Loading...
HomeMy WebLinkAboutAgenda Packet - March 17, 2008 - CC '0 �� U U�. AMENDED . AGENDA CITY COUNCIL, AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM MONDAY, MARCH 17, 2008 213 EAST FOOTHILL BOULEVARD 6:30 P.M. AZUSA CITY COUNCIL IOSEPH R. ROCHA MAYOR KEITH HANKS ANGEL CARRILLO MAYOR PRO-TEM COUNCILMEMBER URIEL E. MACIAS ROBERT GONZALES COUNCILMEMBER COUNCILMEMBER NOTICE TO THE PUBLIC Copies ofstaffreports or other written documentation relatingto 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 at the City Library. Persons who wish to speak during the Public Participation portion of the Agenda, shall fill out a card requesting to speak and shall submit it to the City Clerk prior to the start of the City Council meeting When called, each person may address any item on or off the agenda during the public participation. CLOSED SESSION 1. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Property Address: 17525 E. Arrow Hwy (N/E corner Azusa and Arrow) Negotiating Parties: Mr. William Mien 17511 E. Arrow Hwy—Mr. Fowler Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment 2. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 812 N. Azusa Avenue, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: John R. &Lillian O. Cortez, Cortez Family Trust &Watt Genton Associates, LP Under Negotiation: Price and Terms of Payment 3. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 801 N. Alameda Avenue, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: John R. 8.Lillian O. Cortez, Cortez Family Trust 8.Watt Genton Associates, LP Under Negotiation: Price and Terms of Payment Any person wishing to comment on any of the Closed Session items listed above may do so now. 7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL. • Call to Order • Pledge to the Flag • Invocation - Pastor Dale Winslow of Foothill Community Church A. PUBLIC PARTICIPATION (Person/Group shall be allowed to speak without interruption up to five (5) minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty(60) minutes time.) B. REPORTS, UPDATES, AND ANNOUNCEMENTS 1 . Mayor Rocha - Update on Laborer's Training and Re-training Trust of Southern California. 2. Request for the following proclamations: a. Proclamation to Robert Thomas Olguin who will be receiving his Eagle Scout Award on April 6`". b. Proclamation for the Azusa Woman's Club 100' Anniversary. c. Proclamation for Arbor Day to be presented and celebrated on April 5. d. Proclamation for Girl Scouts proclaiming January -May 2008 as"Girl Scout Cookie Campaign", to be presented to Girl Scout Troop #912 at the April 7, 2008 meeting. e. Proclamation proclaiming May 1 , 2008 as Loyalty Day, to.be presented on May 3`d at VFW Post 8070. f. Proclamation in celebration of National Library Week, April 13-19, 2008, to be presented to the City Librarian at the April 7, 2008 City Council meeting. 3. Update on Covina Irrigating Company (CIC) proposed waterline easement on private property within the city limits and continuation of the item to April 7, 2008 meeting. 4. Verbal update on Cal-Trans related issues. 03/17/08 PAGE TWO C. SCHEDULED ITEMS 1. PUBLIC HEARING - AMENDMENT IN AMOUNT OF $2,774,448.78 TO THE WATER UTILITY OPERATING BUDGET TO AUTHORIZE APPROPRIATION FOR INSTALLMENTS MADE BY TRUSTEE TO BONDHOLDERS PURSUANT TO 2006 PARITY REVENUE BONDS ISSUED FOR WATER SYSTEM CAPITAL IMPROVEMENTS. RECOMMENDED ACTION: (1) Open public hearing to consider amending the fiscal year 2007-2008 water utility operating budget in the amount of $2,774,448.78; and (2) close public hearing and adopt Resolution No. 08-C19, amending the water utility operating budget by said amount. 2. AWARD OF CONTRACT - SIDEWALK & LANDSCAPING IMPROVEMENTS ON ALOSTA AVE. RECOMMENDED ACTION: Waive the formal bidding process and award a contract to Martinez Concrete Inc. in the amount of$67,125.00 for sidewalk improvements; and Mariposa Horticultural Inc. in the amount of $58,524.00 for landscaping improvements. 3. CONSIDERATION OF A "REIMBURSEMENT AGREEMENT" TO COVER NECESSARY COSTS SHOULD AN APPLICATION FOR A'PERMIT TO EXCHANGE MINING AREA RIGHTS BE SUBMITTED TO THE CITY OF AZUSA BY VULCAN MATERIALS. RECOMMENDED ACTION: Approve the Reimbursement Agreement to cover the City's cost of staff time and consultants in the review and analysis of any future mining applications from Vulcan Materials.. D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. if Councilmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1 . APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF MARCH 3, 2008 AND THE SPECIAL MEETING OF FEBRUARY 25, 2008. RECOMMENDED ACTION: Approve Minutes as written. 2. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). 3. CAPP CONTRACT EFFECTIVE AUGUST 1, 2007 THROUGH JULY 31, 2011. RECOMMENDED ACTION: Approve the Civilian Association of Police Personnel (CAPP) contract dated August 1 , 2007 through July 31, 2011 . 4. AWARD OF CONTRACT FOR CONTRACTING OF RENTALS AND CATERING SERVICES FOR THE AZUSA WOMAN'S CLUB TO THE BASHFUL BUTLER. RECOMMENDED ACTION: Award contract to The Bashful Butler for the contracting of rentals and catering services for private party events held at the Azusa Woman's Club. It is recommended that the Contract be effective for a three (3) year term that may be renegotiated for two (2) extensions of one (1) year each. 03/17/08 PAGE THREE 5. WARRANTS. Resolution authorizing payment of warrants by the City. RECOMMENDED ACTION: Adopt Resolution No. 08-C20. 6. APPOINTMENT OF MAYOR PRO-TEM. RECOMMENDED ACTION: Appoint Council Member Angel Carrillo as Mayor Pro-Tem for the term of March 18, 2008 through March 16, 2009. E. AGENCY CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. if Boardmembers or Staff wish to address any item on the Consent Calendar individual/y, it will be considered under SPEC/AL CALL (TENS. 1 . APPROVAL OF MINUTES OF THE REGULAR MEETING OF MARCH 3, 2008. RECOMMENDED ACTION: Approve Minutes as written. 2. AMENDMENT NO. 2 TO PROFESSIONAL SERVICES CONTRACT WITH TERRY A. HAYES 11. ASSOCIATES TO INCREASE SERVICES ASSOCIATED WITH THE PROPOSED TARGET STORE ENVIRONMENTAL IMPACT ANALYSIS STUDY. RECOMMENDED ACTION: Approve Amendment No. 2 to the professional services contract with Terry A. Hayes & Associates (TAHA) to increase services; increase the contract amount from $146,425.00 to $158,825.00; and authorize the Executive Director to execute the City's standard professional services agreement amendment. 3. WARRANTS. Resolution authorizing payment of warrants by the Agency. RECOMMENDED ACTION: Adopt Resolution No. 08-R14. F. ADJOURNMENT 1 . Adjourn. UPCOMING MEETINGS: March 24, 2008, Utility Board Meeting- 6:30 p.m. ( Powell Elementary School, 1035 E. Mauna Loa) April 7, 2008, City Council Meeting - 6:30 p.m. (Auditorium) April 17, 2008, joint City Council/Azusa Unified School District Meeting - 6:30 p.m. April 21 , 2008, City Council Meeting- 6:30 p.m. (Auditorium) 1n compliance with the Americans with 01sahiiides Act, if you need special assistance to participate in a city meeting,please contact the City Clerk at 626-812-5129. Notification three (3) working days prior to the meeting when special services are needed willassist staffin assuring that reasonable arrangements can he made to provide access to the meeting. 03/17/08 PAGE FOUR i r � i f CESAR E. CHAVEZ PROGRAM -� A horsy C 27 lIT `i T Watch the story of Cesar E. Chavez in this exciting short play. Fred Blanco has taken his performance to schools and libraries all over California. He will portray scenes from Cesar E.Chavei s life. Afterwards, join Mr. Chavez s grandson, Anthony, to hear more about the life of this hero. For kids ages 10 and up. Wednesday March 26th at 4 PM. Free program. Pizza and drinks served after the program. Call (626) 812-5279 for more info. Azusa City Library 729 N. Dalton Ave. Azusa, CA, 91702 • The City of Azusa invites you to "Think Green, Clean, and Lean •� in the Canyon City" by participating in Think River! Azusa San Gabriel River Clean Up and Watershed Education Walk 10 1 rIK Come help clean up the San Gabriel River Bike Trail and learn about the river environment, all while taking a walk for a healthier you! Saturday, April 12 , 2008 9 : 00am - 11 : 30am Event starts at the new ` Azusa River Wilderness Park (Historic EI Encanto Restaurant Property) 100 N. Old San Gabriel Canyon Road Azusa, CA 91702 For more information contact The City of Azusa at (626) 812-5200 Gmaps Pedometer Page I of I .-M Pedometer Walking Meter 10000 Steps Step Counter Electronic Walker Click here to return to the main window when printing is complete 30) E Aw_L-Glendora J 4�- 2 Te Club pin ton DI IZ01:101388 F F m�ff=� 1]2 '09B Eli r VV routhl"Slyd UUUU , W'Fainnini uiva.-Azu� F.6 WER 'd -urid UUULJ te Boo GLUE U e, LN�-I 0 1 0 M0091ffln 8 AVG E U ri U santeFeDam ME j =u,= grmpunnyArp, I Ewa Q�©q Rn R 1, P FA RE ED c t-, Inv JLU iniihill F -.9 U as EG) ID - - rklll� Q M LT MW .1 iL41 L im--M F�=o A % it rp S'Mmv Hwy AF-Afrow.H UnaReWaK t E-A'0' 00t]ULdIl I FnAg 0 T z _I_j!=OFOJ� Prepare to be Shocked BowflexiRi TreadClimber(R) Pedometers Huge Selection You may be younger than you think.Take the Free Shipping& Zero Down Financing Buy& Unbeatable Pedometer Bulk Discounts Free RealAge test and find out. Save at the Official Site. Same Day Shipping. Call Today www.RealAge.com www,treadclimber.com www.pedometersusa.com Ads by Go"11:91 10 ai -ciA 30, 0009 ac.u f hf 4f15 7-k f V-IF":'+ii http://www.gmap-pedometer.com/ 3/17/2008 Be A Part of Azusa's First Polar Bear Splash ` The Polar. Bear Splash is a tradition often associated with � ' 4 I Recreation & Family Services burly men in small swim suits, a Department frozen lake and a weatherman commenting on how crazy those guys in the frozen north are. , Fortunately, here in Southern NNII California there is no need to Mt chop a hole in the ice to go for a• swim in March. However, for us thinner blooded Southern Recreation & Family Services Californians, a plunge into the Department catch pool at the bottom of the :O slide at James Slauson Community Pool will definitely I d be "invigorating" to say the least. Memorial Park �i* Zpoa 320 North Orange Place Marc S°wh 29. Jw� rd°y I Azusa, CA 91702 1:00 P!m' unit) PQQk ! Phone: 626-812-5280 comm Domes Slauson AZuso 5th Street, Fax: 626-812-0321 501 East E-mail: hhamilton@ci.azusa.ca.us I AZUSA AQUATICS CENTER,JAMES SLAUSON COMMUNITY POOL I' CREATING A LIFETIME OF MEMORIES FOR THE ENTIRE FAMILY' -a� 'S4UNSU4F0 HV 4U14 CANYON CITY IIONi MOW I "Creating a Lifetime of Memories for.the Entire Family" A FUN-draiser Benefiting The Azusa Dolphins Swim Team Saturday March 29, 2008 Join us to cheer on your 11:00 a.m.-1:00 P.M. favorite Polar Bear and have a James Slauson Community Pool great time swimming at James Slauson Community Pool 501 East 5th Street, Azusa "Creating a Lifetime of Memories for the Entire Family' i Polar Bear Splash Polar Bear Splash What is Polar Bear Sponsorship Registration Form Splash 20087 Opportunities Name: Polar Bear Splash 2008 is a Polar Bear $25 Address: f u n d r a i s e r Participants at this level will benefiting the receive an event T-shirt and a Azusa Dolphins i Phone: Novice Swim group picture, a copy of which will Team. The be displayed throughout 2008. Sponsorship Level: Azusa Dolphins Azusa Dolphins —Polar Bear ($25) Polar Bear Splasher supporters are is a team of $50 Polar Bear Splasher($50) Number 1./ dedicated youth k Participants at this level will — swimmers ages receive an event T-shirt, special _Papa Polar Bear ($75) 5-18 who train and compete every recognition on day of event, and a King of the Ice ($100) summer at James Slauson Community group picture, a copy of which will — Pool. Funds raised through Polar Bear be displayed throughout 2008. With my donation, 1 challenge: Splash 2008 will be used to purchase a professional starting system to enhance Papa Polar Bear the swim meets held at James Slauson $75 Phone: Community Pool Participants at this level will receive an event T-shirt, special To take the Polar Bear Splash! You can be a part of Polar Bear Splash recognition on da of event, a 2008 by signing up to be an official Polar g y T-shirt size (all adult sizes) Bear. As a Polar Bear, you will receive a ' group picture and an individual special event T-shirt and recognition for picture, a copy of which will be _Large, _X-Large, _XX-Large your donation as you line up to be one of y displayed throughout 2008. Make checks payable to City of Azusa the first people in 2008 to take the N plunge down the two-story waterslide at P King of the lee $100 Registration accepted at the James Slauson Community Pool. participants at this level will Recreation & Family Services office: Following the Polar Bear Splash, the pool will be open to the public for a free I receive an event T-shirt, special Memorial Park recognition on da of event, a 320 N. Orange Place recreation swim session. �. 9 y f Or, you can challenge a friend, colleague, group picture,and on individual neighbor, or even your boss to talce the picture a copy of which will be plunge. If everyone in the office pledged displayed throughout 2008. FREE $5 to send the boss down the slide, ` wouldn't it be worth it just for the I Pecia/thanks to: pictures you could take? A s Recreation Swim For more information, please call Heath } Azusa Canyon City Lions Club following the Polar Bear Hamilton at (626) 812-5205, for sponsoring this event Splash! 1 lie PUBLIC HEARING TO: HONORABLE MAYOR AND MEMBERS OFTHEAZUSA CITY COUNCIL VIA: FRANCIS M. DELACH, CITY MANAGER Y(J� FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES°� J• DATE: MARCH 17, 2008 SUBJECT: AMENDMENT IN AMOUNT OF $2,774,448.78 TO THE WATER UTILITY OPERATING BUDGET TO AUTHORIZE APPROPRIATION FOR INSTALLMENTS MADE BY TRUSTEE TO BONDHOLDERS PURSUANT TO 2006 PARITY REVENUE BONDS ISSUED FOR WATER SYSTEM CAPITAL IMPROVEMENTS RECOMMENDATION It is recommended that the Utility Board/City Council: (1) open public hearing to consider amending the fiscal year 2007-2008 water utility operating budget in the amount of $2,774,448.78; and (2) close public hearing and adopt attached resolution amending the water utility operating budget by said amount. BACKGROUND In December 2006, the Water Utility issued parity revenue bonds in the amount of $54,850,000, to pay for the new Water Treatment Plant and other water utility infrastructure, such as reservoirs and transmission lines. Of the total borrowed, $4,850,000 was placed into trust accounts set up by our Trustee, Wells Fargo, for reserves and to make interest only payments during the first year-and-a-half of debt repayment. This financing structure deferred repayment from operating revenues to allow the Utility a couple years of rate adjustments to build-up operating income to cover the added operating expense associated with debt issuance. Because initial installments were to be made by our Trustee, Utilities staff did not budget these transactions as expenses in our annual operating budget. However, to be fully compliant with accounting standards and the city's budget appropriation process, the Utilities Department is requesting that the City Council approve an amendment to the Water Utility's budget so that the transactions made by the Trustee can be considered approved budget appropriations for fiscal year 2007-2008. There were two transactions made by the Trustee during this fiscal year which need to be covered by this budget amendment, one on July 2, 2007, in the amount of $1 ,428,355.03 and the second on January 2, 2008, in the amount of $1,346,093.75 for a total of $2,774,448.78. See attached Installment Schedule from bond documents/agreement and transaction report.from Trustee. Because this budget amendment is in excess of $1 million, Azusa Municipal Code Section 2.450 requires that it be adopted by resolution following a public hearing. �' ( .a/(7 /0?000 p &L,6f- kj?� FISCAL IMPACT While the amendment amount is $2,774,448.78, there is no real impact beyond what has already been approved through the bond issuance documents, which previously authorized debt issuance and obligated the Water Utility to the attached Installment Payment Schedule. The available balance in the interest account held by our Trustee is about $2 million so there is sufficient balance to make the next payment to bond holders due on July 1, 2008. None of the Installments made to bondholders by the Trustee to date, or payments that will be made through July 2008, will affect our cash on hand because the installments were funded by the bond proceeds and interest earned on those proceeds since the bonds were issued. Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities Attachments Installrrents.pdf Resolution.doc EXHIBIT B INSTALLMENT PAYMENT SCHEDULE REGARDING PRINCIPAL COMPONENT AND INTEREST COMPONENT Three Business Days Principal Interest Prior to Followine Dates Component Component 07/01/2007 $1,428,355.03 � 01/01/2008 1,346,093.7.5— .07/01/2008 1,346,093.75 01/01/2009 1,346,093.75 07/01/2009 $280,000.00 1,346,093.75 01/01/2010 - 1,340,493.75 07/0I/2010 295,000.00 1,340,493.75 01/01/2011 - 1,334,593.75 07/01/2011 310,000.00 1,334,593.75 01/01/2012 - 1,328,393.75 07/01/2012 320,000.00 1,328,393.75 01/01/2013 - 1,321,993.75 07/01/2013 330,000.00 1,321,993.75 01/01/2014 - 1,315,393.75 07/01/2014 1,045,000.00 1,315,393.75 01/01/2015 1,289,268.75 07/01/2015 1,090,000.00 1,289,268.75 01/01/2016 1,266,468.75 07/01/2016 1,145,000.00 1,266,468.75 01/01/2017 - 1,237;843.75 07/01/2017 1,200,000.00 1,237,843.75 01/01/2018 1,207,843.75 07/01/2018 1,265,000.00 1,207,843.75 01/01/2019 1,176,218.75 07/01/2019 1,330,000.00 1,176,218.75 01/01/2020 1,142,968.75 07/01/2020 1,395,000.00 1,142,968.75 01/01/2021 1,108,093.75 07/01/2021 1,470,000.00 1,108,093.75 01/01/2022 1,071,343.75 07/01/2022 1,545,000.00 1,071,343.75 01/01/2023 1,032,718.75 07/01/2023 1,625,000.00 1,032,718.75 01/01/2024 992,093.75 07/01/2024 1,700,000.00 992,093.75 01/01/2025 955,968.75 07/01/2025 1,775,000.00 955,968.75 01/01/2026 918,250.00 07/01/2026 1,855,000.00 •918,250.00 01/01/2027 871,875.00 07/01/2027 1,950,000.00 871,875.00 01/01/2028 823,125.00 45810353.4 - B-1 07/01/2028 2,055,000.00 823,125.00 01/01/2029 771,750.00 07/01/2029 2,160,000.00 771,750.00 01/01/2030 717,750.00 07/01/2030 2,270,000.00 717,750.00 01/01/2031 661,000.00 07/01/2031 2,385,000.00 661,000.00 01/01/2032 601,375.00 07/01/2032 2,505,000.00 601,375.00 01/01/2033 538,750.00 07/01/2033 2,635,000.00 538,750.00 01/01/2034 472,875.00 07/01/2034 2,770,000.00 472,875.00 01/01/2035 403,625.00 07/01/2035 2,915,000.00 403,625.00 01/01/2036 330,750.00 07/01/2036 3,065,000.00 330,750.00 01/01/2037 254,125.00 07/01/2037 3,220,000.00 254,125.00 01/01/2038 173,625.00 07/01/2038 3,385,000.00 173,625.00 01/01/2039 - 89,000.00 07/01/2039 3,560,000.00 89,000.00 45810353.4 $-2 PAGE 5 STATEMENT OF TRANSACTIONS AZUSA WATER SYSTEM 2006 INTEREST FOR THE PERIOD JULY 1 2007 THROUGH JULY 31 2007 ACCOUNT NUMBER 20882701 STATEMENT OF TRANSACTIONS REALIZED DATE PAR VALUE/SHARES DESCRIPTION PRINCIPAL CASH INCOME CASH COST VALUE GAIN/LOSS BEGINNING BALANCE 0.00 0.00 4,474.118.90 07/02/07 INTEREST R CEIVED 5,201.84 WF ADV TREAS MIA FO—SVC CL INTEREST0FFROM 6/1/07 TO 6/30/0708 07/02/07 ADDITION TO ACCOUNT 127.84 TRANSFER FROM INCOME TRF OF INT EARNINGS PUR TO SECT 3.04 TRUST AGRMNT 07/02/07 TRANSFER TO PRINCIPAL 5,201.84- 07/02/07 ADDITION TO ACCOUNT 5,201 .84 TRANSFER FROM INCOME 07/02/07REMITTANCE TO PAYING AGENT 1 ,428,355.03— VAID TO BONDHOLDERS — azusa ca public fin auth (water) 12-06fa AZUS1206PR INTEREST PAID TO BONDHOLDER 07/16/07 ADDITION TO ACCOUNT 26,350.00 TRANSFER FROM INCOME TRF OF INT EARNINGS PUR TO SECT 3.04 TRUST AGRMNT 07/18/07 ADDITION TO ACCOUNT 15,750.00 TRANSFER FROM INCOME TRF OF INT EARNINGS PUR TO SECT 3.04 TRUST AGRMNT 07/31/07 47,429.68 CASHSWEEP PURCHASES FORSVCMCLPERIOD 47,429.68—WF AOV 47,429.68 3 TRANSACTIONS D'. PAGE 4 STATEMENT OF TRANSACTIONS AZUSA WATER SYSTEM 2006 INTEREST FOR THE PERIOD JANUARY 1 2008 THROUGH JANUARY 31 2006 ACCOUNT NUMBER 20882701' STATEMENT OF TRANSACTIONS REALIZED GATE PAR VALUE/SHARES DESCRIPTION PRINCIPAL CASH INCOME CASH COST VALUE GAIN/LOSS BEGINNING BALANCE 0.00 0.00 3.226,992.94 01/02/08 INTEREST RECEIVED 8,968.83 rF ADV 100%NTEREST FFROM12/1 07REAS MMFTOSVC 12/31/CL 0708 01/02/08 ADDITION TO ACCOUNT 98.82 TRANSFER FROM INCOME TRF OF INT EARNINGS FUR TO SECT 3.04 TRUST AGRMNT 01/02/08 TRANSFER TO PRINCIPAL 8,968.83- 01/02/08 ADDITION TO ACCOUNT 8,968.83 TRANSFER FROM INCOME 01/02/08 REMITTANCE TO PAYING AGENT 1,346,093.75- PAID TO BONDHOLDERS azusa ca public fin auth (water) 12-06fa AZUS1206PR INTEREST PAID TO BONDHOLDER 01/16/08 ADDITION TO ACCOUNT 12,035.56 TRANSFER FROM INCOME TRF OF INT EARNINGS FUR TO SECT 3,04 TRUST AGRMNT 01/18/08 ADDITION TO ACCOUNT 15,750.00 TRANSFER FROM INCOME TRF OF INT EARNINGS PUR TO SECT 3:04 TRUST AGRMNT 01/31/08 63,203.21 CASH SWEEP PURCHASES FOR STMT PERIOD 63,203.21- 63,203.21 WF ADV 100% TREAS MM FD-SVC CL #008 4 TRANSACTIONS 'rAS 26084 Q-0-51856) 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING THE FISCAL YEAR 2007-2008 OPERATING BUDGET FOR THE WATER UTILITY TO AUTHORIZE APPROPRIATIONS NECESSARY TO COVER INSTALLMENT PAYMENTS MADE BY TRUSTEE ON 2006 PARITY REVENUE BONDS. WHEREAS, in 2006 the City Council authorized the issuance of debt in the amount of $54,850,000 in the form of parity revenue bonds in order to construct a new water treatment plant and other water utility infrastructure, such as transmission lines and reservoirs; and WHEREAS, the debt financing agreements for the 2006 parity revenue bonds require the Trustee, Wells Fargo, to make payment to bondholders from the bond proceeds and interest earnings on those proceeds for approximately the first 18 months of the debt service; and WHEREAS, the installment payments made by the Trustee amounted to $2,774,448.78 during fiscal year 2007-2008; and WHEREAS,.the Utilities Department did not include installment payments made by the Trustee in its fiscal year 2007-2008 operating budget; and WHEREAS, the existing accounting standards require payments made from bond proceeds held in trust by a Trustee to be appropriated each year through an adopted operating budget; and WHEREAS, Azusa Municipal Code Section 2-450 requires that all budget amendments in excess of$1 million be approved by resolution at a public hearing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council has conducted a public hearing for the purpose of considering an amendment to the Water Utility's Fiscal Year 2007-2008 Operating Budget in the amount of$2,774,448.78. SECTION 2. That the Water Utility's Fiscal Year 2007-2008 Operating Budget account number 32-40-721-530-7001 is hereby amended in the amount of $2,774,448.78 for the purpose of authorizing an appropriation necessary to account for installment payments made by the Trustee administering the Parity Revenue Bonds (Water System Capital Improvements Program)— Series 2006.- SECTION 006:SECTION 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS 17`s day of March, 2008. I Joseph Rocha, Mayor ATTEST: Vera Mendoza, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Utility Board/City Council of the City of Azusa at a regular meeting of the Azusa Light & Water Utility Board on the 17'" day of March, 2008. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Vera Mendoza, City Clerk cpX/POR�r AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, PUBLIC W�yO�R16 DIRECTOR/ASSISTANT CITY MANAGER it�11 VIA: F.M. DELACH, CITY MANAGER V DATE: MARCH 17, 2008 SUBJECT: AWARD OF CONTRACT - SIDEWALK&LANDSCAPING IMPROVEMENTS ON ALOSTA AVE. RECOMMENDATION It is recommended that the City Council waive the formal bidding process and award a contract to Martinez Concrete Inc. in the amount of $67,125.00 for sidewalk improvements; and Mariposa Horticultural Inc. in the amount of $58,524.00 for landscaping improvements. BACKGROUND The new sidewalk and landscape for Alosta Ave. was developed and approved as a part of the redevelopment of the Citrus Crossing Shopping Center. The resolutions approving the development, considered safe access and circulation requirements for the center, landscape and upgrade of the setting amenities and included the new sidewalk/landscaping as a part of the conditions of approval. The Regal Theatre is scheduled for a grand reopening on May 15, 2008; in conjunction with the release of the new Indiana Jones film. The sidewalk and landscaping improvements proposed are to be completed prior to the grand opening. Mariposa Horticultural Inc. participated in a formal competitive bidding process and was awarded a contract on January. 2, 2008 in the amount of $130,428 for the maintenance of median/islands. Martinez concrete also participated in a formal competitive bidding process and was awarded a 3- year contract on December 10, 2007 in the amount of $354,000 for city-wide concrete improvements. The cost for these projects exceeds the 10% change order threshold which otherwise can be approved administratively. Due to the sensitivity of this project's timeline, staff recommends the City Council waive the formal bidding process and award a contract to Martinez Concrete in the amount of $67,125.00 and Mariposa Horticultural Inc. in the amount of $58,524.00 FISCAL IMPACT Total contractual expenses for project are $125,649; of which $82,440 will be allocated from TDA (Transportation Development Act) funds and $43,209 f4om Gas Tax funds. CITY OF AZUSA AGREEMENT FOR MAINTENANCE SERVICES 1. PARTIES AND DATE. ' This Agreement is made and entered into this 17th day of March, 2008 by and between the City of Azusa, a municipal corporation of the State of California, located at 213 East Foothill Boulevard,Azusa, California 91702-1295, County of Los Angeles, State of California,(hereinafter referred to as "City")and Martinez Concrete Inc.,a Corporation with its principal place of business at 920 West Foothill Boulevard,Azusa,California(hereinafter referred to as"Contractor"). City and Contractor are sometimes individually referred to as "Parry" and collectively as "Parties" in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing concrete repair/improvement services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such services for the East Alosta Avenue Sidewalk/Landscaping("Project') as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the Owner all labor,materials,tools,equipment, services,and incidental and customary work necessary to fully and adequately supply the professional concrete repair services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to,and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference,and all applicable local, state and federal laws, rules and regulations. RVPU13WGS547268 3.1.2 Term. The term of this Agreement shall be from March 17,2008 to April 17, 2008, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. Contractor shall perform and complete all Work under this Contract within THIRTY DAYS (30)DAYS, beginning the effective date of the Notice to Proceed("Contract Time"). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits"A"or`B" attached hereto,or may be provided separately in writing to the Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract,it is understood,acknowledged and agreed that the City will suffer damage. Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1000.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including,but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor RVPUB'NGSl547268 2 (BB&K:Jan.6,2000) shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates James Makshanoff,or his or her designee, to. act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Roberto Martinez, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services,using his best skill and attention,and shall be responsible for all means, methods, techniques, sequences and procedures and for the,satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care: Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property,or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local,•state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services,including all CaVOSHA requirements,and shall give all RVPUWNGS�547268 3 (BR&K:Jan.6,2000) notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials,directors, officers, employees and agents free and harmless,pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance. 3.2.9.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.9.2 Minimum Requirements. Contractor shall, at its expense,procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers'Compensation and Employer's Liability:Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury,personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and(3) Workers'Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident for bodily injury or disease. 3.2.9.