 discussion with Awl and project team 7.50 896.25 Michael J. Crews 01/04/2013 1.00 50.80 2.50 127.00 01/09/2013 0.50 50.80 2.50 63.50 01117/2013 1.00 50.80 2.50 127.00 01/24/2013 1.50 50.80 2.50 190.50 Document review and discussion with Leo 01/25/2013 3.00 50.80 2.50 381.00 01/28/2013 2.00 50.80 2.50 254.00 01/30/2013 0.50 50.80 2.50 63.50 02/0412013 1.00 50.80 2.50 127.00 02105/2013 1.00 50.80 2.50 127.00 02/06/2013 5.00 50.80 2.50 635.00 02/13/2013 0.50 50.80 2.50 63.50 17.00 2,159.00 Joseph J. Lovewell 05/03/2012 0.50 25.00 2.50 31.25 Page 3 of 10 GANNETT FLEMING, INC. Project: 050885.04 City of Lynwood Invoice Date: June 13, 2013 Invoice No: 050885.04`000 Phase : 004 -- RI /FS (Edvins) 25.00 Multiplier Labor 250.00 Class/ Employee Name Date Default 125.00 closing out project limited site investigation field work (002 -004) 25.00 10/19/2012 working on tables for RI /FS 0.50 25.00 10/23/2012 revising tables for RVFS 0.50 25.00 12/06/2012 reviewing RI/FS strategy with Ryan 8.50 12/17/2012 assisting in Alameda Triangle RI 4.00 27.50 12/19/2012 assisting in Alameda Triangle RI 6.50 Joseph J. Lovewell 01/02/2013 revising tables for RIIFS 6.50 27.50 01/03/2013 revising tables and figures for RI/FS 6.00 27.50 01/04/2013 QA/QC -ing table revisions and working on HHRA table 27.50 01/07/2013 working on RVFS report 0.50 27.50 01/08/2013 working on RI /FS report 28.50 01109/2013 working on RI/FS report 1.00 Carl W. Lenker 12111/2012 RVFS discussions 0.50 Carl W. Lenker 01/07/2013 Alameda Triangle - RIIFS Discussions 1.00 47.50 01/08/2013 Alameda Triangle - RI /FS Discussions 1.00 47.50 01/11/2013 RI/FS discussions 2.00 47.50 01/16/2013 FS review /discussion /coordination 1.00 47.50 01/17/2013 FS review /discussion /coordination 1.00 47.50 01/18/2013 FS review /discussion/coordination 1.00 47.50 01/21/2013 FS review /discussiontcoordinalion 1.00 47.50 01/22/2013 FS review /discussioNwordination 1.50 47.50 02104/2013 feasibility study discussions 1.00 47.50 02108/2013 feasibility study discussions 11.00 Joseph L. Marcos 12/11/2012 Hours Cost Multiplier Amount 4.00 25.00 2.50 250.00 2.00 25.00 2.50 125.00 1.00 25.00 2.50 62.50 0.50 25.00 2.50 31.25 0.50 25.00 2.50 31.25 8.50 531.25 4.00 27.50 2.50 275.00 6.50 27.50 2.50 446.88 6.50 27.50 2.50 446.88 6.00 27.50 2.50 412.50 5.00 27.50 2.50 343.75 0.50 27.50 2.50 34.38 28.50 1,959.39 1.00 45.90 2.50 114.75 0.50 47.50 2.50 59.38 1.00 47.50 2.50 118.75 1.00 47.50 2.50 118.75 2.00 47.50 2.50 237.50 1.00 47.50 2.50 118.75 1.00 47.50 2.50 118.75 1.00 47.50 2.50 118.75 1.00 47.50 2.50 118.75 1.50 47.50 2.50 178.13 1.00 47.50 2.50 118.75 11.00 1,30626 2.50 27.00 2.50 168.75 Page 4 of 10 GANNETT FLEMING, INC. Project: 050885.04 City of Lynwood Invoice Dale: June 13, 2013 Invoice No: 050885.04'000 Phase : 004 -- RUFS (Edvins) Multiplier Labor Class /Employee Name Date Hours Cost Multiplier Amount Default Assisted with feasibility study tasks. 1211312012 5.00 27.00 2.50 337.50 Assisted with feasibility study tasks. 12/14/2012 4.00 27.00 2.50 270.00 Assisted with feasibility study tasks. 1211712012 5.00 27.00 2.50 337.50 Assited with feasibility study tasks. 1211812012 3.50 27.00 2.50 236.25 Assited with feasibility study tasks. 12/2012012 5.00 27.00 2.50 337.50 Assited with feasibility study tasks. 12/21/2012 7.00 27.00 2.50 472.50 Assited with feasibility study tasks. 12126/2012 2.00 27.00 2.50 135.00 Assited with feasibility study tasks. 1212812012 6.00 27.00 2.50 405.00 Assited with feasibility study tasks. 40.00 2,700.00 Joseph L. Marcos 12/31/2012 4.50 28.50 2.50 320.63 Assisted with feasibility study report preparation. 01/04/2013 4.50 28.50 2.50 320.63 Assisted with feasibility study report preparation. 