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HomeMy WebLinkAboutAgenda Packet - July 16, 2012 - CC - ` i di . .�. „ FA M- 1111 11;1;11:11119 AGENDA REGULAR MEETING OF THE CITY COUNCIL AZUSA AUDITORIUM MONDAY, JULY 16, 2012 213 EAST FOOTHILL BOULEVARD 6:30 P.M. Closed Session 7:30 P.M. Regular Meeting AZUSA CITY COUNCIL JOSEPH R. ROCHA MAYOR KEITH HANKS ANGEL CARRILLO COUNCILMEMBER MAYOR PRO-TEM URIEL E. MACIAS ROBERT GONZALES COUNCILMEMBER COUNCILMEMBER 6:30 P.M. CLOSED SESSION NOTICE TO THE PUBLIC FOR CLOSED SESSION Prior to going into closed session the City Council will convene in the Auditorium serving as Council Chambers to take public comment on the closed session items only. General public comment will be provided for during the regular portion of the meeting beginning at 7:30 P.M. 1. Gov. Code Sec. 54957.6— CONFERENCE WITH LABOR NEGOTIATOR City Negotiators: City Manager Makshanoff Organizations: ACEA (Azusa City Employees Association), AMMA (Azusa Middle Management Association), SEN (Service Employees International Union), Executive Management Employees, CAPP (Civilian Association of Police Personnel), APOA (Azusa Police Officers Association) and IBEW (International Brotherhood of Electrical Workers. 2. Conference with Legal Counsel - Existing Litigation Pursuant to California Government Code Section 54956.9(a) Case Name: Estrellita Diaz, through her guardian ad litem. Catalina Valerio v City of Azusa et al Case No: Los Angeles County Superior Court Case No. KC063466. 07/16/12 1 _ NOTICE TO THE PUBLIC FOR REGULAR MEETING Copies of staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection at the City Library and Police Department Lobby. Persons who wish to speak during the Public Participation portion of the Agenda or on a Public Hearing item, 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. Cards submitted after 7:30P.M. will not be accepted. 7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL 1. Call to Order 2. Pledge to the Flag - Manual Molina. 3. Invocation - Pastor Woody Calvary of Praise Chapel of Azusa. A. PUBLIC PARTICIPATION This time has been set aside for persons in the audience to make public comments on items within the subject matter jurisdiction of the council/agency board that are not listed on this agenda or are listed on this agenda as an item other than a public hearing item. Members of the audience will have the opportunity to address the city council about public hearing items at the time the public hearing is held. Under the provisions of the Brown Act, the council is prohibited from taking action on oral requests, but may refer the matter to staff or to a subsequent meeting. Each person or representative of a group shall be allowed to speak without interruption for up to five (5) continuous minutes, 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. B. REPORTS, UPDATES, AND ANNOUNCEMENTS FROM STAFF/COUNCIL 1. Mayor Rocha - Request for $200.00 sponsorship to the Gladstone High School Wrestling Team to purchase a wrestling mat. 2. A request to purchase a business/congratulatory ad in the Souvenir Book in the Epsilon Omega Chapter, Alpha Kappa Alpha Sorority, Inc. 3. Gold Line Construction Update. C. SCHEDULED ITEMS 1. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA REPLACING ARTICLE IV OF CHAPTER 62 OF THE AZUSA MUNICIPAL REGARDING NEWSRACKS. RECOMMENDED ACTION: Waive further reading, read by title only and introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, REPLACING ARTICLE IV OF CHAPTER 62 OF THE AZUSA MUNICIPAL CODE REGARDING NEWSRACKS 07/16/12 - 2 _ 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 SPECL4L CALL ITEMS. 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JULY 2, 2012. RECOMMENDED ACTION: z Approve Minutes as written. 2. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). 3. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY. RECOMMENDED ACTION: Adopt Resolution No. 12-C49 4. EMERGENCY LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA) FUNDING FOR THE ADULT LITERACY PROGRAM AND ASSOCIATED BUDGET AMENDMENTS. RECOMMENDED ACTION: (1) Accept of LSTA grant funds from the California State Library in the amount of $6,840, and (2) Approve the budget amendments associated with this grant. 5. NOTICE OF COMPLETION (NOC) FOR CDBG ATHLETIC COURT RESURFACING PROJECT NO. 601409-11. RECOMMENDED ACTION: Authorize Notice of Completion for CDBG Athletic Court Resurfacing and direct staff to file the NOC with the Los Angeles County Recorders Office. 6. MASTER AGREEMENT AND A PROGRAM SUPPLEMENT AGREEMENT WITH CALTRANS FOR SAFE ROUTES TO SCHOOL PROJECT NO. SRTSLNI-5112(015) RECOMMENDATION: Authorize the City Manager to enter into a Master Agreement and Program Supplement Agreement with the California Department of Transportation (Caltrans) for the receipt of federal transportation funds for current and future projects. 07/16/12 - 3 - 7. SAFE ROUTES TO SCHOOL PROJECT NO SRTSLNI-5112(015) - REQUEST FOR 14 QUALIFICATIONS - FOR PROFESSIONAL GRANT ADMINISTRATION PROJECT MANAGEMENT SERVICES, AND PROJECT IMPLEMENTATION FOR PROJECT NO SRTS3-07-002 (NON-INFRASTRUCTURE) AZUSA SAFE ROUTES TO SCHOOL—PROJECT WALK AND ROLL FOR ELEMENTARY SCHOOLS DISTRICT-WIDE. RECOMMENDATION: Authorize staff to solicit qualifications to obtain professional management services and project implementation for the City of Azusa safe routes to school — Project Walk and Roll for Elementary < Schools District-Wide. 8. AGREEMENT WITH ENTERPRISE FLEET SERVICES FOR THE LEASE OF 5 VEHICLES. RECOMMENDATIONS: It is recommended that the City Council authorize the City Manager to execute an agreement with Enterprise Fleet Services for the lease of 5 vehicles at an annual cost of$30,240.24. 9. PURCHASE OF SEWER VACTOR TRUCK RECOMMENDATION: Award a contract in the amount of $361,627.46 to Haaker Equipment Company for the purchase of a 2012 Sewer V actor Truck. 10. PUBLIC AGENCY RETIREMENT SERVICES (PARS) SUPPLEMENTAL RETIREMENT PLAN (SRP) TO IMPLEMENT AN EARLY RETIREMENT INCENTIVE PROGRAM FOR QUALIFYING AZUSA CITY EMPLOYEE ASSOCIATION COVERED EMPLOYEES. RECOMMENDATION: Review the financial analysis showing the savings that the implementation of the Public Agency Retirement Services (PARS) Supplemental Retirement Plan (SRP) to implement an early retirement incentive program for qualifying Azusa City Employees Association (ACEA) covered employees will provide for the City and find that the program meets the City's fiscal and operational objectives as it can save the City about $450,000 over five years. 11. SIDE LETTER AGREEMENT WITH AZUSA CITY EMPLOYEES ASSOCIATION THAT INCLUDES PERMANENT AND TEMPORARY COMPENSATION REDUCTIONS AND CONTINUES THEIR MEMORANDUM OF UNDERSTANDING UNTIL JUNE 30 2013. RECOMMENDATION: Adopt Resolution No. 12-050 approving a side letter to the Azusa City Employees Association (ACEA) Memorandum of Understanding (MOU) that includes the following employee concessions: a permanent 5% contribution towards the "employer" cost of Ca1PERS retirement benefits; three (3) furlough days; suspension of the Tuition Reimbursement Program; suspension of employer paid Deferred Compensation; suspension of the Computer Loan Program; suspension of sick and vacation leave payout provisions; and continuation of the current MOU through June 30, 2013. 07/16/12 - 4 - s, 12. SIDE LETTER AGREEMENT WITH AZUSA MIDDLE MANAGEMENT ASSOCIATION THAT INCLUDES PERMANENT AND TEMPORARY COMPENSATION REDUCTIONS AND CONTINUES THEIR MEMORANDUM OF UNDERSTANDING UNTIL JULY 31, 2013. RECOMMENDATION: Adopt Resolution No. 12-051 approving a side letter to the Azusa Middle Management Association (AMMA) Memorandum of Understanding (MOU) that includes the following employee concessions: a permanent 5% contribution towards the "employer" cost of Ca1PERS retirement benefits; three (3) furlough days; suspension of the Tuition Reimbursement .Program; suspension of employer paid Deferred Compensation; suspension of the Computer Loan Program; suspension of sick and vacation leave payout provisions; and continuation of the current MOU through July 31, 2013. 13. AMENDMENT TO RESOLUTION 00-C140 AND 01-C4 ESTABLISHING COMPENSATION AND BENEFITS FOR NON-CLASSIFIED EMPLOYEES AND ELECTED AND APPOINTED OFFICIALS AND AMENDMENT REDUCING THE EMPLOYER PAID MEMBER CONTRIBUTION FOR CALPERS ELIGIBLE PART-TIME EMPLOYEES. RECOMMENDATION: Adopt the resolution numbers 12-052 and 12-053 authorizing the amendment to Resolution 00-C140 and 01-C4 and reducing the employer paid member contribution for eligible part-time Non-Classified Employees and Elected and Appointed Officials. The only change from current benefits being an amendment to the Benefits Section, making CalPERS eligible part-time employees pay 5% of their "employee"portion of Ca1PERS retirement benefit costs. 14. SIDE LETTER AGREEMENT WITH THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL THAT INCLUDES PERMANENT AND TEMPORARY COMPENSATION REDUCTIONS AND CONTINUES THEIR MEMORANDUM OF UNDERSTANDING UNTIL JULY 31, 2013. RECOMMENDATION: Adopt Resolution No. 12-054, approving of a side letter to the Civilian Association of Police Personnel (CAPP) Memorandum of Understanding (MOU) that includes employee concessions and continuation of the current MOU through July 31, 2013. E. SUCCESSOR AGENCY RELATED BUSINESS 1. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE FORMER REDEVELOPMENT AGENCY. RECOMMENDED ACTION: Adopt Resolution No. 12-R26. 07/16/12 - 5 - 2. RECOGNIZED OBLIGATION PAYMENT SCHEDULE - JANUARY 2013 THROUGH JUNE 2013 RECOMMENDATION: Adopt Resolution No. 12-R27, approving and adopting the amended "Recognized Obligation Payment Schedule" for the period of January 2013 through June 2013 pursuant to AB 1X 26. 3. TRANSFER OF HOUSING ASSETS AND FUNCTIONS TO THE LOS ANGELES COUNTY HOUSING AUTHORITY PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 34176 34177 AND 34181. RECOMMENDED ACTION: Adopt a Resolution of the City Council of the City of Azusa, Serving as Successor Agency to the Azusa Redevelopment Agency, Recommending to the Oversight Board the Transfer of Certain Housing Assets and Functions of the Dissolved Redevelopment Agency to the Los Angeles County Housing Authority Pursuant to Health and Safety Code Sections 34176, 34177 and 34181. F. ORDINANCE/SPECIAL RESOLUTIONS None. G. ADJOURNMENT 1. Adjourn inmemory of Maxine Gaxiola. UPCOMING MEETINGS: July 23, 2012, Utility Board Meeting—6:30 p.m. Light and Water Conference Room September 4, 2012, (Tuesday) City Council Meering— 6:30 p.m. Azusa Auditorium September 17, 2012, City Council Meeting—6:30 p.m. Azusa Auditorium September 24, 2012, Utility Board Meeting— 6:30 p.m. Light and Water Conference Room In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of the public at the following locations: Azusa City Clerk's Office - 213 E. Foothill Boulevard, Azusa City Library - 729 N. Dalton Avenue, and Azusa Police Department Lobby - 725 N. Alameda, Azusa, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting, please contact the City Clerk at 626-812-5229. Notification three (3) working days prior to the meeting when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting. 07/16/12 - 6 _ r , U SCHEDULED ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR VIA: JAMES MAKSHANOF , CITY MANAGER DATE: JULY 16, 2012 SUBJECT: CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA REPLACING ARTICLE IV OF CHAPTER 62 OF THE AZUSA MUNICIPAL REGARDING NEWSRACKS RECOMMENDATION It is recommended that the City Council waive further reading, read by title only and introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA REPLACING ARTICLE IV OF CHAPTER 62 OF THE AZUSA MUNICIPAL REGARDING NEWSRACKS BACKGROUND Over time, issues have come up regarding the number,location and condition of newsracks within Azusa. There are approximately 20 different companies with newsracks in Az su a Many of them become unsightly due to graffiti, damage, or age. The revised Ordinance would require the companies to be accountable for the condition of the newsrack to obtain a � ermit since the P newsrack is located in the public right of way) and obtain a business lice___nse in Aiusa or proof thereof from another City where the companies' headquarters are located. Furthermore, the new Ordinance will require newsracks to be placed 300 feet from any school, church, community gathering center, park or public building if the newsrack will contain harmful material. CONCLUSION The revised newsrack ordinance will help the City curtail unsightly,graffiti and damaged newsracks and provide for a permitting system to account for and track ownership of the newsracks in Azusa. It also requires newsrack owners to maintain the newsracks or have the newsrack impounded until such �a e time that the owner will repair or maintain the newsrack. The newsrack ordinance will provide for sufficient clearances for ADA disabled accessibility and not impair sight distance for drivers. The newsrack permitting process will be managed by the Engineering Division with enforcement provided by Code Enforcement. FISCAL IMPACT There is no fiscal impact associated with this item. ATTACHMENTS Newsrack Ordinance Permit Application ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, REPLACING ARTICLE IV OF CHAPTER 62 OF THE AZUSA MUNICIPAL CODE REGARDING NEWSRACKS WHEREAS, the City of Azusa ("City") is empowered by California Constitution Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the Public Works Department requires greater control of the public right of way regarding newsracks in order to curtail unsightly graffiti and damaged newsracks and to provide for a permitting system to track ownership of newsracks in the City; and WHEREAS, the Public Works Department proposes to amend Article IV, Chapter 62 of the Azusa Municipal Code to require newsrack permits in order to regulate newsrack locations and establish stricter accountabilitly for newsrack owners to maintain and care for newsracks; and WHEREAS, the proposed amendments to Article IV, Chapter 62 will provide the Code Enforcement Division with accountable parties to contact to ensure that newsracks are properly maintained. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. RESTATEMENT. Article IV of Chapter 62 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: "ARTICLE IV. NEWSRACKS Sec. 62-121. - Definitions. Sec. 62-122. —Purpose, findings and applicability. Sec. 62-123. - Violation of article. Sec. 62-124. - Permit required. Sec.62-125. - Registration index file. Sec. 62-126. - Remedies. Sec. 62-127. - Restricted on roadways. Sec. 62-128. —Not used. Sec. 62-129. - Prohibited areas. Sec. 62-130. - Specifications. Sec. 62-131. - Standards for maintenance and installation. Sec. 62-132. - Display of harmful matter in newsracks: blinder racks adult supervision Q Sec. 621133: -Identification required Sec. 62-134. - Newsrack permit required Sec. 62-135. - Severability. Sec. 62-136. —Fees. Sec. 62-121. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. Dangerous condition or obstruction means installation, use or maintenance of any newsrack which in whole or in part rests upon, in or over any public sidewalk or pathway when such installation, use or maintenance endangers the safety of persons or property or which site or location is used for public utility purposes, public transportation purposes or other governmental use or when such newsrack unreasonably interferes with or impedes the flow.of pedestrian or vehicular traffic, including any legally marked or stopped vehicle, the ingress into or egress from any residence or place of business or the use of,poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near the location. B. Harmful matter has the meaning set forth in Section 313 of the California Penal Code, or in any successor provision. It also means any matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which taken as a whole lacks serious literary, artistic, political, or scientific value for minors. C. Newsrack means any self-service or self-operated box, container, storage unit, or other dispenser placed, installed, used or maintained for the display and sale of newspapers, news periodicals, magazines, other publications or any other written or pictorial matter or materials, whether commercial, political, recreational or otherwise in nature. D. Parkway means that area between the sidewalk and the curb of any street and, where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. The term also includes any area within a roadway which is not open to vehicular traffic. E. Public Works Director (means that person who serves as the City's Public Works Director or his or her designee.) F. Public Works Engineering Division means the group responsible for permit administration of all activities within the City's public right of way. G. Roadway means that portion of a street improved, designed or ordinarily used for vehicular travel. H. Sidewalk means any surface provided for the exclusive use of pedestrians. ' T I. Street means all that area dedicated to public use for public street purposes and includes, but is not limited to roadways, parkways, alleys and sidewalks. Sec. 62-122. Purpose, findings and applicability. This article shall apply to all newsracks within the municipal boundaries of the City of Azusa. A. As the City of Azusa has a substantial interest in promoting the public health, safety, welfare and convenience of its citizens, businesses and visitors, the purpose of this article is to regulate by enacting a reasonable time, place, and manner regulation, regulating the placement, design, appearance, and servicing of publication vending machines so as to: (1) Protect against unreasonable impairment of the vision of motorists and pedestrians, particularly small children; (2) Protect against the neglectful servicing and maintenance of publication vending machines resulting in unclean, dilapidated or broken newsracks that create visual blight on the City's parkways and sidewalks, and detract from the aesthetics of store window displays, adjacent landscaping and other improvements; and (3) Ensure compliance with the Americans with Disabilities Act and improve passage for persons with disabilities by reducing impediments to passage caused by poorly-located newsracks. B. Based on the experience of City staff.and an evaluation of newsrack regulation options