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: RVPURWGS1547268 4 (BB&K:Jan.6,2000) (A) General Liability. The general liability policy shall be endorsed to state that: (1)the City;its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Contractor,including materials,parts or equipment furnished in connection with such work;and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees,agents and volunteers,or if excess,shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1)the City,its directors, officials,officers,employees,agents and volunteers shall be covered as additional insureds with respect to the ownership,operation, maintenance,use, loading or unloading of any auto owned,leased,hired or borrowed,by the Contractor or for which the Contractor is responsible; and(2)the insurance coverage shall be primary insurance as respects the City,its directors,officials,officers,employees,agents and volunteers,or if excess,shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City,its directors,officials,officers,employees,agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance :policy required by this Agreement shall be endorsed to state that: (A)coverage shall not be suspended,voided,reduced or canceled except after thirty(30)days prior written notice by certified mail,return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.9.4 Separation of Insureds:No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition,such insurance shall not contain any special limitations on the scope of protection afforded to the City,its directors, officials, officers, employees, agents and volunteers. 3.2.9.5 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- RVPUMNGS�54]268 5 (BB&.K:]an.6,2000) insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.9.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.9.7 Verification of Coveraee. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and'approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services,the Contractor shall at all times be in compliance with all applicable local,state and federal laws,rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B)instructions in accident prevention for all employees and subcontractors,such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages.Contractor is aware of the requirements of California Labor Code Section 1770 et m.("Prevailing Wage Laws"),which require the payment of prevailing wage rates and the performance of other requirements on "public works contracts." If this is a "public works contract" pursuant to the California Labor Code and if the total compensation is $1,000 or. more, Contractor agrees to fully comply with such Prevailing Wage Laws. Copies of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Agreement shall be made available to interested parties upon request, and shall be posted at the Project site. Contractor agrees to defend,indemnify and hold the City, its elected officials,officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. RVPUBWGSl547268 6 (BB&K:Ian.6,2000) 3.2.12.1 Performance Bond. If specifically requested by City in Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total,not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit `B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City s sole opinion, any bond become insufficient or any suretybe found to be unsatisfactory,Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty(30) days prior written notice shall be given to the City,and Contractor shall post acceptable replacement bonds at least ten(10)days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City.To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall,upon request of the City,cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time,terms,or conditions of payment to the Contractor,will release the surety. If the Contractor fails to furnish any required bond,the City may terminate this Agreement for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer,as defined in Code of Civil Procedure Section 995.120,shall be accepted. The surety must be a Califomia-admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements,the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor.shall receive compensation,including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Sixty RVPUBWGSl547268 7 (BB&K Ian.6,2000) Seven Thousand One Hundred Twenty-Five Dollars($67,125.00)without written approval of Citys Public Works Director. Extra Work may be authorized, as described below, and if authorized,will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods,as appropriate,through the date of the statement. City shall,within 45 days of receiving such statement,review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement,City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project,but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may,by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven(7) days before the effective date of such termination. Upon termination, Contractor shall be. compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not tenninate this Agreement except for cause. RVPUBWGS647268 8 (BB&K:]an.6,2000) 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein,City may procure,upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Martinez Concrete, Inc. 920 West Foothill Blvd. Azusa, CA 91702 Attn: Roberto Martinez CITY: City of Azusa 213 East Foothill Blvd. Azusa, CA 91702-1295 Attn: Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)hours after deposit in the U.S. Mail,first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation:Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as maybe necessary,appropriate or convenient to attain the purposes of this Agreement. 3.5.4 Attorney's Fees. If either party commences an action against the other parry, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reason- able attorney's fees and all other costs of such action. RVPUBWGS%547268 9 (BB&K:Jan.6,20b0) 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons,including wrongful death,in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services,the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses.Contractor shall defend,at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City,its directors,officials,officers,employees,agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors,officials,officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any,received by the City,its directors, officials officers, employees, agents or volunteers. 3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.7 Goveming Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign,hypothecate,or transfer, either directly or by operation of law,this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment,hypothecation or transfer. RVPUBWGS1547269 10 (BB&K:Jan.6,2000) 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.13 Amendment;Modification. No supplement,modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach,whether of the same or other covenant or condition. No waiver,benefit,privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor,to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement,no member,officer or employee of City,during the term of his or her service with City, shall have any direct interest in this Agreement,or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor,employee or applicant for employment because of race,religion, color,national origin,handicap,ancestry,sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. RVPUBWGS647268 l 1 (BB&%:Jan.6,2000) Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder,Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.21 Counterparts. This Agreement maybe signed in counterparts,each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein,without prior written approval of City. Subcontracts,if any, shall contain a provision making them subj cot to all provisions stipulated in this Agreement. CITY OF AZUSA MARTINEZ CONCRETE INC. By: By: Joseph R. Rocha Roberto Martinez Mayor Secretary/Treasurer California Contractor License No. 394471 By: Francis M. Delach City Manager Attest RVPUBWGS547268 12 (BB&K:Jan.6,2000) City Clerk Approved as to Form: Best Best &Krieger LLP City Attorney RVPUMNGS1547268 13 (BB&K:In.6,2000) EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES • Construction to be performed must be adhered in strict conformance to the "Public Sidewalk E. Alosta Ave. Azusa, CA" plan (sheets C-1.0, C-2.0, C-3.0) provided by Adams Engineering (Attached as Exhibit A-2). • Remove 31 trees and shrubs and export dirt/grass to facilitate sidewalk installation per plan. • Eight Ramps with detachable warning surface included. • Concrete: Mix 520-c-2500 • Backfill: 2" below top of curb/walkway • Soil to be 90% compacted. • Traffic control included. Note: Installation of landscape and irrigation will be completed by other contractor. RVPUBWGS\547268 1 - (BB&K:hn.6,2000) EXHIBIT "C" COMPENSATION It is understood that the foregoing quantities are approximate,the Contractor's compensation will be computed upon the basis of the actual quantities in the complete work,whether they be more or less than those shown; actual field measurements to determine cost. Item# Quantity n Description Unit Price Total 1. (6,000) Sidewalk Construction$6.85/sf. $41,100.00 2. Lump Sum Tree removal $12,395.00 3. Lump Sum Export dirt/grass, including dump fees $11,350.00 4. (8) Installation of yellow truncated domes $2,280.00 Subtotal: $67,125.00 RVPUBWGSl47268 2 (BB&K:Ian.6,2000) CITY OF AZUSA AGREEMENT FOR MAINTENANCE SERVICES 1. PARTIES AND DATE. This Agreement is made and entered into this 17th day of March, 2008 by and between the City of Azusa, a municipal corporation of the State of California, located at 213 East Foothill Boulevard,Azusa, California 91702-1295, County of Los Angeles, State of California, (hereinafter referred to as "City") and Mariposa Horticultural Enterprises Inc., a Corporation with its principal place of business at 15529 Arrow Highway, Irwindale, California (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as"Party"and collectively as "Parties" in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing landscape/irrigation improvement services to public clients,that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such services for the East Alosta Avenue Sidewalk/Landscaping ("Project') asset forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the Owner all labor,materials,tools,equipment,services,and incidental and customary work necessary to fully and adequately supply the professional concrete repair services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to,and performed in accordance with, this Agreement,the exhibits attached hereto and incorporated herein by reference,and all applicable local, state and federal laws, rules and regulations. RVPUBWGSl547268 3.1.2 Term. The term of this Agreement shall be from March 17,2008 to May 9, 2008, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. Contractor shall perform and complete all Work under this Contract within THIRTY DAYS (45)DAYS,beginning the effective date of the Notice to Proceed("Contract Time"). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones maybe included as part of Exhibits"A"or`B" attached hereto,or may be provided separately in writing to the Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract,it is understood, acknowledged and agreed that the City will suffer damage. Since it is impractical and infeasible to.determine the amount of actual damage, it is agreed that the Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1000.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates;Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including,but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor RVPUBWGS1647268 2 (BB&K:Jan.6,2000) shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates James Makshanoff,or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Antonio Valenzuela, or his or her designee,to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services,using his best skill and attention,and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property,or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Proj ect by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services,including all Cal/OSHA requirements,and shall give all RVPG13WGS\547268 3 (BB&K:Jan.6,2000) notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws,rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials,directors,officers,employees and agents free and harmless,pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance. 3.2.9.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. hi addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.9.2 Minimum Requirements. Contractor shall,at its expense,procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from of in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers'Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury,personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage;and(3) Workers'Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident for bodily injury or disease. 3.2.9.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: RVPUBWGSl547269 4 (BB&K:Jan.6,2000) (A) General Liability. The general liability policy shall be endorsed to state that: (1)the City,its directors,officials,officers,employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Contractor,including materials,parts or equipment furnished in connection with such work;and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers,employees, agents and volunteers,or if excess,shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1)the City,its directors,officials,officers,employees,agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance,use, loading or unloading of any auto owned,leased,hired or borrowed by the Contractor or for which the Contractor is responsible; and(2)the insurance coverage shall be primary insurance as respects the City,its directors,officials, officers, employees,agents and volunteers,or if excess,shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City,its directors,officials,officers,employees,agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A)coverage shall not be suspended,voided,reduced or canceled except after thirty(30)days prior written notice by certified mail,return receipt requested, has been given to the City; and(B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.9.4 Sgparation of Insureds-,No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City,its directors, officials, officers, employees, agents and volunteers. 3.2.9.5 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- AVPUBWGS�547268 5 (BB&K:]an.6,2000) insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.9.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.9.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf,and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete,certified copies of all required insurance policies, at any time. 3.2.10 Safetv. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services;the Contractor shall at all times be in compliance with all applicable local, state and federal laws,rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B)instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1770 et seg. ("Prevailing Wage Laws"),which require the payment of prevailing wage rates and the performance of other requirements on "public works contracts." If.this is a "public works contract" pursuant to the California Labor Code and if the total compensation is $1,000 or more,Contractor agrees to fully comply with such Prevailing Wage Laws. Copies of the prevailing rate of per diem wages for each craft; classification or type of worker needed to execute this Agreement shall be made available to interested parties upon request, and shall be posted at the Project site. Contractor agrees to defend,indemnify and hold the City,its elected officials,officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. RVPUBBJGS\547268 6 (BB&K:fan.6,2000) 3.2.12.1 Performance Bond. If specifically requested by City in Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total,not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required,no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit`B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any suretybe found to be unsatisfactory,Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty(30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten(10)days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City.To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall,upon request of the City,cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time,terms,or conditions of payment to the Contractor,will release the surety. If the Contractor fails to furnish any required bond,the City may terminate this Agreement for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120,shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A:VHI and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements,the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation,including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Fifty RVPUBNGS'547268 7 (BB&K:Ian.6,2000) Eight Thousand Five Hundred Twenty-Four Dollars($58,524.00)without written approval of City's Public Works Director. Extra Work may be authorized, as described below, and if authorized,will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date,or since the start of the subsequent billing periods,as appropriate,through the date of the statement. City shall,within 45 days of receiving such statement,review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At anytime during the term of this Agreement,City may request that.Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project,but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three(3)years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may,by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination,and specifying the effective date thereof,at least seven(7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor maynot terminate this Agreement except for cause. RVPUBWGS547268 8 (BB&K:Jan.6,2000) 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein,City may procure,upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Mariposa Horticultural Enterprises Inc. 15529 Arrow Highway Irwindale, CA 91706 Attn: Terry Noriega CITY: City of Azusa 213 East Foothill Blvd. Azusa, CA 91702-1295 Attn: Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation;Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary,appropriate or convenient to attain the purposes of this Agreement. 3.5.4 Attome s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reason- RVPIIBWGS047268 9 (BB&K:ran.6,2000) able attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons,including wrongful death,in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services,the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend,at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that maybe brought or instituted against City,its directors,officials,officers,employees,agents or volunteers. Contractor shall pay and satisfy any judgment,award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors,officials,officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds,if any,received by the City,its directors, officials officers, employees, agents or volunteers. 3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.9 Citv's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign,hypothecate,or transfer, either directly or by operation of law,this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void,and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment,hypothecation or transfer. RVPUBMS\547268 10 (BB&K:In.6,2000) 3.5.12 Construction; References, Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time,days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.13 Amendment;Modification. No supplement,modification,or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach,whether of the same or other covenant or condition. No waiver,benefit,privilege, or service voluntarily given or performed by a Party shall give the other Parry any contractual rights by custom, estoppel, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor,to solicit or secure this Agreement. Further,Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission,percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.,For the term of this Agreement,no member,officer or employee of City,during the term of his or her service with City, shall have any direct interest in this Agreement,or obtain anypresent or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race,religion,color,national origin,handicap,ancestry,sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, RVPUB\NGS'547268 11 (BB&K:Tao.6,2000) upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder,Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.21 Counterparts. This Agreement maybe signed in counterparts,each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement,except as expressly stated herein,without prior written approval of City. Subcontracts,if any,shall contain a provision making them subject to all provisions stipulated in this Agreement. RVJ'UWNW5547268 12 (BB&K:Jan.6,2000) CITY OF AZUSA MARIPOSA HORTICULTURAL ENTERPRISES By: By: Joseph R. Rocha Terry Norieaga Mayor President By: Francis M. Delach City Manager Attest: City Clerk Approved as to Form: Best Best &Krieger LLP City Attorney RVPUBWGSl547268 13 (BB&K:Jan.6,2000) EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES • Landscaping and irrigation to be performed must be adhered in strict conformance to the "Public Sidewalk E. Alosta Ave. Azusa, CA" plan (sheets C-1.0, C-4.0, C-5.0) provided by Adams Engineering (Attached as Exhibit A-2). Note: Removal of trees and installation of sidewalk will be completed by other contractor. RVPUBWGSl547268 1 (BB&K:Ian.6,2000) C U y. AGENDA ITEM TO: HONORABLE MAYOR AND MEMgB�ERSOF THE CITY COUNCIL FROM: F. M DELACH, CITY MANAGER XI 10 DATE: MARCH 17, 2008 l� SUBJECT: CONDISERATION OF A "REIMBURSEMENT AGREEMENT" TO COVER NECESSARY COSTS SHOULD AN APPLICATION FOR A PERMIT TO EXCHANGE MINING AREA RIGHTS BE SUBMITTED TO THE CITY OF AZUSA BY VULCAN MATERIALS. RECOMMENDATION It is recommended that City Council approve the attached Reimbursement Agreement to cover the City's cost of staff time and consultants in the review and analysis of any future mining applications from Vulcan Materials. BACKGROUND At the City Council meeting of December 17, 2007, Mr. Jim Gore, representative from Vulcan Materials requested Council consideration of an exchange of 80 acres of mining area in order to avoid potential litigation over the "Vested Mining Rights Issue" their company has claimed over the past many years, and to avoid the expected controversy and conflict over the expansion of "additional mining areas". Regardless of the options to exchange 80-acres on the east side of "Fish Canyon" for 80-acres on the west side; or an application to expand mining activities, an application for mining would have to be considered with the appropriate Environmental Impact reports, public hearings, and reclamation plan assessments. If an application is filed, there would be considerable consultant, legal, and in-house staff-work that the applicant should be required to finance and cover the costs without any promise of a positive outcome for the Company. The City Attorney was directed to draft the attached "Reimbursement Agreement" for your consideration to cover costs if Vulcan submits an application. The Reimbursement Agreement calls for Vulcan Materials to deposit $25,000 for legal costs and $25,000 for staff costs as well as the full cost of consultants hired by the City during an application review process and City provide the applicant with an accounting EIR. In turn, the C ty will p pp g of charges to the deposits and will return any remaining funds plus interest at the conclusion of the process, or should the applicant withdraw the application during the process. FISCAL IMPACT There is no direct fiscal impact by this action; however, should Vulcan Materials submit an application all costs involved in the process would be covered if this reimbursement agreement were approved. ATTACHMENTS Reimbursement Agreement , City Attorney's Update Report of January 7. 2008 0 REIMBURSEMENT AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES between CITY OF AZUSA, a California municipal corporation and VULCAN MATERIALS a California corporation ORANGEISRC\10158.1 C:\Documents and Settings\sonia.carvalho\Local Settings\Temporary Internet Fi1es\0LK2\FZM2011 .D0C C REIMBURSEMENT AGREEMENT This Reimbursement Agreement ("Agreement") is made this day of_, 2008, by and between the City of Azusa, a California municipal corporation (the "City"), and Vulcan Materials, a California corporation ( the "Applicant"). The City and Applicant are sometimes individually referred to herein as "Party" and collectively as "Parties." RECITALS This Agreement is made with respect to the following facts: A. The Applicant is the owner of that certain real property located within the City of Azusa,County of Los Angeles, California("Property"). The Property is more particularly described in the legal description attached hereto as Exhibit "A" B. The Applicant is contemplating the exchange of 80 acres of land for which it has vested rights to mine with approximately 80 acres of property adjacent to existing mining operations conducted within the Property. The Applicant desires to amend its existing Conditional Use Permit and enter into a development agreement with the City for said continued mining and understands that the City will need to commission the preparation of numerous technical and environmental documents pursuant to various environmental regulations, including, but not limited to, the California Environmental Quality Act("CEQA"). All of the above shall be referred to collectively as the "Project." C. To provide the City with the professional technical legal advice and information necessary for the City's review process concerning the development of the Property and review and approval of the Project, it is necessary for the City to retain the professional services of financial advisors , geologists, reclamation specialists, environmental consultants and legal counsel ("Consultants"). D. As a condition to the City's completion of the review process related to the Project, the Applicant has agreed to reimburse the City for the Consultants costs and expenses related to preparation of a development agreement for the continued mining of the Property and the City's review process in the manner and amounts set forth in this Agreement. The Applicant's reimbursement of City under this Agreement will ensure that the City has the necessary resources to diligently and efficiently process the Applicant's Project. AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises and agreements, City and Applicant agree as follows: -1- ORANGE\SRC\10158.1 C:\Documents and Settings\sonia.carvalho\Local Settings\Temporary Internet Files\0LK2\FZM2011.D0C I. Incorporation of Recitals. The parties agree that the Recitals constitute the factual basis upon which the City and the Applicant have entered into this Agreement. The City and the Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length. 2. City to Retain Consultants. As a necessary and indispensable part of its fact finding process related to the review of the Applicant's proposed uses of the Property,the City shall retain, by means of a contract("Consultants Contract") subject to the City's approval in its reasonable and sole discretion, the services of the Consultants set forth in Section 4 of this Agreement to provide services as the City may deem necessary in its reasonable and sole discretion. The identity of the Consultants employed shall be as determined by the City in its reasonable and sole discretion. The scope of work of the Consultants are attached hereto as Exhibits "B." The City reserves the right,in its reasonable and sole discretion,to amend the scope of work as it deems necessary and appropriate where such amendments are reasonably necessary and related to the City's proper review and consideration of the Applicant's Project, subject to the provisions in Section 5 below. The Applicant agrees that,notwithstanding the Applicant's reimbursement obligations under this Agreement, the Consultants selected by the City shall be independent contractors exclusively of the City and not of the Applicant. Except for those disclosures required by law including,. without limitation, the Public Records Act, all conversations, notes, memoranda, correspondence and other forms of communication by and between the City and the Consultants shall be,to the extent permissible by law,privileged and confidential and not subject to disclosure to the Applicant. The Applicant agrees that it shall have no claim to nor shall it assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants pursuant to the Consultants Contract. City shall include in the Consultants Contract a termination provision authorizing the City to immediately terminate the contract without cause by sending written notice of termination to the Consultants. 3. Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in good faith with the Consultants. The Applicant agrees that it will instruct its agents, employees, consultants,contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary documents or information reasonably requested of them by the Consultants; provided, however, that the foregoing shall not require the disclosure of any documents or information of the Applicant which by law is privileged, proprietary, confidential, and exempt from disclosure under the Public Records Act. 4. City's Preliminary Selection of Consultants. The City has preliminarily decided to retain the following as Consultants pursuant to this Agreement: Legal Counsel - Best Best &Krieger LLP CEQA Review— Hogel Ireland Geologist— Financial Advisor— Reclamation Specialist - -2- ORANGE\SRC\10158.1 C:\Documents and Settings\sonia.Carvalho\Local Settings\Temporary Internet Fi1es\OLR2\FZM2011 .DOC The Applicant agrees that the City may select other Consultants to replace the Consultants preliminarily identified above and may do so without consulting with the Applicant or obtaining the Applicant's approval. 