01107/2013 4.50 28.50 2.50 320.63 Assisted with feasibility study report preparation. 01/08/2013 6.50 28.50 2.50 .463.13 Assisted with feasibility study report preparation. 01110/2013 2.00 28.50 2.50 142.50 Assisted with feasibility study report preparation. 01/11/2013 3.50 28.50 2.50 249.38 Assisted with feasibility study report preparation. 01/1412013 3.00 28.50 2.50 213.75 Assisted with FS report preparation. 01/16/2013 3.00 28.50 2.50 213.75 Assisted with FS report preparation. 01/17/2013 4.50 28.50 2.50 320.63 Assisted with FS report preparation. 01118/2013 4.00 28.50 2.50 285.00 Assisted with FS report preparation. 01/22/2013 4.00 28.50 2.50 285.00 Assisted with FS report preparation. 01123/2013 5.00 28.50 2.50 356.25 Assisted with FS report preparation. 01124/2013 2.50 28.50 2.50 178.13 Assisted with FS report preparation. 01/25/2013 3.00 28.50 2.50 213.75 Assisted with FS report preparation. 0112912013 1.50 28.50 2.50 106.88 Assisted with FS preparation. 01/30/2013 1.00 28.50 2.50 71.25 Assisted with FS preparation. Page 5 of 10 GANNETT FLEMING, INC. Project: 050885.04 City of Lynwood Invoice Date: June 13, 2013 Invoice No 050885.04 Phase : 004 - RI /FS (Edvins) Multiplier Labor Class/ Employee Name Date Hours Cost Multiplier Amount Default 57.00 4,061.29 William R. Ikemoto 12/21/2012 1.50 18.00 2.50 67.50 PREPARED FIGURES 12/2612012 6.50 18.00 2.50 292.50 PREPARED FIGURES 12/31/2012 5.50 18.00 2.50 247.50 prepared figures 01/07/2013 8.00 18.00 2.50 360.00 PREPARED FIGURES 01/08/2013 7.00 18.00 2.50 315.00 PREPARED FIGURES 01/09/2013 5.50 18.00 2.50 247.50 prepared figures 01/10/2013 7.50 18.00 2.50 337.50 prepared figures 01/1112013 7.00 18.00 2.50 315.00 PREPARED FIGURES 01/14/2013 6.00 18.00 2.50 270.00 PREPARED FIGURES 01/25/2013 2.00 18.00 2.50 90.00 preapred figures 01/2812013 1.00 18.00 2.50 45.00 prepared figures 01128/2013 8.00 18.00 2.50 360.00 prepared figures 02104/2013 5.50 18.00 2.50 247.50 PREPARED FIGURES 02/12/2013 2.00 18.00 2.50 90.00 prepared figures 02/13/2013 0.50 18.00 2.50 22.50 PREPARED FIGURES 02/19/2013 3.00 18.00 2.50 135.00 PREPARED FIGURES 02/27/2013 3.00 18.00 2.50 135.00 PREPARED FIGURES 03/01/2013 5.50 18.00 2.50 247.50 prepared figures 03/04/2013 3.00 18.00 2.50 135.00 prepared figures 03/13/2013 0.50 18.00 2.50 22.50 PREPARED FIGURES 03/2612013 4.00 18.00 2.50 180.00 PREPARED FIGURES 03/27/2013 5.50 18.00 2.50 247.50 PREPARED FIGURES 05/08/2013 6.00 18.00 2.50 270.00 PREPARED FIGURES 05108/2013 2.00 18.00 2.50 90.00 PREPARED FIGURES Page 6 of 10 GANNETT FLEMING, INC. Invoice Date: June 13, 2013 Invoice No: 050885.04 "000 Project: 050885.04 City of Lynwood Phase : 004 - RI1FS (Edvins) Multiplier Labor Class / Employee Name Date Hours Cost Multiplier Amount Default 106.00 4,770.00 Ryan T. Kelleher 12106/2012 3.00 27.40 2.50 205.50 Remedial Investigation Report 12111/2012 4.50 27.40 2.50 308.25 Remedial Investigation Report 12/12t2012 6.50 27.40 2.50 445.25 Remedial Investigation Report 12/13/2012 5.00 27.40 2.50 342.50 Remedial Investigation Report 12114/2012 6.50 27.40 2.50 445.25 Remedial Investigation Report 12/17/2012 6.50 27.40 2.50 445.25 RI Report 12118/2012 6.50 27.40 2.50 445.25 Rl report 12/19/2012 7.00 27.40 2.50 479.50 Rl report 12/2012012 7.00 27.40 2.50 479.50 Remedial Investigation Report 12/21/2012 7.00 27.40 2.50 479.50 Remedial Investigation Report 12/26/2012 7.00 27.40 2.50 479.50 Rl report 12/2712012 6.00 27.40 2.50 411.00 RI Report 12/2812012 6.00 27.40 2.50 411.00 RI Report 78.50 5,377.25 Ryan T. Kelleher 12/31/2012 6.50 28.90 2.50 469.63 RI report 01/02/2013 6.50 28.90 2.50 469.63 RI report 01103/2013 6.00 28.90 2.50 433.50 Rl report 