presented by City staff, the City finds and declares that the most effective way to reduce the visual clutter and hazards associated with excessive numbers of newsracks and their dangerous placement is to limit the number and locations of newsracks installed in the City of Azusa. C. In adopting this chapter, the City Council is mindful that newsrack regulations implicate rights protected by the First Amendment of the United States Constitution and Article I, Section 2 of the California Constitution. To that end, the City Council hereby adopts these regulations and directs that their enforcement be conducted in a manner consistent with the constitutional rights of citizens and regulated parties. D. The City finds that excessive, poorly maintained or abandoned newsracks have contributed and or may contribute to the congestion of City sidewalks, impede the flow of pedestrian traffic, or interfere with the use of streets, sidewalks and public rights-of-way such that they present hazards to persons and property and result in substantial visual blight - r, y. Q Sec. 62-123. Violation of article. A. Notice. Upon knowledge that a newsrack has been placed or installed or is being maintained in violation of this article, the Public Works Director shall so give notice to the person in whose name the newsrack is registered pursuant to section 62-124. Said notice shall state the nature of the violation(s). and that the newsrack or newsracks belonging to such person(s) will be impounded .if the violation is not corrected within a reasonable period of time as specified by the Public Works Director or if a request for a post-removal hearing is not made within ten (10) days after the giving of such notice. Such notice shall state the procedure for requesting such a hearing before the City Manager and the procedures thereof. A timely request for a hearing shall stay any impounding. If a hearing is had, and a finding that the newsrack violated this article is made, if not corrected within five (5) calendar days after such decision is rendered, the Public Works Director, may impound the newsrack in accordance with subsection (C) of this section. B. All notices shall be sent by registered mail to the registrant and the owner at the address shown on the newsrack registration form pursuant to section 62-124 and at their last known address. C. Summary Correction. Notwithstanding subsection (A) of this section, without giving any prior notice, the Public Works Director may immediately correct any violation of this article related to the location of newsracks (sections 62-127, 62-129 & 62-131(1), (2), (3).), restrictions upon the attachment of newsracks to property other than that owned by the owner of the newsrack and to fixed objects or to each other(section 62- 130(2).), without impounding the newsrack as long as such correction can be accomplished simply, easily, quickly and without expense in order to restore them to a safe and legal condition. D. Storage. Whenever a newsrack is impounded pursuant to subsection (A) of this section, the newsrack shall be removed by the Public Works Director and stored in any convenient place where other items of personal property confiscated in connection with a City investigation or enforcement of this Code are stored. The Public Works Director shall notify the person who according to the City's most recent records, is the owner of the newsrack within a reasonable time, by mailing a notice of newsrack removal to the owner's last known address. Such notice shall state the date the newsrack was removed, the reasons for removal, the location of removal, the procedure for claiming the newsrack, and the owner's option to request and obtain a post-removal hearing before the City Manager and the procedure thereof. E. Return of Impounded Newsracks. If no post-removal hearing is properly requested, or alternatively, if a post-removal hearing is requested and at such hearing it is determined that the newsrack when removed was in violation under this article, the newsrack removed and stored pursuant to this section shall only be released to the owner thereof if claimed within 45 days after the mailing of written notice of removal or within 15 days after the final decision of the City Manager per a post-removal hearing, and upon the payment of reasonable charges of removal and storage fees. Upon failure of the owner to claim such newsrack and pay the reasonable charges with the 45-day or 15-day period, as appropriate, such newsrack shall be deemed to be unclaimed property in possession of the City's police department and may be disposed of in accordance with the City's policy of disposing of unclaimed property. F. Summary Removal. Notwithstanding any other provisions of this chapter, any newsrack in violation of this article, which creates a dangerous or hazardous condition which immediately and seriously threatens the health or safety of the public, as determined by the Public Works Director; and which violation cannot be simply, easily, quickly and without expense be corrected, may be summarily removed and stored in a convenient location so as to eliminate the danger to the health or safety of the public. The Public Works Director shall notify the owner thereof by mailing a notice of removal to the last known address of the owner within 30 calendar days of the removal. Such notice shall state the date the newsrack was removed, the reasons for removal, the location from where it was removed, the procedure for claiming the newsrack and the procedure for obtaining a post-removal hearing before the City Manager and the procedure thereof. Unless a hearing is requested and a decision on the merits is rendered finding the newsrack was not maintained in such a state as to be dangerous or hazardous and posing an immediate and serious threat to the health or safety of the public at the time of removal, the owner of the newsrack may claim the newsrack within 45 days after the mailing of written notice of removal and upon the payment of reasonable charges of removal and storage thereof. Upon failure of the owner to claim such a newsrack and pay the reasonable charges within the 45-day period, such newsrack shall be deemed to be unclaimed property in possession of the City's police department and may be disposed of in accordance with the City's policy of disposing of unclaimed property. G. Post-Removal Hearing. Within ten (10) calendar days of the date on which the notice of violation or notice of removal of a newsrack summarily impounded is sent by the City, the person in whose name the newsrack is registered pursuant to section 62-124 or other person who provides satisfactory proof of ownership may request a hearing before the City Manager. The request shall be in writing and addressed to the Public Works Department at 213 E. Foothill Blvd, Azusa, CA 91702 and it shall state the basis for requesting a hearing, and shall be filed with the Public Works Director. The hearing shall be held within five (5) City working days of receipt of the request, unless continued for good cause as may be reasonably determined by the Public Works Director. At the hearing, any person may present evidence or argument as to whether the newsrack has violated this article or whether the newsrack should be returned without payment of an impound fee. Within two (2) City working days after the close of the hearing, the City Manager shall render a decision in writing. The City Manager may give oral notice of the decision at the close of the hearing or may send notice of the decision by mail. J Q Sec. 62-124. Permit required. A. No person shall place, install or maintain any newsrack which in whole or in part rests upon, in or over any street without first obtaining a newsrack permit from the Public Works Engineering Division and without otherwise complying with this article. One application may be submitted for multiple newsracks owned by one applicant. An application for a permit shall be made upon the form required by the Public Works Engineering Division and shall contain the following: (1) The name, address and telephone number of the owner of the newsrack and the name and address of the person whom any notice pursuant to this article should be given. (2) The location at which the newsrack is to be installed and maintained. (3) An executed document, approved as to form by the City Attorney, by which the owner of the newsrack agrees to indemnify and hold harmless the City, its officers, employees and agents from any claim, demand or judgment in favor of any person, arising out of activities or inactivities of the owner of the newsrack, his officers, employees and agents with respect to damages to persons or property arising from the location, installation, maintenance or removal of the owner's newsracks. (4) A certificate of insurance and endorsement form(s) evidencing that both a liability insurance policy and a property damage insurance policy have been obtained by the owner, naming the City and its officers, employees and agents as additional insureds, in an amount not less than $150,000.00 minimum liability per occurrence on account of personal injury, including bodily injury, per person and $450,000.00 limit per occurrence. The minimum for property damage shall be in the amount of$1,000,000.00. The policies shall also be endorsed to provide that the insurance carrier will give the City 30 days written notice by certified mail before any cancellation of coverage. (5) If a newsrack will contain harmful material, the application shall contain a separate written attachment containing all of the following: i. A summary of Penal Code Sections 313.1 and 313.4 as they exist on the date the application is submitted; ii. A detailed description of how the newsrack will be "adult supervised" and what precautions will be put into place to prevent access to the newsrack by minors; and iii. If tokens or special cards will be used to access the newsrack, a list of the locations at which the tokens will be made available. The list of locations shall include the name of the residence or business location, the address, the telephone number and the name of a contact person at the location who shall be responsible for selling, distributing or giving out the tokens or cards. B. Each newsrack permit application shall be accompanied by a non-refundable annual application fee. C. Any application that complies with the requirements of this Code and any other applicable county, state of Federal law shall be approved. D. The owner of the newsrack(s) shall obtain a newsrack permit from the City annually. Sec. 62-125. Registration index file. The Public Works Director shall keep and maintain an index file of all newsrack permits issued pursuant to this article. Sec. 62-126. Remedies. The provisions of this article providing for administrative remedies is hereby declared to be an alternative procedure to any other remedy provided by law. See. 62-127. Restricted on roadways. No person shall place, install, use or maintain any newsrack in a location where the newsrack or any part thereof projects into or onto any part of any roadway or any public street or which rests wholly or in part upon, along or over any portion of the parkway of any public street. Sec. 62-128. Not used. Sec. 62-129. Prohibited areas. No newsrack shall be placed, installed, used or maintained in a parkway or sidewalk adjacent to property zoned residential, as such zone is defined in this Code, or within 300 feet of any school, church, community gathering center, park, or public building if the newsrack will contain harmful material. This section shall not prohibit the placement of a newsrack in a parkway or sidewalk in such residential zones where the newsrack is on a parkway or sidewalk directly in front of a public building which is open to and used regularly by the public, so long as such public buildings are not elementary,junior high or high schools. -ry a. Sec. 62-130. Specifications. Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards.and specifications: (1) The newsrack shall not exceed 60 inches in height, 30 inches in width or 24 inches in thickness. (2) The newsrack shall not be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack or to any object permanently affixed to the public right-of-way; provided, however, that the newsrack shall be mounted so that area from the ground surface to at least 16% inches above the ground surface remains open to a significantly unobstructed view. (3) The newsrack shall be installed on a single or multiple pedestal-type or modular-type base; provided, however, that not more than four newsracks shall be installed on any one base. (4) The newsrack shall comply with such other requirements consistent with the foregoing standards which the Public Works Director may reasonably determine are necessary to protect the public safety. Sec. 62-131. Standards for maintenance and installation. Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards: (1) Newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed near the curb shall be placed no less than 18 inches nor more than 24 inches from the edge of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. Newsracks shall not be placed or maintained on the sidewalk or parkway opposite a newsstand or another newsrack. All newsracks must be level. (2) No newsrack shall be placed, installed, used or maintained within the following distances: a. Five (5) feet of any marked crosswalk. b. Five (5) feet of any curb return. c. Five (5) feet of any fire hydrant, fire callbox, police callbox or other emergency facility. d. Five (5) feet of any driveway. e. Five (5) feet ahead of and 25 feet to the rear of any sign marking a designated bus stop. K J f. Six (6) feet of any bus bench or transit advertising shelter. g. Three (3) feet of any area improved with lawn, flowers, shrubs or trees or three (3) feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes. h. Three hundred (300) feet of any school, church, community gathering center, park, or public building if the newsrack will contain harmful material. This section shall not prohibit the placement of a newsrack in a parkway or sidewalk in such residential zones where the newsrack is on a parkway or sidewalk directly in front of a public building which is open to and used regularly by the public, so long as such public buildings are not elementary, junior high or high schools. (3) Newsracks may be placed next to each other; provided, however, no group of newsracks shall extend more than 15 feet along a curb or wall, and no such group of newsracks shall be located within five feet of any other group of newsracks. (4) Newsracks shall be maintained in a clean, neat and safe condition and in good repair at all times. Graffiti shall be removed within 48 hours of the time the Public Works Director notifies the newsrack owner of the graffiti. If the newsrack is not properly maintained within 48 hours, City staff will abate the newsrack at owner's expense. (5) Newsrack locations shall comply with the latest accessibility requirements of the Americans with Disabilities Act (ADA). Sec. 62-132. Display of harmful matter in. newsracks; blinder racks, adult supervision. A. Any newsrack which contains harmful material and which is located on a public sidewalk, parkway, street or other publicly owned property shall have a blinder rack attached in such a manner as to shield the harmful material from viewing by the public in accordance with Penal Code Section 313(d). B. Harmful material shall not be exhibited, displayed, sold or offered for sale in any newsrack located in a public place without adult supervision, other than a public place from which indoors are excluded. A newsrack shall be considered to be "supervised by an adult" when either of the following measures are taken to restrict access to harmful material by persons under 18 years of age: (1) the person receiving the harmful material is required to use an authorized access or identification card to access the newsrack and the owner of the newsrack has taken reasonable measures to assure that the card is issued only to persons 18 years old or older and has established a procedure to immediately cancel the card of any person after receiving notice that the card has been lost, stolen or used by persons under 18 years of age, or that the card is no longer desired; or (2) the owner of the newsrack requires the person using the newsrack to retrieve the harmful material to use a token and takes reasonable 4 measures to ascertain that only those people who are 18 years of age or older obtain tokens for the newsrack. Sec. 62-133. Identification required. Every person who places, installs or maintains a newsrack in any public location in the City, including but not limited to, streets, sidewalks and parkways, shall have his/her name, address and telephone number affixed thereto in a place where such information may be easily. seen. Sec. 62-134. Newsrack permit required. No person or custodian, whether as a principal or agent, clerk or employee, either for himself/herself or any other person, or as an officer of any corporation or otherwise, shall place or permit the placement of any newsrack in any location within the City, unless either the publisher or distributor of the publication or the person placing the machine upon the sidewalk, parkway, street or other public place, has a valid newsrack permit with the City of Azusa issued pursuant to this Code, or otherwise is exempted from such requirement. Sec. 62-135. Severability. If any section, subsection, clause or phrase of this article or any part thereof is for any reason held to be invalid, unconstitutional or enforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the ordinance. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one ore more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. Sec. 62-136. Fees. The fees provided for in this chapter shall be established by City Council resolution and shall not exceed the City's actual administrative costs." SECTION 2. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA. Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has:no potential for resulting in physical change to the environment, directly, or indirectly. SECTION 3. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after its adoption. SECTION 4. PUBLICATION. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED, AND ADOPTED this day of 2012. Joseph R. Rocha Mayor ATTEST: Vera Mendoza City Clerk • PERMIT NO. CITY OF AZUSA ENGINEERING DIVISION 213 E. Foothill Blvd., Azusa, CA 91702 (626) 812-5200 NEWSRACK PERMIT APPLICATION Type: ❑ Initial ❑ Permit Renewal Application Fee: $55 Business Name: City Business License No.: Applicant: Address: Telephone No.: Email: Periodical Name(s): Publisher: Telephone No.: Distributor: Telephone No: Location of Newsrack(s): (attach a diagram/site map of all newsrack locations) Address Nearest Cross Street Location (N,S.E,or W side of street) Indemnification and Hold Harmless Agreement: I agree to indemnify and hold harmless the City, its officers, employees, and agents from any claim, demand or judgment in favor of any person, arising out of activities or inactivities of the owner of the newsrack, his/her officers, employees, and agents with respect to damages to persons or property arising from the location, installation, maintenance, or removal of the owner's newsracks. Liability Insurance: I hereby affirm that I have both a liability insurance policy and a property damage insurance policy, naming the city and its officers, employees, and agents as additional insureds, in an amount not less than $150,000.00 minimum liability per occurrence on account of personal injury, including bodily injury, per person and $450,000.00 limit per occurrence. The minimum for property damage shall be in the amount of$1,000,000.00. The policies shall also be endorsed to provide that the insurance carrier will give the city 30 days written notice by certified mail before any cancellation of coverage. A certified copy of the insurance policies are hereby furnished. Certification: I certify that I have read this application and all statements hereon are correct, agree to perform all work in accordance with the City of Azusa Newsrack Ordinance. I understand this permit is valid for one(1)year and will obtain a permit from the City annually. Applicant's Signature: Date: Permit Issued By: Date: Request inspections 48 hours in advance with Public Works Inspector at(626) 812-5230. U CITY OF AZUSA MINUTES OF THE CITY COUNCIL - REGULAR MEETING . MONDAY,JULY 2,2012—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 E.Foothill Boulevard,Azusa,CA 91702. CLOSED SESSION - Closed Session Mr. Mike Lee addressed the item wishing good luck to Council on decisions to be made in closed M.Lee session. Comments The City Council recessed to Closed Session at 6:33 p.m.: Gov.Code Sec 54957.6—CONFERENCE WITH LABOR NEGOTIATOR Conference City Negotiators: City Manager Makshanoff w/Labor Organizations: ACEA (Azusa City Employees Association), AMMA (Azusa Middle Management Negotiators Association), SEN (Service Employees International Union),APMA(Azusa Police ACEA, Management Association),CAPP(Civilian Association of Police Personnel),APOA AMMA,SEIU, (Azusa Police Officers Association) and IBEW (International Brotherhood of APMA,APOA, Electrical Workers). - IBEW Gov. Code Sec. 54956.9 ( c) - CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED Anticipated LITIGATION. t Potential Case litigation The City Council reconvened at 7:32 p.m. City Attorney Martinez announced that Councilmember Report from Macias was not present at Closed Session and advised that there was no reportable action taken on item Closed No. I. Item No.2,City Council voted 4 to 0,to authorize City Manager to join any efforts by the League Session of California Cities to challenge AB1484,the recently adopted Redevelopment Trailer Bill,as long as it represents no cost to the City. Mayor Rocha called the meeting to order. Call to Order _ Pledge to the Flag was led by Ms.Brandy Linares Flag Salute Invocation was given by Pastor Eddie Velasquez of Azusa Ministerial Association Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: - Also Present City Attorney Martinez, City Manager Makshanoff, Police Chief Gonzalez, Interim Finance Director Paragas, Library Director Johnson, Economic and Community Director Christiansen, Interim Human - Resources Director Nieuber, Director of Utilities Morrow, City Engineer Hassel, Assistant Director to Economic and Community Development McNamara, Information Officer Quiroz, Public Works Senior Management Analyst Del Toro,City Clerk Mendoza,Acting Deputy City Clerk Hernandez. PUBLIC PARTICIPATION Pub Part Mr. Mike Lee addressed Council regarding local business, a proposed parking structure, wished all a M.Lee happy 4'of July,commended Councilmembers on ajob well done,and requested prayers for soldiers. Comments Representatives from Cafe Cola addressed Council thanking them for the opportunity to run their Cafe Cola business in the City and to Mr.Mike Lee for his continued support. Mr. Richard Carpenter addressed Council thanking them for the Citrus Ave. paving project, and R.Carpenter congratulated Cafe Cola for their business. Comments Mr.Juan Cicadelli,on behalf of Mr.Candido Benitez,addressed Council regarding an illegal patio cover- J.Cicadelli conversion-at 682 E. 5° Street stating-that the property was purchased with the patio conversion, and 682 S"St believes that.the previous owner is liable for any penalties as a result of the conversion. Patio Cover - - - Ms.Jeri Vogel addressed Council regarding a survey she made on the operation and maintenance cost per J.Vogel space on parking structures explaining the difference between operation and maintenance costs. Comments Mr. Bruce Knoles addressed Councilregardinga survey he made on parking structure costs, and B.Knoles expressed his opposition on a proposed parking structure. Comments Mr. Ronald Lohr addressed Council expressing his opposition to a proposed parking structure;he gave a R.Lohr brief history of him and his wife's 46 years of volunteer services, and encouraged all to get involved in Comments volunteering. Ms. Audrey Lohr addressed Council asking what would happen to the gazebo, bathroom storage, A.Lohr playground and benches at Veteran's Park,if a parking structure is built. Comments Mr. Jorge Rosales addressed council regarding Consent Calendar Item No. D-6, asking if there is any J.Rosales - connection between Arroyo Strategy Group and Arroyo Associates Inc. He spoke about a previous Comments presentation made by staff on proposed locations to construct a parking stmcture. Ms.Peggy Martinez addressed Council regarding her recent trip to the Ms.California Pageant in Fresno, P.Martinez where Ms. Azusa and Ms. Outstanding participated; Azusa's representation was on the top 25 finals in Comments both categories,and asked Council to continue their support to the Ms.Azusa Organization. Ms. Brandy Linares addressed council requesting an update on a previous request for a traffic signal at B.Lynares the comer of Is Street and Cerritos; she presented a poster indicating some of the accidents at this Comments intersection and her proposal to install a traffic signal. Ms. Sandra Benavides addressed Council congratulating Cafe Cola for their business; she addressed S.Benavides Consent Calendar items D-2 expressing her concerns for the people being laid off,and D-6 stating that Comments she believes there is a connection between Arroyo Strategy Group and Arroyo Associates;and expressed her concern on a proposed parking structure., City Manager Makshanoff indicated that he or a member of staff will respond to question at a later time, J.Makshanoff and requested to pull Consent Calendar Item D-6 for further discussion with staff. City Attorney &M.Martinez . indicated that staff will be discussing General Plan issues relating to item D-6. Comments REPORTS.UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Rpts,Updates Mayor Rocha gave notice to the public of City Board and Commission term of office expirations,ending Notice of Open September 30,2012 for the following Boards and Commissions of the City of Azusa: Board and Commission 2 Positions Architectural Barriers Commission Positions 1 Position - Cultural&Historic Preservation Commission 2 positions Human Relations Commission 1 position Library Commission . 1 position Personnel Board I position Planning Commission For interested residents, applications will be available in the City Clerk's Office, 213 East Foothill Boulevard, City Library, 729 N. Dalton Avenue, Light & Water Department, 729 N. Azusa Avenue, Police Department, 725 N. Alameda, an at: w%w.ci.azusa.ca.us; and they will be accepted through Thursday,August 30,2012. For further information,please call:(626)812-5233. Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously carried to Delegate and appoint Mayor Pro-tem Carrillo to the Independent Cities Associations to-attend their annual event. Alternate to Further,it was moved by Mayor Pro-tem Carrillo,seconded by Councilmember Hanks and unanimously the ICA carried to designate Councilmember Macias as the alternate. Mayor Pro-tem Carrillo stated the importance of volunteering thanking Mr. Ronald Lohr for the many Carrillo years he served as a volunteer,and encouraged all residents to get involved in volunteering;he wished all Comments a happy 4"of July,and asked all to abide by city rules when burning fireworks. Councilmember Gonzales wished all a happy and safe 4'of July. Gonzales Comments 07/02/2012 PAGE TWO Councilmember Hanks wished all a happy and safe 0 of July, stating that he was happy that Azusa Hanks celebrates with fireworks; he announced the Azusa Veterans Memorial Committee celebration on Comments Wednesday July 4, at 9:00 a.m. in front of City Hall, and the annual fundraiser breakfast of the Jesus Christ Latter-Day Saints at 7:00 a.m.; talked about the employees layoffs in Azzsa, and the city of Stockton potential bankruptcy filing asking for.blessings to our nation during this difficult financial times;requested public input on the 1446 Senate Bill,which will allow to put in the November ballot to extend measure R; the bill is scheduled to be votedbythe Southern California Council of Governments (SCCAG)this Thursday;and encourage residents to volunteer to any of the eight positions that are open to the City's Boards and Commissions. _ Councilmember Macias stated that he has visited Caf6 Cola on several occasions;the L&W meetings are Macias open to the public and recorded,the City Council and Planning Commission meetings are televised and Comments are placed in the internet to view at anytime, and that Council has been open and transparent; he announced the Eagles Annual Chile Cook-off on July 7,from 10-7 p.m. 1603 N. San Gabriel,benefits go to the challengers group,a group of mentally challenged children;and wished all a happy 41h of July. Mayor Rocha announced that the meeting will be adjourned in memory of Timoteo Hernandez. Oscar Rocha Aguirre and Angie Ochoa, lifelong residents of Azusa; wished all a happy 4' of July and read letters Comments from Cpl. lames A. Ramos from Afghanistan, giving thanks for the care packets, and from Ariel and Angie Verayo asking for prayers for their son, ILL Aldrich M. Verayo who is in the service; he announced that Wednesday from 9-10 a.m., donations will be collected in front of City Hall to prepare care packets for the troops,and a box for donations will be at reception desk in City Hall until July 14;he announced the Azusa Veterans Memorial Committee fund raising breakfast Sunday July 15, at 8 a.m., benefits go to prepare care packets for the troops;July 14,at 9:30 a.m. Gladstone Park be a walker. He held light discussion with staff regarding the traffic accumulation by the Garcia Trail to which staff has been working on to alleviate the problem;and requested to keep Service man and woman on prayers. SCHEDULED ITEMS Sched Items PUBLIC HEARING - ANNUAL METROPOLITAN TRANSPORTATION AUTHORITY (MTA) Pub Hrg CONGESTION MANAGEMENT PROGRAM(CMP)LOCAL DEVELOPMENT REPORT Congestion Management Economic and Community Director Christiansen presented the item stating that the state legislature Program requires that Metropolitan Transportation Authority (MTA) to annually monitor local jurisdictions and (CMP) determine that they are in compliance with the CMP Program. The Mayor declared the Hearing open.The City Clerk read the affidavit of proof of publication of notice of said Hearing published in the Azusa Herald on June 21.2012. Mayor asked for comments from the public but none were received. Moved by Councilmember Hanks, seconded by Council Member Gonzales,and unanimously carried to close the Public Hearing. Councilmember Gonzales offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, FINDING Reso 12-C46 THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM Adopting (CMP) AND ADOPTING THE 2012 CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE CMP WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. Moved by Councilmember Gonzales, seconded by Councilmember Hanks 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 CONTRACT FOR FISCAL YEAR 2012/13 WITH THE AZUSA CHAMBER OF COMMERCE Chamber of Economic and Community Director Christiansen presented the item stating that this is an annual contract. Commerce and this year the amount is being reduced;this portion comes out of the Light and Water budget as City is Contract not able to fund it at this time. The amount is less than last year, in compliance with last year's Council action to reduce the contract by 5% each year.City Attorney Martinez added that the contract is similar to last year's with some modifications needed to be made, such as removing Mayor and Council's column from their newsletter. Mr.Dan Bacani,Chamber Chairman,addressed Council thanking them for their continued support. D.Bacam Comments 07/02/2012 PAGE THREE After further discussion held, it was moved by Mayor Pro-tem Carrillo, seconded by Councilmember Contract tt Gonzales and unanimously carried to authorize staff to finalize and execute the Agreement Regarding Approved Y Chamber of Commerce Funding and Support between the City of Azusa and the Azusa Chamber of With Commerce for Fiscal Year 2012/13,with an amendment to keep the same amount that was given last year Amendment without the 5%decrease. The CONSENT CALENDAR consisting of Items D-1 through D-7, was approved by motion of Consent Councilmember Gonzales, seconded by Councilmember Hanks, and unanimously carried, with the Calendar exception of item D{,which was removed from the agenda. D-6 Removed 1. The minutes of the regular meeting of June 18, and the special meeting of June 25, 2012, were Min Appvd approved as written.Mayor Pro-tem Carrillo was absent at the special meeting of June 25. 2. HUMAN RESOURCES ACTION ITEMS were approved for: HR Action Merit increase and/or regular appointment:D.Ursua,E.Coulter,R.Lomingkit. Item Flexible staffing Promotions:L.Rogers New Appointment:L.Levario Separation: G. Agosta, B. Donnelson, R. Strege, T. Tate, O. Bruno, E. Lomeli, E. Wanstrath, L. Rogers,D.Shuttleworth,A.Martinez. 3. The City Treasurer's Report for the month of May 2012,was received and filed. - Treas Report 4. Approval was given to amend the existing B/R Partners agreement, extending its term to lune 30, B/R Partners 2013,and the Mayor was authorized to sign the amended agreement. Agreement 5. The following Resolution was adopted and entitled: Reso 12-047 Empl Coverage A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE Under One COVERAGE OF ALL OFFICERS AND EMPLOYEES UNDER ONE MASTER FAITHFUL Bond PERFORMANCE BOND 6. Request to allow Arroyo Strategy Group to submit a Disaster Recovery Initiative(DRI)was removed Removed from the agenda. From Agenda . 7. The following Resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Reso 12-C48 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warants TO BE PAID. SPECIAL CALL ITEMS Spec Call None. SUCCESSOR AGENCY RELATED MATTERS Sccsr Agency 1. Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried Treas Report to receive and file the Successor Agency of the former Redevelopment Agency Treasurer's Report for the month of May 2012. 2. Councilmember Gonzales offered a resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AUZSA Reso 12-R25 ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF THE CRA Warrants REDEVELOPMENT AGENCY FUNDS. Moved by Councilmember Gonzales, seconded by Councilmember Hanks 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 07/02/2012 PAGE FOUR - ORDINANCE/SPECIAL.RESOLUTIONS Ord/Resos - Mayor Pro-tem Carrillo offered an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA REPEALING Ord. 12-04 AND RESERVING SECTION 62-302 PROHIBITING SOLICITATION IN PUBLIC RIGHT-OF-WAY Amend - AND AMENDING SECTION 62-304 REGARDING THE PENALTIES FOR VIOLATIONS OF Solicitation -_ SECTIONS 62-302 AND 62-303 OF THE AM SA MUNICIPAL CODE. - in Public - Right of Way � Moved by Mayor Pro-tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to waive further reading and adopt.Ordinance passed and adopted by the following vote of the Council: " 1 n AYES: COUNCILMEMBERS:GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: COUNCILMEMBERS:NONE ABSENT: COUNCILMEMBERS:NONE It was consensus of-council to adjourn in memory of Timoteo Hemandez, Oscar Aguirre and Angie Adjourn in Ochoa. Memory of T.Hernandez TIME OF ADJOURNMENT:9:00 P.M. O.Aguirre A.Ochoa CITY CLERK NEXT RESOLUTION NO.2012-C49.