5. Applicant's Reimbursement of Consultants Costs and Expenditures. The City has preliminarily reviewed the scope of work required of each Consultant and has estimated the aggregate Consultants Costs to be over One Hundred Fifty Thousand Dollars ($150,000.00) ("Estimated Consultants Costs"). The Applicant shall reimburse the City for all reasonable and necessary costs and expenditures incurred by the City relative to the Consultants Contract ("Consultants Costs")up to the amount of the Estimated Consultants Costs. The City will incur the private rates of its Consultants as published by its Consultants on January 2008 and each subsequent January thereafter. The City may incur aggregate Consultants Costs up to the Estimated Consultants Costs without consulting the Applicant. The City shall consult with and obtain written approval from the Applicant, such approval not to be unreasonably withheld,prior to amending the scope of services to be provided by Consultants hereunder and incurring Consultants Costs which exceed the Estimated Consultants Costs ("Excess Costs"). The Applicant shall upon execution of this Agreement make a deposit of Fifty Thousand Dollars($50,000)which deposit shall be used to pay for planning staff,contract planning staff and legal services related to the Project. If at any time the deposit amount becomes less than $20,000 the Applicant shall place new funds in the deposit account in the amount necessary,to maintain the deposit at Fifty Thousand Dollars $50,000. 6. Payment of Contract Amounts. Immediately upon the City's hiring of a Consultant the Applicant shall deposit with City the amount set forth in the agreement between the City and the Consultant. The City shall then make disbursement of funds to Consultants pursuant to the Consultants Contract. If at any time the deposit amount for a particular Consultant is less than $10,000, the City shall make written demand to the Applicant for additional deposit amounts to maintain the Consultant deposit at no less than $20,000. Within ten (10) days following receipt of written demand therefor by the Applicant, the City shall provide the Applicant with such reasonable documentation as the Applicant may request to substantiate any demands for payment. Within thirty (30) days after receipt of written demand therefor by the City, the Applicant shall pay the City the amount demanded. 7. City to Retain Absolute Discretion. The Applicant acknowledges and agrees that notwithstanding the Applicant's reimbursement obligations under this Agreement, the City is not obligated to approve any or all of the proposed uses for the Property,to approve any environmental documents or general plan or municipal code amendments which maybe required for any of the uses contemplated for the Property,or to approve any development agreement pertaining to the Property. The Applicant warrants and represents that no City official,officer, employee,agent or attorney has -3- ORANGE\SRC\10158.1 C:\Documents and Settings\sonia.carvalho\Local Settings\Temporary Internet Fi1es\0LK2\FZM201!.D0C represented,expressly or impliedly,that the City will approve any proposed use of the Property. The Applicant understands that there will be numerous legislative and adjudicatory decisions made by the City with regard to the development of the Property. All such decisions of the City with regard to the Property and the contemplated uses of the Property shall be made only after full compliance with all the City s statutory and other legal obligations and after considering all appropriate information and evidence, including such evidence which may cause the City to disapprove any or all of the contemplated uses of the Property. Notwithstanding anything in this Agreement to the contrary,the City retains all authority and discretion granted to it by law to either approve,disapprove or modify any of the proposed uses of the Property. The Applicant agrees that the City may approve, or approve with modifications, any or all components of the Applicant's proposed Project. The Applicant agrees that the City shall not be bound by any recommendations or conclusions reached by the Consultants and that the City may accept or reject, in whole or in part, any such recommendations or conclusions which the City in its reasonable and sole discretion deems to be unreasonable or contrary to the City's land use ordinances and regulations or State statutes or regulations. 8. Term. The term of this Agreement shall commence on the date that this Agreement is approved by the City Manager and fully executed by the Parties and shall terminate when all work required by the Consultants Contract has been completed to the City's reasonable satisfaction and the Applicant has satisfied all of its obligations under this Agreement including,without limitation,the obligation to reimburse the City for Estimated Consultants Costs and Excess Costs,whether or not paid by the City prior to the date of termination. The Applicant's obligation to reimburse the Cityas provided in this Agreement shall survive the termination of this Agreement. 9. Early Termination. The City may terminate this Agreement prior to the term set forth in Section 8 above,without cost or liability to the City,upon thirty(30) days prior written notice to the Applicant. The Applicant may in its reasonable and sole discretion terminate this Agreement prior to the end of the term set forth in Section 8 above upon thirty(30)days'prior written notice to the City; provided, however, that the Applicant has satisfied all of its obligations under this Agreement to date of termination regarding reimbursement to the City ofboth Estimated Consultants Costs and Excess Costs and, furthermore, that the Applicant has given City written notice withdrawing its application for the Project. Within two(2)City working days following either the City s decision to terminate this Agreement or the City's receipt of written notice indicating the Applicant's decision to terminate this Agreement, the City shall notify the Consultants and instruct them to cease work under the Consultants Contract. The Consultants shall be instructed to bill the City for any work completed prior to the date of termination of the Consultants Contract. 10. Remedies Upon Default. An event of default shall be deemed to exist upon the occurrence of all three of the following: (i) Either the City or the Applicant has, without legal justification or excuse, breached any one or more of its obligations under this Agreement; and -4- ORANGE\SRC\10158.1 C:\Documents and Settings\sonia.carvalho\Local Settings\Temporary Internet Fi1es\OLK2\F2N201! .DOC (ii) The nondefaulting party has sent written notice to the party claimed to be in default, specifying the default and what actions the nondefaulting party asserts should be taken to remedy the default; and (iii) The party claimed to be in default has not, within ten (10) days following receipt of the written notice described above,either corrected the default or taken actions,reasonably satisfactory to the nondefaulting party,to remedy the default within a reasonable period of time,but in no event longer than thirty(30) days after receipt of the written notice described above. Following an event of default, the nondefaulting party may exercise any and all remedies available to it pursuant to this Agreement, or at law or in equity, including, without limitation, instituting an action for damages, injunctive relief, or specific performance. 11. Nonwaiver of Rights or Remedies. The failure of a party to exercise anyone or more of its rights or remedies under this Agreement shall not constitute a waiver of that party's right to enforce that right or seek that remedy in the future. No course of conduct or act of forbearance on any one or more occasions by any party to this Agreement shall preclude that party from asserting any right or remedy available to it in the future. No course of conduct or act of forbearance on any one or more occasions shall be deemed to be an implied modification ofthe terms of this Agreement. 12. Assignabilitv. This Agreement may not be assigned by either party,with the prior and express written consent of the other party, which consent shall not be unreasonably withheld. In determining whether to approve a request by Applicant to assign this Agreement, the City may consider,among other things,the proposed assignee's financial status and commitment to the Project. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee. 13. No Oral Modifications. This Agreement represents the entire understanding of the City and the Applicant and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified,but only by a writing signed by both the City and the Applicant. All modifications to this Agreement must be approved by the City Council of the City of Azusa. 14. Binding Upon Successors. This Agreement and each of its terns shall be binding upon the City, the Applicant and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns. 15. Legal Challenges. Nothing herein shall be construed to require City to defend any third party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City's approval of development of the Property,the environmental process, or the proposed uses of the Property. The Applicant may, however, in its sole and absolute discretion appear as real party in interest in any such third party action or proceeding, and in such event, it and the City shall defend such action or proceeding and the Applicant shall be responsible and reimburse the City for whatever legal fees and costs,including actual attorneys'fees,which may -5- OFANGS\SRC\10158.1 C:\Documents and Settings\sonia.carvalho\Local Settings\Temporary Internet Fi1es\0LR2\FZM201! .D0C be incurred by the City in defense of such action or proceeding. This City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate and the Applicant shall reimburse the City for any and all attorneys' fees and costs incurred by the City as a result of such third parry action or proceeding; provided, however, Applicant may, at any time, notify City in writing of its decision to terminate such reimbursement obligation and, thereafter,in the event that the City decides to continue the defense of such third party action or proceeding, Applicant shall have no further obligation to reimburse City for its attorney fees and costs. 16. Indemnification. The Applicant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of the processing of any applications, approvals or entitlements for the Project, including, without limitation, any environmental documents,or any legal challenges thereto,including,without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The Applicant shall defend, at Applicant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents,or volunteers, in any such suit, action or other legal proceeding. The Applicant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. 17. Attorneys'Fees. In the event that any action or proceeding,including arbitration, is commenced by either the City or the Applicant against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equitable remedies available to it,its actual attomeys'fees and costs of litigation,including,without limitation, filing fees, service fees,deposition costs, arbitration costs and expert witness fees,including actual costs and attorneys' fees on appeal. 18. Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of Azusa,Los Angeles County,California,and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of Los Angeles, California. The City and the Applicant each consent to the personal jurisdiction of the court in any such action or proceeding. 19. Time is of the Essence. Except as otherwise expressly stated,time is of the essence in the performance of every act required pursuant to this Agreement. 20. Covenant of Further Assurances. The City and the Applicant shall take all other actions and execute all other documents which are reasonably necessary to effectuate this Agreement. _6_ ORANGE\SRC\10158.1 C:\Documents and Settings\sonia.carvalho\Local Settings\Temporary Internet Fi1es\OLR2\FZM201!.DDC 21. Interpretation. The City and the Applicant agree that this Agreement is the product of mutual negotiations and is an arms-length transaction. Each party has negotiated this Agreement with the advice and assistance of legal counsel of its own choosing. It is further agreed that this Agreement is a product of mutual drafting efforts by both the City and the Applicant and, accordingly, the rule that ambiguities in a document shall be construed against the drafter of the document shall have no application to this Agreement. In construing and interpreting this Agreement,the finder of fact shall give effect to the mutual intention of the City and the Applicant, notwithstanding such ambiguity, and may refer to the facts and circumstances under which this Agreement is made and such other extraneous evidence as may assist the finder of fact in ascertaining the intent of the City and the Applicant. 22. Severability. If any term or provision of this Agreement is found to be invalid or unenforceable,the City and the Applicant both agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreement and the remainder of the Agreement may be enforced in its entirety. 23. Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section. 24. Representations of Authority. Each party signing this Agreement on behalf of party which is not a natural person hereby represents and warrants to the other party that all necessary legal prerequisites to that party's execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the party on whose behalf he or she signs. 25. Notices. Notices required under this Agreement shall be sent to the following: If to the City: City of Azusa 213 East Foothill Blvd. Azusa, CA 91702-1295 Attention: City Manager Fax Number: (626) 344-6358 If to the Applicant: Vulcan Materials 3200 San Fernando Road Los Angeles, CA 90065 Attention: Fax Number: (323) 258-3289 Notices given pursuant to this Agreement shall be deemed received as follows: (i) If sent by United States Mail - five (5) calendar days after deposit into the United States Mail, first class postage prepaid. -7- OR GE\SRC\10158.1 C:\Documents and Settings\sonia.carvalho\Local Settings\Temporary Internet Fi1es\OLK2\FZM201! .DOC (ii) If by facsimile-upon transmission and actual receipt by the receiving party. (iii) If by express courier service or hand delivery- on the date of receipt by the receiving party. The addresses for notices set forth in this Section 25 maybe changed upon written notice of such change to either the City or the Applicant, as appropriate. 26. Dom. Unless otherwise specified to the contrary,"days"in this Agreement shall mean calendar, not business, days. [Signatures on the following page] -$- ORMGE\SRC\10158.1 C:\Documents and Settings\sonia.carvalho\Local Settings\Temporary Internet Files\OLA2\FZM201! .DOC Dated: CITY OF AZUSA a California municipal corporation By: Mayor Joseph Rocha ATTEST: By: Vera Mendoza, City Clerk APPROVED AS TO FORM: By: Sonia R. Carvalho, . City Attorney Dated: VULCAN MATERIALS a California corporation By: Vice President - Resources By: Jim Gore Manager—Permitting and Governmental Relations APPROVED AS TO FORM: By: Kevin K. McDonnell, Legal Counsel for Vulcan Materials -9- ORANGE\SRC\10158.1 C:\Documents and Settings\sonia.carvalho\Local Settings\Temporary Internet Fi1es\0L&2\FZM201! .D0C Exhibit"A" Legal Description of the Property -A-1- . ORANGE\SRC\10158.1 C:\Documents and Settings\sonia.carvalho\Local Settings\Temporary Internet FileS\0LK2\FZM201! .DOC Exhibit `B" DESCRIPTION OF LEGAL SERVICES 1. Negotiate and prepare a development agreement. 2. Review Applicant's application for discretionary land use approvals needed from the City of Azusa. 3. Review and comment on staff reports related to Applicant's Project. 4. Analyze and review the City's land use regulations to determine findings needed to approve the Applicant's Project. 5. Review and analyze State land use statutes and environmental regulations to ensure that Applicant's Project is consistent with all applicable.laws and regulations. 6. Assist staff in reviewing fiscal impacts of Project and developing and implementing mitigation measures, including,but not limited to, assessment districts, special taxes, mitigation fees or reimbursement agreements, if necessary. 7. Assist staff in drafting enforceable conditions of approval on land use approvals. 8. Advise the City on how to proceed with questions or demands for documents and information related to Applicant's Project, including but not limited to the State Mining and Reclamation Act, the California Public Records Act questions or requests, the California Political Reform Act questions, or other questions to which the City must respond, as mandated by law. 9. Attend Planning Commission and City Council meetings where staff has requested attendance by the City Attorney when Applicant's Project will be discussed. 10. Attend meetings with staff and Applicant's representatives, if and when necessary, to discuss the Project. -131 ORANGE\SRC\10150.1 C:\Documents and Settings\sonia.carvalho\Local Settings\Temporary Internet Fi1e3\0LK2\FZM2011 .DOC Exhibit"C" DESCRIPTION OF CEQA SERVICES To Be Determined. ADD FURTHER EXHIBITS FOR EACH CONSULTANT -C-1- ORANGE\SRC\10158.1 C:\Documents and Settings\sonia.carvalho\Local Settings\Temporary Internet Files\0LR2\FZM2011.D0C sr . i AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SONIACARVALHO, CITY ATTORNEY VIA: FRAN DELACH, CITY MANAGER DATE: JANUARY 7, 2008 SUBJECT: UPDATE REGARDING VULCAN MATERIALS' MINING PROPOSAL RECOMMENDATION: It is recommended that the City Council receive and file this report. BACKGROUND: Cal Mat Co. doing business as, Vulcan Materials Company (Vulcan), owns real property that it refers to as the Azusa Rock site. The site consists of both mined areas and areas remaining in their natural condition. Several years ago, Vulcan contacted City staff to determine what City approvals would be necessary to mine approximately 80 additional acres of land which is located on the western portion of the site. Vulcan was told at that time that a conditional use permit (CUP) and review under the California Environmental Quality Act (CEQA) would be needed before Vulcan could commence mining on any portion of the 80 acres. Vulcan did not submit an application for a CUP. Shortly after Vulcan made its inquiry, the City's Citizens Congress began meeting to discuss land use policy issues in preparation for consideration of a General Plan update. The Citizens Congress recommended that no further mining operations be permitted within the City and that the City make attempts to secure further reclamation of those areas within the City that had already been mined by Vulcan and others. ORANGE\SCARV ALHO\42870.1 General Plan and zoning code: The General Plan update initially discussed by the City's Planning Commission and eventually the Council did not provide for additional mining operations in the City. As a result, Vulcan threatened litigation against the City,. alleging for the first time that it had vested rights to mine the 80 acre site. Vulcan was asked to produce evidence of prior City approval to mine the 80 acres. No such evidence was produced at that time and staff's review of City records did not reveal any evidence of City approvals. However, the City did not want its General Plan to be tied up in litigation so the City Council decided to adopt an updated General Plan providing that in furtherance of the City's goals to encourage reclamation and implementation of re-use plans, additional mining could be permitted in cases where an applicant could produce evidence of vested rights or agreed to enter into a development agreement that satisfied the City's General Plan goals. This action did not fully satisfy Vulcan and a threat of litigation was once again made against the City. Vulcan informed the City that it would not rescind its threats until the City adopted a new zoning code that was consistent with the new General Plan. After adoption of the General Plan the City considered and adopted a new zoning code. The zoning code designated the 80 acres as Open Space and provides that surface mining may be permitted in the Open Space zone with a use permit and approval of a development agreement. In the fall of 2005, Vulcan held various community meetings to discuss securing rights to mine the 80 acres. It was reported back then by the newspapers and officials of Azusa's neighbor, Duarte, that Vulcan had stated that Azusa staff is actively working with Vulcan and supports mining of the 80-acres. These reported statements misrepresented the situation and the Council was given a report that was shared with the community at a public Council meeting to clarify that City staff was not working with Vulcan. Then several months ago Vulcan approached City staff saying that it had given serious consideration to its actions in the past and that while its lawyers were confident that Vulcan has vested rights to mine, Vulcan felt that it wanted to explore other options and not pursue litigation. Vulcan reported to staff that it had a proposal that would both honor the intent of the Citizens Congress by not proposing "additional" mining and comply with the General Plan goal of improving reclamation. Staff suggested that the proposal be outlined at a open and public meeting. Vulcan asked to appear before the Council and at a regular meeting outlined its proposal. At the Council meeting Vulcan was asked to submit further information to the City Council. The City Attorney understands that after some delay additional information was provided. Subsequently, during Council Member Comments and Updates Mayor Pro Tem Hanks ORANGE\S CARV ALHO\42 870.1 asked whether the Vulcan Materials item could be placed on a future Council agenda for further discussion. This report responds to that request and provides further information on the issues. DISCUSSION: Throughout the past several months, staff has informed Vulcan that there is a process to be followed before additional mining will ever be considered by the City. Staff understands the General Plan goals adopted by the City Council and continues to insist that the reclamation and re-use goals are of the highest priority to the City. Staff has informed Vulcan, that as stated in the General Plan, the City will insist.on environmentally sound and aesthetically pleasing reclamation. If the amended reclamation plan submitted by Vulcan is deemed complete, staff will carefully analyze the plan to ensure that it meets the City's stated goals and requirements. However, even if staff concludes that the plan does so, Vulcan will have to submit an application for a use permit and a development agreement and the City will have to initiate CEQA review of the applications. Each of these items require notice and a public hearing prior to consideration by the City. The notice and hearing requirements will provide all interested members of the public and Azusa's neighbor, Duarte, an opportunity to participate in the process. Vulcan can submit at any time an application for a revised use permit and a development agreement. However, given the sensitivity of mining issues in the City Vulcan has chosen to present its proposal to the Council in advance of filing the application. As staff understands it, Vulcan's approach is not to get the Council to approve mining before the process is initiated, it is to assess whether as a matter of policy the Council believes that the proposal is in keeping with the stated General Plan goals. Vulcan has two options at this point. It can file a lawsuit to prove its vested rights or it can explore ways to honor the General Plan and the City's policy goals and work with the City. Vulcan believes that the proposal is the best option because it avoids costly litigation for both the City and Vulcan. The proposal also provides that there will not be any "additional" or "new" mining because 80 acres that are already vested for mining are being traded for the new 80 acres. Finally, Vulcan feels that the proposal is best because.it would require immediate reclamation of land that Vulcan is not currently obligated to reclaim and it involves reclamation that is not otherwise required until 2038 under old reclamation standards. From staff's perspective, the avoidance of litigation is positive. The fact that Vulcan is willing to provide superior reclamation in accordance with new technologies and to do so immediately rather than wait until 2038 is also a plus. Staff realizes that a full blown application with all the requisite environmental studies and reclamation analysis is needed before taking the next step and will not deem an application complete until ORANGE\S CARV ALHO\42870.1 all materials are properly submitted. If an application is submitted, staff will also need direction from Council on the possible terms of a development agreement and consideration that the City would require in order to enter into a development agreement that is required by the City's Zoning Code. The City Council does not have to take any action at this time, but staff and the City Attorney believe that knowing whether the "proposal concept" is on the right track would be very helpful in processing an application should Vulcan decide to file one. Attachment: Chart Regarding Mining Proposal Options ORANGE\S CARVALHO\42870.1 Azusa Vulcan Mining Proposals/Options Scenario 1 Scenario 2 Scenario 3 Present Situation Vulcan's Proposal Potential City Proposal Mining Entitlements with Trade 80 acres of existing In anticipation of potential CUP: 190 acres for a new 80- lawsuit or an application, acre area to the West meet with interested ➢ 190 acres/can mine parties to determine if until 2038 ➢ Meet General Plan there are any additional requirement with thoughts or ideas ➢ Old reclamation improved plan leaves Mayan reclamation steps ➢ Improved ➢ No reclamation to reclamation to begin begin until 2038 2008/2009 ➢ General Plan says ➢ Requires: NO new mining. without new and - EIR improved reclamation - Reclamation Plan ➢ Vulcan claims vested - Development mining rights and Agreement says it will sue to prove it. Vulcan has some good evidence, but not enough for City Attorney to say it is conclusive ➢ No lawsuit has been filed ORANGEIS CAR V ALH0142 870.1 CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY,MARCH 3,2008—6:30 P.M. The City Council of the City of Azusa met in regular session at the above date and time In the Azusa Auditorium, located at 213 East Foothill Boulevard,Azusa,CA,91702. CLOSED SESSION Closed Sess The City Council recessed to Closed at 6:33 p.m, to discuss the following: Recess CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Gov. Code Section Conf w/legal 54956.9 (b). Threat of litigation by Vulcan Materials regarding vested mining rights. Cnsl Vulcan CONFERENCE WITH LABOR NEGOTIATOR(Gov. Code Sec.54957.6) Conf w/labor Agency Negotiators: - City Manager Delach and Assistant City Manager Person Neg CAPP Organizations/Employee: CAP REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.8) Real Prop Neg Property Address: 303 E. Foothill Boulevard,Azusa, CA 91702 - 303 E. Foothill Negotiating Parties: Watt Genton Associates, LP Agency Negotiators: City Manager Delach and Assistant City Manager Person -Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.81 Real Prop Neg Address: 716 N. Dalton Avenue,Azusa, CA 91 702 716 N. Dalton Negotiating Parties: Watt Genton Associates, LP Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.8) Real Prop Neg Address: 726 N. Dalton Avenue,Azusa, CA 91702 726 N. Dalton Negotiating Parties: Watt Genton Associates, LP Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.8) Real Prop Neg Address: 728 N. Dalton Avenue,Azusa, CA 91 702 728 N. Dalton Negotiating Parties: Watt Genton Associates, LP Agency Negotiators: City Manager Delach and Assistant City Manager Person under Negotiation: Price and Terms of Payment The City Council reconvened at 7:39 p.m. City Attorney Carvalho advised that there was no Reconvened reportable action taken In Closed Session. City Attorney Mayor Rocha called the meeting to order. Call to Order Mr. Frank Allen led in the salute to the Flag Flag Salute INVOCATION was given by Pastor Eddie Velasquez of Jesus Is Lord Church Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Police Captain Gonzalez, Director of Economic and Community Development Coleman, Public Information Officer Quiroz, Library Director Tovar, Tierra West Consultants Otemeotl and Garcia, Administrative Services Director-Chief Financial Officer Kreimeier, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr. Mike Lee addressed Council commenting on many things, i.e. pray for soldiers, jakes Hot M. Lee Dog, fundraiser by Councilmember Gonzales for family of Manager of Azusa Car Wash, Foothill Comments Center, Marquee, meeting regarding old Armory, one year anniversary of Councilmembers, and praise to all Council for doing a good job. Mr. Dick Cortez addressed Council with the following comments: there should be emergency D. Cortez preparedness training for Council/Board Members, use city parks and schools for staging areas, Comments the general plan is confusing, there is a need for gateways at Foothill and Irwindale and Sierra Madre and Barranca and the gateway on south Azusa Ave should have a canopy. . Ms. Karen Fortus of the U.S. Forestry Service announcing a Junior Ranger Program for youth K. Fortus between 7 and 13 years of age, first meeting will be held on Saturday, March 8'h from to - Comments 1:30 at the San Gabriel Gateway Center. There will be a movie shown there on March W at U.S. Forestry 7:00 p.m.