01/04/2013 6.50 28.90 2.50 469.63 RI report 01/07/2013 6.50 28.90 2.50 469.63 RI report 01/08/2013 6.50 28.90 2.50 469.63 Rl report 01/09/2013 4.50 28.90 2.50 325.13 RI report 01/1012013 6.50 28.90 2.50 469.63 Rl report 01111/2013 6.50 28.90 2.50 469.63 RI report 01114/2013 6.50 28.90 2.50 469.63 Remedial Investigation 01/15/2013 3.00 28.90 2.50 216.75 Page 7 of 10 GANNETT FLEMING, INC. Invoice Date: June 13, 2013 Invoice No: 050885.04 Project: 050885.04 City of Lynwood Phase : 004 -- RI /FS (Edvins) Multiplier Labor Class/ Employee Name Date Hours Cost Multiplier Amount Default 2.50 397.38 Remedial Investigation 2.50 72.25 28.90 01/1612013 5.50 Remedial Investigation 2.50 108.38 28.90 01/17/2013 1.00 Remedial Investigation 2.50 144.50 28.90 01/18/2013 5.50 Remedial Investigation 2.50 21635 28.90 01/23/2013 1.50 Remedial Investigation 2.50 433.50 28.90 01124/2013 3.00 Remedial Investigation 2.50 144.50 28.90 01/25/2013 2.00 Remedial Investigation 7,983.69 12.50 01/28/2013 5.00 Remedial Investigation 2.50 93.75 12.50 01/29/2013 3.00 Remedial Investigation 265.63 12.50 02/01/2013 1.50 Worked on RI 2.50 125.00 25.00 02/04/2013 6.00 Remedial Investigation 2.50 187.50 25.00 02105/2013 6.00 Remedial Investigation 2.50 62.50 25.00 02/06/2013 2.00 Remedial Investigation 02/0712013 3.00 Remedial Investigation 110.50 Daniel V. Keady 01/03/2013 3.50 Tables for Alameda Triangle and Plaza Mexico. 01/0712013 3.00 Tables for Alameda Triangle and Plaza Mexico. 01/14/2013 2.00 Max EPCs tables. 8.50 Eric J. St. Michel 10/1812012 2.00 Sorting files (002 -004) Eric J. St. Michel 10/22/2012 2.00 Alameda Triangle working on table of all documents (002 -004) 10/2512012 3.00 Working on summarizing each document for spreadsheet (002 -004) 10/26/2012 3.00 Completely finished the excel sheet for mike regarding all documents (002 -004) 01/0312013 4.00 Working on soil data table for plaza mexico/alameda triangle 01/07/2013 1.00 master reference table 0110812013 3.00 Working on General Site Plan Figure 28.90 2.50 397.38 28.90 2.50 72.25 28.90 2.50 397.38 28.90 2.50 108.38 28.90 2.50 216.75 28.90 2.50 144.50 28.90 2.50 361.25 28.90 2.50 21635 28.90 2.50 108.38 28.90 2.50 433.50 28.90 2.50 433.50 28.90 2.50 144.50 28.90 2.50 216.75 7,983.69 12.50 2.50 109.38 12.50 2.50 93.75 12.50 2.50 62.50 265.63 12.50 2.50 - 62.50 25.00 2.50 125.00 25.00 2.50 187.50 25.00 2.50 187.50 25.00 2.50 250.00 25.00 2.50 62.50 25.00 2.50 187.50 Page 8 of 10 GANNETT FLEMING, INC. Project: 050885.04 City of Lynwood Invoice Date: June 13, 2013 Invoice No: 050885.04 Phase : 004 - RI/FS (Edvins) Multiplier Labor Class/ Employee Name Date Hours Cost Multiplier Amount Default Eric J. St. Michel 01/10/2013 3.00 25.00 2.50 187.50 formatting template for Remedial Action Plan 01/1412013 2.00 25.00 2.50 125.00 Formatting RAP Draft report (002 -004) 01115/2013 1.50 25.00 2.50 93.75 Formatting RAP (002 -004) 22.50 1,406.25 Cherie A. Eulogio 10116/2012 0.50 24.10 2.50 30.13 10/17/2012 0.50 24.10 2.50 30.13 11/21/2012 0.50 24.10 2.50 30.13 (051068.307- 050885.004) 11/27/2012 0.50 24.10 2.50 30.13 (051068.307 - 050885.004) 11/2812012 0.50 24.10 2.50 30.13 (051068.307- 050885.004) 11129/2012 0.50 24.10 2.50 30.13 (051068.307 - 050885.004) 11/30/2012 0.50 24.10 2.50 30.13 (051068.307-050885.004) 3.50 210.91 Cherie A. Eulogio 02/26/2013 0.50 25.10 2.50 31.38 Project coodination 0212712013 0.50 25.10 2.50 - 31.38 Project coodination 1. 