(City) NEXT ORDINANCE NO.2012-05. NEXT RESOLUTION NO.2012-R26(Former Redevelopment Agency) 07/02/2012 PAGE FIVE - \ - y v, CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT NEIUBER, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER VIA: JAMES MAKSHANOF , CITY MANAGER DATE: JULY 16, 2012 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 July 10, 2012, the Personnel Board confirmed the following Department Head recommendation regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPARTMENT` NAME':; .' .sCLASSIFICATION ,, ACTION/EFF; RANGEISTEP DATE ', rBASE MO SALARY ;. UTL Alicia Holmes Administrative Analyst Reg Appt/Merit 4192/2 Increase $5,045.39 06/05/2012 F. SEPARATION: The following separations are submitted for informational purposes. I.DEPARTMENT: INAME " 'CLASSIFICATION EFFECTIVE DATE CC Candy Toscano Assistant City Clerk 06/30/2012 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. r'9<lfORNtP""� . CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: NANCY JOHNSON, LIBRARY DIRECTOR VIA: JAMES MAKSHANOFF/, CITY MANAGER DATE: JULY 16, 2012 SUBJECT: APPROVAL OF EMERGENCY LSTA FUNDING FOR THE ADULT LITERACY PROGRAM AND ASSOCIATED BUDGET AMENDMENTS RECOMMENDATION It is recommended that the City Council 1) Approve acceptance of LSTA grant funds from the California State Library in the amount of $6,840 and 2) Approve the budget amendments associated with this grant. BACKGROUND The California State Library has dispersed remaining Library Services and Technology Act (LSTA) funds for FY 2011-12 to library literacy programs throughout the State. Monies are designated for salary expense for literacy program staff. All funds must be expended by September 30. FISCAL IMPACT The fiscal impact is positive. No match is required and this funding supplements the FY 2012-13 literacy budget. Proposed budget amendments are summarized in ATTACHMENT A. ATTACHMENT A Budget Amendment Request (New Appropriation) Emergency Funding LSTA Funding for Adult Literacy Program Award Letter: $6,840 Account 9 28-30-515-050-4540 Projected Expenditures: Salaries Account#28-30-515-6006 TOTAL $6,840 i WWII CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES VIA: JAMES MAKSHANOF , CITY MANAGER DATE: JULY 6, 2012 SUBJECT: NOTICE OF COMPLETION FOR CDBG ATHLETIC COURT RESURFACING PROJECT NO 601409-11 RECOMMENDATION: It is recommended to City Council that they authorize Notice of Completion for CDBG Athletic Court Resurfacing and direct staff to file the NOC with the Los Angeles County Recorders Office accordingly. BACKGROUND: This Award of Contract for this project was approved at the Council meeting of April 16, 2012. Notice to Proceed was given on May 14, 2012 and all work was completed on June 12, 2012. FISCAL IMPACT: The project was fully funded at$31,942 in account#1880000910-713D60409-7130. The bid award was$30,775.00. An additional change order of$1,000 was added,resulting in the resurfacing of the Splash Pad at the Azusa Aquatics Center. The project was still completed under budget at $31,775.00. Attachment: Notice of Completion 12-072 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: f NAME Azusa City Clerk STREET ADDRESS 213 E.Foothill Blvd. CITY,STATE& Azusa,CA 91702 ZIP CODE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093,must be filed within 10 days after completion.(See reverse side for Complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is The City of Azusa 3. The full address of the owner is 213 E.Foothill Blvd.,Azusa,CA 91702 4. The nature of the interest or estate of the owner is: In fee. (IF OTHER THAN FEE,S JKE NN FEFA ANO INSFAT.FORE%AMPIE,MURCHASER UNDER CONTRACT OF PURCHASE,n OR AIESSEEo) 5. The full names and full addresses of all persons, if any,who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES 7. A work of improvement on the property hereinafter described was completed on June 12,2012. 8. The name of the contractor,if.any,for such work of improvement was California Surfacing. 9. The property on which said work of improvement was completed is in the City of Azusa.,County of Los Angeles, State of CA; and is described as follows: Gladstone,Memorial and Slauson Parks. 10. The street address of said property is Gladstone Park,414 S.Pasadena.,Azusa,CA. Memorial Park,320 N.Orange Place,Azusa,CA Slauson Park,501 E.Fifth St.,Azusa CA. Joe Rocha,Mayor Dated: July 16,2012 (SIGNATURE OF OWNER OR CORPORATE OFFICER OF OWNER NAI EO IN PA ORMH 3 OR HIS AOENT) VERIFICATION 1,the undersigned,say:I am the the declarant of the foregoing notice of completion; pPRFSNENT OFa,NMNAGER OFA,APARTNE0.0rQ.AOWNER OFa,ErCJ ' I have read said notice of completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is We and correct. Executed on at - (CITY) (STATEI (PERSONA SIGNATURE OF THE INDIVIDUAL WHO IS SWEARWG TNAT THE CONRWS OF THE NOTICE OF COMPIEf1ON ARE TRUE) `y q2N _. C,1/PORIA. . CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR VIA: JAMES MAKSHANOF ITY MANAGER DATE: JULY 16, 2012 SUBJECT: AUTHORIZATION TO ENTER INTO A MASTER AGREEMENT AND A PROGRAM SUPPLEMENT AGREEMENT WITH CALTRANS FOR SAFE ROUTES TO SCHOOL PROJECT NO. SRTSLNI-5112(015) RECOMMENDATION It is recommended that the City Council authorize the City Manager to enter into a Master Agreement and Program Supplement Agreement with the California Department of Transportation (Caltrans)for the receipt of federal transportation funds for current and future projects. BACKGROUND The federal Safe Routes to School (SRTS) program awarded $42 million in projects for Cycle 3. The Public Works Department applied for grant funds and will receive $1,500,000 of federal Safe Routes to School (SRTS) funds. The project for the grant application was entitled "Azusa Safe Routes to School — Project Walk and Roll." A portion of the referenced project is $500,000 in non-infrastructure projects. Non-infrastructure projects are conducting walk-ability/ability studies, bicycle safety training, implement bicycle training programs or walking school bus programs, outreach and education to students, parents and teachers. Ineligible project items are projects that do not specifically serve the stated purpose of the SRTS program and projects that intend to make drop-offs more convenient for drivers rather than to improve areas to accommodate biking or walking to school. The funding will be utilized by the City and the Azusa Unified School District to institute the programs stated above and perhaps other innovative programs. FISCAL IMPACT The Master Agreement and Program Supplement Agreement must be executed for the City to receive federal-aid transportation funding through Caltrans. Attachment: Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, TO ENTER INTO A MASTER AGREEMENT AND PROGRAM SUPPLEMENT AGREEMENT WITH CALTRANS FOR SAFE ROUTES TO SCHOOL PROJECT NO. SRTSLNI-5112(015) WHEREAS, the City of Azusa is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation (Caltrans); and, WHEREAS, Master Agreements, Program Supplement Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements need to be executed with Caltrans before such funds could be claimed; and, WHEREAS, the City of Azusa wishes to delegate authorization to execute these agreements and any amendments thereto to the City Manager. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Azusa hereby authorizes the City Manager to enter into Master Agreements, Program Supplement Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements with Caltrans. SECTION 2. The City Clerk shall certify the adoption of this resolution. PASSED,APPROVED and ADOPTED this 16d day of July, 2012. By: Joseph R. Rocha, Mayor I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting held on the 16th day of July, 2012, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Vera Mendoza, City Clerk U u. CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR VIA: JAMES MAKSHANO , CITY MANAGER DATE: JULY 16, 2012 SUBJECT: SAFE ROUTES TO SCHOOL PROJECT NO. SRTSLNI-5112(015) - REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL GRANT ADMINISTRATION, PROJECT MANAGEMENT SERVICES, AND PROJECT IMPLEMENTATION FOR PROJECT NO. SRTS3-07-002 (NON-INFRASTRUCTURE), AZUSA SAFE ROUTES TO SCHOOL — PROJECT WALK AND ROLL FOR ELEMENTARY SCHOOLS DISTRICT-WIDE. RECOMMENDATION It is recommended that the City Council authorize staff to solicit qualifications to obtain professional management services and project implementation for the City of Azusa safe routes to school — Project Walk and Roll for Elementary Schools District-Wide. BACKGROUND The federal Safe Routes to School (SRTS) program awarded $42 million in projects for Cycle 3. The Public Works Department applied for grant funds and will receive $1,500,000 of federal Safe Routes to School (SRTS) funds. The project for the grant application was entitled"Azusa Safe Routes to School — Project Walk and Roll." A portion of the referenced project is $500,000 in non-infrastructure projects. Non-infrastructure projects are conducting walk-ability/ability studies, bicycle safety training, implement bicycle training programs or walking school bus programs, outreach and education to students, parents and teachers. Ineligible project items are projects that do not specifically serve the stated purpose of the SRTS program and projects that intend to make drop-offs more convenient for drivers rather than to improve areas to accommodate biking or walking to school. The funding will be utilized by the City and the Azusa Unified School District to institute the programs stated above and perhaps other innovative programs. The City of Azusa and the Azusa Unified School District will review the proposals to determine the consultant to be selected to manage the project. Caltrans will be included in the selection process to assure that all parameters of the funding are followed. Public Works will provide oversight of the project funds and handle reporting to Caltrans. FISCAL IMPACT There is no fiscal impact to obtain the RFQs. Following approval of the management consultant, any costs incurred would be deducted from the allowable funding within the $500,000 Non-Infrastructure funds. There are no matching funds required with this grant and no general funds would be spent on this project. Attachment: Request for Qualificaions - Professional grant administration, project management services, and project implementation for project no. SRTS3-07-002 (non-infrastructure), Azusa Safe Routes to School —Project Walk and Roll for elementary schools district-wide. CITY OF AZUSA REQUEST FOR PROPOSALS NOTICE IS HEREBY GIVEN that separate sealed bids will be received at the City of Azusa-. City Clerk's Office, 213 E. Foothill Blvd., Azusa, CA 91702, California, phone (626) 812-5064 until 10:00 a.m. on September 5, 2012, at which time they will be opened and reviewed for the provision of the following: "REQUEST FOR PROPOSAL FOR PROFESSIONAL GRANT ADMINISTRATION, PROJECT MANAGEMENT SERVICES, AND PROJECT IMPLEMENTATION FOR PROJECT NO. SRTS3-07-002 (NON- INFRASTRUCTURE), AZUSA SAFE ROUTES TO SCHOOL — PROJECT WALK AND ROLL FOR ELEMENTARY SCHOOLS DISTRICT-WIDE." All proposals must be sealed and clearly identify the bidder's name and address. The City of Azusa hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this invitation, the City will not discriminate against any bidder 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 bids are deemed public records and may be subject to disclosure upon request. The City reserves the right to reject any or all proposals, to waive any informality or irregularity in any bid received, and to be the sole judge of the merits of the bids received. All questions relative to this proposal must be submitted in writing via e-mail to: Carl E. Hassel, P.E., Assistant Public Works Director/City Engineer chassel ,ci.azusa.ca us Questions shall be submitted as early as possible so they can be answered through an addendum if necessary. Questions will be received up to 5:00 PM on August 14, 2012, after which they Ail] not be answered. CITY OF AZUSA DATED: July 16, 2012 PUBLISH: July 26, 2012 CLOSING: September 5, 2012 REQUEST FOR PROPOSAL FOR PROFESSIONAL GRANT ADMINISTRATION, PROJECT MANAGEMENT SERVICES, AND PROJECT IMPLEMENTATION FOR PROJECT NO. SRTS3-07-002 (NON-INFRASTRUCTURE) AZUSA SAFE ROUTES TO SCHOOL—PROJECT WALK AND ROLL FOR - ELEMENTARY SCHOOLS DISTRICT-WIDE A. INTRODUCTION The City of Azusa (Agency) is requesting proposals from qualified consultants to provide for the grant administration, project management, and project implementation for Project No. SRTS3-07- 002 (Non-Infrastructure), Azusa Safe Routes to School — Project Walk and Roll. The project is intended to promote walking and bicycling among Azusa school children to help them to become more physically active. The project shall create safer routes to school by incorporating education and encouragement programs at each of eleven (11) schools, and developing enforcement activities across the district. Evaluation shall also be conducted to demonstrate project outcomes and to adapt the project to increase effectiveness. The program will be administered by the Public Works Department. B. PROJECT DESCRIPTION a. District-wide implementation of Safe Routes to School at 11 elementary schools including committee formation, recruiting of parents, planning events and activities, collecting data, and preparing site plans. b. Use of"toolkit' for Community Engagement/Evaluation. c. Use of existing networks created in pilot project. d. Use existing model of activities (e.g. family nights, publicity, community activities, committee development, etc) e. Site plans for infrastructure modifications as needed for each elementary school in the district. C. SCOPE OF WORK FOR GRANT ADMINISTRATIONS, PROJECT MANAGEMENT,AND PROJECT IMPLEMENTATION SERVICES The selected consultant for this project .is to assist the Agency to administer, manage, and implement the non-infrastructure portion of the Safe Routes to School project. The project is expected to start in October 2012 with a two year completion schedule. Consultants must have a working knowledge of the Federal and Caltrans requirements for completing a Caltrans Cycle 3 Non-Infrastructure Federal Safe Routes to School Project. Consultants shall provide their own resources and are responsible for completing all necessary post- authorization project steps including, but not limited to required project deliverables. htty://www.casaferoutestoschool or /urantees/ http://www.dot.ca.gov/ho/LocalPro2rams/saferoutes/saferoutes htm D. GENERAL TERMS AND CONDITIONS Accompanying this RFP is Appendix A, which contains a copy of the standard City contract the selected consultant will be required to sign for this project. Each prospective consultant is expected to review the general terms and conditions and acknowledge their acceptance of Appendix A in the Proposal Cover letter, or list their objections and requested revisions in the contract requirements for City's consideration. E. INSURANCE REQUIREMENTS The selected Consultant shall maintain in force at all times during the performance of this contract the following insurance policies: a. Comprehensive.General Liability, including contractual liability, products and completed operations and business automobile liability, all of which will include coverage for both bodily injury and property damage with a combined single limit of$2,000,000. The City shall be named as "additional insured" on all policies required to be furnished. b. Professional liability coverage with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate. C. Workers' Compensation coverage at statutory limits. d. The consultant shall assume liability for the wrongful or negligent acts, errors and omissions of its officers, agents and employees and subcontractors, and have adequate insurance to cover such negligent acts, errors and omissions with limits of$2,000,000. F. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM PARTICIPATION REQUIREMENT The City of Azusa is committed to fulfilling the spirit and intent of the Disadvantaged Business Enterprise (DBE) Program regulations published under Title 49 CFR Part 26; Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. It is the policy of the City of Azusa to ensure that disadvantaged business enterprises have equitable access to participate in all federally funded projects. Further, it is the policy of the City of Azusa to promote equal opportunity and nondiscrimination on the basis of race, color, sex, or national origin in the award and/or performance of any federally funded, or in the administration of its DBE program or the requirements of 49 CFR Part 26. Consultants must complete and submit with its proposal a DBE or UDBE participation/commitment (Exhibit 10-01 or Exhibit 10- 02). G. REQUIRED FORMAT FOR PROPOSAL SUBMITTAL Interested firms shall submit one (1) original and two(2) copies of sealed proposals which shall include the information outlined below and in the following order. Proposals shall not exceed 15 pages. Table of Contents Contents of proposal. Section 1: Cover Letter/Executive Summary Provide an executive summary emphasizing the strong points of the project team, qualifications and experience. The cover letter/executive shall be signed by a person with the official authority to bind the company. The cover letter/executive shall include the name, address, telephone number, title, and signature of the firm's contact person for this proposal, and state that the submittal is valid for 90 days. Section 2: Approach Provide a narrative in which the firm delineates their understanding of what is being requested by the City of Azusa in this proposal including the work they will accomplish for the City, noting any work items they believe should normally be accomplished under this request but not a part of this proposal. In addition, include the methodology, approach, or work plan, including timelines, which would be used to complete the project. Section 3: Project Team Qualifications and experience of staff assigned to the project. Section 4: Firm Qualifications Provide your firm's service capabilities, qualifications and experience related to this project. Section 5: References Provide 5 public agency references for similar assignments. Section 6: Insurance Provide a copy of firm's current insurance certificate. Section 7: Fee Proposal Sheet with"Not to Exceed"project cost. H. CONSULTANT SELECTION METHODOLOGY The City will select the most qualified consultant for contract negotiation. Negotiations regarding a fair and reasonable price will occur subsequent to consultant selection. Should the City be unable to obtain a fair and reasonable price through negotiations with the selected consultant, the City will enter into negotiations with the next highest qualified bidder and may award that contract if the parties are able to arrive at a fair and reasonable price. If that is unattainable, the City shall enter into negotiations with the next highest qualified bidder in sequence until an agreement is reached. The submittals will be evaluated based upon several factors. These factors include the format, organization, and presentation, the qualification and experience of the project staff, and the experience in the processes and procedures of the involved regulations. 