-as well. She announced the start of fishing events at Crystal Lake on May 17`h all day; fishing event will be for students which could be worked with teachers from area schools. She responded to questions from Councilmembers and agreed to advertise the events monthly in the Tribune and Azusa Beautiful Website. Ms. Sandra Rentschler, Planning Commissioner asked about the final on street sweeping. She S. Rentschler announced the Sister City Open house on Thursday, March 6, 2008, from 7 p.m. -9:00 p.m. Comments at the Azusa Senior Center and invited the community to attend; topics of discussion will be about the youth and adult exchange program. Mr. Nick Rosales announced Downtown Business Association 8" Annual Mariachi Festival to be N. Rosales held on Saturday, March 22, 2008, at 6 p.m. at Citrus College Performing Arts Center; he and Comments Ms. Peggy Martinez, Executive Director of the Downtown Business Association announced the P. Martinez names of the groups that will be performing. They invited all to attend; tickets are $30 each, Comments for additional information call (626)812-5818. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Rpts/Updates Assistant City Manager Person addressed Council providing an update on .the recent Assist City Mgr Emergency Services Preparedness training he and seven other City staff completed; he also Comments responded to questions stating that sites/staging areas during emergencies cannot be selected Emergency until certain information regarding the disaster is known and where it is located; he also Preparedness advised that they will take commissioners as volunteers if a disaster occurs. City Manager Delach responded to questions regarding emergency preparedness, stating that City Mgr the City has caches for staff and could look into the feasibility of supplies of provisions for Comments volunteers; he stated that upcoming in-house training will Include Councilmembers. Emergency Councilmember Carrillo advised that the County of Los Angeles has some POD'S.(Point of Preparedness Distributions)which Include Azusa and Azusa Pacific University. City Manager Delach continued to respond to questions posed providing information regarding City M8r low to mod income housing numbers; he detailed, and talked about the inclusion of Rosedale Comments home and the regular housing that will soon be there. He responded that street sweeping will Street Sweep be on alternating days on alternate sides of the street. &Low to mod Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously Cert of appre carried to approve request for certificates of appreciation to both American and National Little American R Leagues, thanking both of them for 53 years of service to the youth and community, to be National Little presented at their Opening Day Ceremonies. Leagues Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously Cert to J. carried to approve request for certificate of appreciation to Mr. Jim Grosser for his many years Grosser of service to the City of Azusa, as a past planning commissioner and past secretary of the Azusa Eagles Club. 03/03/08 PAGE TWO Mr. Ted Broader of Los Angeles County addressed Council providing a status report on the T. Broader County sewer project: he noted that the Gas Company is also doing work in the same areas. Los Angeles .� He stated that the County project will be completed by the end of April, 2008 and responded County to questions posed. He noted that local schools will not be affected by the project. City Manager Detach responded to question regarding the Five Year Pavement Management City Mgr Plan Project stating that area surrounding Mountain View school will be augmented with Comments cosmetic enhancements and that staff will let alert any other schools affected. Administrative Services Director - Chief Financial Officer ICreimeler provided an update on A. Kreimeler current and pending State Budget actions affecting the City, stating that the State has deferred Update the gas taxes until September, which the City will receive in lump sum, and will cost the City State Budget $8,000 in foregone interest; proposed is elimination of the COPS Grant revenue, temporarily, and the reallocated of the public safety augmentation funds to fund county early parolee release program; there is no ERAF targeted yet; he referred to staff report and advised that he will keep Council posted on a regular basis. Mayor Pro-Tem Hanks advised that he attended the celebration for Mr. Aaron Meisel who Hanks received his Eagle Scout Award, expressed congratulations and noted what an honor it is and Comments will go with him through the rest of his life. Mr. Hanks stated that he had the wonderful opportunity to visit the Washington archives and lastly congratulated the team that went to emergency services training. Councilmember Macias announcements: thanks to Police Department for briefing on registered Macias sex offenders; he attended the Azusa National Little League Clean-up and they provided him Comments with a list of ten items they need for their facility; reminded all to attend the DNAC meeting. Councilmember Gonzales thanked and congratulated Sandra Rentschler and the community for Gonzales donations to Mr. Oscar Mata Gonzales, Manager of Azusa Car Wash,whose wife and daughter Comments were murdered at their home in Baldwin Park last week. He advised that car wash donated all proceeds received on Friday, $16,000, to Mr. Gonzales. He announced that Helping Hand will be having a Day At The Races fundraiser on Sunday,March 9'", at Santa Anita. Mayor Rocha asked that the meeting be adjourned in memory Charlie Manqueros, lifelong Rocha resident and to keep in prayer all soldiers. He announced the following: Homework House Comments Silent Auction Friday, March 7'Wildan Hall, Senior Scam Stopper-Friday, March 7'9 a.m. - 11 a.m., American Little League Opening Day Ceremonies - Saturday, March 8'h 10 a.m., National Little League Opening Day Ceremonies - 11:30 p.m. and Armory Workshop 1 p.m. at the Armory. SCHEDULED ITEMS Sched Items ENCANTO PARKWAY PARKING. After discussion it was moved by Councilmember Carrillo, Encanto Pkwy seconded by Mayor Pro-Tem Hanks and unanimously carried to approve staff recommendation Parking to allow parking on weekends along the west side of Encanto Parkway. APPROVAL OF PAVEMENT MANAGEMENT YEAR 5. Discussion was held regarding the project. Pavement corrections were noted in the:;pecifications, it was noted that staff will continually maintain the Mngmt yr 5 streets and Ilene Ochoa, School Board Member advised that she would advise the School Superintendent of the project. Councilmember Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS APPROVAL OF Res.08-C 14 PAVEMENT MANAGEMENT YEAR 5. Approved plan Moved by Councilmember Carrillo, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES,CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE STREET SWEEPING NO-PARKING SIGNS. After discussion, it was moved by Mayor Pro-Tem Street Sweep Hanks, seconded by Councilmember Carrillo and unanimously carried to approve staff No Pkg signs recommendation to purchase materials for the installation of signs related to the City wide street sweeping contract and waive the requirement to use formal bidding procedures. 03/03/08 PAGE THREE AZUSA AVENUE STORM DRAIN. After discussion, it was moved by Councilmember Macias, Azusa-Ave - seconded by Councilmember Gonzales and unanimously carried to approve staff Storm Drain recommendation to hire Westcon Engineering, Inc. for a cost not to exceed $20,000 to provide storm drain design for a new storm drain on Azusa Avenue. Councilmember Macias noted that businesses would like to hold off on project for another time due to tax season. The CONSENT CALENDAR consisting of Items D-1 through D-10 was approved by motion of Consent Cal Councilmember Macias, seconded by Councilmember Gonzales and unanimously carried with Items the exception of items D-3, D-5, and D-8 which were considered under the Special Call portion of the Agenda. 1. The minutes of the regular meeting of February 19, 2008 were approved as written. Min appvd 2. Human Resources Action Items were approved as follows: Merit Increase/Regular Appointments: E. Vazquez, R. Schmidt, and C.Wilkins. HR Action New Appointment: C. Hassel,Assistant Director PW/City Engr. V. Benavidez,Apprentice Items Line Mechanic. Promotion: R. Ryan,Welder/Water Distribution Worker I. . Separation: W. Lind,Water Distribution Worker 1. 3. SPECIAL CALL ITEM. Spec Call 4. Approval was given for the purchase of fifty (50) TASER International X26 electronic Pur 50 control devices and associated equipment (i.e., holsters, magazines, training/live Tasers cartridges, cleaning kits, and simulation training suits) from Pro Force Law Enforcement in an amount not to exceed $56,551.64. The purchase was based on a sole source manufacturer and sole authorized California police distributor as authorized by AMC Section 2-523(d) when there is no competitive market. 5. SPECIAL CALL ITEM. Spec Call .6. The change in title and clarification of the duties of the job classification of Welder/Water Welder/Wtr Distribution Worker was approved and adopted. Dist Wkr 7. Formal bidding procedures were waived pursuant to Azusa Municipal Code Section 2-523 Pur Library (e), bid procedure has been conducted by another public agency, and approval was given Furniture for the purchase of new library lounge furniture in the amount of $13,480.88 to Yamada Enterprises. 8. SPECIAL CALL ITEM. Spec Call 9. Approval was given for contract upgrades to HdL Permit Tracking and Business License HdL Permit Software and the City Manager was authorized to execute on the City's behalf. Tracking 10. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 08-C15 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS Special Call Items Mayor Rocha congratulated City Treasurer Hamilton for the interest received from investment Treas Rpt in the amount of $2,092,150.85. Moved by Councilmember Gonzales, seconded by Mayor Approved Pro-Tem Hanks and unanimously carried that the City Treasurer's Report as of January 31, 2008, be received and filed. Councilmember Gonzales commended the Police department for offering vehicles to other Gonzales departments before disposal. Mayor Rocha requested Information on auctioneer and time, Rocha date and place of auction. Captain Gonzalez cautioned Council on the condition of the vehicle Questions due to constant use by police department. Moved by Councilmember Gonzales, seconded by Mayor Pro-Tem Hanks and unanimously Vehicles carried to approve the disposal of nine surplus vehicles, two brush chippers, and two small To auction utility trailers at public auction in accordance with Section 2-525(b) of the Azusa Municipal approved Code. 03/03/08 PAGE FOUR Library Director Tovar responded to questions regarding the new library theft book detection Pur new Lib and it was then moved by Councilmember Gonzales,seconded by Mayor Pro-tem Hanks and Theft Book unanimously carried to waive formal bidding procedures pursuant to Azusa Municipal Code Detection section 2-523 (b), no competitive market, and approve the purchase and installation of a new Library Theft Book Detection unit from 3M library Systems for $15,185. THE CITY COUNCIL CONVENED JOINTLY WITH THE AZUSA PUBLIC FINANCING AUTHORITY Jointly APFA TO CONSIDER THE FOLLOWING: Cncl JOINT AZUSA PUBLIC FINANCING AUTHORITY ITEM/CITY ITEM. CONSIDERATION OF RELEASE OF LIEN ON CERTAIN REAL PROPERTY SECURING THE 2003 Release of Lien CITY OF AZUSA$4,825,000 LEASE REVENUE REFUNDING CERTIFICATES OF PARTICIPATION. Refunding of Director of Economic and Community Development Coleman addressed the item stating that Certificates Redevelopment Agency is actively pursuing the redevelopment of the Foothill/Dalton site Into a Of Participation mixed use project and at present a portion of the site is encumbered by Certificates of Participation which were used to finance certain public improvements within the City. The proposed would release the COPS on the Foothill/Dalton site and enable the development of the proposed mixed use project. Question and answer session ensured. Mayor Pro-Tem Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING THE Res. 08-C16 EXECUTION AND DELIVERY OF AMENDMENT NO. I TO LEASE AGREEMENT, AMENDMENT Lease Amend NO. 1 TO SITE LEASE AGREEMENT AND THE RELEASE OF LIEN AND TERMINATION Release of Lien AGREEMENT. Termination Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: COUNCILMFMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Director Hanks offered a Resolution entitled: A RESOLUTION OF THE AZUSA PUBLIC FINANCING AUTHORITY AUTHORIZING THE Res.08-P1 EXECUTION AND DELIVERY OF AMENDMENT NO. I TO LEASE AGREEMENT, AMENDMENT Lease Amend NO. 1 TO SITE LEASE AGREEMENT AND THE RELEASE OF LIEN AND TERMINATION Rel of Lien AGREEMENT. &Termination Moved by Director Hanks, seconded by Director Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Authority: AYES: DIRECTORS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE APFA Adjn AZUSA PUBLIC FINANCING AUTHORITY ADJOURNED AT 9:10 P.M. THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY TO Joint CRA/Cncl CONSIDER THE FOLLOWING: CONSIDERATION OF BUDGET APPROPRIATION AMENDMENTS AND LOAN ADVANCE FROM Appro Amend THE CITY TO THE REDEVELOPMENT AGENCY FOR ADMINISTRATIVE EXPENSES, PROPERTY_ Loan Advances ACQUISITIONS AND PROJECT-RELATED ACTIVITIES. Director of Economic and Community Development Coleman addressed the issue stating that in an effort to revitalize the Downtown areas there is a need for $11,000,000 loan which has been Identified in an Interest-bearing loan to the Redevelopment Agency from City and Rosedale Fund Reserves. The repayment date is November 30"' and the interest is 6.5%. After additional discussion, the following was approved: Director Hanks offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING A Res.08-119, LOAN FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED REDEVELOPMENT (Agency PROJECT AREA. Requesting Loan 03/03/08 PAGE FIVE Moved by Director Hanks, seconded by Director Carrillo to waive further reading and adopt. - Resolution passed and adopted by the following vote of the Agency: 'v AYES: DIRECTORS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Mayor Pro-Tem Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS FOR Res.08-Cl 7, PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA. (City) authorizing Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Carrillo to waive further loans reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mayor Pro-Tem Hanks offered a Resolution entitled; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING APPROPRIATION Res.08-C 18, AMENDMENTS FOR FISCAL YEAR 2007-08 PURSUANT TO SECTION 2-450 OF THE AZUSA (City) approving MUNICIPAL CODE. Appropriation Amendments Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Director Hanks offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING Res. 08-1110, APPROPRIATION AMENDMENTS FOR FISCAL YEAR 2007/08 PURSUANT TO SECTION 2-450 (Agency) OF THE AZUSA MUNICIPAL CODE approving Appropriation Moved by Director Hanks, seconded by Director Carrillo to waive further reading and adopt. Amendments Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE CONSIDERATION OF QUIT CLAIMS FOR ASSESSORS PARCEL NUMBERS: 8608-028-904, Quit Claims 8608-028-903, 8608-028-901, 8608-028-905, 8608-029-903, 8608-029-900, COMMONLY Senior Center KNOWN AS A PORTION OF THE SENIOR CENTER AND THE SENIOR CENTER PARKING LOT Parking Lot FROM THE CITY OF AZUSA TO THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA. Redevelopment Director of Economic and Community Development Coleman addressed the item stating that this action does not entitle any project; the purpose of the quit claims are to enable the Agency to consolidate the parcels under one ownership so that future development of the property may be considered; further, a public hearing process will be needed with all projects. Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Gonzales and unanimously Approved carried to authorize the City Manager to execute Quit Claims for six (6) City-owned parcels - (Assessors Parcel Numbers: 8608-028-904, 8608-028-903, 8608-028-901, 8608-028-905, 8608-029-903, 8608-029-900) ("Subject Property") to the Redevelopment Agency of the City of Azusa ("Agency"). The Agency is seeking to assemble the parcels so that it may enable the redevelopment of the Senior Center Parking Lot into a first-class residential project, as part of the Foothill/Dalton project at a future time. 03/03/08 PAGE SIX THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONTINUED AT 9:19 P.M. CRA convene THE CITY COUNCIL RECONVENED AT 9:27 P.M. Cncl rcnvd 7 It was consensus of Councilmembers to adjourn in memory of Charlie Manqueros. Adjourn in Memory of C.Manqueros Upcoming UPCOMING MEETINGS: Meetings March 8, 2008,Armory Meeting- 1:00 p.m. (Armory) March 17, 2008, City Council Meeting-6:30 p.m. (Auditorium) April 7, 2008, City Council Meeting-6:30 p.m. (Auditorium) April 21, 2008, City Council Meting-6:30 p.m. (Auditorium) TIME OF ADJOURNMENT: 9:28 P.M. CITY CLERK NEXT RESOLUTION NO.2008-C19. NEXT ORDINANCE NO.2008-01. 03/03/08 PAGE SEVEN PR CITY OF AZUSA MINUTES OF THE CITY COUNCIL SPECIAL MEETING MONDAY, FEBRUARY 25,2008— 8:03 P.M. The City Council of the City of Azusa met in special session at the above date and time in the Light and Water Conference Room located at 729 N.Azusa Avenue,Azusa. Mayor Rocha called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS, ROCHA ABSENT: COUNCILMEMBERS: HANKS ALSO PRESENT: Also Present City Manager Delach, Director of Public Works/Assistant City Manager Makshanoff, Library Director Tovar, Director of Recreation and Family Services Jacobs, Director of Resource Management Tang , Assistant to the Utilities Director Kalscheuer Chief of Police Garcia, Director of Information Technology Graf, Administrative Services Director — Chief Financial Officer Kreimeier,City Clerk Mendoza, Deputy City Clerk Toscano. Pub Part PUBLIC PARTICIPATION Mr.Mike Lee addressed Council announcing that Jakes Hot Dog will soon be opening and he M. Lee thanked Council for looking into the prohibition of smoking in a certain apartment complex. Comments Ms. Blanch Weir addressed Council expressing her appreciation for the beautiful grand B.Weir opening of the Rivers and Mountains Conservancy Offices at EI Encanto, but noted that It Comments wasn't mentioned in the Tribune newspaper and how hard it was to get good news about Azusa printed in the paper. . AGENDA ITEM Agenda Items REQUEST TO ADOPT STATE LAND AND WATER CONSERVATION FUND PROGRAM (LWCF) Land a Water RESOLUTION APPROVING APPLICATION FOR(LWCF)FUNDS FOR PARKLAND ACQUISITION Conservation AND DEVELOPMENT PROJECTS. Fund Director of Recreation and Family Services Jacobs addressed the Issue stating that this Is a Dir of Rec great opportunity for the City; the project will be for Zacatecas Park Picnic Facilities Comments Improvements Project;the deadline to rile is Monday,March 3,2008 and Suzanne Avila of the CRC will be writing the grant. Councilmember Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE Res. 08-C13 APPLICATION FOR LAND AND WATER CONSERVATION FUND, ZACATECAS PARK PICNIC LWCF FACILITIES IMPROVEMENTS PROJECT. _ Application Moved by Councilmember Carrillo, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO,MACIAS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HANKS MID YEAR REVIEW OF FY 2008 BUDGET. Administrative Services Director/Chief Financial Mid Year Officer Kreimeier provided a presentation of the Mid-Year Budget Overview as follows: Review 2008 Continuing Progress: Foothill Center Under Construction, Water Treatment Plant Under Workshop Construction, block 36 Utility Relocation/ Undergrounding Project Underway, Significantly Enhanced Training Programs for Emergency Operations Center Staff,Budgeted Capital Projects on Track for Completion, and Completion of 5" Year pavement Management Program. He noted the revised Fund Balance,Revenue Issues,i.e. Property Taxes,VLF in Lieu Taxes,Sales Tax, Utility Users Tax, and Interest Income. Expenditure Issues were noted as follows: Fire Safety Contract,Liability/workers Comp Expenses,Pavement Management Program Costs,and Potential Employee.contract cost impacts: ACEA, APMA and AMMA. He responded to questions posed by Councilmembers and discussions were held regarding potential Council Workshops for goal setting, Bureau of Labor Statistics,Fire contract anticipated increase,and police department personnel staffing. Moved by Councilmember Gonzales,seconded by Councilmember Carrillo and unanimously' Adjourn carried to adjourn. TIME ADJOURNMENT: 8:53 P.M. CITY CLERK - NEXT RESOLUTION NO. 08-C14. 02/25/08 PAGE TWO nwtr�ar�� CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER VIA: F.M. DELACH, CITY MANAGERV7 DATE: MARCH 17, 2008 �I SUBJECT: HUMAN RESOURCES ACTION ITEMS RECOMMENDATION It is recommended that the City Council approve the following Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). BACKGROUND On March 1 1 , 2008, the Personnel Board confirmed the following Department Head recommendation regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPARTMENT NAIVE Cf ASSIFICATION' ACTION/EFF RANGE%STEP 4 DATE 16ASErM6'.SALARY . . LB Esther Williams Library Assistant III Merit Inc. 4150/3 11-01-07 $3,300.90 PD Jason Kimes Police Corporal Reg Appt. 6106/5 1-03-08 $6,447.09 UTL Feliza Cawte Administrative Technician Merit Inc. 4169/4 2-16-08 $4,134.69 UTL Scott Hall Apprentice Line Mechanic Merit Inc. 5204/5 2-16-08 $6,222.37 UTL Christopher Williams Apprentice Line Mechanic Merit Inc 5204/4 2-16-08 $5,932.22 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. Salary savings realized from vacant positions are utilized to underfill positions with temporary hires and/or to offset overtime costs. yip FPq� . i CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/CFO VIA: F.M. DELACH, CITY MANAGER DATE: MARCH 17, 2008 SUBJECT: CAPP CONTRACT EFFECTIVE AUGUST 1 , 2007 THROUGH JULY 31 , 2011 RECOMMENDATION It is recommended that City Council approve the Civilian Association of Police Personnel (CAPP) contract dated August 1 , 2007 through July 31 , 2011 . BACKGROUND Beginning in July of 2007, City Administration began negotiations with CAPP. After months of negotiations, CAPP and the City came to agreement for a four year contract. A summary of the proposed changes to the current CAPP Memorandum of Understanding includes: • Cost of living increases as follows: o August 1 , 2007 3.5% o August 1 , 2008 3.5% o August 1 , 2009 3.5% o August 1 , 2010 3.5% Additional market salary adjustments for dispatcher positions as follows: o August 1 , 2007 2.5% o August 1 , 2008 1.5% o August 1 , 2009 0.5% • Increase in Flexible Benefit Plan as follows: Effective August 1 2007, the City will maintain the FBP at one thousand one hundred thirty seven dollars ($1 ,137.00) per month for each employee. This plan can be used by the employee to pay, to the extent available, for qualified benefits as determined by the IRS. The employee understands that, in the event the total premiums and/or expenses for qualified benefits selected by him/her exceed the amount of the FBP, the excess shall be deducted from pre-tax wages of the employee. Effective January 1 , 2008, the City will increase the Flexible Plan contribution in an amount equal to the average percentage increase for the basic plan premium for Health Maintenance Organizations (HMOs) under the CalPERS insurance program, not to exceed 8 percent. Effective January 1 , 2009, the City will increase the Flexible Plan contribution in an amount equal to the average percentage increase for the basic plan premium for Health Maintenance Organizations (HMOs) under the CalPERS insurance program, not to exceed 8 percent. Effective January 1 , 2010, the City will increase the Flexible Plan contribution in an amount equal to the average percentage increase for the basic plan premium for Health Maintenance Organizations (HMOs) under the CalPERS insurance program, not to exceed 8 percent. Effective January 1 , 2011 , the City will increase the Flexible Plan contribution in an amount equal to the average percentage increase for the basic plan premium for Health Maintenance Organizations (HMOs) under the CaIPERS insurance program, not to exceed 8 percent. Please see attached MOU for more details. Staff recommends Council approve this Memorandum of Understanding. FISCAL IMPACT Finance estimates the General Fund cost of these changes to be approximately $75,782 this fiscal year. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE CIVILIAN ASSOCATION OF POLICE PERSONNEL EFFECTIVE AUGUST 1 , 2007 THRU JULY 319 2011 TABLE OF CONTENTS 1. TERM.................................................................:......................................................................................................................1 2. IMPLEMENTATION..................................................................................................................................................................1 3. MAINTENANCE OF EXISTING BENEFITS.........................................................................................:..................................1 4. NON-DISCRIMINATION..........................................................................................................................................................1 5. REOPENER..............................................................................................................................................................................2 6. SAVINGS CLAUSE......................................................:...........................................................................................................2 7. SEPARABILITY........................................................................................................................................................................2 8. TOTAL COMPENSATION........................................................................:...............................................................................2 9. CITY RIGHTS...........................................................................................................................................................................2 10. WORKWEEK AND TIMEKEEPING INTERVAL.....................................................................................................................3 11. SALARY...................................................:................................................................................................................................4 12. ADDITIONAL COMPENSATION/PREMIUM PAY.................................................................................................................5 12.1. Bilingual Pay.............................................................................................................................................................5 12.2. Callback ...................................................................................................................................................................5 12.3. Court Time................................................................................................................................................................5 12.4. Deferred Compensation(Employer Paid)................................................................................................................5 12.5. Longevity Pay............................................................................................................................................................5 12.6. Overtime/Compensatory Time.................................................................................................................................6 12.7. Shift Differential........................................................................................................................................................6 12.8. Training Pay....................................................................................................................:.........................................7 12.9. Uniform Allowance.............................................................................................................................................:......7 13. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM...............................................................................7 14. DAMAGE TO PERSONAL EFFECTS.....................................................................................................................................7 15. EMPLOYEE ASSISTANCE PLAN...........................................................................................................................................7 16. FLEXIBLE BENEFIT PLAN..............................__.................. .................................................................................................7 16.1. Definition...................................................................................................................................................................8 16.2. Amount of Monthly Benefit.......................................................................................................................................8 16.3 Yearly Increase.........................................................................................................................................................8 16.4. Eligibility....................................................................................................................................................................8 16.5. Termination...............................................................................................................................................................8 17. LEAVE TYPES.........................................................................................................................................................................9 17.1. Bereavement Leave..................................................................................................................................................9 17.2. Holidays ...........................................................................................................................................................9 17.3. Industrial Leave.......................................................................................................................................................10 17.4. Sick Leave..............................................................................................................................................................11 - 17.5. Vacation..................................................................................................................................................................13 18. LICENSE RENEWAL......................................................................................................................................................:......14 19. LIFE INSURANCE..................................................................................................................................................................14 20. LONG TERM DISABILITY INSURANCE...............................................................................................................................14 21. RETIREMENT...............................................:........................................................................................................................14 22. TUITION REIMBURSEMENT................................................................................................................................................15 23. FLEXIBLE STAFFING POSITIONS.......................................................................................................................................16 24. JOB SHARING.......................................................................................................................................................................16 25. POLICIES...............................................................................................................................................................................17 26. LAYOFF..................................................................................................................................................................................17 MEMORANDUM OF UNDERSTANDING Between THE CITY OF AZUSA and THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL August 1, 2007 through July 31, 2011 This Memorandum of Understanding is entered into with reference to the following facts: (1) The Civilian Association of Police Personnel (CAPP) (hereinafter referred to as "Association") is the recognized employee organization representing those personnel (hereinafter referred to as "employees") employed by the various departments of the Cityof Azusa(hereinafter referred to as"City"),and occupying the classifications as listed in Exhibit"A"attached hereto; (2) In the interest of maintaining harmonious relations between the City and those employees represented by the Association,authorized representatives of the City and the Association have met and conferred in good faith, exchanging various proposals concerning wages, hours and other terms and conditions of employment to affected employees. (3) The authorized representatives of the City and the Association have reached an understanding and agreement as to certain changes in wages, hours and other terms and conditions of employment of the affected employees which shall be submitted to the City Council of the City for approval and implementation of these changes by appropriate ordinance, resolution, or other lawful action. Therefore,the City and the Association agree that, subject to approval and implementation by the City Council of the City, the wages, hours and other terms and conditions of employment for all affected employees shall be altered as follows: 1. TERM The term of this Memorandum of Understanding (MOU) shall commence August 1, 2007 and shall continue in full force and effect until July 31, 2011. 2. IMPLEMENTATION This document is subject to approval of the City Council of the City of Azusa, and following such approval shall be implemented by appropriate resolution(s)or ordinance(s)of the City Council. 3. MAINTENANCE OF EXISTING BENEFITS Except as provided herein,all wages,hours and economic terms and conditions of employment presently enjoyed by' employees shall remain in full force and effect during the entire term of this document unless mutually agreed to the contrary by both parties hereto. 4. NON-DISCRIMINATION 4.1. Protection of Rights The City and the Association shall recognize and protect the rights of all employees hereby to join and/or participate in protected Association activities or to refrain from joining or participating in protected activities in accordance with Government Code Section 3500, et seg. 4.2. Anti-Discrimination The City and the Association shall not discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations. The City and the Association shall reopen any provisions of this Agreement for the purpose of complying with any final order of the federal or state agency or 1 MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2011 court of competent jurisdiction requiring a modification or change in any provision or provisions of this document in compliance with state or federal anti-discrimination laws. 5. REOPENER Should No. 6 render invalid any provision of this document, then meet-and-confer session(s) shall immediately commence in the effort to agree upon replacement(s)for such invalidated provisions(s). 6. SAVINGS CLAUSE Should any State or Federal law mandate the loss of revenue to the City as a result of the implementation of any clause of this document, or should any State or Federal law render a clause(s)of this document invalid, then those changes alone shall not be given effect and the remainder of this document standing shall be unaffected and shall remain in full force and effect. 7. SEPARABILITY Should any provisions of this document be found to be inoperative,void,or invalid by a court of competentjurisdiction, all other provisions of this document shall remain in full force and effect for the duration of this document. 8. TOTAL COMPENSATION As a matter of philosophy,the City recognizes that compensation consists of terms and conditions of employment other than those represented solely by salary. Further,the City recognizes that the changes in wages,hours and other terns and conditions of employment as set forth in this document constitute additions to the total compensation received by affected employees. 9. CITY RIGHTS 9.1. Management Rights The City reserves, retains and is vested with,solely and exclusively,all rights of Management which have not been expressly abridged by specific provision(s)of this document or by law to manage the City, as such rights existed prior to the execution of this document. The sole and exclusive rights of Management,as they are not abridged by this document or by law, shall include, but not be limited to, the following: 9.1.1. To manage the City generally and to determine the issues of policy. 9.1.2. To determine the existence or non-existence of facts which are the basis of the Management decision. 9.1.3. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services. 9.1.4. To determine the nature, manner,means and technology and extent of services to be provided to the public. 9.1.5. To determine methods of financing. 9.1.6. To determine types of equipment or technology to be used. 9.1.7. To determine and/or change the facilities,methods,technology,means and size of the work force by which the City operations are to be conducted. 9.1.8. To determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City. 2 i MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2011 9.1.9. To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and.assignments. 9.1.10. To relieve employees from duties for lack of funds or lack of work or similar non-disciplinary reasons. 9.1.11. To establish and modify productivity and performance programs and standards. 9.1.12. To discharge, suspend, demote or otherwise discipline employees for proper cause. 9.1.13. To determine job classification and to reclassify employees. 9.1.14. To hire,transfer, promote or demote employees for non-disciplinary reasons in accordance with this document and applicable Resolutions and Codes of the City. 9.1.15. To determine policies, procedures and standards for selection, training and promotion of employees. 9.1.16. To establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith. 9.1.17. To maintain order and efficiency in its facilities and operation. 9.1.18. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. 9.1.19. To take any and all necessary action to carry out the mission of the City in emergencies. 9.2. Conformance with Rules The City shall have the right to exercise the rights provided in sections 9.1.8 through 9.1.16.of the Management rights clause, in accordance with the Personnel Rules and Regulations and shall exercise these rights in conformance with the Personnel Rules and Regulations. 9.3. Meet and Confer• Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law,whenever the exercise of Management's rights shall impact on employees of the bargaining unit, the City agrees to meet and confer with representatives of the Association regarding the impact of the exercise of such rights, unless that matter of the exercise of such rights is provided for in this document, or in Personnel Rules and Salary Resolutions and Administrative Code(s)which are incorporated in this document. By agreeing to meet and confer with the Association as to the impact and the exercise of any of the foregoing City Rights, Management's discretion in the exercise of these rights shall not be diminished. 10. WORKWEEK AND TIMEKEEPING INTERVAL 10.1. Workweek The regular workweek for all employees covered by this document shall be forty(40)hours for a seven (7)day period beginning at 12:01 a.m. each Sunday and consists of four(4) days a week and ten (10) hours per day. Daily hours of work or shifts for employees within departments shall be assigned by the department head, as required to meet the needs of the department. 3 MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2011 10.2. Workday The workday will consist often(10)hours with fifty(50)minutes for lunch and breaks to be scheduled in light of the departmental policy. (Revisions to the existing lunch and break times, if any, will need to be worked out with the Chief of Police) The City reserves the right to determine the beginning and ending times of the work day. 10.3. Timekeeping Interval In compliance with FLSA,the minimum timekeeping interval shall be fifteen(15)minutes. Periods of time of seven (7)minutes or less shall be rounded down and periods of time of eight(8)minutes or more shall be rounded up. With concurrence of the Chief of Police and CAPP,the City will consider a 3/12.5 scheduling trial period during this MOU for Dispatchers providing the schedule change is at least cost neutral. The City and bargaining group representatives will meet to work out the details of this schedule change if necessary. 11. SALARY 11.1 Salaries Effective 8-1-2007 The current base monthly salaryof employees in the unit covered by this MOU are set forth in"Exhibit A." 11.2 Cost of Living Increases 11.2.1 Effective August 1, 2007, each employee shall receive a cost of living increase in the base monthly salary of 3.5%. 11.2.2 Effective August 1, 2008, each employee shall receive a cost of living increase in the base monthly salary of 3.5%. 11.2.3 Effective August 1, 2009, each employee shall receive a cost of living increase in the base monthly salary of 3.5 %. 11.2.4 Effective August 1, 2010, each employee shall receive a cost of living increase in the base monthly salary of 3.5%. Should the Consumer Price Index for Urban Wage Earners and Clerical Workers in Los Angeles, Riverside, and Orange County, California areas equal or exceed (4%) for the period from June 2009—June 2010 then the City and CAPP agree to reopen negotiations only on the salary portion of the agreement. 11.3 Market Adjustment 11.3.1 Effective August 1,2007,the classification of Police Dispatcher shall receive a market adjustment to the base monthly salary of 2.5%, for a total annual increase of 6%. 11.3.2 Effective August 1,2008,the classification of Police Dispatcher shall receive a market adjustment to the base monthly salary of 1.5%, for a total annual increase of 5%. 11.3.3 Effective August 1,2009,the classification of Police Dispatcher shall receive a market adjustment to the base monthly salary of .5%, for a total annual increase of 4%. 11.4. Automatic Payroll Deposit The City will continue to offer Automatic Payroll Deposit in cooperation with any bank that utilizes the Automated Clearing House service. 4 MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2011 12. ADDITIONAL COMPENSATION /PREMIUM PAY 12.1. Bilingual Pay The City shall pay an additional $100 per month to personnel demonstrating a proficiency in the Spanish language if they are assigned and required to speak and translate the Spanish language in performance of their duties. An additional payment of$100 per month shall be paid to those who are proficient in written Spanish as well. Such payment is conditional upon demonstration of Spanish language proficiency by a qualified third-party examiner mutually agreed upon by both the City and the Association. Employees may apply for bilingual pay at any time; however; examinations shall be conducted semi-annually. 12.2. Callback Pay If an employee is required to be called back to work after completing his or her normal shift or after having left City premises or the employee's work location, the employee shall be compensated at the appropriate rate for each hour worked on Callback with a minimum of (2) hours Callback compensation at the appropriate rate, regardless of whether the employee actually works less than two(2)hours. This provision shall be applicable to an employee even though the employee's regular work week is not complete but shall not apply to an employee who is continuing on duty for his/her normal work shift. For the purposes of this section only,the time starts when the Callback call is received by the employee. 12.2.1. Appropriate Rate of Pay for Callback The rate of pay for Callback shall be at one and one-half (1'/2) times the normal rate of pay, except between 12 midnight and 5 a.m., the first call shall be compensated at double-time (2) rate. For the purposes of this section only, the time period to be used in computing whether a callback is the first callback shall be from 4:00 p.m.to 4:00 p.m.the next calendar day. All other callbacks during the same twenty-four(24)hour period shall be compensated at the double-time(2) rate. 12.3. CourtTime The minimum court appearance time shall be four (4) hours per day. Court time is applicable only for court appearances scheduled during off-duty hours. 12.4. Deferred Compensation (Employer Paid) The City shall provide$45 per month in deferred compensation to each employee, 12.5. Longevity Pay The monthly longevity pay for employees who have completed the specified years of full-time City service shall be in accordance with the following schedule. 7 Yrs = $80 10 yrs = $100 15 yrs = $175 20 yrs = $250 5 MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2011 Notwithstanding the foregoing, employees currently receiving a higher dollar amount of longevity pay than the amount provided for above shall continue to receive the higher dollar amount until eligible for an increase based on the schedule set forth above. 12.6. Overtime/Compensatory Time Employees shall be entitled to Overtime Pay or Compensatory Time off for all hours worked in excess often(10) hours in one work day or forty(40) hours within the employee's regular work week. For the purposes of this document, Holiday Pay, Sick Leave, and other Compensated Time off shall count for the hours. Compensatory Time may be accumulated at the appropriate rate for each hour of overtime worked to a maximum accrual of two hundred forty(240) hours. Overtime Pay or Compensatory Time off for Overtime Pay shall be accumulated in no less than fifteen minutes per day increments. When an employee works less than fifteen minutes per day of overtime,the employee shall not receive Compensatory Time for such overtime. In order to be entitled to any compensation for overtime hours worked, such overtime work must have been authorized by the department head or the City Manager. Accumulated compensatory time not taken off in the pay period in which it was earned may be carried over to a maximum of two hundred forty(240)hours. 12.6.1 Overtime Meal Policy 12.6.1.1 Beyond Regular Shift When an employee is required to work continuous, unplanned overtime beyond his or her regular shift,he or she shall be provided with a meal and time to eat the meal no more than two hours after the commencement of such work and no less frequently than every four hours actually worked thereafter or he or she shall receive a meal reimbursement of nine dollars($9) for each such period. 12.6.1.2 Outside of Regular Shift When an employee is required to perform scheduled or unscheduled work outside of his or her regular work hours, as a result of an emergency situation, he or she shall be provided with a meal and the time to eat the meal no less frequently than every four (4) hours or a meal reimbursement of nine dollars($9)for each such four(4) hour period. 12.6.1.3 - Before 5 a.m. In the event that an employee is summoned to work before five o'clock in the morning(5 a.m.) and is required to continue to work into his or her regular shift on the same task that he or she was summoned for, he or she shall be provided with a meal and time to eat the meal no less frequently than every four(4)hours or a meal reimbursement of nine dollars($9)for each such four(4) hour period. 12.7. Shift Differential Persons assigned to work the following shifts will be compensated as follows: Swing Shift: additional $.52 per hour Morning Shift: additional $1.04 per hour Swing Shift is generally considered to be 1500 to 0100; Early Morning Shift is generally considered to be 2200 to 0800; any shift that includes at least one-half of either of these shifts shall receive shift differential for the entire shift. Shift differential pay will not apply to individuals who are working either of the above shifts on an overtime basis, on a shift exchange or when called out due to an emergency. 6 MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2011 12.8. Training Pay Association employees shall receive Training Pay at the rate of five percent(5%)in addition to base salarywhile assigned to train a person to perform the functions of their respective divisions. 12.9. Uniform Allowance The City agrees to provide a Uniform Allowance of seven hundred sixty dollars per year($760), which shall be paid in November, for all employees who are required to wear or maintain a uniform. 13. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM 13.1. The Computer and Home Exercise Equipment Loan Plan described below shall be made available to full time regular employees. Eligibility is limited to employees who have completed their initial probation period with the City. 13.2. The equipment configuration shall be appropriate to the employee's position and career with the City. 13.3. It is the employee's responsibility to negotiate the price for the equipment and to bring a copy of the order/quote to the City for approval prior to purchase. 13.4. The employee shall complete a Promissory Note provided by Finance. The City will fund the loan on an interest free basis. Loan payments must be by payroll deduction. Each loan payment period shall not exceed two years and the aggregate value of all loan(s)shall not exceed$5,000 per employee. In order for an employee to receive a loan under the Plan for equipment upgrades for purchase of equipment components,the employee must certify that he/she already owns the remaining components required to constitute a computer system. 13.5. Any remaining loan balance must be paid in full at time of separation of employment. Payment will be made directly and/or by deduction from the last paycheck. In the event an outstanding balance remains, the employee is responsible for making payment arrangements. The failure to make full payment will obligate the employee to pay the City's attorneys fees in any restitution process. 14. DAMAGE TO PERSONAL EFFECTS If, in the course of business,an office employee's personal clothing or effects is accidentally damaged or destroyed,the employee may submit a claim for reimbursement up to one hundred dollars($100)to the department head or his or her designee. The department head or his or her designee shall have the authority to investigate the claim and recommend to the City Manager, or his or her designee,to pay the full amount of the claim, deny the claim, or apportion the claim based on normal wear and tear of the item and/or the extent of the employee's negligence in following proper safety procedures. It is expressly understood that stockings and socks are exempt from this procedure. It is further expressly understood that prescription eye glasses or contact lenses and hearing aid devices are exempt from the one hundred dollar($100) limit. 15. EMPLOYEE ASSISTANCE PLAN The City will continue to maintain the Employee Assistance Plan. 16. FLEXIBLE BENEFIT PLAN 16.1. Definition 7 MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2011 Effective August 1, 1993, the City s existing Cafeteria Benefit Plan (CBP)was converted to an IRS Section 125 Flexible Benefit Plan (FBP)administered by either the City or its designee. 16.2. Amount of Monthly Benefit Effective August 1, 2007,the Flexible Benefits Plan will be paid at one thousand one hundred thirty seven dollars ($1,137.00)per month for each employee. This plan can be used by the employee to pay,to the extent available, for qualified benefits as determined by the IRS. The employee understands that, in the event the total premiums and/or expenses for qualified benefits selected by him/her exceed the amount of the FBP, the excess shall be deducted from pre-tax wages of the employee. 16.3 Yearly Increase Effective January 1, 2008, the City will increase the Flexible Benefit Plan contribution to one thousand two hundred twenty one dollars ($1,221) per month for each employee. Effective January 1, 2009, the City will increase the Flexible Plan contribution in an amount equal to the average percentage increase for the basic plan premium for Health Maintenance Organizations(HMOs) under the CalPERS insurance program, not to exceed 8 percent. Effective January 1, 2010, the City will increase the Flexible Plan contribution in an amount equal to the average percentage increase for the basic plan premium for Health Maintenance Organizations (HMOs) under the CaIPERS insurance program, not to exceed 8 percent. Effective January 1, 2011, the City will increase the Flexible Plan contribution in an amount equal to the average percentage increase for the basic plan premium for Health Maintenance Organizations(HMOs) under the CalPERS insurance program, not to exceed 8 percent. 16.4. Eligibility In order for an employee to be eligible for the FBP in any given month, he/she must be on payroll on the first work day(excluding recognized paid City holidays)of that month. A new employee will be eligible for the full FBP applicable to his/her bargaining unit if he/she begins work on the first work day(excluding recognized paid City holidays)of the month. An employee whose date of hire is on the . second work day(excluding recognized paid City holidays) of the month or thereafter will not be eligible for the FBP for that month. If an employee does not meet the qualifying work time in any given month,arrangements must be made with the Finance Department to reimburse the City for any benefits.that have already been paid out on the employee's behalf for that month. The Finance Department will notify the employee if he/she has not met the qualifying work time for eligibility for the FBP. 16.5. Termination The City will not be responsible for payment of any qualified benefits on behalf of the employee following the month of termination. If an employee represented by the Association wishes to continue his/her qualified benefits, advance payment for such qualified benefits will be deducted from the employee's final pay. For the purposes of clarification,this language means that existing employees will receive FBP for their last month of employment even if they work just one work day into that last month. 17. LEAVE TYPES 8 7. 7 MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2011 17.1. Bereavement Leave An employee may be permitted to take up to forty(40)hours of Bereavement Leave in the event of the death of a member of his or her immediate family. "Immediate family" member is herewith defined as a mother, father, brother, sister, domestic partner, child, mother-in-law, father-in-law, grandparents or relative living within the employee's household. Person in loco parentis may also be considered under certain circumstances. Such leave shall not be charged against the employee's Sick Leave or Vacation Leave. In addition to Bereavement Leave,an employee may request up to twenty(20) hours of Sick Leave in the event of the death of an immediate family member. Such leave shall not be charged against the employee's accrued Sick Leave balance and shall be considered in calculating his or her ability to convert the balance. 17.2. Holidays 17.2.1. Designated Holidays The employee shall receive time off with pay for the following holidays but only if the employee is paid for the workday that precedes or follows the holiday. If a holiday falls on an employee's scheduled day off, the employee shall receive the holiday on the next scheduled business day. The dates upon which these holidays shall be observed are listed below: Holiday Schedule Month 2007- 2008- 2009- 2010- 2008 2009 2010 2011 Independence Day July 7* 6* 5* 5` Labor Day Sept 3* 1* 7* 6* Columbus Day Oct 8* 13` 12' 11* Veteran's Day Nov 12* 11 11 11 Thanksgiving Day Nov 22 27 26 25 Christmas Day Dec 25 25 28* 27 New Year's Day Jan 1 1 4` 1 3* Martin Luther King Day Jan 21* 19* 18* 17* President's Day Feb 18* 16* 15* 21` Memorial Day May 26* 25` 31* 30* *=Mondays 17.2.2. Floating Holidays The City and the Association agree to two floating holidays of ten (10) hours each. All floating holidays shall be requested in advance from the appropriate department head or division chief. Enough employees shall remain at work during floating holidays so that the City's business may be conducted. Floating holidays shall accrue on July 1 and must be taken by the following June 30,or the hours will be forfeited. 9 MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2011 17.3. Industrial Leave A regular employee who is temporarily or permanently incapacitated as a result of injury or illness determined to be compensable under the Workers'Compensation Act shall be granted Industrial Leave under the following terms and conditions: 17.3.1 An employee granted Industrial Leave shall continue to be compensated at his regular rate of pay in lieu of temporary disability payments. 