00 62.76 Total: Default 615.50 48,383.34 Multiplier Labor 48,383.34 Regular Expenses Vendor Name - Doc Nbr Date Cost Multiplier Amount Laboratory Analysis ACCUTEST NORTHERN 1207 07/11/2012 105.00 1.00 105.00 . Accutest - WO invoices under notes (002 -004) CALSCIENCE 1210 10/26/2012 130.00 1.00 130.00 Calscience - WO cost per invoice 1240269 (002 -004) 1303 03/07/2013 185.00 1.00 185.00 Calsdence - cost per invoice 1247665 (002 -004) 315.00 3 15.00 Total: Laboratory Analysis 420.00 Postage, Freight & Courier Service FEDERAL EXPRESS 1301'289 01/09/2013 10.90 1.00 10.90 1301 01109/2013 -10.90 1.00 -10.90 1301 01/1012013 10.90 1.00 1 0.90 10.90 10.90 Regular Expenses 430.90 Page 9 of 10 GANNETT FLEMING, INC. Project: 050885.04 City of Lynwood Total Phase: 004 — Rl /FS (Edvins) Total Project: 050885 — Lynwood /Alameda Triangle Invoice Date: June 13, 2013 Invoice No 050885.04 Labor : 48,383.34 Expense 430.90 48,814.24 Page 10 of 10 +a yaIIf.; u. � o AGEN REP CW¢uas� DATE: April 1, 2014 TO: Honorable Mayor and Members of the City Council APPROVED BY: Sarah Magana Withers, City Manager J PREPARED BY: Deborah L. Jackson, Director of Public Relatio SUBJECT: Lynwood Unified Request to Hang Banners Recommendation: Staff requests that the City Council provide direction on this request. Background: The Lynwood Unified School District offers free Transitional Kindergarten and Kindergarten programs at Lynwood schools. Discussion & Analysis: The School District is requesting that the City hang two banners advertising this program. Fiscal Impact: The fiscal impact would be for staff time which equates to $800 for two banners @ $400 per banner. This cost includes the installation and removal of the banners. Coordinated With: City Attorney's Office Finance Department Public Relations Department ITEM /I _ zr Countdown to, LUSD's Free Transitional Kindergarten 8 Kindergarten Programs are Available at a School Near You 10nd'ergarten-w 310'886'1600 I,4 LYNWOOD UNIFIED lynwood.kl2.ca.us . SCHOOL DISTRICT AGENDA REPORT DATE: April 1, 2014 TO: Honorable Mayor and Members of the City Council APPROVED BY: Sarah Magana Withers, City Manage PREPARED BY: Christy Valencia, Finance Manager AA- Steven Avalos, Administrative Analyst II SUBJECT: Amendment to the Contract with Legislative Advocacy Group Recommendation: Staff recommends that the City Council approve and adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF LYNWOOD AND LEGISLATIVE ADVOCACY GROUP, INC. TO CONTINUE TO PROVIDE PROFESSIONAL ADVOCACY SERVICES FOR THE CITY AT A MONTHLY RETAINER FEE OF $5,000 EFFECTIVE RETROACTIVE TO FEBRUARY 17,2014" Background: On June 18, 2013, the City Council renewed and approved a Consultant Services Agreement with Legislative Advocacy Group (LAG) to provide professional advocacy services on behalf of the City for one additional year. Legislative Advocacy Group (LAG) is the City's contracted advocacy firm, which represents the City at the State, regional, and local levels in order to promote and advance the legislative goals and interests of the City. The current contract with Legislative Advocacy Group is set to expire on June 30, 2014. The City currently pays LAG a monthly retainer fee of $3,000 ($36,000 annually) for their services. tTEM /15 Discussion & Analysis: LAG has been contracting with the City and providing professional lobbying and advocacy services since 2005. Over the years, LAG has demonstrated to be an effective and invaluable lobbyist for the City, highlighted by the City's recent success in securing $10 million in new grant funding for the Burke -Ham Park Community Center and new Lynwood Walking Trail Park. LAG played a vital role in lobbying State officials for these two grant awards. During this year's Agreement term, LAG's major priority for the City is to effectively lobby and advocate for legislation that will allow the City and Successor Agency to utilize $20.3 million of the