1. QUESTIONS REGARDING THIS REQUEST All inquiries and responses to this proposal must be submitted in writing via e-mail to: Carl E. Hassel, P.E., Assistant Public Works Director/City Engineer chassel ..ci.azusa.ca.us J. PROPOSAL SUBMITTAL PROTOCOL In order to be considered in the selection process, sealed proposals must be received in the City Clerk's Office by 10:00 a.m. on September 5, 2012, at which time they will be opened and reviewed. Late proposals will not be accepted. K. PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFP PREPARATION The City shall not be liable for any pre-contractual expenses incurred by any bidder or by any selected consultant. Each bidder shall protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the entity participating in the preparation of its response to this Request for Proposals. Pre-contractual expenses are defined as expenses incurred by bidders and the selected consultant, if any, in: • Preparing and submitting information in response to this Request for Proposals. ■ Negotiations with the City on any matter related to this procurement. • Costs associated with interviews, meetings, travel or presentations ■ All other expenses incurred by a bidder/consultant prior to the date of award and a formal notice to proceed. The City reserves the right to amend, withdraw and cancel this request. The City reserves the right to reject all responses to this request at any time prior to contract execution. The City reserves the right to request or obtain additional information about any and all proposals. L. ORAL INTERVIEWS In addition to the written proposal, each firm may be asked to make an oral presentation to the Selection Advisory Committee. The consultant should have available a principal in the firm,the project manager and the project engineer to discuss the following: A. The major elements of the proposal and be prepared to answer questions clarifying their detailed proposal. B. A description of previously related experience for key project team members. Work sample exhibits may also be used. C. The proposed man-hour resources and total project design fee. M. RIGHT TO REJECT ALL PROPOSALS The Agency reserves the right to reject any or all proposals submitted; and no representation is made hereby that any contract will be awarded pursuant to this Request for Proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of a proposal prior to the award of a written contract will be bome by the respondent. The Agency will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind, which may be incurred by a respondent. All proposals submitted to the Agency in response to this Request for Proposal shall become the property of the Agency. APPENDIX A SAMPLE CONTRACT [[MODEL-REMOVE THIS TITLE WHEN USED]] CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this _ day of 20_ by and between the City of Azusa, a municipal organization organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702-1295 ("City") and [_INSERT NAME, a [_[INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]_] with its principal place of business at [INSERT ADDRESS_] ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing [_INSERT TYPE OF SERVICES_] services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the .[`INSERT NAME OF PROJECT_] project("Project') as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scone of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [_INSERT TYPE OF SERVICES_] consulting 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. 3.1.2 Term. The term of this Agreement shall be from [_INSERT START DATE_] to [_INSERT ENDING DATE_ J, 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. 3.2 R esponsibi6ties of Consultant. 3.2.1 Control and Payment of Subordinates: Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant 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 Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant 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. Consultant 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. Consultant shall perform the Services expeditiously, within the tern of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and .incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant 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 Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [_INSERT NAMES_]. 3.2.5 Citv's Representative. The City hereby designates [_INSERT NAME OR TITLE_], 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. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates (_INSERT NAME OR TITLE 1, or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to-represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant'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. 3.2.7 Coordination of Services. Consultant 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. 3.2.8 Standard of Care; Performance of Employees. Consultant 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. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant 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, Consultant 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 Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants 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 Consultant and shall not be re-employed to perform any of the Services or to work on the Project. . 3.2.9 Laws and Regulations. Consultant 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 notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant 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. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant 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, Consultant 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. 3.2.10.2 Minimum Requirements. Consultant 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 Consultant, its agents, representatives, employees or subcontractors. Consultant 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. Consultant 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. 3.2.10.3 Professional Liability. [INCLUDE ONLY IF APPLICABLE - DELETE OTHERWISE] Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 [INCREASE IF NECESSARY - OTHERWISE LEAVE AS IS AND DELETE THIS NOTE] per claim, and shall be endorsed to include contractual liability. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liabilitv. 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 Consultant, 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 Consultant'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 Consultant'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 Consultant or for which the Consultant 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 Consultant'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 Consultant'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 Consultant. (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. 3.2.10.5 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. 3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than ANIIl, licensed to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant 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. 3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant 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. 3.3 Fees and Payments. 3.3.1 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 L_INSERT WRITTEN DOLLAR AMOUNT_] ($f INSERT NUMERICAL DOLLAR AMOUNT_]) without written approval of City's . 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. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. 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. Consultant 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 Consultant 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. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seg., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates ana the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant 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. Consultant 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 Consultant,terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant 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: Consultant: [_INSERT NAME, ADDRESS & CONTACT PERSON_] City: City of Azusa 213 East Foothill Blvd. Azusa, CA 91702-1295 Attn: [_INSERT NAME & DEPARTMENT_] 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 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensiniz of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 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. 3.5.5 Attorney'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 reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant 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 Consultant, 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 attorney's fees and other related costs and expenses. Consultant shall defend, at Consultant'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. Consultant 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. Consultant 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. Consultant'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. [***]IF FOR DESIGN PROFESSIONAL SERVICES (ARCHITECT, LANDSCAPE ARCHITECT, ENGINEER OR LAND SURVEYOR), USE THE FOLLOWING ALTERNATIVE LANGUAGE AND DELETE THE ABOVE LANGUAGE. To the fullest extent permitted by law, 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, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Contractor's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractors 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. Contractors obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.***] 3.5.7Entire 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. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant 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. 3.5.13 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 Consultant include all personnel, employees, agents, and subcontractors of Consultant, 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. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 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 Parry shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 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. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a.bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, 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. 3.5.19 Equal Opportunity Employment. Consultant 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. Consultant 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. 3.5.20 Labor Certification. By its signature hereunder, Consultant 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. 3.5.21 Authority to Enter Agreement. Consultant 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. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant 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. [SIGNATURES ON FOLLOWING PAGE] CITY OF AZUSA [INSERT NAME OF CONSULTANT] By: By. James Makshanoff City Manager [Name] [Title] Attest: Vera, Mendoza City Clerk Approved as to Form: Best Best & Krieger LLP City Attorney EDIT "All SCOPE OF SERVICES [INSERT SCOPE] EaHiBrr "B" SCHEDULE OF SERVICES PROJECT WILL BE COMPLETED IN 2 YEARS. Eli l rr "C" COMPENSATION [INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES] Page 1 EXHIBIT 10-01 Local Agency Proposer UDBE Commitment(Consultant Contracts) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM .LOCAL AGENCY: City of Azusa LOCATION: Azusa California PROJECT DESCRIPTION: Azusa Safe Routes to School–Project Walk and Roll PROPOSAL DATE: PROPOSER'S NAME: WORK DESCRIPTION OR SERVICES TO BE UDBE CERT NO. NAME OF EACH UDBE(Must be PERCENT ITEM NO. SUBCONTRACTED(or contracted if AND EXPIRATION certified at the time proposals are PARTICIPATION the proposer is a UDBE) DATE due-include UDBE address and OF EACH UDBE hone number) For Local Agency to Complete: Local Agency Proposal Number: Total Claimed UDBE Federal-Aid Project Number: Commitment Federal Share: Proposal Date: Signature of Proposer Local Agency certifies that the UDBE certifications have been verified and all information is complete and accurate/unless noted otherwise. Date (Area Code)Tel.No. Print Name Signature ate�— Person to Contact (Please Type or Print) Local Agency Representative (Area Code)Telephone Number Local Agency Proposer UDBE Commitment(Consultant Contracts) (Rev 627/09) Distribution: (1)Original-Local agency files t. S INSTRUCTIONS —LOCAL AGENCY PROPOSER UDBE COMMITMENT (CONSULTANT CONTRACTS) ALL PROPOSERS: PLEASE NOTE- It is the proposer's responsibility to verify that the UDBE(s)falls into one of the following groups in order to count towards the UDBE contract goal: 1) African Americans; 2) Asian- Pacific Americans;3) Native Americans; 4) Women.This information must be submitted with your proposal. Failure to submit the required UDBE commitment will be grounds for finding the proposal g nonresponsive. A "UDBE"is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: African Americans,Native Americans,Asian-Pacific Americans,or Women. The form requires specific information regarding the consultant contract: Local Agency, Location, Project Description,Proposal Date, Proposer's Name, and Contract UDBE Goal. The form has a column for the Work Item Number and Description or Services to be subcontracted to UDBEs(or performed if the proposer is a UDBE). The UDBE prime contractors shall indicate all work to be performed by UDBEs including work to be performed by its own forces, if a UDBE. The UDBE shall provide a certification number to the Consultant and notify the Consultant in writing with the date of decertification if their status should change during the course of the contract.Enter UDBE prime consultant and subconsultant certification numbers.The form has a column for the Names of certified UDBEs to perform the work(must be certified on the date proposals are due and include UDBE address and phone number). There is a column for the percent participation of each UDBE. Enter the Total Claimed UDBE Participation percentage of items of work submitted with proposal pursuant to the Special Provisions. (If 100%of item is not to be performed or furnished by the UDBE,describe exact portion of time to be performed or furnished by the UDBE.) See "Notice to Proposers Disadvantaged Business Enterprise Information,"(Exhibit 10-I) to determine how to count the participation of UDBE firms. Note: If the proposer has not met the contract goal,the local agency must evaluate the proposer's good faith efforts to meet the goal in order to be considered for award of the contract. p Exhibit 10-01 must be signed and dated by the consultant submitting the proposal. Also list p a phone number in the space provided and print the name of the person to contact. T EXHIBIT 10-02 Local Agency Proposer DBE Information (Consultant Contracts) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM LOCAL AGENCY: City of Azusa LOCATION:_Azusa.California PROJECT DESCRIPTION: Azusa Safe Routes to School—Proiect Walk and Roll TOTAL CONTRACT AMOUNT (S): WORK DESCRIPTION OR SERVICES TO BE DBE CERT N0. NAME OF EACH DBE(Must LLAR AMOUN T;OF ITEM NO. SUBCONTRACTED(or contracted if AND EXPIRATION be certified at the time proposals ACH DBE the proposer is a DBE) DATE are due-include DBE address and phone number) For Local Agency to Complete: Total Claimed DBE Local Agrncy Contract Number: Participation Federal-Aid Project Number: Federal Share Contract Award: Local Agency certifies that the DBE certifications have been verified and all information is complete and accurate. Signature of Proposer Print Name Signature Date Local Agency Representative Date (Area Code)Tel.No. (Area Code)Telephone Number: For Caltrans Review: Person to Contact (Please Type or Print) Print Name Signature Date Local Agency Proposer DBE Information(Consultant Contracts) Caltrans District Local Assistance Engineer (Rev 6127/09) Distribution: (1)Copy-Fax or scan a copy to the Caltrans District Local Assistance Engineer(DLAE) within 15 days after contract execution. Failure to send a copy to the DLAE within 15 days after contract execution may result in deobligation of funds for this project.