17.3.2 Should it be determined that an employee's illness or injury did not arise in the course of the employee's employment with the City or that the employee is not temporarily or permanently incapacitated or disabled as a result of the injury or illness, then the employee's accrued or, if insufficient,future Sick Leave shall be charged to reimburse the City for any payments made to the employee pursuant to 17.3.1 above. 17.3.3 An Industrial Leave of up to ninety (90) calendar days shall be authorized for each injury or illness determined to be compensable under the Workers'Compensation Act. Paid leave may be continued subject to review by the City Council at the end of such ninety(90)calendar day period to a maximum of nine(9)months. Supporting medical documentation must accompany such requests for leave and be submitted thirty(30)days prior to expiration date. 17.3.4 After 90 calendar days Employees who are disabled because of a work related illness or injury receive Industrial Leave pay in lieu of Total Temporary Disability payments and may supplement these payments with sick leave, vacation leave or compensatory time off they have earned. If deemed temporarily totally disabled or permanently disabled and unable to return to work,employees may applyfor Long Term Disability. 17.3.5 Prior to the end of the nine(9)months of paid leave pursuant to this section,the employee may apply for benefits under the City's long-term disability plan. If the employee is qualified to receive benefits under the disability plan, Vacation and Sick Leave shall accrue, and the City shall continue to pay benefits under the City's Flexible Benefit Plan and CalPERS so far as required by law for such employee for an additional three (3) month period. An employee receiving long-term disability may be eligible to return to work on or before three (3) months from the time employee began receiving long-term disability benefits. The employee shall notify the department head as soon as practicable as to whether he or she will be returning to work prior to the expiration of the three-month period in which the employee has been on long term disability. 17.3.6 Except as provided in 17.3.2, no employee shall have accrued sick leave deducted while on industrial leave. Vacation and Sick Leave shall accrue for an employee on Industrial Leave. 17.3.7 Industrial Leave shall expire when one of the following conditions occurs: 17.3.7.1 Employee is able to return to work to his regular position. 17.3.7.2 The day before the employee is retired or separated for disability. The employee's "retirement date"shall be the first of the month after all of the following occur and are determined by the Public Employees' Retirement System: 17.3.7.3 The employee's condition is determined to be permanent or of an extended duration. 17.3.7.4 The degree of disability precludes continued employment by the employee in his/her present position. 10 MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2011 17.3.7.5 After thirty-nine(39)weeks of industrial disability payments. 17.3.8 Physicians may be assigned in compliance with the Health and Safety Code and the Workers' Compensation Laws of the State of California(Ref.: Section 4600 - Labor Code.) 17.4. Sick Leave Sick Leave shall not be construed as a right,which an employee may use at his or her discretion, but shall be allowed only in case of necessity or actual sickness or disability. Sick Leave must be exhausted before Compensatory Time off or Vacation Leave may be used for sick leave reasons. Sick Leave may be taken during the probationary period but only in such amount as the employee would have earned if on permanent status. If the employee does not become permanent, all paid sick leave must be reimbursed to the City at the time of termination of employment or it shall be deducted from the employee's final paycheck. The Finance Department will analyze and report to the employees the amount of Sick Leave earned,less the amount used, and the net accrued during the calendar year. 17.4.1. Reasons for Use of Sick Leave . Sick leave shall be granted for the following reasons: 17.4.1.1 Personal illness or physical incapacity. 17.4.1.2 The illness of a member of the employee's immediate family(father,mother,sister or brother), or members of the employee's household (husband, wife, and children)that require the employees' personal care and attention. 17.4.1.3 Enforced quarantine of the employee in accordance with Health Department regulations. 17.4.1.4 Medical, dental, and optical appointments. 17.4.1.5 Personal Business not to exceed a maximum of thirty(30) hours during any one (1)year. Personal Business means those items of personal business that can only be taken care of during regular working hours of the employee. Employees must provide advance notice for Personal Business Leave whenever possible.Personal Business Leave shall be approved or disapproved by the department head in accordance with this section. Departments are to use the earning code PB for this purpose. Personal Business shall be debited against the employee's Sick Leave balance but Sick Leave taken as Personal Business Leave shall not be taken into consideration for the purposes of the Sick Leave Cash-In program or with regard to employee performance evaluations. 17.4.2 Restrictions on Sick Leave 17.4.2.1 Disability arising from any sickness or injury purposely self-inflicted. 17.4.2.2 Sickness or disability sustained while on leave of absence, other than regular Vacation Leave. 11 MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2011 17.4.2.3 Disability or illness arising from compensated employment other than with the City. 17.4.2.4 Sick leave use under Section 17.4.1.2 shall be limited to twelve days per year; except that up to twelve weeks per year(running concurrently with family medical leave) may be approved by the department head when treatment of a relative covered under Section 17.4.1.2 has an illness, injury, or condition,which may be expected to be of long duration, has no reasonably date of termination and requires continuous or intermittent care by the employee. 17.4.3. Accrual and Use Sick leave with pay shall accrue to employees at the rate of ten hours per month for each calendar month of paid employment,with unlimited accumulation. Sick leave shall not be taken in units of less than one- half hour. 17.4.4. Sick Leave During Vacation If an employee becomes ill or injured while on vacation, he or she may, by completing a Leave Request Form, use accrued sick leave time in lieu of vacation time for the period of disability. 17.4.5. One-Fourth Conversion If the employee has used more than three, but not more than six days of sick leave, not including time spent on personal business or bereavement, he or she would have the following options: 17.4.5.1 Carry over the accrual and add it to his or her sick leave balance. 17.4.5.2 Convert,only to the extent that his/her balance is more than zero at the beginning of the new year, one-fourth of the accrual to vacation or convert one-fourth to cash (but no combination of these two); unused, unconverted leave would then be added to the employee's sick leave balance. 17.4.6. One-Third Conversion If the employee has used no more than three days of sick leave, not including time spent on personal business or bereavement, he or she would have the following options: 17.4.6.1 Carry over the accrual and add it to his or her sick leave balance. 17.4.6.2 Convert,only to the extent that his/her balance is more than zero at the beginning of the new year, one-third of the accrual to vacation or convert one-third of it to cash(but no combination of these two); unused or unconverted leave would then be added to the employee's sick leave balance. 17.4.7. Conversion to Cash upon Retirement or Separation The employee may convert fifty percent(50%) of his or her accrued Sick Leave balance to cash upon death (provided he or she has attained permanent status); disability retirement(provided he or she has been employed by the City a minimum of five(5)years); or voluntary retirement(provided he or she has been employed by the City a minimum of ten(10)years. 12 MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2011 Upon separation for other reasons, the employee may convert fifty percent(50%) of his or her accrued Sick Leave balance to cash for hours in excess of three hundred twenty (320) hours to a maximum payment of two hundred forty(240)hours. 17.4.8. Conversion to Service Credit Upon Retirement Pursuant to the terms of the City's contract,as amended,with the Public Employees'Retirement System, upon voluntary retirement, the employee may convert 100% of his or her accrued Sick Leave balance, less any amount converted to cash under the provisions of Section 17.4.7., to retirement service credit. 17.4.9. Conversion Deadline A decision to convert Sick Leave according to the policies stated shall be made by March 31. 17.5. Vacation Leave 17.5.1. Required Usage and Carryover An employee shall be required to use one half(%)of his/her annual vacation accrual yearly and shall be able to carry over one half('/s)of one year's vacation accrual from one year to the next,cumulatively, up to a maximum of fifty two(52)times the then-current pay period rate of vacation accrual. Vacation accrual in excess of the aforementioned maximum shall be paid off in four equal annual payments during the term of this MOU;and future accrual,which exceeds the aforementioned maximum,shall be paid to the employee as itis accrued. In special cases where it has not been possible,due to workload and other factors,for the employee to use his/her vacation before reaching the maximum, it shall be within the department head's authority to authorize cash payment in lieu of time off. 17.5.2. Cash-In Policy All employees shall be allowed to cash in one-half('/2)of the annual vacation accrual per year in lieu of carrying it over. 17.5.3. Accrual Vacation leave shall accrue as follows: Through the 4th year of employment.........90 hours per year Through the 5th year of employment.......120 hours per year Through the 6th year of employment.......128 hours per year Through the 7th year of employment.......136 hours per year Through the 8th year of employment.......144 hours per year Through the 9th year of employment.......152 hours per year Through the 10th year of employment......160 hours per year Through the 11th year of employment......168 hours per year Through the 12th year of employment......176 hours per year Through the 13th year of employment......184 hours per year Through the 14th year of employment......192 hours per year Through the 15th year of employment......200 hours per year Through the 16th year of employment......210 hours per year 18. LICENSE RENEWAL The City agrees to pay the cost of maintaining certifications and licenses that are within the minimum requirements for the licensee's job. 13 MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2011 19. LIFE INSURANCE The City shall provide term life insurance equal to twelve months of salary or$30,000,whichever is greater,excluding overtime, standby, callback and other forms of supplemental compensation, for each employee. 20. LONG TERM DISABILITY INSURANCE 20.1. The City shall maintain in effect for the term of this agreement a long-term disability plan covering employees set forth herein. Said plan shall provide an employee with a maximum of two-thirds(2/3)of his/her base salary. An employee may utilize his/her accrued sick leave,vacation, and/or compensatory time to supplement the LTD payment so as to receive 100% of his/her base salary. The LTD plan includes the following: 20.1.1 Provides 66.67%of the employee's monthly salary; 20.1.2 Commences after a 30 calendar day waiting period and provides a benefit to age 65; 20.1.3 For the first 30 days of non-job related illness or injury, the employee will use accrued Sick Leave, Compensatory Time or Vacation Leave; 20.1.4 The employee will be allowed to use accrued Sick Leave in conjunction with the long term disability plan to provide for a full pay check; 20.1.5 At no time will an employee receive more than 100%of their base pay; 20.1.6 The premium will be added to the employee's gross pay and deducted from the net pay so as to make the benefits exempt from further taxation. 21. RETIREMENT The City shall continue its contract with the California Public Employees'Retirement System(CaIPERS),and for the 2% @ 55 Full Formula plan. The City shall also maintain the increased level of the 1959 Survivor Benefit. The City shall continue to pay both the"employee"and "employer" share of the cost. 21.1 CalPERS Optional Benefits 21.1.1 The Citys contract with the CalPERS includes the additional benefit of Service Credit for Unused Sick Leave. 21.1.2 The optional benefit of Two YearAdditional Service Creditshall be discretionary with the Council in accordance with Government Code Section 20903. 21.1.3 The City's contract with CalPERS shall include the Employer-Paid Member Contribution in base pay during the final compensation period. '21.2. Health Insurance During Retirement Beginning with the first month after retirement, for Association employees who had at least twenty(20)years of service with the City of Azusa, and who enroll or continue in the City's health insurance program, the City will reimburse monthly the amount of one-half('/)of the premiums for such health insurance,regardless of how many family members are enrolled. In the event that the employee is single or widowed, and has no dependents, the City's contribution shall be equal to 100%of such premium. In the event that the employee passes away and is survived by an eligible spouse,the benefit shall continue. But, if the employee passes away and has no surviving 14 MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2011 spouse the benefit shall not carryover to the surviving dependents. This plan shall remain in effect until the retiree, or eligible spouse, passes away,whichever occurs later. Otherwise the benefit shall terminate. Once an individual has qualified for this provision, he or she shall retain this eligibility. The minimum contribution (currently$16 per month) that the City pays directly to CalPERS shall be considered to be part of the portion paid by the City. 22. TUITION REIMBURSEMENT 22.1. Objective The tuition reimbursement program is designed to encourage employees to continue their self-development by enrolling in approved classroom courses, which will: 22.1.1 Educate them in new concepts and methods in their occupational field and prepare them to meet the changing demands of their job. 22.1.2 Help prepare them for advancement to positions of greater responsibility in the City of Azusa. 22.2 Eligibility 22.2.1. All regularly appointed employees are eligible to receive tuition reimbursement. Courses must commence after appointment and be in excess of the educational standards for the position. An example of this would be job-related college or university courses when the specification for the classification calls for high school graduation. 22.2.2. Courses must be (except where noted below in paragraphs 21.3.3. and 21.3.4.) traditional classroom courses taken at colleges or universities and approved by the Western Association of Schools and Colleges. Distance learning classes offered by such colleges and universities shall be covered by this provision. Credits given for non-classroom assignments such as life experience, military training, and professional training are not reimbursable. 22.2.3. Coursework must be related to the employee's current occupation or to a City classification to which the employee may reasonably expect promotion. 22.3. Courses may be eligible if they: 22.3.1. Are above the educational requirements of the position as noted in the position specification and are not taken to acquire skills, knowledge and abilities which the employee was deemed to have when appointed the position. 22.3.2. Do not duplicate training which the employee has already had or which is to be provided in- house. 22.3.3. Do not duplicate previously taken courses unless special approval has been granted by the department head and the Human Resources Division. 22.3.4. Are required for the completion of the pre-approved job-related major. An example would be general education or elective requirements for the major as stated in the school catalog. Remedial courses or those taken as required for a non-approved major shall not be eligible. 22.3.5. Are not taken on City time and must be certified that they are taken on the employee's off-duty time. 22.3.6. Are part of a bona-fide curriculum of the study of the Spanish language. 22.3.7. Have been approved by the Department Head before commencement of the class. 22.4. Reimbursement 15 MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2011 22.4.1. The City shall reimburse employees for tuition, registration fees and texts required for the eligible courses. Expenses for parking, travel, and meals, processing fees, transcript fees, materials and any other costs are not reimbursable. 22.4.2. Employees shall be reimbursed up to the dollar amount charged for the same number of units per term by California State University system. 22.4.3. In order to be reviewed,each application must state exactlywhich units or credits the employee is applying for and whether the courses submitted are core courses or recommended electives for the approved major. 22.4.4. Reimbursement shall be made upon completion of the course with a minimum final grade of "C"or its equivalent, i.e.,a pass in a pass/fail course will be considered equivalent to a"C. No reimbursement shall be made for audited or incomplete courses. 22.4.5. Employees must submit from the attendant institution an original certification of fees paid and grade achieved in order to have their application considered for reimbursement. These documents must accompany the reimbursement application form in order to be processed. 22.4.6. Application for reimbursement must be submitted within three months of the completion of the approved course in order to be considered for reimbursement. 22.4.7. Upon termination from employment,employees shall be required to reimburse the City for any funds received under this program for courses completed during the last twenty-four months of employment. This payback provision does not apply to employees laid off by the City or who separate as a result of a City/departmental reorganization. 23. FLEXIBLE STAFFING POSITIONS The following classifications shall be incorporated into a "Flexible Staffing" pattern. Police Records Specialist I, II & III The "I" classification is an apprentice classification. Employees in this classification shall be promoted (on probationary status)to the"II"classification upon successful completion of one(1)year of service at the fifth(5th) salary step. Employees in the "II" classifications shall be promoted (on probationary status) to the "III" classifications upon successful completion of one(1)year of service at the fifth(5th)salarystep and when, in the opinion of the Department Head, the employee has retained the practical knowledge of the performance of all facets of the duties required of the"III"classification. In the event that the employee is not promoted as described above, he or she shall be presented in writing the reason(s)for the denial of the promotion,and a list of the area(s) of which the employee has insufficient knowledge to achieve the promotion. Nothing in this article shall preclude management from promoting a qualified employee to a higher step/classification in their flex series. 24. JOB SHARING 24.1 Job Sharing Definition: Bifurcation of the job duties(essential functions)of a full-time classification into two equal ''/2-time jobs that total full-time work, generally 40 hours per week, 52 weeks per year. 24.2 Benefits: A Job Sharing Employee shall receive, as applicable,benefits on the basis of one-half the rate accorded to comparable full-time employees. No other method of pro-ration shall apply.For benefits that have a time or service requirement to qualify to receive them, a year shall be defined as successful completion of 2080 hours of service. Under Job Sharing,this will generally be 104 weeks at 20 hours per week. 24.3 Job Sharing Employee: One of a pair of employees, each of whom job shares by performing one-half of the essential functions of a full-time classification and who works ''/z of the hours of the full-time class, generally 20 hours per week, 52 weeks per year. 16 MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2007 THROUGH JULY 31, 2011 24.4 Layoff. In case of layoff under Rule 13.2.2, of the Rules of the Civil Service System, Job Sharing Employees would be considered for layoff after permanent part-time but before permanent full-time employees. 24.5 If one of the counterparts of a shared job leaves his or her position, the City shall offer to the remaining counterpart the opportunity to attain full-time status as a probationer. If declined,the City shall recruit for another counterpart. One counterpart shall not be laid off solely due to the departure of the other. 24.6 Resumption of Full-Time Status. If a Job Sharing Employee wishes to resume full-time work with the City, he or she shall seek reassignment or transfer to a full-time position. Should the employee's department be unable to effect such reassignment,the employee shall seek a transfer as prescribed under the Civil Service Rules. 24.7 Involuntary Conversion to or from Job Sharing Status. Neither Management nor Employees shall convert full-time positions tojob-sharing positions,or the converse,without first consulting with the other party. If both parties are in agreement, as well as the affected employees,the decision shall be memorialized via Personnel Action Request forms. 24.8 Salary Anniversary Date. If an employee's appointment to a Job Sharing position is either as a new hire or by promotion, the salary anniversary date shall be defined as that date which occurs upon successful completion of 2080 hours of service,generally 104 weeks at 20 hours per week. Such employees maybe considered for a merit increase after successful completion of 1040 hours of service,generally 52 weeks at 20 hours per week. Subsequent salary anniversary dates shall be defined as those dates,which occur upon completion of 2080 hours of service, generally 104 weeks at 20 hours per week. If an employee's appointment to a Job Sharing position is not a new hire or promotion,the salary anniversary date shall be 'based on his or her prior service, in accordance with the Civil Service Rules. 25. POLICIES The City shall establish an ad hoc committee consisting of management representatives and a representative of each employee organization to discuss and develop the following policies: Donation of Sick Leave Reasonable Suspicion Drug and Alcohol Testing Attendance Family Medical Leave Pregnancy Disability Leave 26. LAYOFF The City agrees that in the event employees represented by the Association are laid off from their employment, a minimum of forty-five(45)calendar days notice will be given to each individual affected employee. Such notice shall be in writing and signed by an appropriate management employee. 17 MEMORANDUM OF UNDERSTANDING CIVILIAN ASSOCIATION OF POLICE PERSONNEL 8-1-2007 through 7-31-2011 CIVILIAN ASSOCIATION OF POLICE PERSONNEL Tamara Patlogar, President DATE Catherine Contreras, Vice President DATE Debbie Ursua, Secretary DATE Sandra Willison, Treasurer DATE Jennifer Tang, Membership DATE CITY OF AZUSA Sonia Carvalho, Best Best& Krieger DATE Fran Delach, City Manager DATE Robert Person, Assistant City Manager DATE Kermit Francis, Interim Director of Human Resources DATE f INDEX Additional Compensation/Premium Pay(5) Automatic Payroll Deposit(4) Bereavement Leave(9) Bilingual Pay(5) City Rights(2) Conformance with Rules(3) Meet and Confer(3) Compensatory Time(6) Cost of Living Increases(4) Court Time(5) Damage to Personal Effects(7) Deferred Compensation (5) Employee Assistance Plan(7) Flexible Benefit Plan (7) Flexible Staffing Positions(16) Floating Holidays (9) Holidays (9) Home Exercise Equipment Loan Program (7) Implementation(1) Industrial Leave (10) Job Sharing (16) Leave Types(9) Bereavement Leave (9) Holidays (9) Industrial Leave(10) Sick Leave(11) Vacation Leave(13) License Renewal (14) Life Insurance (14) Long Term Disability Insurance (14) Longevity Pay(5) Maintenance of Existing Benefits (1) Management Rights (2) Non-discrimination (1) Anti-discrimination (1) Protection of Rights(1) Overtime Meal Policy(6) Overtime/Compensatory Time(6) Policies(17) Reopener(2) Retirement(14) Health Insurance During Retirement (14) Optional Benefits (14) Salary(4) Cost of Living Increases(4) Market Adjustment(4) Salaries Effective 08-01-2007 Savings Clause(2) Shift Differential (6) Sick Leave(11) Accrual and Use(12) Conversion Deadline.(13) Conversion to Cash upon Retirement or Separation (.12) Conversion to Service Credit upon Retirement(13) One-fourth Conversion (12) One-third Conversion (12) Reasons for Use of Sick Leave (11) Restrictions on Sick Leave(12) Sick Leave During Vacation (12) Term (1) Total Compensation (2) Training Pay(7) Tuition Reimbursement(15) Eligibility(15) Eligible Courses (15) Objective(15) Reimbursement(16) Uniform Allowance (7) Vacation Leave (13) Accrual(13) Cash-in Policy(13) Required Usage and Carryover(13) Workweek and Timekeeping Interval (3) Timekeeping Interval (4) Workday(4) Workweek (3) EXHIBIT A MEMORANDUM OF UNDERSTSNDING, CAPP AUGUST 1, 2007 THRU JULY 31,2011 Effective August 1,2007,the base monthly salary shall be as follows: Classificatiom Barg Unit Range 1 2 3 4 5 COMMUNITY SERVICE OFFICER ICAPP 19164 3,407.05 3,569.60 3,740.31 3,919.51 4,107.73 COMMUNITY SVC OFFICER FIELD CAPP 9170 3,577.41 3,748.08 3,927.33 4,115.50 4,313.11 POLICE DISPATCHER CAPP 9164 3,489.35 3,655.82 3,830.66 4,014.19 4,206.95 POLICE RECORDS SPECIALIST I CAPP 9140 2,716.40 2,844.41 2,978.87 3,119.99 3,268.21 POLICE RECORDS SPECIALIST II CAPP 9150 2,984.26 3,125.72 3,274.19 3,430.11 3,593.82 POLICE RECORDS SPECIALIST III CAPP 9160 3,256.79 3,419.61 3,590.60 3,770.12 3,958.64 Cost of Living 3.5% Police Dispatcher:3.5%Cost of Living plus 2.5% Market Adjustment for a total of 6% Effective August 1,2008,the base monthly salary shall be as follows: Classificatiom Barg Unit Range 1 2 3 4 5 COMMUNITY SERVICE OFFICER ICAPP, 19164 3,526.30 3,694.54 3,871.22 4,056.69 4,251.50 COMMUNITY SVC OFFICER FIELD CAPP 19170 1 3,702.62 -3,879.26 4,064.79 4,259.54 4,464.07 POLICE DISPATCHER CAPP 9164 3,663.82 3,838.61 4,022.19 4,214.90 4,417.30 POLICE RECORDS SPECIALIST I CAPP 9140 2,811.47 2,943.96 3,083.13 3,229.19 3,382.60 POLICE RECORDS SPECIALIST II CAPP 9150 3,088.71 3,235.12 - 3,388.79 3,550.16 3,719.60 POLICE RECORDS SPECIALIST III CAPP 19160 1 3,370.78 3,539.30 3,716.27 3,902.07 4,097.19 Cost of Living 3.5% Police Dispatchers: 3.5%Cost of Living plus 1.5%Market Adjustment for a total of 5% Effective August 1, 2009,the base monthly salary shall be as follows: ' Classificatiom Barg Unit Range 1 2 3 .4 5 COMMUNITY SERVICE OFFICER CAPP 9164 3,649.72 3,823.85 4,006.71 4,198.67 4,400.30 COMMUNITY SVC OFFICER FIELD CAPP 9170 3,832.21 4,015.03 4,207.06 ,4,408.62 4,620.31 POLICE DISPATCHER CAPP - 9164 3,810.37 3,992.15 4,183.08 4,383.50 4,593.99 POLICE RECORDS SPECIALIST I CAPP 9140 2,909.87 3,047.00 3,191.04 3,342.21 3,500.99 POLICE RECORDS SPECIALIST II CAPP 9150 3,196.81 3,348.35 3,507.40 3,674.42 3,849.79 POLICE RECORDS SPECIALIST III CAPP 9160 3,488.76 3,663.18 3,846.34 4,038.64 4,240.59 Cost of Living 3.5% Police Dispatcher: 3.5%Cost of Living plus 0.5% Market Adjustment for a total of 4% . . Effective August 1,2010,the base monthly salary shall be as follows: Classificatiom Barg Unit Range - 1 2 3 4 5 COMMUNITY SERVICE OFFICER CAPP 19164 3,777.46 3,957.68 4,146.94 4,345.62 4,554.31 COMMUNITY SVC OFFICER FIELD CAPP 9170 3,966.34 4,155.56 4,354.31 4,562.92 4,782.02 POLICE DISPATCHER CAPP 9164 3,943.73 4,131.88 4,329.49 4,536.92 4,754.78 POLICE RECORDS SPECIALIST I CAPP 91403,011.72 3,153.65 3,302.73 3,459.19 3,623.52 POLICE RECORDS SPECIALIST II CAPP 9150 3,308.70 3,465.54 3,630.16 3,803.02 3,984.53 POLICE RECORDS SPECIALIST III CAPP 9160 3,610.87 3,791.39 3,980.96 4,179.99 4,389.01 Cost of Living 3.5% Attachments: Contract Request for Qualifications (approved by City Council 1/7/08) Letter sent with RFQ packages (mailed 1/17/08) List of caterers receiving RFQ package through direct mail - Azusa Woman's Club Catering History Report (submitted to City Council 9/4/07), Cc: Joe Jacobs,. Director of Recreation &Family Services • 1 y; CII i CONTRACT SERVICES AGREEMENT HALL RENTAL/CATERING SERVICES FOR AZUSA WOMAN'S CLUB THIS AGREEMENT (hereinafter the "Agreement" ) is made this day of 2008, (the "Effective Date") by and between the CITY OF AZUSA, a California municipal corporation (the "City") and (the "Contractor"). The City and the Contractor are sometimes hereinafter referred to as "Party" and hereinafter collectively referred to as the "Parties". RECITALS A. The Contractor desires and intends to perform and assume responsibility for the provision of certain services, as hereinafter described, on the terms and conditions. set forth herein. B. The City desires and intends to contract for such services on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the City and the Contractor agree as follows: SCOPE OF SERVICES AND OPERATIVE PROVISIONS SECTION 1 ENGAGEMENT AND SERVICES OF THE CONTRACTOR I . Engagement of Contractor. The City hereby engages the Contractor, subject to the terms and conditions set forth in this Agreement, to perform the services set forth in Section IV (the "Services"). The Contractor agrees to perform the Services in accordance with the terms and conditions of this Agreement. 