former LRA's unspent bond proceeds for vital housing and community projects. Another major legislative focus for LAG is to lobby for the State's Water Bond Proposal on the upcoming November Ballot, which will free up millions of dollars for local agencies intended for vital water infrastructure improvements. LAG's current contract expires on June 30, 2014. Staff is requesting to amend the current contract with LAG to continue representing the City in all legislative affairs and provide professional advocacy and lobbying services and increase their monthly retainer fee from $3,000 to $5,000 retroactive to February 17, 2014. Fiscal Impact: The new, amended contract with LAG will impact the General Fund reserves by $10,000 in FY 14. The new contract amount will be fully budgeted as part of the budget adoption process in FY 15. Coordinated With: City Attorney City Manager's Office Attachments: Resolution Amendment to the Consulting Services Agreement K RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF LYNWOOD AND LEGISLATIVE ADVOCACY GROUP, INC. TO CONTINUE TO PROVIDE PROFESSIONAL ADVOCACY SERVICES FOR THE CITY AT A MONTHLY RETAINER FEE OF $5,000 EFFECTIVE RETROACTIVE TO FEBRUARY 17, 2014 WHEREAS, Legislative Advocacy Group (LAG) is the City's contracted lobbyist firm, which represents the City at the State, regional, and local levels in order to promote and advance the legislative goals and interests of the City; and WHEREAS, since 2005, LAG has been providing professional lobbying services to the City on a year -to -year agreement basis and performing specific legislative goals as directed by each year's Agreement; and WHEREAS, on June 18, 2013, the City Council renewed the Agreement with Legislative Advocacy Group (LAG) to continue providing professional advocacy services on behalf of the City for one additional year; and WHEREAS, the City desires to amend the current contract with LAG to provide professional lobbying and advocacy services at the State, regional, and local levels and increase their monthly retainer fee from $3,000 to $5,000 retroactive to February 17, 2014; and NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City Council authorizes the Mayor to amend and execute a new Agreement with Legislative Advocacy Group to continue to provide professional lobbying and advocacy services for the City approved as to form by the City Attorney. Section 2. The term of the amended Agreement for consulting services will be retroactive to February 17, 2014. Section 3. The City Council authorizes the City Manager, or Designee, to make the necessary budget adjustments in the following accounts and in the City's financial system to reflect appropriate changes to the FY 14 Adopted Budget. Amount: $10,000 From: General Fund Reserves To: 1011.30.275.62015 Section 3. adoption. Section 4. Resolution. This resolution shall become effective immediately upon its The City Clerk shall certify as to the adoption of this City Council PASSED, APPROVED and ADOPTED this 1"day of April 2014. Aide Castro, Mayor City of Lynwood ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: David A. Garcia City Attorney Sarah Magana Withers City Manager APPROVED AS TO CONTENT: Christy Valencia Finance Manager PAI CONSULTING SERVICES AGREEMENT This AGREEMENT, hereinafter referred to as "Agreement" is made by and between the CITY OF LYNWOOD, hereinafter referred to as "the CITY ", and LEGISLATIVE ADVOCACY GROUP, hereinafter referred to as "CONSULTANT," and further collectively referred to as the Parties. RECITALS WHEREAS, Legislative Advocacy Group "CONSULTANT ", is certified by the State of California as a registered lobbying firm; WHEREAS, the