(2) Original-Local agency files INSTRUCTIONS - LOCAL AGENCY PROPOSER DBE INFORMATION (CONSULTANT CONTRACTS) SUCCESSFUL PROPOSER: The form requires specific information regarding the consultant or other contract: Local Agency, Location, Project Description,Total Contract Amount, Proposal Date, and successful Proposer's Name. The form has a column for the Work Item Number and Description or Services to be Subcontracted to DBEs. The prime consultant shall indicate all work to be performed by DBEs including, if the prime consultant is a DBE, work performed by its own forces, if a DBE. The DBE shall provide a certification number to the prime consultant. Enter DBE prime consultant's and subconsultant's certification number. The form has a column for the Names of DBE certified contractors to perform the work (must be certified on or before the proposals are due and include DBE address and phone number). Enter the Total Claimed DBE Participation dollar amount of items of work in the total DBE Dollar Amount column. (If 100% of item is not to be performed by the DBE, describe exact portion of time to be performed by the DBE.) See "Notice to Proposers Disadvantaged Business Enterprise Information,"( Exhibit 10-I) to determine how to count the participation of DBE firms. Exhibit 10-02 must be signed and dated by the successful proposer at contract execution. Also list a phone number in the space provided and print the name of the person to contact. U � s CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR VIA: JAMES MAKSHANOFV7 CITY MANAGER DATE: JULY 16, 2012 SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ENTERPRISE FLEET SERVICES FOR THE LEASE OF 5 VEHICLES RECOMMENDATIONS It is recommended that the City Council authorize the City Manager to execute an agreement with Enterprise Fleet Services for the lease of 5 vehicles at an annual cost of$30,240.24. BACKGROUND The Public Works Garage was staffed by one full-time Equipment Mechanic. The Garage serviced vehicles/equipment for Public Works, Recreation & Family Services and Economic and Community Development. In FY 10/11, the amount spent on the operation of the Public Works Garage was $153,032. When the Equipment Mechanic announced his retired on June 21, 2012, staff analyzed various alternatives and concluded the most cost effective measure will be to not fill this vacancy and contract out fleet maintenance services. In FY 12/13, The City budgeted $95,000 for contracted fleet maintenance and projects a cost savings of$58,032. In consideration of the limited vehicle replacement fund, staff examined fleet solutions that will reduce operating costs and lower the average age of our fleet. Enterprise Fleet Services proposed a fleet replacement strategy for medium and light-duty vehicles that will accomplish these goals. Older vehicles significantly increase overall operating cost because of the additional necessary maintenance and repairs. As older vehicles are replaced through the lease of new vehicles, maintenance cost will decrease substantially. A portion of the cost savings attributed to the contracting of fleet maintenance will be utilized to fund the cost of leasing five medium-duty vehicles. The lease is for 60 months, there are no mileage restrictions or wear and tear charges. At the conclusion of the lease, the City will have the option to purchase the vehicle. Furthermore, a comprehensive maintenance plan is included in the lease price. Maintenance includes all preventative, unscheduled, and uncommon repairs (lubricant changes, brakes, tires, engines, transmissions, alternators, etc.) and 24-hour Roadside Assistance. The goal is to eventually replace all medium and light-duty vehicles over the next five years and keep them on a 5-7 year life cycle. This program will provide a safer,more professional fleet and save the.City money in the process. The cost of leasing all 29 medium and light-duty vehicles in our fleet is $147,000 which.is still less than the cost of operating the Garage. The following vehicles receive heavy usage and have incurred significant maintenance costs: Vehicle . Monthly Lease 2012 Ford F-250 Regular Cab Truck (replacing 1997 Ford F-250) $ 410.41 2012 Ford F-250 Utility Bed Truck (replacing 1998 Ford F-250) $ 526.51 2012 E-350 Commercial Cargo Van (replacing 1994 Ford E-350 $ 522.78 (2) 2012 Ford F-250 Flatbed w/ Lift Gate (replacing 1987 & 1990 F7350) $1060.32 Total Monthly Cost $2,520.02 It is further recommended that the City Council approve the lease of these vehicles based on a competitive bid process completed by the City of Santa Ana, CA (Bid #09-055). The Azusa Police Department also currently leases undercover vehicles from Enterprise Fleet Services. FISCAL IMPACT The FY 2012/13 budget has the following allocations: $6,000 — Sewer Fund #34-55-665-000- 6823; $6,000 Gas Tax Fund #12-55-661-000-6823; and $18,000 - General Fund #10-90-000- 000-6823. The excess of$240.24 will be paid out of fleet maintenance. top OF ArG. � M• U Y CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER VIA: JAMES MAKSHANOF , CITY MANAGER DATE: JULY 16, 2012 SUBJECT: AWARD OF CONTRACT— PURCHASE OF SEWER VACTOR TRUCK RECOMMENDATION It is recommended that. the City Council award a contract in the amount of $361,627.46 to Haaker Equipment Company for the purchase of a 2012 Sewer Vactor Truck. BACKGROUND The FY 2012-13 Capital Outlay budgeted funds in the amount of$411,075 for the purchase of a new Sewer Vactor Truck. The demand for this new truck was identified in the Sewer Master Plan. The current Sewer Vactor Truck is undersized for the recommended cleaning activities and requires multiple trips back to the corporate yard for recharging of the water tanks. This leads to inefficient cleaning and can lead to problems during an overflow event or line backup. This purchase can be "piggy-backed" on to Cucamonga Valley Water District Purchase Order #015840 (2/15/12). Azusa's Purchasing Ordinance allows the "piggy-back" under Section 2-522 (a); City is exempt from procuring through a competitive bid process "if its determined that a competitive bid procedure has been conducted by another public agency and the price to the City is equal to or better than that price to that public agency." FISCAL IMPACT Cost of the 2012 Sewer Vactor Truck is under the $411,075 budgeted amount. This purchase will be paid from Sewer Fund #34-55-661-000-7135. Attachments: Cucamonga Valley Water District Purchase Order Proposal and Specifications i I 3A If i R EQUIPMENT COMPANY 2070 North White Avenue. La Verne. California 91750 (909) 598-2706 — FAX (909) 598-1427 — haaker.com July 10, 2012 Mr. George Dubois CITY OF AZUSA 213 E. Foothill Blvd, Azusa CA 91702 Dear Mr. Dubois: Haaker Equipment Company is pleased to offer City of Azusa the opportunity to purchase a new Vactor 2110 Plus via an add-on/cooperative purchase. The City of Cucamonga advertised and received bids for a Vactor per their specifications/bid 2102 Combination Sewer Cleaner, PO #015840_ Unit equipped as follows: ONE(1) VACTOR 2110 PLUS COMBINATION SEWER CLEANER 10-Cubic Yard Capacity with Roots 15" Positive Displacement Blower, 1000 Gallons of Water, Mounted on a 2012 Freightliner 4x2 350 HP Chassis with Allison Auto Transmission. Equipped with all Standard and Optional Equipment listed: Standard and Optional Equipment Included• ✓ One Alum Tool Box-Weather Proof Lockable- 48x22x24 ✓ Hydraulic Oil High Temperature Light/Alarm Located Passenger Side On Sub frame ✓ Liquid Float Level Indicator ✓ Aluminum Fenders ✓ Front Blower Controls ✓ Mud Flaps ✓ 180 Degree Rotation Non-Telescopic Boom, Front ✓ Electric/Hydraulic For Way Boom Loading 8"Suction Hose ✓ Color Coded Sealed Electrical System ✓ Boom Transport Cradle ✓ Remote Pendant Control With 35'Cord ✓ 3"Y Strainer At Water Pump W/3"Drain Valve ✓ Double Acting Hydraulic Dump Hoist Cylinder ✓ Midship Handgun Coupling ✓ Y'Y Strainer With 25'Fill Hose ✓ Water Flow Meter ✓ Handgun Assembly And 1/2"X 35'Hose,With Quick ✓ Hose Wind Guide, Dual Roller Disconnect ✓ Hose Footage Counter ✓ Ex-Ten Steel Cylindrical Debris Tank ✓ Hose Reel Manual Hyd Extend/Retract ✓ Flexible Hose Guide ✓ Hose Reel Chain Cover(Full) ✓ (3)Nozzles With Carbide Inserts And Nozzle Rack ✓ 'Hydraulic Extending 15" Hose Reel(800'Capacity) ✓ 1"Nozzle Pipe ✓ Tachometer/Chassis Engine ✓ Flat Rear Door With Hydraulic Locks And Door Power ✓ Tachometer&Hour Meter/Blower Up,Power Down,Open/Close.(No Grabber) ✓ Circuit Breakers ✓ Dual 10"Ss Float Shut Off System/Rear Mounted ✓ Vactor Manual ✓ Debris Body Vacuum Relief System ✓ Electronic Back Up Alarm ✓ Module-Wet On Wet Dupont Paint ✓ Handgun Hose Reel-Spring Retractable Reel with ✓ 8"Vacuum Pipe Package 50'Hose Assembly ✓ Emergency Flare Kit ✓ Hydraulic Shut Off Valves at Suction,Retun and ✓ Fire Extinguisher-5f! Filler Line ✓ 60"Dump Height ✓ Rudder Pump Drain Valves ✓ Debris Deflector Plate ✓ Handlight with Bumper Plug ✓ Suction Tube Storage:Curbside 2 Pipe,Rear Door 2 Pipe ✓ LED Worklights on all Booms ✓ Vansco-Electronic Package ✓ LED Worklight at Operator Station ✓ Performance Package: Hyd Variable Flow, Dual Hyd ✓ LED Worklight at Hose Reel Manhole Pumps ✓ Camera System—Front/Side/Rear-Both Sides ✓ Side Mounted Water PumpDebris Body Flushout System ✓ Safety Cone Storage Rack ✓ Debris Body Vacuum Relief System with Debris Body ✓ Module—Imron Paint Load Limit Alarm ✓ Rear Door Stripes—Chevron ✓ 6"Butterfly Valve,Rear Door ✓ 16x12x18 Fromt Bumper Toolboxes(2) ✓ Submersible Trash Pump with Floating Arm,25' Drain ✓ Long Handle Tool Storage Hose and Hose Holder Plumbed to Front Bumper or ✓ 24x24x24 Toolbox Back of Cab ✓ WHELEN LED LIGHT PACKAGE: ✓ Fold Down Pipe Rack Curbside/Streetside (2)HA238C Hide-A-Way Strobes ✓ Splash Shield (2) 4E Grilp Grill Master Hsg W/402000au ✓ Lube Manifold Linear Strobes ✓ Low Water Light and Alarm and Water Pump Flow (1) CPS660 Power Supply Indictor-GPM (1) 9M 142000(55")Light Bar W/9aly Alley Lights ✓ Laval Separator W/Front Flashers,Cab Mounted ✓ 3"Y Strainer at Water Tank Fill (1) PCC6R Controller ✓ Electronic Blower Engagement (1) TA837 Traffic Advisor ✓ 8' Hydraulic Telescopic Boom ✓ (I) TATPR20-20' Extension Cable ✓ Joystick Control for Boom Function-Front ✓ (2)Additional Corner Strobes ✓ Post Type Front Bumper Boom Storage ✓ AM/FM/CD Radio with Bluetooth ✓ 80 GPM/2500 PSI Water System-IL-0 Standard Water ✓ Air Ride Passenger Seat System ✓ Front Alcoa Wheels ✓ Accumulator System for Jet Water System ✓ 8"x 7.5"Aluminum Pipe Assembly ✓ Front and Rear Hazndgun Couplers ✓ 8"Quick Clamp ✓ Hydro Excavation Kit with Retractable Reel ✓ Emergency Flare Kit ✓ 800' x I"Aeroquip Hose ✓ Enz Bulldog Spinner Nozzle ✓ Indexing Auto Hose Level Wind Guide ✓ Digital Hose Counter ExtendedBid Price:........... ............... .........................................................._$ 332,531.00 SalesTax: (8.75%) .............................................................................................$ 29,096.46 TOTAL UNIT PRICE, FOB: AZUSA,CA: ................................................. $ 361,627.46 THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE,OR OF FITNESS FOR ANY PARTICULAR PURPOSE.,THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT. NOTE: Price is good until 60 Days. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented. TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL. EXCISE TAXES, if applicable,will require payment unless a properly executed Exemption Certificate is submitted. DELIVERY: 270-330 Days TERMS: Net 30 We appreciate the opportunity to present this proposal and look forward to being of further and continued service. HAAKER EQUIPMENT COMPANY ACCEPTED BY: BY: M� n f)i") DATE: Matt Muinch SalesRepresentative PURCHASE ORDER PURCHASE Cucamonga Valley Cucamonga V011cy Water District ORDER NO. 9 y 909.987-2591/FAX 476.5965 015840 _ er District PO BOX 80RD ST RANCHO CUCAMONGA,CA 91729 DATE: 2/15/2012 VENDOR#: 81 VENDOR ADDRESS: HAAKER EQUIPMENT CO SHIP TO:. OPS-GARAGE 2070 N. WHITE AVENUE OPS. GARAGE LA VERNE,CA 91750 10440 ASHFORD BLDG..B CUCAMONGA,CA 91730 Our Purchase Order# TAppear on ALL Invoices,Bills o Latdlno,Packa es and Corres ondence DELIVER BY REQUISITION# REQUISITION DATE CONFRRMED13Y 04/30/2012 0000003818 01/23/2012 ROD NUNNALY FOB POINT FREIGHT PAYMENT TERMS AUTHORIZED BY DISCOUNT DAYS DUE NET WILL KOLBOW SHIP VIA 0.00 0 30 ITEM QUANTITY/ DESCRIPTION ITNIT EXTENDED # UNIT ARTICLE OR SERVICE COST COST I 1.00/EA 2012 FREIGHTLINER 4X2 10-CUBIC YARD JET-RODDER 332,531.0000 332,531.00 2 1.00-/EA VALUE OFTRADE-IN 19,750.0000 (19,750..00) Please contact George Rodriguez with questions Sales tax 25,771. 15 TOTAL PURCHASE AMOUNT $338,552.15 Send Original and One Copy of Invoice to: ADMN-ADMIN ATTN: ACCOUNTS PAYABLE 10440 ASHFORD STREET RANCHO AUTHORIZED SIGNATURE /f�L/1 DATE 2/15/2012 T Prepared for; Prepared by: 108SD STOCK Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP PSFS35OA-2013 0 776 N.YORK ROAD 1621 S ILLINOIS STREET ELMHURST,IL 60126 STREATOR.IL 61364 Phone:630-279-0600 X1631 Phone:615.672-3171 - SPECIFICATION PROPOSAL Weight Weight Data Code Description Front Rear Retail Price Price Level ';i PRL-02D SO PRL-02D(EFF 07119/11) - - STD ,:Data Version - ORL 013 SPECPR021 DATA RELEASE VER D13 NIC Vehicle Conflgurafion ODI-176 IO8SD CONVENTIONAL CHASSIS 6,570 3,610 $88,777 00 004.213 2013 MODEL YEAR SPECIFIED NIC 002-004 SET BACK AXLE-TRUCK STD 019.002 STRAIGHT TRUCK PROVISION STD 003-001 LH PRIMARY STEERING LOCATION STD General Service AAl-002 TRUCK CONFIGURATION - STD AA6-001 DOMICILED,USA 50 STATES(INCLUDING NIC CALIFORNIA AND CARIB OPT-IN STATES) A65-01D UTILITY/REPAIRIMAINTENANCE SERVICE NIC A84-1UT UTILITY BUSINESS SEGMENT NIC AA4-002 LIQUID BULK COMMODITY N/C AA5-006 TERRAINIDUTY: 10%(SOME)OF THE TIME,IN NIC TRANSIT.IS SPENT ON NON-PAVED ROADS AB1.008 MAXIMUM 8%EXPECTED GRADE STD A85-003 MAINTAINED GRAVEL OR CRUSHED ROCK- NIC MOST SEVERE IN-TRANSIT(BETWEEN SITES) ROAD SURFACE 995-091 MEDIUM TRUCK WARRANTY STO A66-99D EXPECTED FRONT AXLE(S)LOAD: 20000 0 Ibs A68-99D EXPECTED REAR DRIVE AXLE(S)LOAD: 26000.0los A63-99D EXPECTED GROSS VEHICLE WEIGHT CAPACITY 46000,0 lbs - 12101120115:15 PM Page 1 of 14 Prepared for. Prepared by: 1 OSSD STOCK Bob Jensen en MANUFACTURING TRANSCHICAGO TRUCK GROUP PSFS350A-2013.0 T76 N.YORK ROAD 1621 S ILLINOIS STREET ELMHURST,IL 60126 STREATOR,IL 61364 Phone:630-279-0600 x1631 Phone:815-672-3171 Weight Weight Data Code Description Front Rear Retail Price GVWR RATED MAXIMUM VEHICLE CAPACITY-GVWR: NIC 46000 0 Ibs Truck g- I Ir - - -, �, .�' :' -�- - - ':-��; 7 e :. -Tv ice ......... AA3-034 SEWER/INDUSTRIAL VACUUM BODY .NIC , rngine 101-2NV CUM ISC-350 350 HP @ 2000 RPM;2200 Gov, 1000 UBIFT @ 1400 RPM $3.551�00 Electronic Parameters 79A-062 62 MPH ROAD SPEED LIMIT N/C ., 798-000 CRUISE CONTROL SPEED LIMIT SAME AS ROAD NIC SPEED LIMIT 79K-007 PTO MODE ENGINE RPM LIMIT-1100 RPM NIC 79M-001 PTO MODE BRAKE OVERRIDE-SERVICE N/C BRAKE ONLY ENABLED 79P.002 PTO RPM WITH CRUISE SET SWITCH-700 RPM N/C 790-003 PTO RPM WITH CRUISE RESUME SWITCH-800 NIC RPM 795-001 PTO MODE CANCEL VEHICLE SPEED-5 MPH NIC 79U-007 PTO GOVERNOR RAMP RATE-250 RPM PER NIC SECOND 79W-002 TWO REMOTE PTO SPEEDS NIC 79X-001 REMOTE PTO SPEED 1 SETTING.70D RPM NIC 79Y-001 REMOTE PTO SPEED 2 SETTING-900 RPM NIC BOG-002 PTO MINIMUM RPM-700 NIC 80J-001 1 EGE-IN-INHI-BITIT SPEED THRESHOLD-0 MPH NIC 7. Engine gi a men It 99c-010 2010 EPAfCARB EMISSION CERTIFICATION STD 990-009 2008 CARS EMISSION CERTIFICATION-CLEAN S10600 IDLE(INCLUDES 6X4 INCH LABEL ON LEFT SIDE OF HOOD) 105-001 ENGINE MOUNTED OIL CHECK AND FILL STD 014-099 SIDE OF HOOD AIR INTAKE WITH FIREWALL STD MOUNTED DONALDSON AIR CLEANER 124-107 OR 12V 160 AMP 28-SI QUADRAMOUNT PAD STD ALTERNATOR WITH REMOTE BATTERY VOLT SENSE 292-098 (2)ALLIANCE MODEL 1231,GROUP 31, 12 VOLT STD MAINTENANCE FREE 2250 CCA THREADED STUD BATTERIES 290-017 BATTERY BOX FRAME MOUNTED STO 12101/20115:15 PM Page 2 of 14 Prepared for: _ Prepared by: 108SD STOCK Bob Jensen VACTOR MANUFACTURING - TRANSCHICAGO TRUCK GROUP PSFS35DA-2013 0 776 N.YORK ROAD 1621 S ILLINOIS STREET ELMHURST,IL 60126 STREATOR,IL 61364 - Phone:530.279-0600 x1631 Phone:815-672-3171 Weight Weight Data Code Description Front Rear Retail Price 282-003 SINGLE BATTERY BOX FRAME MOUNTED LH STD SIDE BACK OF CAB MOUNT 72"BOC PRICE QUOTE 1007301124 291-017 WIRE GROUND RETURN FOR BATTERY CABLES STD WITH ADDITIONAL FRAME GROUND RETURN KEEP CABLES TIGHT TO RAIL AND CLEAR OF THE LH PTO SHAFT 289-001 NON-POLISHED BATTERY BOX COVER STD 107-032 CUMMINS 18.7 CFM AIR COMPRESSOR WITH STD INTERNAL SAFETY VALVE 152-040 ELECTRONIC ENGINE INTEGRAL WARNING AND N/C DERATE PROTECTION SYSTEM . 016-IE6 RH OUTBOARD UNDER STEP MOUNTED 35 25 $1.00000 HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY TOP INLET WITH RH B-PILLAR MOUNTED VERTICAL TAILPIPE 28F-002 ENGINE AFTERTREATMENT DEVICE, STD AUTOMATIC OVER THE ROAD REGENERATION AND DASH MOUNTED REGENERATION REQUEST SWITCH - 239-998 NO EXHAUST SYSTEM HEIGHT NIC 237-IH5 RH CURVED VERTICAL TAILPIPE B-PILLAR - $5900 MOUNTED ROUTED FROM STEP WITH INTERGRADED STACK PIPE.MINIMUM POSSIBLE PROTRUSION ABOVE CAB.REF BJ3537 23U-001 6 GALLON DIESEL EXHAUST FLUID TANK NIC MOUNT IN EXT CAB POSITION AND PROVIDE LOW PROFILE DEF PUMP COVER A04-28967-000 AND A04-28966. ROUTE COOLANT LINES/HARNESS OVER RAIL.PRICE QUOTE 10ID21145 23Y-001 STANDARD DIESEL EXHAUST FLUID PUMP STD MOUNTING 43X-002 LH MEDIUM DUTY STANDARD DIESEL EXHAUST STO FLUID TANK LOCATION 43Y-001 STANDARD DIESEL EXHAUST FLUID TANK CAP STD 242-001 STAINLESS STEEL AFTERTREATMENT $1800 DEVICE/MUFFLERITAILPIPE SHIELD 273-048 HORTON 2-SPEED DRIVEMASTER $28400 POLAREXTREME FAN DRIVE PRICE QUOTE 1007301124 276-002 AUTOMATIC FAN CONTROL WITH DASH $2000 SWITCH AND INDICATOR LIGHT,NON ENGINE MOUNTED 110-OD3 CUMMINS SPIN ON FUEL FILTER STD 118-008 COMBINATION FULL FLOW/BYPASS OIL FILTER STD 266-028 1200 SQUARE INCH ALUMINUM RADIATOR STD 12/012011 5:15 PM Page 3 of 14 Prepared for: Prepared by: 1085D STOCK Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP PSFS350A-2013.0 776 N.YORK ROAD 1621 S ILLINOIS STREET ELMHURST.IL 60126 STREATOR,IL 61364 Phone:630-279.0600 x1631 Phone:815-672-3171 Weight Weight Data Code Description Front Rear Retail Price 103-036 ANTIFREEZE TO.34F,ETHYLENE GLYCOL PRE- ($9400) CHARGED SCA HEAVY DUTY COOLANT 171-007 GATES BLUE STRIPE COOLANT HOSES OR STD EQUIVALENT 172.001 CONSTANT TENSION HOSE CLAMPS FOR STD COOLANT HOSES 270.D16 RADIATOR DRAIN VALVE STD 138-011 PHILLIPS-TEMRO 1000 WATT1115 VOLT BLOCK 4 $13000 HEATER 140.053 BLACK PLASTIC ENGINE HEATER RECEPTACLE NIC MOUNTED UNDER LH DOOR 1324004 ELECTRIC GRID AIR INTAKE WARMER STD 155-058 DELCO 12V 38MT HD STARTER WITH STD INTEGRATED MAGNETIC SWITCH Transmission;: 342-582 ALLISON 3000 RDS AUTOMATIC TRANSMISSION 140 40 $11,87600 WITH PTO PROVISION Tragsmission Egwpment 343-1Y6 WTEC CALIBRATION-6 SPEED RDS(PACKAGE NIC 172) 34C-001 ELECTRONIC TRANSMISSION CUSTOMER $11800 ACCESS CONNECTOR FIREWALL MOUNTED 362-1Y2 (2)CUSTOMER INSTALLED MUNCIE CS70 NIC SERIES PTO'S 363-011 PTO MOUNTING,LH AND RH SIDES OF MAIN WC TRANSMISSION 341-018 MAGNETIC PLUGS,ENGINE DRAIN. NIC TRANSMISSION DRAIN.AXLE(S)FILL AND DRAIN 345-003 PUSH BUTTON ELECTRONIC SHIFT CONTROL, WC DASH MOUNTED 97G-002 TRANSMISSION PROGNOSTICS- N/C DISABLED(NIA) 370-015 WATER TO OIL TRANSMISSION COOLER,IN NIC RADIATOR END TANK 346-003 TRANSMISSION OIL CHECK AND FILL WITH NIC ELECTRONIC OIL LEVEL CHECK 35T-001 SYNTHETIC TRANSMISSION FLUID(TES-295 NIC COMPLIANT) FroritAxie and Equipment 40D-IAC MFS-20-133A 20,000#FLI SINGLE FRONT AXLE 250 $4.47700 402-030 MERITOR 16.5X6 Q+CAST SPIDER CAM FRONT - NIC BRAKES,DOUBLE ANCHOR,FABRICATED SHOES 12f0112011 5:15 PM Page 4 of 14 Prepared for: Prepared 6y: 108S STOCK Bob Jensen VACTOR MANUFACTURING -TRANSCHICAGO TRUCK GROUP PSFS35DA-2013 0 776 N.YORK ROAD 1621 S ILLINOIS STREET ELMHURST,IL 60126 STREATOR,IL 61364 Phone:630.279-0600 x1631 Phone:815-672-3171 Weight Weight Data Code Description Front Rear Retail Price 403-002 NON-ASBESTOS FRONT BRAKE LINING STD 419-023 CONMET CAST IRON FRONT BRAKE DRUMS STD 409-021 SKF SCOTSEAL PLUS XL FRONT OIL SEALS STD 408-001 VENTED FRONT HUB CAPS WITH WINDOW. STD CENTER AND SIDE PLUGS-OIL 416-022 STANDARD SPINDLE NUTS FOR ALL AXLES STD 405-008 GUNITE AUTOMATIC FRONT SLACK NIC ADJUSTERS 406-001 STANDARD KING PIN BUSHINGS STD 536-055 TRW THP.6D POWER STEERING WITH RCH45 130 NIC AUXILIARY GEAR 539-003 POWER STEERING PUMP STD 534-003 4 QUART POWER STEERING RESERVOIR 5 NIC 533-001 OIUAIR POWER STEERING COOLER 5 NIC 40T-001 ORGANIC SAE 80190 FRONT AXLE LUBE STD Front Suspension 62D-006 20.00D#FLAT LEAF FRONT SUSPENSION 300 (5288 00) 619-004 GRAPHITE BRONZE BUSHINGS WITH SEALS- NIC FRONT SUSPENSION 621-1-013 FRONT SUSPENSION WITH SHACKLES AND $1600 MOUNTING BOLT HEADS INBOARD - GREASE FITTINGS ON OUTSIDE OF LH AND RH FRAME RAILS 410-001 FRONT SHOCK ABSORBERS_ STD Rear AXIe and.Egllipment 420-022 RS-26-185 26.0009 T-SERIES SINGLE REAR 410 $6.00200 AXLE 421-563 5 63 REAR AXLE RATIO NIC 424-001 IRON REAR AXLE CARRIER WITH STANDARD STD AXLE HOUSING 386-073 17T MERITOR EXTENDED LUBE MAIN 70 70 $821.00 DRIVELINE WITH HALF ROUND YOKES 423-010 MERITOR 16.6X7 P CAM REAR BRAKES. 