2. Performance of the Contractor. The Contractor accepts the relationship of trust and confidence established between the City and the Contractor by the terms of this Agreement. The Contractor covenants with the City to furnish its best skill, judgment and efforts and to cooperate with the City in the performance of the Services. 3. The Contractor's Personnel. The Contractor shall provide adequate and experienced administrative and management personnel to perform the Services. _ f _ 4. The Contractor's Responsibilities for Costs and Expenses. The Contractor shall be responsible for all costs and expenses incurred relative to his/her employees in connection with the performance of the Services, including, without limitation, payment of salaries, fringe benefit contributions, payroll taxes, withholding taxes and other taxes or levies. Telephone and document reproduction expenses may be shared with the City. The Contractor will share the expense of telephone directory advertising with the City. SECTION 11 RESPONSIBILITIES OF THE CONTRACTOR i . Personnel. The Services shall be performed by Contractor or under his/her supervision. The Contractor represents that it possesses the professional and technical personnel required to perform the Services. The City retains the Contractor on an independent contractor basis and the Contractor is not an employee of the City. Personnel performing the Services on behalf of the Contractor shall at all times be under the Contractor's exclusive direction and control. The Contractor shall pay all expenses in connection with the performance of the Services including, without limitation, salaries, fringe benefit . contributions, payroll taxes, withholding taxes and other taxes or levies and all other amounts due such personnel, or due others as a result of the connection with their performance of the Services. 2. Cooperation/Project Administrator. The Contractor shall work closely and cooperate fully with the City's designated Project Administrator. This Agreement will be administered on behalf of the City by the Project Administrator. The Project Administrator, or his/her designee, shall be the principal officer of the City for liaison with the Contractor, and shall review and give approval to the details of the Services as they are performed. The City designates Heath Hamilton, Recreation Superintendent/Senior Services as its Project Administrator; but reserves the right to appoint another person as Project Administrator upon written notice to the Contractor. 3. Time of Performance. The Contractor shall perform the Services in a timely manner in accordance with direction from the Project Administrator. 4. City Policy. The Contractor shall discuss and review all matters relating to the Services with the Project Administrator in advance of all critical decision points in order to ensure that the Services proceed in a manner consistent with the goals and policies of the City. 5. Conformance to Applicable Requirements. All aspects of the provision of the Services by the Contractor shall at all times conform to applicable city, county, state, and federal requirements and be subject to approval of the Project Administrator and the City. - 2 - 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its elected officials, officers, employees and agents against, and will hold and save them and each of them, harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm entity, corporation, political subdivision or other organization arising out of or in connection with the provision of the Services by the Contractor, operations or activities of the Contractor, its agents, employees or subcontract provided for herein, whether or not there is concurrent passive or active negligence on the part of the City, its elected officials, officers, agents or employees (but excluding such actions, claims, damages to persons or property, penalties, obligations or liabilities arising from the sole negligence or willful misconduct of the City, its elected officials, officers, agents, servants or independent contractors who are directly responsible to the City) and in connection therewith: A. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorney's fees incurred in connection therewith. B. The Contractor will promptly pay any judgment rendered against the Contractor or the City covering such claims, damages, penalties, obligations or liabilities arising out of connection with such Services, operation, or activities or the Contractor hereunder; and the Contractor agrees to save and hold the City harmless therefrom. C. In the event the City is made a party to any action or proceeding filed or prosecuted against the Contractor for such damages or other claims arising out of or in connection with the work, operations or activities of the Contractor hereunder, the Contractor agrees to pay to the City any and all costs and expenses incurred by the City in such actions or proceedings, together with reasonable attorney's fees. 7. Standard of Care. Licenses. The Contractor represents and warrants that it shall keep in effect all appropriate licenses, permits and other approvals during the term of this Agreement. 8. Insurance. Without limiting the Contractor's indemnification of the City, the Contractor shall obtain and maintain at its own expense at all times during the term of this Agreement a policy or policies of liability insurance of the type and amounts described below and satisfactory to the City, in its sole and absolute discretion. Such policies shall be signed by a person authorized by the insurer to bind coverage on its behalf, and certificates evidencing such insurance must be filed with the City prior to exercising any right or performing the Services - 3 - under this Agreement. Said policies shall add as insured the City, its elected officials, officers, employees and agents for liability rising from the Contractor's services as described herein: A. Prior to the commencement of the Services, the Consultant shall provide to the City certificates of insurance with original endorsements, and copies of policies, if requested by the City, of the following insurance, obtained from carriers rated in Best's Rating Report as Class A or better. 1 . Workers' Compensation Insurance covering all employees and principals of the Contractor, in a minimum amount Of $1 ,000,000 per accident, effective per the laws of the State of California. 2. Commercial General Liability insurance covering third party liability risks, including without limitation contractual liability, in a minimum amount of $1 ,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit. 3. Commercial Automobile Liability and Property Insurance covering any owned and rented vehicles of Contractor in a minimum amount of $1 ,000,000 combined single limit per accident for bodily injury and property damage. B. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or insurance reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to the City. The Contractor shall give to the City prompt and timely notice of all claims made or suits instituted arising out of or related to the Services or the Contractor's performance hereunder. The Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance which in it own judgment may be necessary for it proper protection and performance of the Services. C. The Contractor shall include subcontracting consultants, if any, as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for each subcontractor shall be subject to the requirements stated herein. - 4 - 9. Progress. The Contractor shall keep the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status of Services, activities performed and planned hereunder. 10. Scheduling. The Contractor shall book a minimum of thirty-five (35) weekend evening events at the Azusa Woman's Club. The calendar shall be coordinated to allow for certain weekend evening events organized by the City and non- profit organizations. SECTION III SPECIFIC ADDITIONAL RESPONSIBILITIES OF CITY 1 . The City shall work with Contractor to coordinate scheduling and payments for set up and clean up for events which Contractor has booked under the guidelines of this agreement. 2. The City shall pay utility bills/phone bills/Health Department License, and other fees or bills currently associated with the expenses of the Woman's Club facility. 3. The City shall maintain the exterior grounds and continue to complete interior maintenance as needed and in cooperation with the Contractor. 4. The City shall make appropriate referrals to Contractor to maximize schedule of booked events benefiting both parties. 5. The City will continue to work with non-profit organizations to hold events at the Woman's Club. A minimum number MAY be allowed on Saturday evenings. 6. The City will coordinate with Contractor regarding specific dates desired to be available for City and/or non-profit organization events. SECTION IV SPECIFIC ADDITIONAL RESPONSIBILITIES OF THE CONTRACTOR I . The Contractor shall target to guarantee to schedule a minimum of thirty-five (35) evening events per City Council approved fee schedule. Such guarantee includes "showing' the facility and working with prospective renter to create a package of services that may be offered by the Contractor. 2. The Contractor shall forward the facility rental check made payable to "The City of Azusa" to the Project Administrator and/or his/her duly appointed designee. 5 - 3. Any and all Service Packages offered by the Contractor shall be separate from the Hall Rental Agreement with payment for such services being made directly to the Contractor. 4. Contractor's Service Package(s) shall be reviewed and approved by City prior to being offered to potential clients. 5. At least one Service Package offered by the Contractor will include a Mexican style menu. At least one Service Package offered by the Contractor will include a Country BBQ style menu. 6. Contractor shall provide appropriate staff for all events scheduled by Contractor. Staffing shall include setup, teardown, and clean up of the Woman's Club facility, leaving the facility ready for the next event. Staffing shall include appropriate security for the events. (if separate Security Guards are hired when alcohol will be part of an event, the Security Company must be in a possession of a current City Business License). Security requirement is identified in City Municipal Code section 18-375. 7. Coordinate with Project Administrator to share advertising expenses in an amount not to exceed $1,500 total annually to promote rentals via Yellow Pages advertising, brochures, etc. 8. Contractor may and is encouraged to maintain regular office hours in the Azusa Woman's Club in order to show the facility, book reservations and plan events which will take place in the Azusa Woman's club with customers and potential customers. 9. Contractor shall be able to repair, replace, or augment furnishings and/or amenities as needed to maintain a high level of service to customers. Project Administrator must approve all changes/additions in advance. 10. Contractor shall maintain at own expense a phone line on the premises for business use. Contractor will be responsible for monthly phone bills. 11 . Contractor agrees to provide free catering services for one mutually agreed upon City sponsored (or staff) event annually. 6 SECTION V GENERAL PROVISIONS I . Term. This Agreement shall commence on March 1, 2008 and terminate on February 28, 2011 unless terminated sooner in accordance with the terms of this Agreement. At the end of this term, said contract may be extended, renewed, or renegotiated by mutual agreement. 2. Subcontractor. The Contractor shall not subcontract any portion of the services except as expressly stated .herein, without prior written consent of the City. Subcontracts, if any, shall contain a provision making them subject all provisions stipulated in this Agreement. - 7 - 3. Notices. All notices required hereunder shall be given in writing to the following address or such address as the parties may designate by written notice: To The City: Heath Hamilton Recreation Superintendent/Senior Services Azusa Senior Center 740 N. Dalton Avenue Azusa, CA 91702 To Contractor: 4. Attorney's Fees and Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of the Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled. 5. Entire Agreement. This Agreement contains the entire agreement of the City and the Contractor and supersedes any prior verbal or written statements or agreements between the City and the Contractor. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both parties. 8 IN WITNESS WHEREOF, the parties hereto have accepted and made and executed this Agreement upon the terms, conditions, and provisions set forth above as of the Effective Date. °CITY" "CONTRACTOR" By: By: Mayor, City of Azusa Title: Date: Date: ATTEST: By: BY: City Clerlc,.City of Azusa Title: Date: APPROVED AS TO FORM: City Attorney 9 THE CITY OF AZUSA NOTICE INVITING SEALED QUALIFICATIONS FOR PROFESSIONAL HALL RENTAL/CATERING SERVICES FOR AZUSA WOMAN'S CLUB NOTICE IS HEREBY GIVEN that separate sealed Qualifications will be received at the City Clerk Office, 213 E. Foothill Blvd., Azusa, CA 91702, phone number (626) 812-5229 until 10:00 a.m. on Thursday, Tebruary28, 1008 at which time they will be given to staff to review for provision of the following: CONTRACTING OF RENTALS/CATERING SERVICES FOR THE AZUSA WOMAN'S CLUB Detailed information and specifications may be obtained from Heath Hamilton, Recreation Superintendent/Senior Services at the Azusa Senior Center, 740 N. Dalton Avenue, Azusa, CA 91702, and phone number (626) 812-5204. Said specifications, proposal forms and contract documents are hereby referred to and incorporated herein, and made a part hereof by reference and all proposals must strictly comply therewith. All proposals must be on forms furnished by the City of Azusa, sealed and clearly identify the proposal title, proposer name, and address. The City of Azusa reserves the right to reject any and all proposals and to waive minor irregularities, or disqualify any proposals that contain false or misleading information, accept any proposals or portion thereof, and to take all proposals under advisement for a period of thirty (30) days. No bid surety is required. The City of Azusa hereby notifies all proposers that it will affirmatively ensure that in any contract entered into pursuant to this invitation will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for the award. All persons responding to this invitation shall be aware that their proposals are deemed public records and may be subject to disclosure upon request. CITY OF AZUSA A pre-bid meeting will be held on Tuesday, January 29, 2008 at 10:00 a.m. at the Azusa Woman's Club, 1003 N. Azusa Avenue, Azusa, CA 91702. Attendance is required. DATED: January 7, 2008 PUBLISH: January 14, 2008 CLOSING: February 28, 2008 - 1 - r INSTRUCTIONS TO BIDDERS - 2 - INSTRUCTIONS TO BIDDERS NOTICE TO BIDDERS The City of Azusa ("City") is seeking qualified proposals from entities willing to coordinate rental schedule and catering service at the Azusa Woman's Club at 1003 N. Azusa Avenue. The caterer must be capable of offering guidance and additional services to the renter to enhance their special day. The hall shall be rented per City Council guidelines and approved fee schedule with a check for said rental being made payable by the renter to "The City of Azusa" for use of the hall. Additional services offered by this coordinator will be contracted separately by the coordinator according to packages approved by City Staff and with their knowledge. Qualified proposals will be rated on a point value with strong consideration being placed on similar experience. The City is seeking to select a contractor to serve the City for a three (3) year term that may be renegotiated for two (2) extensions of one (1) year each. The City Council shall decide in its sole and absolute discretion whether to grant a Contract, at all, even if there are one or more qualified bidders. The City shall have the sole and absolute discretion to determine whether it will subsequently seek future bids for coordinating the rentals of the Azusa Woman's Club. CONTRACT TERMS AND CONDITIONS In granting any facility contract the contractor must agree to enter into a contract agreement and comply with the Municipal Code of the City of Azusa ("City Code") as a condition of receiving.the contract. Copies of these items are included with this package. The City reserves the right to reject any and all proposals and to waive minor irregularities, or disqualify any proposal that contains false or misleading information. LICENSES AND PERMITS The contractor must comply with all terms and conditions of Article 1 of Chapter 18 of the City Code. In particular, the contractor must comply with all city or county and state standards and must, at the time it makes a proposal to the City and throughout the time that the contractor provides coordination services to the City, possess all other permits, or licenses required by the City or any other local county, state or federal agency to operate its facility rental/catering business set forth in Article 1 of Chapter 18 of the City Code or the terms and conditions outlined in these "Instructions to Bidders". - 3 - INTERPRETATION OF PROPOSAL AND DOCUMENTS If any person contemplating submission of a proposal for the contract is in doubt as to the true meaning of any part of the scope of services, or other proposed contract documents, or finds discrepancies in, or omissions from the proposal, he/she may submit to Heath Hamilton, Recreation Superintendent/Senior Services, a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed document shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The City will not be responsible for any other explanation or interpretation of the proposed documents. LEGAL RESPONSIBILITIES All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to proposals for contracts of this nature whether the same are expressly referred to herein or not. Any person submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in scope of services, contract documents, and to full compliance therewith. DELIVERY OF PROPOSAL Proposals may be mailed or delivered by messenger. However, it is the proposer's responsibility alone to ensure delivery of the proposal to the hands of the City Clerk prior to the proposal opening hour stipulated in the "Notice Inviting Sealed Qualifications". Late proposals will not be considered. Proposals shall be enclosed in a sealed envelope plainly marked on the outside "Azusa Woman's Club Rental/Catering Service" and delivered to the City Clerk's office at 213 E. Foothill Blvd. Azusa, CA 91702. WITHDRAWAL OF PROPOSALS A proposal may be withdrawn by a written request signed by the proposer. Such request must be delivered to the City Clerk prior to the proposal opening hour stipulated in the "Notice Inviting Sealed Qualifications". The withdrawal of a proposal will not prejudice the right of the proposer to submit a new proposal, providing there is time to do so. AWARD OF CONTRACT Issuance of the Request for Qualifications and receipt of proposals does not commit the City to award a contract. The City reserves the right to reject any or all proposals, to accept any proposal or portion thereof, to waive any irregularity, or disqualify any proposal that contains false or misleading information, and to take the proposals under advisement for the period of time stated in the "Notice Inviting Sealed Qualifications", all as may be required to provide for the best interests of the City. In no event will an award be made until all - 4 - necessary investigations are completed as to the responsibility and qualifications of the proposer to whom the award is contemplated. ADDENDA OR BULLETINS All proposers are advised as to the possibility of issuance of addenda affecting the items, scone or quantity of work required for this service. Each proposer shall be fully responsible for informing themselves as to whether or not any such addenda have been issued. The effect of all addenda to the contract documents shall be considered in the proposal, and said addenda shall be made a part of the contract documents and shall be returned with them. Failure to cover in the proposal any such addenda issued my render the proposal irregular and may result in its rejection by the City. INSURANCE Prior,to the commencement of the Rental/Catering Services, the contractor shall provide to the City certificates of insurance with original endorsements, and copies of policies, if requested by the City, of the following insurance, with Best's Rating Report Class A or better carriers: (1) Worker's compensation insurance covering all employees and principals of the Franchisee, in a minimum amount of $1,000,000 per accident, effective per the laws of the State of California. (2) Commercial general liability insurance covering third party liability risks, including without limitation contractual liability, in a minimum amount of $1 ,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. Or commercial liability insurance of other form with a general aggregate limit. (3) Commercial automobile liability and property insurance covering any owned and rented vehicles of contractor in a minimum amount of $1 ,000,000 combined single limit per accident for bodily injury and property damage. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after thirty (30) days prior notice has been given in writing to the City. The contractor shall give to the City prompt and timely notice of any claim made or suit instituted arising out of the contractor's operation hereunder. - 5 - REFERENCES To verify stated qualifications, the contractor must provide three (3) written references and an additional three (3) telephone contact references with proposal. EVALUATION AND SELECTION PROCESS In the event of a tie, the Recreation Superintendent/Senior Services shall recommend the proposer with the most continuous years of comparable service. Proposals shall be rated according to their completeness and scored using the Caterer Qualification Rating Chart. CATERER QUALIFICATION RATING CHART CATEGORY POINTS AVAILABLE POINTS AWARDED Years of Operation (total) 10 Reference Requirement 10 Proofs of Insurance 5 Proof of Business License 5 Sample Service Package 5 (including sample menu) TOTALS 35 6 - PROPOSAL DOCUMENTS _ 7 _ CITY OF AZUSA PROPOSAL RESPONSE FORM FOR CONTRACTING OF RENTALS/CATERING SERVICES FOR THE AZUSA WOMAN'S CLUB Bidders are required to complete all required pages and return the proposal packet in a sealed envelope, plainly marked on the outside "RENTALS/CATERING SERVICES FOR THE AZUSA WOMAN'S CLUB" to the City Clerk's Office, 213 E. Foothill Blvd., Azusa, California by not later than 10:00 a.m. on Thursday, February 28, 2008. TO: CITY OF AZUSA FROM: Company Name Address Phone Number Fax Number Authorized Signature Title Print Name Date Contact Person Federal Tax Identification Number Bidder acknowledges by signature and agrees to be bound by the terms and conditions set forth in the proposal documents. Failure to comply with the aforementioned may result in disqualification of the proposal. The above-signed agrees to provide a service to the City of Azusa for RENTALS/CATERING SERVICES FOR THE AZUSA WOMAN'S CLUB with the conditions set forth in the attached documents in detail without exceptions other than by mutual agreement. _ 8 _ PROPOSAL DOCUMENTS REQUIRED ATTACHMENTS ] . Proposal Response Form 2. Declaration of years of continuous operation under current name and past names 3. Three (3) written references and three (3) telephone references including contact names 4. Proofs of insurance requirements (copies of certificates are sufficient proof at time of proposal) 5. Copy of business license (permit to operate in City of Azusa required at time of contract inception for selected contractor) 6. Sample Service Package demonstrating the type of food, beverage and amenities that may be provided by the contractor when working with prospective customers - 9 - January 14, 2008 Dear Sir or Madam: The City of Azusa Recreation & Family Services Department invites your organization to submit your statement of qualifications to be considered for the contracting of rentals and catering services for the Azusa Woman's Club. The Azusa Woman's Club building is a city-owned and operated banquet and reception hall. Enclosed in this packet you will find the Notice Inviting Sealed Qualifications for Professional Hall Renta//Catering Services for Azusa Woman's Club which lists all of the requirements and guidelines you need to submit your organization for consideration. If you have any questions, please feel free to contact me at (626) 812-5205. Thank you, Heath Hamilton Recreation Superintendent Caterers Which Received RFQ for Azusa Woman's Club The Bashful Butler *Chef D-�,e 124 E. Santa Fe Ave. 325 I ^r'^'"' - , Azusa, CA 91702 SAR Dimas CA, 91773 626-445-5656 909 592�06� The Fun Company by Awesome Simply The Best Inc. Events 210 W. Arrow Highway 207 N. Aspan Ave. Suite #6 San Dimas, CA 91773 Azusa, CA 91702 909-394-1782 *v.,, r Day or,,.a ,.f•,,R Le Grand Garson 569 E. FGE)thAl . 325 E. Arrow Highway #503 Azusa, CA 91702 San Dimas, CA 91773 626 633 1138 909-394-4548 Ritz Catering . 