CITY desires to retain CONSULTANT to provide professional services at the State, regional and local levels to advance the City's interests; and WHEREAS, the CITY will identify specific projects in which the CITY desires CONSULTANT to develop effective legislative and legal strategies to accomplish identified goals for the term of the Agreement. NOW, THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows: CONSULTANT SERVICES The CITY is entering into this Agreement with CONSULTANT to provide professional services on behalf of the CITY. Such services include, but are not limited to, notifying staff of pertinent changes in State law that may impact the CITY; identifying potential grant opportunities that will benefit the CITY; work and arrange meetings with our legislative representatives, special district officials, private sector partnerships and any other public entity representatives; as well as engage with members of the State Legislature in order to advocate for the CITY's positions and interests on various legislative issues and grants opportunities. Below are specific legislative and legal services to be fulfilled by CONSULTANT as desired by the CITY. The list is not deemed to be all inclusive, and may be changed at any time as authorized by the City Manager and /or his /her Designee. A. Pursue legislation and lobby State officials that will allow the City and Successor Agency to utilize the $20.3 million of the former LRA's unspent bond proceeds for vital housing and community projects. B. Community Development — Pursue legislation in this post - redevelopment era that will assist and give cities the tools to spur economic development, affordable housing projects, environmental remediation and community revitalization in our communities. C. Continue to lobby and advocate for the State's Water Bond Proposal, which will free up millions of dollars for local agencies intended for vital water infrastructure improvement projects. D. Continue to lobby and advocate to the State and other park and recreational grant programs to award the City a grant to finance and construct a new, 1- acre park across from Burke -Ham Park; E. Limit financial impact of TMDL requirements; Pursue reimbursement of Ham Park replacement expenditures of $4.7 million; G. Pursue funding for new law enforcement technology and /or grant programs that will directly benefit the City; and H. Provide legal services on special projects as requested by the City Manager and /or City Council. 1. CONSULTANT shall lobby aggressively at the State, regional or other local administrative offices and other organizations as necessary to pursue grants and/or any viable funding opportunities. CONSULTANT's responsibilities shall include proactively searching for potential legislative vehicles relating to the projects on the CITY's priority list and affecting the outcome of those proposals in a manner favorable to the CITY. 2. CONSULTANT shall prepare any bill language for legislative initiatives including bills as necessary and /or identify appropriate legislative or administrative vehicles (i.e. spot bills, budget/trailer bills, discretionary action at an agency level, etc.) to carry out the CITY's objectives. 3. CONSULTANT shall, in accordance with the highest legal, ethical and professional standards, provide representation, information, and advice to the CITY regarding the CITY's objectives, as well as advocate for such matters in obtaining favorable decisions and outcomes in the legislative or executive branches of the State government and /or any other governing boards of any public agency. 