100 NIC DOUBLE ANCHOR,CAST SHOES 433-0D2 - NON-ASBESTOS REAR BRAKE LINING STD 434-011 BRAKE CAMS AND CHAMBERS ON FORWARD $65.00 SIDE OF DRIVE AXLE(S) 451-025 GUNITE HEAVY WEIGHT CAST IRON REAR 30 $40.00 BRAKEDRUMS 440-021 SKF SCOTSEAL PLUS XL REAR OIL SEALS STD 426-074 HALDEX GOLDSEAL LONGSTROKE 1-DRIVE STD AXLE SPRING PARKING CHAMBERS 12/012011 5:15 PM Page 5 of 14 Prepared for: Prepared by: 108SD STOCK Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP PSFS350A-2013 0 776 N.YORK ROAD 1621 S ILLINOIS STREET ELMHURST,IL 60126 STREATOR,IL 61364 - Phone:630-279-0600 x1631 Phone:815-672-3171 Weight Weight Data Code Description Front Rear Retail Price 428-0OS _GUNITE AUTOMATIC REAR SLACK ADJUSTERS $500 41T-ODI ORGANIC SAE 80/90 REAR AXLE LUBE STD Rear-SU spjari6 lon 622-TDF 3D,o0D8 FLAT LEAF SPRING REAR SUSPENSION $1.10000 WITH HELPER AND RADIUS ROD 621-001 SPRING SUSPENSION-NO AXLE SPACERS STD 431-DOI STANDARD U-BOLT PAD STD 623-005 FOREfAFT CONTROL RODS STD Brake System 490-100 WABCO 4S/4M ABS WITHOUT TRACTION STD CONTROL 871-001 REINFORCED NYLON.FABRIC BRAID AND WIRE STD BRAID CHASSIS AIR LINES . 904-001 FIBER BRAID PARKING BRAKE HOSE STD 412-007 STANDARD BRAKE SYSTEM VALVES STD 46D-002 STANDARD AIR SYSTEM PRESSURE STD PROTECTION SYSTEM 413.002 STD U.S.FRONT BRAKE VALVE STD 432-003 RELAY VALVE WITH 543 PSI CRACK PRESSURE, STD NO REAR PROPORTIONING VALVE 480-009 BW AD-9 BRAKE LINE AIR DRYER WITH HEATER 40 5510.00 479-003 AIR DRYER MOUNTED INBOARD ON LH RAIL NIC LOCATE INSIDE LH RAIL AT FRAME STATION 4750 460-OD8 STEEL AIR BRAKE RESERVOIRS MOUNTED NIC INSIDE RAIL 477.001 PULL CABLE ON WET TANK,PETCOCK DRAIN STD VALVES ON ALL OTHER AIR TANKS 485-045 METALLIC AIR MANIFOLD MOUNTED TO BACK - 5 $122.00 OF CAB CROSSMEMBER WITH SIX 1/4 INCH FITTINGS AND 70 PSI PROTECTION VALVE Trailer Connections 481-998 NO TRAILER AIR HOSE STD 335-006 UPGRADED CHASSIS MULTIPLEXING UNIT NIC MOUNTED UNDER CAB 32A-OD2 UPGRADED BULKHEAD MULTIPLEXING UNIT NIC 310-998 NO TRAILER ELECTRICAL CABLE STD Wheelbase 8`Frame 545-605 6050MM(23B INCH)WHEELBASE NIC 546-102 7116X3-9/16X11-1/8INCH STEEL FRAME 780 330 5B5300 (11.I1MMX282 6MM/0 437X11.13 INCH)120KSI 12/01/2011 5:15 PM Page 6 of 14 Prepared for: Prepared by: 1088D STOCK Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP PSFS35DA-2013 0 776 N.YORK ROAD 1621 S ILLINOIS STREET- ELMHURST,IL 60126 STREATOR,IL 61354 Phone:630-279-0600 x1631 Phone:815-672-3171 Weight Weight Data Code Description Front Rear Retail Price 547-001 114 INCH(6MM)C-CHANNEL INNER FRAME 240 420 51.448 00 REINFORCEMENT 552-158 975MM(38 INCH)REAR FRAME OVERHANG NIC 55W-003 FRAME OVERHANG RANGE:31 INCH TO 40 30 -160 NIC INCH 549-030 6 INCH INTEGRAL FRONT FRAME EXTENSION 65 .10 NIC FSS-0LH . ..FRAME SPACE LH SIDE: 20139 59 in NIC FSS-0RH FRAME SPACE RH SIDE:20186.11 in NIC ACB-99D CALC'D BACK OF CAB TO REAR SUSP CIL(CA); 172 45 in AEB-99D CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION C/L(CA): 169.45 in 553-001 SQUARE END OF FRAME - STD 550-001 FRONT CLOSING CROSSMEMBER STD 559.001 STANDARD WEIGHT ENGINE CROSSMEMBER STD 562-001 STANDARD MIDSHIP 41 CROSSMEMBER(S) STD 572-001 STANDARD REARMOST CROSSMEMBER STD 565.001 STANDARD SUSPENSION CROSSMEMBER STD Chassis Equipment 556.997 OMIT FRONT BUMPER,CUSTOMER INSTALLED -110 (5336 OD) SPECIAL BUMPER,DOES NOT COMPLY WITH FMCSR393203 -' 585-998 NO MUDFLAP BRACKETS STD 590-998 NO REAR MUDFLAPS STD 551-017 GRADE 8 THREADED HEX HEADED FRAME NIC FASTENERS INSTALLED WITH BOLT HEADS ON OUTSIDE OF FRAME 6D5.iAB D15-16004-000 TO MARK CENTERLINE OF REAR $89.00 - AXLE TO FRAME Fifth Wheel - 578998 NOFIFTHWHEEL -- STD Fuel Tanks 204-154 80 GALLOM302 LITER ALUMINUM FUEL TANK- 10 5 $14800 LH 216-001 23 INCH DIAMETER FUEL TANK(S) NIC 215405 PLAIN ALUMINUMIPAINTED STEEL STD FUEL(HYDRAULIC TANK(S)WITH PAINTED BANDS 212-007 FUEL TANK(S)FORWARD - STD 664.001 PLAIN STEP FINISH STD 205-001 FUEL TANK CAP(S) STD 12/01120115:15 PM Page 7 of 14 Prepared for: _ Prepared by: 108SD STOCK Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP PSFS35OA-2013.0 776 N.YORK ROAD 16215 ILLINOIS STREET ELMHURST,IL SD126 STREATOR,IL 61364 _ Phone:530-279-0600 x1631 Phone:815-672-3171 Weight Welght Data Code Description Front Rear Retail Price 122-075 ALLIANCE FUEL FILTERIWATER SEPARATOR STD 216-020 EQUIFLO INBOARD FUEL SYSTEM STD 2DE-004 AUXILIARY FUEL SUPPLY AND RETURN PORTS $3400 LOCATED ON LH FUEL TANK 202-016 HIGH TEMPERATURE REINFORCED NYLON STD FUEL LINE 221-009 FUEL COOLER MOUNTED RIGHT HAND IN RAIL $21500 DIRECTLY BOC Tires 093-OTB MICHELIN XZY-3 425165R22 5 20 PLY RADIAL 196 51 412 00 FRONT TIRES 094-OGR MICHELIN XDN2 12R22 5 16 PLY RADIAL REAR 140 $1,39600 TIRES HuhS z . 418-045 CONMET PRE-SET BEARING IRON FRONT HUBS STO 450-045 CONMET PRE-SET BEARING IRON REAR HUBS Wheels — _ _ _ STD 502-574 ACCURIDE 29807 22.5X12.25 10-HUB PILOT 4.75 82 5434 00 INSET 5-HAND STEEL DISC FRONT WHEELS 505-717 ACCUR IDE 50406 ACCO-LITE 22.5X8.25 10-HUB 40 ($15200) PILOT 2-HAND STEEL DISC REAR WHEELS Cab Exterior 829-tA5 108 INCH BBC FLAT ROOF ALUMINUM STD CONVENTIONAL CAB 650-0OB AIR CAB MOUNTS STD 648-002 NONREMOVABLE SUGSCREEN MOUNTED STD BEHIND GRILLE 754.017 BOLT-ON MOLDED FLEXIBLE FENDER 10 $8400 EXTENSIONS 67MO1 LH AND RH GRAB HANDLES STD 645.002 BRIGHT FINISH RADIATOR SHELL/HOOD BEZEL $22600 646.042 STATIONARY BLACK GRILLE WITH BRIGHT S6800 ACCENTS 65X-003 CHROMED HOOD MOUNTED AIR INTAKE $54.00 GRILLE 644004 FIBERGLASS HOOD STD 690-002 TUNNEL/FIREWALL LINER $3500 727-1 AF SINGLE 14 INCH ROUND HADLEY AIR HORN S18500 MOUNTED UNDER CAB 726-001 SINGLE ELECTRIC HORN - - STD 728-001 SINGLE HORN SHIELD STD 12101120115:15 PM Page 8 of 14 Prepared for. Prepared by: 1088D STOCK Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP PSFS350A-2013.0 776 N.YORK ROAD 16218 ILLINOIS STREET ELMHURST,IL 60126 STREATOR,IL 61364 Phone:630-279-0600 x1631 Phone:815-672-3171 - Weight Weight Data Code Description Front Rear Retail Price 657-D01 DOOR LOCKS AND IGNITION SWITCH KEYED STD THESAME 312.067 HALOGEN COMPOSITE HEADLAMPS WITH NIC BRIGHT BEZELS 302-001 (5)AMBER MARKER LIGHTS STD 311-001 DAYTIME RUNNING LIGHTS S1500 294-001 INTEGRAL STOP7TAIUBACKUP LIGHTS STD 300-015 STANDARD FRONT TURN SIGNAL LAMPS STD 744-IBH DUAL WEST COAST MOLDED-IN COLOR STD MIRRORS 797-001 DOOR MOUNTED MIRRORS STD 796-001 102 INCH EQUIPMENT WIDTH - STD 743-IAP LH AND RH 8"MOLDEDdN COLOR CONVEX $200 MIRRORS MOUNTED UNDER PRIMARY MIRRORS 74A-001 RH DOWN VIEW MIRROR S4000 729-001 STANDARD SIDEIREAR REFLECTORS STD 677-998 NO CAB MOUNTED STEPS - STD 768-043 63X14 INCH TINTED REAR WINDOW STD 661-004 TINTED DOOR GLASS LH AND RH WITH TINTED STD OPERATING WING WINDOWS 654-003 MANUAL DOOR WINDOW REGULATORS STD 663-013 TINTED WINDSHIELD STD 659-006 8 LITER WINDSHIELD WASHER RESERVOIR, $15.00 CAB MOUNTED,WITH FLUID LEVEL INDICATOR cab Interior 707-1 AK OPAL GRAY VINYL INTERIOR STD 706-026 MOLDED PLASTIC DOOR PANEL WITHOUT 530.00 VINYL INSERT WITH ALUMINUM KICKPLATE LOWER DOOR 708-025 MOLDED PLASTIC DOOR PANEL WITHOUT $3000 VINYL INSERT WITH ALUMINUM KICKPLATE LOWER DOOR 772-006 BLACK MATS WITH SINGLE INSULATION STD 785-D01 DASH MOUNTED ASH TRAYS AND LIGHTER $1800 691-008 FORWARD ROOF MOUNTED CONSOLE WITH STD UPPER STORAGE COMPARTMENTS WITHOUT NETTING 694-010 IN DASH STORAGE BIN STD 742-007 (2)CUP HOLDERS LH AND RH DASH STD 680-006 GRAY/CHARCOAL FLAT DASH STD 700-002 HEATER.DEFROSTER AND AIR CONDITIONER 70 $1.05000 12!01/2011 5:15 PM Page 9 of 14 Prepared for. Prepared by: I08SD STOCK Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP PSFS350A-2013 0 776 N.YORK ROAD 16218 ILLINOIS STREET ELMHURST,IL 60126 STREATOR,IL 61364 Phone:630-279-0600 x1631 Phone:815-672-3171 Weight Weight Data Code Description Front Rear Retail Price 701-008 STANDARD HVAC DUCTING WITH SNOW $1200 SHIELD FOR FRESH AIR INTAKE 703-005 MAIN HVAC CONTROLS WITH RECIRCULATION NIC SWITCH 170-019 STANDARD HEATER PLUMBING WITH BALL $25 OD SHUTOFF VALVES 130-033 DENSO HEAVY DUTY AIR CONDITIONER N/C COMPRESSOR 702-OD2 BINARY CONTROL.R-134A NIC 739-OD1 CAB INSULATION STD 285-013 SOLID-STATE CIRCUIT PROTECTION AND STD FUSES 280.007 12V NEGATIVE GROUND ELECTRICAL SYSTEM STD 324-014 DOME LIGHT WITH 3-WAY SWITCH ACTIVATED STD BY LH AND RH DOORS - 655-001 CAB DOOR LATCHES WITH MANUAL DOOR STD LOCKS 284-023 (1) 12 VOLT POWER SUPPLY IN DASH STD 756-081 BOSTROM T910 HIGH BACK AIR SUSPENSION 40 $264.00 DRIVER SEAT 760-1 CV HIGH BACK NON SUSPENSION PASSENGER STD SEAT 759-007 DUAL DRIVER SEAT ARMRESTS-NO 4 $98 00 PASSENGER SEAT ARMRESTS 711-004 LH AND RH INTEGRAL DOOR PANEL ARMRESTS STD 758-022 BLACK MOROURA CLOTH DRIVER SEAT COVER 539.00 761-023 BLACK MORDURA CLOTH PASSENGER SEAT $3900 COVER 763-032 3 POINT FIXED D-RING RETRACTOR DRIVER STD AND PASSENGER SEAT BELTS 532-002 ADJUSTABLE TILT AND TELESCOPING 10 $47800 STEERING COLUMN 540-015 4-SPOKE 18 INCH(450MM)STEERING WHEEL STD .765-002 DRIVER AND PASSENGER INTERIOR SUN STD VISORS Instruments&'Controls 732-004 GRAY DRIVER INSTRUMENT PANEL STD 734-004 GRAY CENTER INSTRUMENT PANEL STD B7L-005 ENGINE REMOTE INTERFACE WITHOUT $23.00 INTERLOCKS VACTOR INTERLOCK PREP DATA CODE 33U-002 870.001 BLACK GAUGE BEZELS STD 486.DDI LOW AIR PRESSURE LIGHT AND BUZZER STD 12/0112011 5:15 PM Page 10 of 14 Prepared for: Prepared by: 108SD STOCK Bob Jensen - VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP PSFS35OA-2013 0 776 N.YORK ROAD 1621 S ILLINOIS STREET - ELMHURST,IL 60126 STREATOR,IL 61364 Phone:63D-279-0600 x1631 Phone:815-672-3171 Weight Weight Data Code Description Front Rear Retail Price 840-002 2 INCH PRIMARY AND SECONDARY AIR STD PRESSURE GAUGES 198-002 INTAKE MOUNTED AIR RESTRICTION NIC INDICATOR WITH GRADUATIONS 721-001 97 DB BACKUP ALARM 2 $7800 149.013 ELECTRONIC CRUISE CONTROL WITH STD SWITCHES IN LH SWITCH PANEL 156-007 KEY OPERATED IGNITION SWITCH AND STD INTEGRAL START POSITION;4 POSITION OFFIRUNISTART/ACCESSORY 811-011 ODOMETER/SRIP/HOURIDIAGNOSTICfVOLTAGE STD DISPLAY: 1X7 CHARACTER,26 WARNING LAMPS,DATA LINKED,ICU3 160.025 DIAGNOSTIC INTERFACE CONNECTOR,9 PIN, STD SAE J1939.LOCATED BELOW DASH 844-001 21NCH ELECTRIC FUEL GAUGE STD 148-071 ENGINE REMOTE INTERFACE WITH 519900 INCREMENTIDECREMENT 163-004 ENGINE REMOTE INTERFACE CONNECTOR IN $295.00 ENGINE COMPARTMENT 856-001 ELECTRICAL ENGINE COOLANT TEMPERATURE STD GAUGE 864-OD5 TRANSMISSION OIL TEMPERATURE INDICATOR NIC LIGHT 830.017 ENGINE AND TRIP HOUR METERS INTEGRAL STO WITHIN DRIVER DISPLAY 852-002 ELECTRIC ENGINE OIL PRESSURE GAUGE STD 746-IAO AMIFMANB RADIO WITH CD PLAYER AND 10 S46400 FRONT AUXILIARY INPUT 747-ODI DASH MOUNTED RADIO NIC 750-002 (2)RADIO SPEAKERS IN CAB WC 753-001 AMIFM ANTENNA MOUNTED ON FORWARD LH 2 NIC ROOF 810-027 ELECTRONIC MPH SPEEDOMETER WITH STD SECONDARY KPH SCALE,WITHOUT ODOMETER 612-DDI ELECTRONIC 3D00 RPM TACHOMETER STD 162-002 IGNITION SWITCH CONTROLLED ENGINE STOP STD 863-998 NO TRAILER HAND CONTROL BRAKE VALVE STD 836.015 DIGITAL VOLTAGE DISPLAY INTEGRAL WITH STD DRIVER DISPLAY 660-008 SINGLE ELECTRIC WINDSHIELD WIPER MOTOR STD WITH DELAY 121`01120115:15 PM Page 11 of 14 Prepared for: Prepared by: 108SD STOCK Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP PSFS35DA-2013 0 776 N.YORK ROAD 1621 S ILLINOIS STREET ELMHURST,IL 60126 STREATOR.IL 61364 Phone:630-279-0600x1631 Phone:815-672-3171 - i Weight Weight Data Code Description Front Rear Retail Price 304-001 MARKER LIGHT SWITCH INTEGRAL WITH STO HEADLIGHT SWITCH 882-009 ONE VALVE PARKING BRAKE SYSTEM WITH STD WARNING INDICATOR 299-013 SELF CANCELING TURN SIGNAL SWITCH WITH STD DIMMER.WASHER/WIPER AND HAZARD IN HANDLE 298-039 INTEGRAL ELECTRONIC TURN SIGNAL STD FLASHER WITH HAZARD LAMPS OVERRIDING STOP LAMPS Design 065-00D PAINT:ONE SOLID COLOR STD Color 980.3F6 CAB COLOR A:NOOO6EA WHITE ELITE SS NIC 986.020 BLACK.HIGH SOLIDS POLYURETHANE CHASSIS STD PAINT 962-970 VENDOR WHITE FRONT WHEELSIRIMS(PW, STD TKWHT21,W,TW) 966-970 VENDOR WHITE REAR WHEELSIRIMS - STD Certification/Compliance 996-001 U S.FMVSS CERTIFICATION STD Secondary Factory Options 998-032 CORPORATE PDI CENTER OPTION STD INSTALLATION/MODIFICATION ONLY T 0 T A L V E H I.`C L E ' :S U M M A R Y Adjusted List- rice Adjusted List Prim $128.16200 Weight Summary Weight Weight Total Front Roar Weight Factory Welghli 8993 LBS 4972 LBS 13965 LBS Total Weighla 8993 LBS 4972 LBS 13965 LBS 12JO112011 5:15 PM Page 12 of 14 - Prepared for: Prepared by: 1 OOSD STOCK Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP PSFS350A-2013 0 776 N.YORK ROAD 1621 S ILLINOIS STREET ELMHURST,IL 60126 STREATOR,IL 61364 Phone:630-279-0600 0631 Phone:815-672-3171 .. �wo T, IIN C L U D E CIN IS T PRA: C E . . ...... Other Factory,Charcies PMR-210 2010 ENGINE EMISSIONS ESCALATOR $7,300.00 DELIVERY&ORDER PROCESSING CHARGE $1.87500 Weights shown are estimates only If weight Is critical.contact Customer Application Engineering Prices shown do not include taxes.fees.elc 'Net Equipment Setting Price"is located on the Quotation Details Proposal Report 12101120115:15 PM Page 13 of 14 CUCAMONGA VALLEY WATER DISTRICT DETAILED SPECIFICATIONS ONE (1) 2012 COMBINATION SINGLE ENGINE SEWER CLEANER WITH POSITIVE DISPLACEMENT VACUUM SYSTEM MOUNTED ON A HEAVY DUTY TRUCK CHASSIS COMPLY YES NO The intent of this specification is to provide for the purchase Of one ('1) new and unused single-engine combination sewer Jet-Rodder cleaner used for removing debris, commonly found in sanitary sewer lines/manhole structures using a front mounted operating station. The unit shall consist of a Positive Displacement (PD) slower 1.1 vacuum system, a hydraulically driven high pressure water pump, an enclosed sealed body for storage of collected debris and equipped with a self-contained water supply as the source for the water pump system. The unit shall have the capability of operating both vacuum and water system simultaneously at full operating speeds continuously. (Submit horsepower requirements of all systems on unit) This specification is not to be interpreted as restrictive, but rather as a measure of the safety, quality, performance and overall cost of ownership against which all equipment bid will be compared. In comparing proposals, consideration will be given to life cycle cost guarantees whereby bidder shall provide all pertinent information to evaluate long- term cost Contract will be awarded for the product which best serves the interests of 1.2 the considering long-term maintenance cost, parts availability, service u rt an cost as well as guaranteed buyback value of bidders dequipct ment. The Cucamonga Valley Water District reserves the right to reject any or all bids or any part thereof, and to waive any minor technicalities. Award shall be to the bidder showing most favorable life cycle costing while meeting the requirements of these specif cations. 2 0 EQUINA_ LENT PRODUCT Quotes will be accepted for consideration on any make or model that is equal or 2 1 superior to the equipment specified. Decisions of equivalency will be at the sole interpretation of the Cucamonga Valley Water District Purchasing Division and the Director of Operations and Engloeering. Bidder shall demonstrate a reasonable likeness of the equipment being offered within a 2.2 reasonable time of request. Equipment demonstrated shall be equipped with all accessories and components required in this specification to ascertain equivalence. 3 0 .' BIDDER'.REFERENCES *" _ 1 To ensure adequate local availability of parts and competent service from experienced suppliers, quotes are preferred from local vendors who have sold and serviced units of 3.1 same manufacturer within service area of servicing dealer. All references must note model and year of equipment. Reference list of users within 100 miles of the Cucamonga Valley Water District is preferred and should include contacts with phone numbers. 41;17 SERV_.ICEAND SUPPORT:, 4.1 Location of warranty service center and amount of inventory shall be noted which may f be verified and inspected. 4.2 Amount of OEM parts at this facility: $ 5-00 4.3 Years as servicing equipment being bid: :5c i Years 4.4 Number of factory qualified service technician: v 51) GENERAL - Unauthorized conditions, limitations, or provisions shall be cause for rejection. Any bid lacking sufficient technical literature to enable the Cucamonga Valley Water District to 5.1 make a reasonable determination of compliance to the specification will be considered grounds for rejection The equipment shall be of modular design consisting of vacuum system, water tanks / 6.1 system, debris hopper and drive system. A sub frame shall be fabricated to the exact dimensions of the truck chassis for 6.2 mounting of modular components ✓ 6.3 All components of the module shall attach to the sub frame and not directly to the chassis. Sub frame shall be designed to ASME standards for maximum applied load, chassis ✓ 6.4 frame movement and even distribution of weight to the chassis and suspension. 