417 B West Foothill Blvd. #159 3833 SGhaefer n„o # Glendora, CA 91741 GhbRe, CA 91710 626-335-1130 909 464 gig Burgundy Rose Catering *13lak,'s Place Gaf” & Gaf^^^^ 128 S. San Jose Ave. 5670 Sehaef„r Ave. f+n Covina, CA 91723 GhiRE), CA 9 1710 626-915-7066 ono 902222 Continental Catering Little Weady's GateF,.,,, cer,,% 316 W. Alosta Ave. Ton Bog DaherAve. Glendora, CA 91740 La Puente, CA 91746 626-914-4412 626 339 0969 MOVED TO FONTANA Tastefully Yours 1423 E. Virginia Ave. Aramark Catering Glendora, CA 91741 1950 3`d Street 909-606-0220 La Verne, CA 91750 909-593-4110 139 W. Bonita Ave-. San Dimas rn 91773 909 592 0600 *Packages sent to addresses which are strask-thFOUgh were returned h3 pFaq?G _ U � i INFORMATION ITEM MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES VIA: F. M. DELACH, CITY MANAGER DATE: SEPTEMBER 4, 2007 SUBJECT: WOMAN'S CLUB REPORT AND CATERING HISTORY The following report details a brief history of the Azusa Woman's Club and the City of Azusa's relationship with the Bashful Butler, LLC as directed by Council on the meeting of July 16, 2007. The Azusa Woman's Club was formally given to the City of Azusa as a gift, in the form of a resolution, at the City Council meeting of February 19, 1980. During the next (18) years, the administration of the Woman's Club facility bounced from department.to department. This responsibility was shared by the then Parks and Recreation Department, City Administration, Library and Community Services Department and then again, the Recreation and Family Services Department. On July 19, 1998 the City Council approved an RFP for a contractor to coordinate the activities and rental of the Azusa Woman's Club. The RFP was based on the city's lack of resources and expertise to market, schedule, staff or maintain the facility. The contractor would in turn pick up all of these aforementioned areas in exchange for the right to exclusively market and cater the facility for all non-city related events (weddings, anniversaries, etc.) The city in return would receive 100% of the facility rental fees for those bookings; while not incurring any of the expenses related with the marketing, scheduling, staffing or maintenance of the facility during those bookings. On January 10, 2000, a contract services agreement was approved by City Council with the Burgundy Rose Social Caterers (AKA The Bashful Butler). The contractor was to book a minimum of 25 Saturday evening events at the Woman's Club, and also allowed for the coordination and calendaring for certain Saturdays for non-profit organizations and periodic city events. The contractor also agreed to provide free catering service for one city sponsored (or staff) event per year. On November 1 , 2000 the City Council renewed the agreement, extending it through October 31, 2003 with provisions for the contract to be extended twice for an additional one year term each time. The contract effectively has ceased October 31, 2005, though the relationship has extended through the present. In an effort to maximize the return to the city on any contractual agreement with a caterer, it may be best to issue another RFP for those services at this time. It is important to note however, that the relationship with the current caterer has been exemplary and revenue to the city during their tenure has never been greater. They have provided the following amenities and services at the facility as well during this period: a. Donated curtains and other such decor b. Provided padded and stackable chairs to the facility C. Remodeled storage room into brides room d. Took over all event set-up and custodial responsibilities In addition, please review the following list of some of the advantages to having a designated caterer such as Bashful Butler at the Azusa Woman's Club as assembled by liaison Recreation Superintendent Heath Hamilton and Office Specialist Jennifer Retana who cite, "We have been successful working with Bashful Butler over the years. This relationship has been beneficial to the City, Bashful Butler and the Azusa Woman's Club". List of Advantages • Bashful Butler books between 40 and 50 evening events at the Woman's Club each year, 100% of the rental fee is paid to the City. • Bashful Butler charges $500 per month to clean and maintain the Woman's Club. o The current fee from Comeland Services is $225 per event on a piece meal basis • Bashful Butler staff is available to show the Woman's Club to potential customers in the evening and on the weekends. o Because there are no City staff members assigned to the Woman's Club, showing the building after normal business hours is problematic for City staff. • Bashful Butler staff sets up and takes down for all events as part of the contract agreement o For City staff to set up and take down would involve at least two staff members working for approximately two hours for each set up and take down period at an average of $9.00 per hour: • 2 staff members x 4 hours x $9.00 per hour = $72.00. • Bashful Butler has a clear investment interest in the Woman's Club appearance and its functioning at a high level. o Bashful Butler is very conscientious about prompt notification regarding building issues, i.e., appliances, light fixtures and bulbs, air conditioning. o This gives the Facility Maintenance staff time to fix the problems before the next event, limiting after hours callouts of Facility Maintenance and other City staff. I would believe that Bashful Butler's investment in the facility and in the city as well (their offices and operation are housed out of 124 E. Santa Fe Ave., Azusa) would make them a player once again in any RFP. 1 do recommend that the City Council continue to work with a selected contractor however, regardless of the selection. The services provided and revenue generated to the city far outweigh the lack of resources and expertise that the city would inherit in reacquiring those responsibilities, in full, once again. Should you have any further questions, please feel free to let me know and 1 will secure any additional information as directed. Respectfully Submitted, )oejacobs Director of Recreation and Family Services Enclosure: Contract Brochure Resolution Request for RFP (1998) 07-081 iWi "OWN 10MMS v cruFoaT r CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY OUNCIL MEMBERS FROM: VERA MENDOZA, CIN CI:E e DATE: MARCH 17, 2008 SUBJECT: APPOINTMENT OF MAYOR PRO-TEM RECOMMENDATION It is recommended that the City Council appoint Council Member Angel Carrillo as Mayor Pro-Tem for the term of March 18, 2008 through March 16, 2009. BACKGROUND City of Azusa Resolution No. 97-051, establishes criteria for the selection of Mayor Pro Tem. In accordance with the Resolution the Council Member with the greatest seniority will be appointed to the position of Mayor Pro-Term. The successor Mayor Pro-Tem shall serve from March to March of each year and the successor shall be selected on the third Monday in March in even numbered years and the second Tuesday in March of odd numbered years. FISCAL IMPACT None. Prepared by C. Toscano, Assistant City Clerk Attachments: Resolution No. 97-051 Res 97-51 Mayor Pro-Tempdf RESOLUTION NO. 97—051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ESTABLISHING SELECTION CRITERIA AND A TERM FOR THE MAYOR PRO TEM BE IT RESOLVED by the City Council of the City of Azusa as follows: Section 1. The City Council hereby adopts the following mayor pro tem selection criteria and term of office: (1) The primary intent of this Resolution is to ensure that the City's mayor pro tem is selected on objective criteria. Criteria such as seniority and public support as expressed in the number of votes received in an election are to be used as the basis for selecting the mayor pro tem. It is the Council's intent to ensure that each council member serving on the Council receive the opportunity to serve as mayor pro tem at least once during his or her four-year term as a council member. (2) In March 1997, the mayor pro tem shall be that council member who has the greatest seniority based on the number of consecutive years of service on the Council and who received the highest number of votes in the March 1995 general City election. However, if this council member does not accept the nomination for mayor pro tem, the next council member with the most seniority shall be the mayor pro tem. The council member selected as the mayor pro tem in 1997 shall serve from the date he or she is selected by the City Council until the third Monday in March 1998, or until such time as his or her successor is selected by the City Council and RVPUBISRCU1156 accepts the office. (3) Beginning at the City Council meeting on the third Monday in March 1998, the mayor pro tem shall be that council member with the greatest seniority. However, if this council member does not accept the nomination for mayor pro tem, then the next most senior council member shall be mayor pro tem. However, if two council members have equal seniority, then that council member who received the highest number of votes in the March 1997 general City election shall be the mayor pro tem. The council member serving as mayor pro tem in 1998 shall serve from the date he or she accepts the nomination until the first Tuesday following the general City election in March 1999, or until such time as his or her_ successor is selected by the City Council and accepts the office. a (4) The successor mayor pro tem shall be the next council member with the greatest seniority. Ties between council members based on seniority shall be broken by that council member who received the highest number of votes in that election where the two senior council members were elected. (5) Successor mayors pro tem shall serve from March to March of each year and a new successor shall be selected on the third Monday in March in even numbered years and the second Tuesday of March in odd numbered years. Notwithstanding this, the mayor pro tem shall continue to serve until his or her successor takes office. RVPUB%SRC'21156 Section 2. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 21 day of April 1997. R I HEREBY CERTIFY that the foregoing Resolution 97-051.was duly adopted by the City Council of Azusa, at a regular meeting thereof, held on the 21 day of April 1997, by the following vote of the Council. AYES: COUNCIL MEMBERS: Hardison yStanf ord,RochaL BeebA7,Madrid NOES: COUNCIL MEMBERS: None j / 1 ABSENT: COUNCIL MEMBERS: None// ` CITY CLERK RVPUMSRC121156 U sr CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY,MARCH 3,2008—9:10 P.M. The Board of Directors of the Redevelopment Agency of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium, 213 E. Foothill Blvd.,Azusa CA. Chairman Rocha called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: DIRECTORS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA ABSENT: DIRECTORS: NONE ALSO PRESENT: Also Present General Counsel Carvalho,Executive Director Delach,Assistant Executive Director Person,City Department Heads,Secretary Mendoza, Deputy Secretary Toscano. IOINT CITY/AGENCY ITEMS Scheduled Items THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY TO Joint CRA/Cncl CONSIDER THE FOLLOWING: CONSIDERATION OF BUDGET APPROPRIATION AMENDMENTS AND LOAN ADVANCE FROM Appro Amend THE CITY TO THE REDEVELOPMENT AGENCY FOR ADMINISTRATIVE EXPENSES, PROPERTY Loan Advances ACQUISITIONS AND PROJECT-RELATED ACTIVITIES. Director of Economic and Community Development Coleman addressed the issue stating that in an effort to revitalize the Downtown areas there is a need for $11.000,000 loan which has been identified In an interest-bearing loan to the Redevelopment Agency from City and Rosedale Fund Reserves. The repayment date is November 30t°and the interest is 6.5%. After additional discussion,the following was approved: Director Hanks offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING A Res. 08-R9, LOAN FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED REDEVELOPMENT (Agency PROJECT AREA. Requesting Loan Moved by Director Hanks,seconded by Director Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Mayor Pro-Tem Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS FOR Res. 08-C 1 7, PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA. (City) authorizing loans Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mayor Pro-Tem Hanks offered a Resolution entitled: A RESOLUTION OF THE CIN COUNCIL OF THE CIN OF AZUSAAPPROVING APPROPRIATION Res. 08-C 18, AMENDMENTS FOR FISCAL YEAR 2007-08 PURSUANT TO SECTION 2-450 OF THE AZUSA (City)approving MUNICIPAL CODE. Appropriation Amendments Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Carrillo to waive further _ reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Director Hanks offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING Res. 08-R10, APPROPRIATION AMENDMENTS FOR FISCALYEAR 2007/08 PURSUANT TO SECTION 2-450 (!Agency) OF THE AZUSA MUNICIPAL CODE approving Appropriation Moved by Director Hanka,seconded by Director Carrillo to waive further reading and adopt. Amendments Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE CONSIDERATION OF QUIT CLAIMS FOR ASSESSORS PARCEL NUMBERS: 8608-028-904, Quit Claims 8608-028-903,8608-028-901,8608-028-905,8608-029-903,8608-029-900,COMMONLY Senior Center KNOWN AS A PORTION OF THE SENIOR CENTER AND THE SENIOR CENTER PARKING LOT Parking Lot FROM THE CITY OF AZUSA TO THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA. Redevelopment Director of Economic and Community Development Coleman addressed the item stating that this action does not entitle any project; the purpose of the quit claims are to enable the Agency to consolidate the parcels under one ownership so that future development of the - property may be considered; further,a public hearing process will be needed with all projects. Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Gonzales and unanimously Approved carried to authorize the City Manager to execute Quit Claims for six(6) City-owned parcels- (Assessors Parcel Numbers:8608-028-904,8608-028-903,8608-028-901,8608-028-905, 8608-029-903,8608-029-900) ("Subject Property")to the Redevelopment Agency of the City of Azusa ("Agency'). The Agency is seeking to assemble the parcels so that it may enable the redevelopment of the Senior Center Parking Lot into a first-class residential project,as part of the Foothill/Dalton project at a future time. - THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONTINUED AT 9:20 P.M. Cncl Recess CRA continued AGENCY SCHEDULED ITEMS Agency Sched Director Hanks and Director Gonzales left the dais and abstained from participation in the Hanka/Gonzales following item due to a conflict of interest. Both were selected by random ballot not to Abstained participate in the Amendment. - Resolutions RESOLUTIONS TO CONSIDER RECEIPT AND/OR APPROVAL OF THE FOLLOWING FOR THE ,Amendment AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS Merged CBD& DISTRICT AND WEST END REDEVELOPMENT PROJECT: (1) PRELIMINARY REPORT AND (2) West End DRAFT REDEVELOPMENT PLAN. Director of Economic and Community Development Coleman addressed the item stating that the amendment would add about 15 acres of property into the redevelopment project area, primarily the downtown portion of the City and it would authorize the of eminent domain on two commercial properties In the west end area and would set the stage for increasing the tax increment limit,the cap from $114.9 million to $300 million in order to fund future redevelopment activities. 03/03/08 PAGE TWO Director Carrillo offered a Resolution entitled: rt A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA BOARD OF Res. 08-RI I DIRECTORS APPROVING THE PRELIMINARY REPORT FOR THE AMENDMENT TO THE Approving MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AND Preliminary DIRECTING THE TRANSMITTAL OF THE PRELIMINARY REPORT TO THE AFFECTED TAXING Report AGENCIES. Moved by Director Carrillo,seconded by Director Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Board Members: AYES: DIRECTORS: CARRILLO, MACIAS, ROCHA NOES: DIRECTORS: NONE ABSTAIN: DIRECTORS: GONZALES, HANKS ABSENT: DIRECTORS: NONE Director Carrillo offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA BOARD OF Res. 08-1112 DIRECTORS RECEIVING THE DRAFT AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE Receiving MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AND Draft AUTHORIZING TRANSMITTAL OF THE DRAFT REDEVELOPMENT PLAN TO AFFECTED TAXING Amendment AGENCIES AND PERSONS AND ORGANIZATIONS WITHIN THE AREA TO BE ADDED TO THE PROjECT AREA AND SUBMITTAL TO THE PLANNING COMMISSION FOR REPORT AND RECOMMENDATION. Moved by Director Carrillo seconded by Director Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Board Members: AYES: DIRECTORS: CARRILLO, MACIAS, ROCHA 'NOES: DIRECTORS: NONE ABSTAIN: DIRECTORS: GONZALES, HANKS ABSENT: DIRECTORS: NONE Directors Gonzales and Hanks returned to the dais. - Dir returned The CONSENT CALENDAR consisting of items G-1 through G-4,was approved by motion of Consent Cal. Director Hanks, seconded by Director Carrillo and unanimously carried. Approved I. Minutes of the regular meeting of February 19, 2008,were approved as written. Min approved 2. The Agency Treasurer's Report as of January 31, 2008,was received and filed. Treas Rpt 3. Approval was given to staff to solicit Requests for Qualifications(RFQ)for redevelopment RFQ Fin Advis financial advisory services in connection with proposed bond issuance. Svs 4. Resolution was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSAALLOWING Res. 08-R13 CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY Warrants FUNDS. SPECIAL CALL ITEMS Spec Call Items None. None It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn TIME OF ADJOURNMENT: 9:27 P.M. SECRETARY NEXT RESOLUTION NO. 08-R14. 03/03/08 PAGE THREE AGENCY CONSENT ITEM TO: THE HONORABLE CHAIRPERSON AND AGENCY MEMBERS C. FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, EXECUTIVE DIRECTORJ� DATE: MARCH 17, 2008 II SUBJECT: AMENDMENT NO. 2 TO PROFESSIONAL SERVICES CONTRACT WITH TERRY A. HAYES & ASSOCIATES TO INCREASE SERVICES ASSOCIATED WITH THE PROPOSED TARGET STORE ENVIRONMENTAL IMPACT ANALYSIS STUDY RECOMMENDATION It is recommended that the Agency Board approve Amendment No. 2 to the professional services contract with Terry A. Hayes &Associates (TAHA) to increase services; increase the contract amount from $146,425.00 to $158,825.00; and authorize the Executive Director to execute the City's standard professional services agreement amendment. EXECUTIVE SUMMARY At the Environmental Impact Report (EIR) Public Scoping Meeting on the Target department store project, members of the public requested additional analysis of the traffic and parking needs of the project. The attached amendment to the agreement with Terry A. Hayes &Associates, the Agency's EIR consultant, would provide for this more detailed analysis. BACKGROUND The Target Store Redevelopment Project is bounded by 9th Street to the north, the Metro Gold Line right-of-way to the south, San Gabriel Avenue to the west, and Azusa Avenue to the east. Target Corporation entered into.a Letter of Intent governing the proposed redevelopment of the Site into a Target downtown department store project. On July 2, 2007 the Agency Board approved contracting with Terry A. Hayes &Associates (TAHA) in the amount of $90,925.00 to provide services related to the preparation of environmental documentation, including without limitation an initial study and, to the extent required, an addendum; supplement to the environmental impact report, or other environmental study required for compliance with the California Environmental Quality Act ("CEQA Guidelines") On September 4, 2007, the Agency Board approved Amendment No. 1 to the TAHA contract in order to include the Mobility Group as a subcontractor on the TAHA team. The Mobility Group is preparing the Traffic Impact Report for the Target project. March 17, 2007 Target Store EIR Contract Amendment 2. Pg. 2 On February 7, 2008 an Environmental Impact Report Scoping Meeting was held to receive public comments and concerns regarding the proposed Target project. While strong support for the Target project was expressed, there were also reservations stated regarding the impact of increased traffic and parking needs in the neighborhoods as a result of the proposed project. In order to address these community concerns, additional parking studies and analysis will be required by the traffic consultant, The Mobility Group. The attached proposed additional scope of work includes a more detailed parking and traffic analysis for the Target project, as discussed at the public scoping meeting. Therefore, staff recommends that the Agreement be amended to: (1) expand the scope of services; and (2) include additional compensation not to exceed a new contract amount of $158,825.00. Amendment No. 2 of the contract (see attached) now includes additional scope of work by The Mobility Group. The revised contract amount will provide funding to continue the CEQA process and incorporate the additional required traffic analysis for the project. FISCAL IMPACT This project is budgeted in the approved FY 2007/08 operating budget in the Target program budget. Attachments: TAHA Amendment No. 2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND TERRY A. HAYES ASSOCIATES, LLC ARTICLE 1. PARTIES AND DATE This Second Amendment to the Professional Services Agreement ("Second Amendment') dated as of the 17th day of March 2008, is entered into by and between the Redevelopment Agency of the City of Azusa ("Agency") and Terry A. Hayes and Associates ("Consultant'). ARTICLE 2. RECITALS 2.1 Agency and Consultant entered into that certain Professional Services Agreement dated July 2, 2007 ("Agreement'), whereby Consultant agreed to provide certain professional environmental impact report consultant services in conjunction with the proposed Target Store (the "Project'). 2.2 Agency and Consultant now desire to amend the Agreement to: (1) expand the scope of services; and (2) include additional compensation not to exceed a new contract total of One Hundred Fifty-Eight Thousand, Eight Hundred & Twenty-Five dollars ($158,825.00). ARTICLE 3. TERMS 3.1 The specific amendments to the Agreement shall be as follows: Section 3.1.1.1 is added to read as follows: "3.1.1.1 Additional Services. Consultant agrees to perform the following additional services for the Project: Project Impact Analysis with Gold Line Extension Background Analysis of Parking needs for the Target Store Section 3.1.2 of the Agreements is hereby deleted in its entirety and replaced with a new Section 3.1.2 to read as follows: "3.1.2 Term. The term of this agreement shall be from May 21, 2007 to December 31, 2008, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. Section 3.3.1 of the Agreement is hereby deleted in its entirety and replaced with a new Section 3.3.1 to read as follows: 113.3.1 Compensation Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Fifty-Eight Thousand, Eight Hundred & Twenty-Five Dollars ($158,825.00)without written approval of Agency. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.2 Continuing Effect of Agreement. Except as otherwise set forth in this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Second Amendment, whenever the term"Agreement' appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment. 3.4 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] 2 REDEVELOPMENT AGENCY TERRY A. HAYES ASSOCIATES, LL^C OF THE CITY OF AZUSA By: By: F.M. Delach, Executive Director Terry A. Hayes, Principal Date: Date: ATTEST: Agency Secretary 3 WARRANT REGISTER NO.15 >♦ FISCAL YEAR 2007-08 WARRANTS DATED 02/01/08 THROUGH 02/15/08 FOR REDEVELOPMENT AGENCY MEETING OF 03-17-08 RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. That the following claims and demands have been audited as required bylaw and that the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as hereinafter set forth: 80-110-REDEVELOPMENT ADMINISTRATION FUND $ 21,749.09 80-125-CBD CAPITAL PROJECTS FUND 21.157.99 80-135-WED CAPITAL PROJECTS FUND 19.096.60 80-185-RANCH CAPITAL PROJECTS FUND 80-165-618-2005 TAX ALLOCATION BONDS FUND 81-155-TAX INCREMENT SET-ASIDE FUND 24,474.70 82-125-CBD DEBT SERVICE FUND 82-135-WED DEBT SERVICE FUND 82-185-RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: $ 86-478.38 SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records. ADOPTED AND APPROVED THIS DAY OF 2008. Chairman I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting thereof,held on the day of 2008. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary City of Azusa HP 9000 03/12/08 O P E N H 0 L D D B LISTING By F�Fhtity Nane Face 1 WED, MAR 12, 2008, 3:28 FM ---req: FOSE-------leg: GL JL---loc: BI-=---jcb: 572455 ##71014---pgn: CH400 <1.34> rpt id: CiTLIP02 SE[FXT FUSD Vis: 80-82 ; Check Issue Dates: 020108-021508 PE ID PE Nave ACCZXNP NCNEER / JOB NUv= Invoioe Nubs Description St Disc. ArTf. Dist. Alt. V05613 AT&T 8010110000-6915 6263345464122407 626-3345464/0517 PD 0.00 7.48 PEEDmrd: 0.00 Paid: 7.48 Total: 7.48 V01305 AZLlSA CITY FID C 8000000000-3035 2610/0801004 PR#4/08 & 5/08 S FD 0.00 255.18 PEID d: 0.00 Paid: 255.18 Total: 255.18 V10604 AZUSA MII£7LE MAN 8000000000-3020 2618/0801004 PR#4/08 & 5/08 S FD 0.00 30.00 PEID Uipaid: 0.00 Paid: 30.00 Total: 30.00 V00355 AZUSA PAYROLL AC 8000000000-3003 PR0308S Taxes Pay�ble FI PD 0.00 20.32 V00355 AZUSA PAYROLL AC 8000000000-3005 PR0308S Taxes Fbl/Wi PD 0.00 46.00 V00355 AaM PAYROLL AC 8000000000-3001 PR0308S Taxes Pbl/Withhe PD 0.00 146.27 V00355 AZC.6A PAYROLL AC 8000000000-3005 FR04080508S Taxes Pbl/Wi PD 0.00 1,079.25 V00355 AZ[.6A PAYROLL AC 8000000000-3003 PRO4080508S Taxes Paya/lble FI PD 0.00 671.86 V00355 AaM PAYROLL AC. 8000000000-3001 FRO4080508S Taxes Pbl/Wi PD 0.00 3,571.75 PEIDU�d: 0.00 Paid: 5,535.45 Total: 5,535.45 V96758 BANG OF NEW YORK 8010110000-6610 1210966 1992SF BaD ATNQ PD 0.00 1,500.00 PEID Lhlxid0.00 Paid:: 1,500.00 Tbtal: 1,500.00 V07432 BARR & CLARK ENV 8110155000-6650/505300-6650 17895 FINAL 2055 nFFA PD 0.00 450.00 V07432 EAFR & CLARK ENV 8110155000-6650/505300-6650 18007 FTML 2055 MIM PD i 0.00 225.00 FID Paid: 675.00 Total: 675.00 City of Azusa HP 9000 03/12/08 O P E N H O L D D B LISTING By Entity Na[re Pace 2 MID, WR 12, 2008, 3:28 FM ---req: RAE-------leg: GL JL---loc: BI-TECH---job: 572455 4J1014---pam: CE400 <1.34> xpt id: CHMIR02 SE[EIT FUZ Cues: 80-82 ; Check Issue Kites: 020108-021508 PE ID PE Nave AO= NU[vE R / JCB N 1vEEP Invoioe Nzrber Description St Disc. Ate. Dist. Art. V05804 BESI BEST' & KRIE 8010135000-6301562819 11/07 LCA-DMJB FD 0.00 13,873.30 V05804 BESt BEST & KRIE 8010125000-6301/505800-6301 562822 11/07 I13rIZdTIIQ FD 0.00 1,136.80 V05804 EESP = & KRIS 8010135000-6301/503305-6301 562821 11/07 LGCrBCK 36 PD 0.00 223.30 V05804 BEST BEST & KRIS 8010125000-6301/502801-6301 562818 11/07 LGL-PLAN A FD 0.00 309.02 V05804 E= BESP & KRIE 8010125000-6301/650205-6301 562821 11/07 LGA ELK 36 FD 0.00 142.10 V05804 BEST BEST & KRIE 8010125000-6301/505825-6301 562821 11/07 LCL-ELK 36 PD 0.00 2,760.80 V05804 BEST BEST & KRIE 8010125000-6301/505800-6301 562821 11/07 LMrELK 36 PD 0.00 954.10 V05804 BFSP BST & KRIS 8010125000-6301/505700-6301 562821 11/07 LGL-ELK 36 PD 0.00 7,926.97 VO5804 BEST BEST & KRIE 8110155000-6301 562820 11/07 LCV= FD 0.00 14,697.34 W5804 BEST BEST & KRIE 8110155000-6301/505310-6301 564567 12/07 LC3rLxdVFMI H) 0.00 21402.36 V05804 BEST BEST & KRIE 8010125000-6301/502801-6301 564565 12/07 LCA,-PLAN A PD. 0.00 7,835.80 PEID lXmdd: 0.00 Pai : 52,261.89 Total: 52,261.89 V04281 OALIFCKSTIA RFLg,U 8010110000-6235 032608 FMIST/SQA BE FD 0.00 510.00 PES d 510. 00 Total: 510.00 V00353 CALPERS 8000000000-3070 01084 EMP RET BUYBACK PD 0.00 29.32 V00353 CALPFRS 8000000000-2728 01084 PERS Payable FD 0.00 3,721.63 PETD lhuxid: 0.00 Paid: 3,750.95 Total:. 3,750.95 V06783 CITISIRFEI' 8000000000-3010 1310/0801004 /08 & 5/08 S A7 0.00 266.87 V06783 CTPISIl= 8000000000-3010 2310/0801004 �4/O8 & 5/08 S PD 0.00 446.45 SII2EE1' V06783 CTTI8000000000-3010 2315/0801004 /08 & 5/08 S PD 0.00 589.82 PEID d: 0.00 d: 1,303.14 Total: 1,303.14 V00348 02= HEALTH I 8000000000-3054 2435/0801004 PR##4/08 &: 5/08 S PD 0.00 19.25 PEID d: 0.00 Paid: 19.25 Total: 19.25 City of Azusa HP 9000 03/12/08 O P E N H 0 L D D B LISTING By PersaVEntity Nacre Paqe 3 WED, MPR 12, 2008, 3:28 FM ---req: ROSE-------leg: GL JL---loc: BI-TEM---job: 572455 #J1014---pgm: CFAOO <1.34> rpt id: CHFLER02 SE= FUO Cbzbs: 80-82 ; CSy_ck Issue Dates: 020108-021508 PE ID PE Nacre ACJMgT N,Nffit / JOB N[NEER Irrvoice N_Txr Da=pticn St Disc. A1rt. Dist. krt. V10727 DIAM:I\D R\U,lSIl2I 8110155000-6650/505300-6650 487 FIl,�AL/205S PL1RRA FD 0.00 1,800.00 PEID ��r d: 0.00 Paid: 1,800.00 Tbtal: 1,800.00 V00331 FECE2AL EXPRESS 8010110000-6625 247486783 117052788/GBDMA PD 0.00 20.03 V00331 FEDERAL EXPRESS 8010110000-6521 247486783 117052788/K.=L FD 0.00 15.11 PEID IJr¢u. : 0.00 Paid: 35.14 Tbtal: 35.14 V93874 ICVA REID;EvENT 8010110000-6175 2462 401A PLAN/FRAM D PD 0.00 125.00 PFSd: 0.00 Faid: 125.00 Tbtal: 125.00 V01916 WA PETTY C%c H, 8010125000-6625/505825-6625 013108 TP1 T MIG FD 0.00 34.90 V01916 WA PETIY CASH, 8010110000-6235 013108 R �CHA[�IDE PD 0.00 50.00 V01916 JARA PEPIY CASH, 8010125000-6625/505700-6625 013108 BLK36 KIC PD 0.00 41.65 PFS mrd: 0.00 Paid: 126.55 Tbtal: 126.55 V06940 LANCE SCLL & LUST 8010110000-6315 6360 2006/07 AJDTT-RE PD 0.00 1,240.00 PM) d: 0.00 P T 1,240.00 Total: 1,240.00 V03126 LILN =CML 8000000000-3010 1320/0801004 /08 & 5/08 S PD 0.00 63.56 V03126 LU\I= N=SAL 8000000000-3010 V03126 LIIVCDIN =CML 8000000000-3010 2320/0801004 16/08 & 5/08 S PD 0.00 250.43 PEID Licaid: 0.00 Paid: 409.61 Tbtal: 409.61 WCi of Azusa HP 9000 03/12/08 O P E N H 0 L D D B LISTING By Ehtity Nare Page 4 MAR 12, 2008, 3:28 FM ---req: MSE-------leg: GL JL---1oc: BI-=---job: 572455 #J1014---pgn: CFAOO <1.34> rpt id: CHFLTR02 SE[FZT FLND files: 80-82 ; Chazk Issue Dates: 020108-021508 PE ID PE Nane AD= NUvEM / JOB N[MEtER Invoice MHber Des=pticn St Disc. Pmt. Dist. Pmt. V10791 NJRRIS REALTY AD 8010135000-6325/503305-6325 1850 APFRAISAL-SHAlUI FD 0.00 5,000.00 V10791 NJRRIS REALTY AD 8110155000-6625 1851 P.PPRSL-TBIRD AFT PD 0.00 4,900.00 PEIDd: 0.00 d: 9,900.00 Total: 9,900.00 V00540 OFFICE = IIJC 8010110000-6530 415300565001 582216 CISP Cla9P PD 0.00 5.25 V00540 OFFICE DFP INC 8010110000-6530 415300565001 776184 HP 49A TO FD 0.00 210.41 V00540 OFFICE DEFCT = 8010110000-6530 415300565001 463778 CLASS FOL PD 0.00 20.45 V00540 OFFICE DEEC7I' IIS 8010110000-6530 415300565001 570971 GJJE SIIC PD 0.00 1.57 F= d: 0.00 d: 237.68 Tbtal: 237.68 V06713 O= EENEFTIS A 8000000000-2724 1225/0801004 EM/08 & 5/08 S PD 0.00 5.08 PEE) d: 0.00 d: 5.08 Tbtal: 5.08 VV04138 RELIASIAR REL LLIFFEE 1 8000000000-3053 2215/0801004 /08 & 5/08 S PD 0.00 1.87 A2#4/os & s/o8 s PD -o.00 2.50 PSIDIDaid: 0.00 d: 4.37 Tbtal: 4.37 V08056 SD*EARD IINSURPN 8000000000-3044 1255/0801004 PR44/08 & 5/08 S PD 0.00 196.79 ' PEIDTU11pai d: 0.00 Paid: 196.79 Total: 196.79 V10053 STANDARD IbBLRAN 8000000000-2725 1221/0801004 PR#4/08 & 5/08'S PD 0.00 149.97 FEIDd: 0.00 Paid: 149.97 Total: 149.97 V08056 SEUEP D INS'[]RAN 8000000000-2725 1220/0801004 PM/08 & 5/08 S PD 0.00 71.97 CS ty of Azusa HP 9000 03/12/08 O P E N H O L D D B LISTING By Entity Nam Page 5 MPR 12, 2008, 3:28 BK ---req: ROSE-------leg: GL JLr--loc: BI-TKH---jco: 572455 #J1014---pgn: C14400 <1.34> rpt id: CiMIR02 S= FLIT) Cbces: 80-82 ; Check Issue Dates: 020108-021508 PE ID PE Nave ACINI' NCMEFR / JCB NUVEER Invoice Varier Description St Disc. Part. Dist. Ant. PEID U�d 0.00 Paid: 71.97 Total: 71.97 V02675 S= OF CALIFCR 8000000000-3051 H2008020226000cF�EMAC=/MM2 PD 0.00 2,762.15 V02675 STATE OF CALSFCP 8000000000-2724 F2008020226000 Health Ins Pani.n PD 0.00 8.00 PEIDd: 0.00 Paid: 2,770.15 Tbtal: 2,770.15 V06107 U.S. &ANK = P 8010125000-6625/505800-6625 0369012208 SIAR$T1C5/ R FD 0.00 12.00 V06107 U.S. BANK OSP P 8010125000-6625/505800-6625 0369012208 SUUZE SbS R FD 0.00 3.85 PEIDUd: 0.00 Paid: 15.85 Total: 15.85 V10166 U\TICN RIM OF CA 8000000000-3073 21300801004 V10166 LNICN aPNK OF CA 8000000000-2727 1130/0801004 pR�4/08 & 5/08 S FD 0.00 897.36 PR#4/08 & 5/08 S FD 0.00 444.53 EID d: 0.00 P Paid: 1,341.89 Total: 1,341.89 V00876 WkcEI= WRA 8000000000-3010 2330/0801004 /08 & 5/08 S PD 0.00 50.00 V00876 Wkc= CIQ MU11SA 8000000000-3010 2335/0801004 P�4/08 & 5/08 S FD 0.00 140.99 V00876 MEJE UTCIQ VURA 8000000000-3010 1330/0801004 /08 & 5/08 S FD 0.00 9.00 PEIDLh�aid: 0.00 d: 199.99 Total: 199.99 V07755 [ELLS FAR30 BANK 8010110000-6610 382774 20031& BADS/TRU FD 0.00 2,000.00 PEID UTrd: 0.00 d: 2,000.00 Total: 2,000.00 GRAND TOTAL Ud: 0.00 Paid: 86,478.38 City of Azusa HP 9000 03/12/08 O P E N H O L D D B LISTING By Fei�Entity Nane Pace 6 ➢ED, MPR 12, 2008, 3:28 RSI ---req: RDSE-------leg: GL JL---loc: BI-TD;I-I---job: 572455 #J1014---p9m: CH400 <1.34> rpt id: CHFLTR02 SE= FUD ODJes: 80-82 ; Qgck Issue Dates: 020108-021508 PE ID PE Nage AC= NUvEER / JOB NUv13ER Invoice Nurber Inscription St Disc. Art. Dist. Art. Tttal: 86,478.38