4. Provide briefing and analysis on all pending and proposed legislation, policies and decisions by other local, regional, county, and State agencies that may affect the CITY. 5. Pursue funding from various propositions, grants and programs. CONSULTANT shall pursue funding sources that are important to the CITY. 6. CONSULTANT shall arrange appointments for the Mayor, City Council and relevant City staff with appropriate State officials, including various departments and agencies. Personal attendance by CONSULTANT shall be provided as such meetings. 7. CONSULTANT shall monitor and make recommendations on proposed grant applications to successfully secure funding. a. Seek outside sponsorships and partnerships from various sources in both the private and public sector that will benefit both the CITY and community. 9. Monitor and analyze State budget impacts on the CITY. 10. CONSULTANT shall provide briefing and analysis to City staff on all accomplishments and lobbying strategies on a regular basis. CONSULTANT shall meet and confer with staff at least once a month on the fourth Thursday of every month. 11. CONSULTANT shall represent the CITY in meetings or hearings with the State, regional or local agencies, boards, commissions, committees and other legislative bodies, as well as testify on behalf of the CITY as requested. 12. CONSULTANT shall provide the CITY a Year -End Report on all legislative accomplishments performed by lobbyist during the term of the Agreement. 13. CONSULTANT shall meet with City staff on a periodic basis and provide information of benefit. 14. CONSULTANT shall complete and file in a timely fashion all forms and reports required of lobbyists and lobbyist employers by the State and other relevant jurisdictions. Any penalties, fees, or charges related to untimely filing or completion of said reports shall be the sole responsibility of CONSULTANT except in cases where CITY is responsible for not responding to CONSULTANT'S request for execution of pertinent documentation. GENERAL TERMS AND CONDITIONS INDEPENDENT CONTRACTOR A. CONSULTANT is, and shall at all times remain as to CITY, a wholly independent contractor. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of CITY or otherwise act on behalf of CITY as an agent. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's employees, except as set forth in this Agreement. CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY. B. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. In the event that CITY is audited by any requesting public agency regarding the independent contractor status of CONSULTANT and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between CITY and CONSULTANT, then CONSULTANT agrees to reimburse CITY for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. CONSULTANT shall fully comply with the workers' compensation law regarding CONSULTANT and CONSULTANT's employees. CONSULTANT further agrees to indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable worker's compensation laws. CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section 1. COMPENSATION A. CITY agrees to compensate CONSULTANT for services under this Agreement in compliance with the schedule set forth: B. Payment to CONSULTANT pursuant to this Agreement shall not exceed $5,000 payable as a monthly retainer for legislative advocacy related services. C. Professional legal services as requested shall be billed to the CITY pursuant to the hourly compensation schedule based upon assigned personnel performing service: a) Senior Partner $210.00 per hour b) Senior Associate $180.00 per hour c) Associate $160.00 per hour d) Law Clerk/Paralegal $ 90.00 per hour D. Reimbursement for Costs Advanced. In addition, the CITY shall reimburse CONSULTANT for costs advanced in connection with the legal services provided by CONSULTANT Such costs shall include printing and copying expenses, costs for investigators or other experts, computer research, facsimile transmission, extraordinary travel expenses, parking charges, messenger and express delivery, and similar costs relating to legal services that are generally chargeable to a client. No individual cost in excess of $500.00 shall be incurred without the approval of the CITY MANAGER or their designee. GENERAL TERMS AND CONDITIONS The term of this agreement shall be effective February 17, 2014. Either Party may terminate this Agreement at any time by serving written notice on the other Party thirty (30) days prior to the effective date of such termination. In the event of termination, the CITY shall pay CONSULTANT such compensation as provided in the Agreement up to the time Notice of Termination is effective. PROFESSIONAL LIABILITY INSURANCE A. CONSULTANT warrants and represents that it is covered by a policy of professional liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate liability. REPRESENTATIVES OF THE PARTIES AND SERVICE OF NOTICE CITY Sarah Magana Withers, City Manager City of Lynwood 11330 Bullis Road Lynwood, CA90262 CONSULTANT H. Francisco Leal, Owner Legislative Advocacy Group 3767 Worsham Avenue Long Beach, CA 90808 Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by mail. INDEMNIFICATION AND HOLD HARMLESS CONSULTANT expressly agrees to indemnify, protect, defend and hold harmless the CITY and its officers, agencies and employees from and against any and all rights, claims, charges, demands, liabilities, damages, costs, fees, expenses, judgments, actions or losses of any kind or nature whatsoever which may be sustained or suffered by or secured against the CITY and its officers, agencies and employees arising out of the services rendered in this contract that is caused by a negligent act or omission or willful misconduct of CONSULTANT, its officers, agents or employees. WORK PRODUCTIREPORTS Any and all documents, reports, materials and any other work product prepared or developed by CONSULTANT under this Agreement, whether complete or not, are the property of the CITY and shall be turned over to the CITY promptly at the CITY's request or upon termination of the Agreement, whichever occurs first. The CITY shall designate in writing all information it believes to be confidential. CONSULTANT shall protect such information as it would protect its own proprietary information. RESOLUTION OF DISPUTES A. Disputes regarding the interpretation or application of any provisions of the Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. B. If any action, at law or in equity, is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to recover reasonable attorneys' fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions nevertheless will continue in full force and effect without being impaired or invalidated in any way. GOVERNING LAW This Agreement shall be governed by and enforced in accordance with the laws of the State of California. This Agreement supersedes any and all other agreements, either oral or written, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that any representation, statement or promise by any party which is not contained in this Agreement shall not be valid or binding. Any modification of this Agreement shall be effective only if written and signed by all parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized and respective officers. CITY OF LYNWOOD By: Date: Aide Castro, Mayor LEGISLATIVE ADVOCACY GROUP in H. Francisco Leal, Owner Date: ON