6.5 Sub frame shall be continuous and uninterrupted from back of cab to end of frame. / Efficiency of air movement through debris body will be measured for minimal restriction as measured by vacuum pressure gauge while operating blower at full speed. Pressure 7.1 drop throughout entire system (from 8" hose inlet to blower inlet) including specified filtration and blower protection devices shall be no greater than 3" hg as measured al blower: 7.2 The body shall be cylindrical having a minimum usable liquid capacity of 10 cubic yards. ✓ Jabrasion he debris storage body shall be constructed with a minimum 114" corrosion and 7.3 resistant Ex-Ten steel. ✓ e debris storage body shall have a minimum yield point of 50,000 PSI and a minimum ✓ 7.4nsile strength of 70,000 PSI. Body shall have a hydraulic opening and shutting rear door that is hinged at the top and ✓ 7.5 is equipped with a replaceable neoprene type seal. Adjustable for periodic compensation of door seal wear. 7.6 Dual outward mounted rear door props shall be included as standard to prevent operator from entering door swing path when engaging rear door prop. For optimal particulate separation, vacuum shall be-drawn from 2 separate ports In the 7.7 top of the debris body. ✓ Body shall be dumped by raising the body to a 50 degree angle utilizing a forward 7.8 mounted, double acting hydraulic dump cylinder. L Dump controls, accessory controls, e-stop control shall be provided at a central curb 7.9 side location directly behind the cab of the truck. ✓ For stability and safety, dumping must be accomplished while the pivot point of the 7.11 hopper remains fixed to the sub-frame. ✓ Industrial style rear debris body door shall be flat, and shall open and close hydraulically by cylinders mounted at the top of the body. Door shall open 50 degrees from the fully closed position. Door shall be unlocked, opened, closed, and locked by a failsafe 7.12 hydraulically activated sequential positive locking system, cam operated by a single c/ hydraulic cylinder, with all controls located behind truck cab, forward of the debris body, so operator is not subject to sewage when dumping. Debris body shall have a body flush out system with (8) jet tungsten-carbide tipped nozzles mounted on a manifold located in the front wall of the debris body to aid in the 7.13 flushing of heavy debris. System must produce a flow of 80gpm. Control valve shall be ✓ located curb side of the unit Debris body load limit alarm coupled to float indicator arm automatically activating 714 vacuum relief to be provided. i/ Body shall have a float type automatic shut-off system protecting the Positive Displacement Blower with (2) 10" stainless steel shut-off balls located in the debris 7'15 body. Each float ball housing shall be within a non-corrosive slide-out screen assembly and be accessed without the use of tools. The debris body shall be equipped with a rear door drain to drain off excess liquids 7.16 while retaining solids and shall include a manually operated 6" butterfly valve with 10' of / lay flat hose having cam lock quick-connects. 7 17 A curb-side folding 3-pipe rack shall be provided, constructed of steel tubing, spring assisted.. Shall include quick release retainer handles (no bungees or clamps). A street-side folding 3-pipe rack shall be provided, constructed of steel tubing, spring 7.18 assisted. Shall include quick release retainer handles (no bungees or clamps). ✓ 7.19 A stainless steel micro-strainer(to 30 microns)shall be provided prior to the blower ✓ inlet, with (3) removable cartridge style screens and bottom drain port. A splash shield shall be mounted around the lower 60% of door opening to direct liquid 7,20 and debris away from the chassis. Shield shall be minimum 10" deep bolted assembly ✓ with no openings. 7 21 A front mounted 450 GPM hydraulic pump off system shall be included. It shall be plumbed to the front bumper for discharge of debris body liquids. 3 A 10" valve with 3" vent to atmosphere, electrically activated, air operated valve debris body vacuum relief system shall be located in the inlet of the vacuum system to allow 7.22 the venting of the tank and relieve vacuum at the debris intake hose.(3) Kunkel relief ✓ valves shall be included. 7.23 A debris inlet deflector distributing load evenly in debris body shall be included, 8 1 The water tanks shall be manufactured from non-corrosive material to prevent rust yet ^� still provide for maximum strength. The water tank material shall require no internal coating and shall be repairable if 8.2 patching is required. ✓ 8 3 The water tanks shall be easily removed from the sub frame to provide complete access to the truck chassis for maintenance purposes. 8.4 The water tanks shall be adequately vented and connected to provide complete filling. ✓ 8.5 The water tanks shall be totally separate from the debris tanks and provide no structural support . / 8.6 The water tanks shall share no common walls with the debris tanks to prevent corrosion. i/ 8 7 The water tanks shall come equipped with (1) RHS anti-siphon device's and 25' of hydrant fill hose and fittings. / 8.8 The water tanks shall carry a 10 year warranty against corrosion and/or cracking. / All water tanks shall be fully baffled to form a maximum compartment storage of 150 gallons for each compartment. The Cucamonga Valley Water District has determined 8.9 that for the stability of the vehicle when turning and stopping and for safety of personnel ✓ that systems baffled at 150 maximum gallon compartments are preferred. Exceptions of requirement shall be explained in detail accompanied with detailed engineering drawings The water tank shall be located for the lowest possible center of gravity while providing 8.10 100% gravity flooded intakes to water pump. / 8.11 Water level sight tubes of non-yellowing plastic shall be installed on both tanks. / 8 12 The sides of these water tanks shall not extend more than 48"out from the centerline of the truck chassis. 8.13 A fresh water drain system shall be provided to completely drain the fresh water system from one location utilizing a 3"drain port and plug. 8.14 A minimum 6"and 4" connection between tanks shall be provided. 8 15 For stability safety, the water tanks shall not elevate with debris body during dump cycle. 8.16 A low water alarm with light at the operator station shall alert operator when water storage has 150 gallons remaining. 8.17 A 3" in-line "Y" trap strainer shall be located on the RHS at inlet of water tank fill air-gap. ,/ The filtration system shall also include a Lavelle water separator. 8.18 IA 3" Gate Valve shall be provided at water pump. 4 Water tanks must be capable of utilizing complete capacity of 1000 gallons via suction 8 19 sump below at lowest point of tanks. All units to be verified prior to acceptance for ✓ weight distribution on front and rear axle with full and depleted water 8 20 Water tanks shall be constructed of 1/8"aluminum with baffled compartments maximum 150 gallons each. 9 0 > VACU[]1NNACUUM DRIVE,SYSTEM= T f;; _ � 9 1 Vacuum shall be provided by a positive displacement rotary lobe type blower driven via ✓ chassis engine and heavy duty split transfer case direct.to the blower. No exceptions 9.2 Interlock safety system shall prevent drive axle from engaging. 9.3 A horizontal silencer with rain cap shall exhaust above the cab. 9.4 A blower tachometer/hour-meter shall be provided. ✓ 9.5 For most efficient use of horsepower and fuel consumption, full vacuum and/or V/combination operation'shall be approximately 1750 RPM of chassis drive engine. Blower shall be driven by the chassis engine and shall produce inlet volume of 3600 9,6 CFM @ 0" hg @ 2250 rpm, and 3490 CFM @ 15"hg @ 220 rpm vacuum (Roots ✓ 821 RCS 15"or equal) Drive engine not to exceed 1760 RPM. For added protection vacuum system shall have two (3) relief valves set at 15" hg, 9.7 heavy duty horizontal mounted noise muffler, removable and cleanable stainless steel filter screen, and shall be enclosed with a steel cage guard for safety. Blower shall be driven from chassis engine via the transmission drive shafts and heavy 9.8 duty split shaft transfer case direct to blower, engagement via air-shift clutch control at operator panel. Blower shall be turned on/off electronically at front station with provision to prevent 9.9 accidental engagement/disengagement. / 9.10 Blower shall be provided with a horizontal silencer with exhaust above the cab and rain cap protecting the silencer from rain water. ✓ Exceptions: VAC W M'BOOM.SYSTEM. ., 777 Vacuum hose shall be designed for front operation with hose mounted and stored at 10.1 front mounted work station. Front mounted location is required for ease of positioning vacuum hose as well as minimizing need for operator to swing hose into traffic. 10 2 All connections between debris body and vacuum system will be of the self-adjusting pressure fitting type. 10.3 Vacuum hose will remain stationary and not rise with debris body. 10.4 Upper debris tube shall consist of an anchored steel tube and elbow. 10.5 JA sub-frame mounted cab guard shall be mounted behind cab with boom rest cradle. V 10.6 All vacuum pipes shall be connected to vacuum pick up tube and extension pipes by adjustable over-center quick clamps to join the aluminum flanges on pipes. 10.7 One (1)quick clamp for each pipe supplied shall be provided. 10.8 Boom pedestal shall be directly mounted to module sub frame. ✓ 5 10.9 Boom support used for travel mode shall not interfere with access or require removal to tilt hood forward. 10.10 A control station shall be equipped with control switches for all directions as well as a safety emergency shutdown button,which shall automatically eliminate power to boom. ✓ The vacuum boom shall have a heavy-duty flexible hose assembly joining the transition 10.11 pipe to the debris body, and a 70-degree elbow and 5-1/2' heavy duty hose at the / suction end of the boom. 10 12 Boom shall rotate 180 degrees and shall be operated by an electric over hydraulic system. Lift and swing movements shall be actuated by hydraulic cylinders. ✓ 10.13 The 8' hydraulic telescopic boom with 180 degree rotation shall be located at the front ✓ work station in its retracted position. Boom shall be fully controlled by a remote push button pendant control station with 25 10.14 ft. cable. Controls to include up/down, left/right, in/out boom functions, vacuum relief, e-stop and main power switch. 10.15 A joystick for hydraulic control of the boom shall be installed on hose reel front panel. A detailed engineering drawing must be supplied showing the relationship of the hose reel in relation with the vacuum boom range of motion. Drawing shall show module 10.16 mounted on chassis,full arc of vacuum hose both retracted and extended, full rotation ✓ of arc for hose reef in the extended position and dimension all arc lengths of vacuum boom retracted and extended. Drawing shall highlight intersection areas whereby combination cleaning is possible(within full arc on telescoping boom system). if s 7777777777777777777fficient use of horsepower and reduced fuel consumption, high pressure mp shall be hydraulically driven via (1) load sensing utility pump, (1)variablent pump and (1)fixed displacement pump High pressure water pump shall be rated capable of continuous delivery of 100 GPM at 2500 PSI (submit manufacturer support documentation). The pump shall be a single I I/ piston double acting design. Delivering 80gpm @ 2500 psi to the end of the nozzle. High-pressure water(Rodder) pump system shall allow front-mounted controls for 11.3 operation of three modes: (1) Low flow range 0-22 GPM (2) medium-flow range, 22-60 GPM /2500 psi; and (3) High-flow range: 80 up to 100 GPM/2500 psi, I ✓ Digital flow meter shall be displayed in LCD in front operator station controls. Flow 11.4 meter shall be capable of displaying system flow in all pump operating modes. In addition, a low water alarm shall be provided. 11.5 This hydraulic drive system shall allow variation of water pump speed independent of required vacuum drive speed within maximum drive engine speed of 1760 RPM. ✓ Variable flow systems routing water back-to-tank are not considered equal due to 1 i.6 additional wear, horsepower and fuel consumption. Any deviation from this drive requirement should have full explanation of horsepower consumption. 11.7 Water(Rodder) pump shall include smooth and pulsation operation made feature. � 6 . When required to assist nozzle breaking through obstructions, water pump "pulsation mode" shall provide a forward-acting nozzle surge. Pulsation surge wave shall allow 11.8 nozzle to punch forward 2"to 18"depending on flow dynamics and length of hose in ✓ sewer pipe. 11.9 Explanation of forward-acting pulsation method shall be submitted with bid or explained below: 11.10 Water pump location shall provide a flooded gravitysuction inlet to eliminate potential cavitation damage. ✓ 11 11 An oil to water heat exchanger will be provided In the water system to cool all hydraulic ✓ fluids an the unit. State horsepower requirement to operate hydraulics at full speed: The water pump shall provide precise 0-80 GPM controlled flow at variable pressure up 11.12 to 2500 PSI. / A hydro-pneumatic nitrogen charged accumulator system shall be provided with all 11.13 control valves, piping and hoses for either continuous flow or Jackhammer Rodding. ✓ Accumulator shall be a 2 5 gallon capacity and 1400 to 2500 PSI pressure rating. 11 14 Two (2) 1/2" high pressure ball valves shall be provided for draining the water pump and flushing sediment from the bottom of the pump. ✓ 11.15 A nozzle rack accommodating (3) nozzles shall be provided in curbside toolbox. The nozzles shall be labeled on storage rack for pipe size/flow and application. ✓ 11.16 System shall be relieved to protect operator. 11.17 Handgun shall be supplied that allows for changing of flow pattern from a fine mist to a V/steady stream. 11.18 Handgun shall come equipped with quick connect couplers. ,/ 11.19 A mid-ship quick disconnect handgun couplers shall be provided. ,/ 11.20 Front and rear quick disconnect handgun couplers shall be provided. V 12.0 TELESCQPtNGll20TATING'HOSE REEL 12.1 Hose reel assembly shall be direct frame mounted. 12.2 Hose reel assembly shall be mounted on an independent frame that can be removed ✓ from brackets attached permanently to front of main truck frame members. 12.3 Reel will be manufactured out of 1/4" spun steel for added structural strength and shall ✓ require no internal or external reinforcements that could damage Rodder hose. 12.4 Hose reel shall be driven by adjustable gear reduction chain and sprocket assembly. / 12.5 Hose.reel shall operate at full rotational speed while chassis engine is at idle. ,/ 12.6 Hydraulic Telescoping Rotating Hose Reel—800 foot capacity shall be provided. ✓ 12.7 The front mounted hose reel shall telescope 15"forward down centerline of truck. ,/ 12.8 Entire reel assembly shall rotate 2700 degrees on a large diameter ball bearing. ✓ Hose reel shall include a dual locking device to positively lock reel in any position ✓ 12.9 across operating range The hose reel shall rotate about the reel assembly centerline so the reel shall never 12.10 extend beyond the truck width. Reel coverage diagram shall be Submitted with bid. Controls shall accessible on both sides of the hose reel, allowing operator to work at 12.11 ✓ either side of unit for safety purposes. 7 12.12 800' x 1"Aeroquip Sewer Hose/2500 PSI shall be provided. ✓ 12.14 Ana ir-cylinder actuated pinch roller shall exert downward pressure across full width of reel to retain hose on reel when encountering nozzle blockages The hose reel shall have an automatic rewind guide this guide shall also have a pinch 12.15 roller located at the top of the hose reel 12.16 A hose footage counter shall be supplied to indicate the amount of Bose travel within pipe. An additional digital hose footage counter shall be located at the operator station. 12.17 Hydraulic shut off valves shall be provided at the suction, return and filter lines to permit / servicing of the hydraulic system. 12.18 Nozzle rack storage for(3) nozzles shall be provided in curbside toolbox. 13 0,. WASHDOWN EQUIPMENT; A spring retractable storage reel for handgun hose shall be provided to allow the 13.1 operator to deliver water to area served by pick up hose and to the inside of the debris body for clean out. Reel shall be mounted mid-ship on curbside, equipped with 1/2" x 50' hose. A handgun with 1/2" x 35' hose shall be provided at mid-ship to which allow the operator 13.2 to deliver water to area served by pick up hose and to the inside of the debris body for clean out. Hand sprayer with adjustable spray-pattern to be provided with trigger-style gun. 13.3 In addition to the low pressure wash down circuit. The unit shall have a high pressure ✓ circuit used for hydro excavation it shall be a minimum of 10gpm and 25d0 psi system. Complete with high pressure gun and spring loaded retractable reel with 50'of high pressure hose. 14.0: FRO_NT=OPERATING STATION AND;GONTRQLS 14.1 Primary operator station will be located at front of truck on right curb side of hose reel All front operator controls shall be accessible while operating either front/rear side of 14.2 reel assembly All operations to either side of unit shall position operator in front of vehicle affording protection from oncoming traffic. Station shall include truck engine throttle, water pump(on/off),water pump mode, water pump flow meter LCD display, hose reel control valve(forward/reverse), adjustable 14.3 hose reel speed control, oil dampened water pressure gauge, boom controls, digital water pump flow meter, and low water warning light Tachometer and hour meter for chassis engine provided at front control station shall be 14.4 provided. 14.5 Tachometer and hour meter for blower provided at front control station shall be j provided. All Hydraulic Functions - Color Coded, Sealed Electric/Hydraulic NEMA 4 switches shall 14.6 be provided. ✓ Blower Engagement/Vacuum Relief- Sealed Electric/Air NEMA 4 Switch shall be 14'7 provided. 15 0 ,& ELECTRICAL -SAFETY LIGHTING :=: s 15.1 The entire system shall be vapor sealed to eliminate moisture damage, "NEMA-4" type or equal. Vansco Electronic Package: Chassis Tachometer, Blower Tachometer, Operating Mode, PTO Mode, Hydraulic Oil Temperature shutdown, and E-Stop shall be included. ✓ E-Stop activation must tum off Rodder pump, shutdown PTD A & B, set chassis throttle 15,2 to idle, &open vacuum relief. E-stop must be located at each operator interface, including front/rear hose reel controls, pendant control, &dump control location. Basic machine functions and both chassis and module diagnostics shall be provided. 15.3 All electrical connections shall be void of exposed wires or terminals nor should they be painted. Paint process shall be completed prior to installation of wiring. 15.4 All wiring shall be color-coded and encased in conduit to scaled terminal boxes with circuit breakers. 15.5 All light bulbs shall be shock mounted to eliminate bulb failure 15.6 All other lights required by State and Federal Laws. j 15.7 A pistol grip hand light with bumper plug and 25' coiled cord shall be provided, ✓ 15.8 (2) L.E,D. Boom work lights shall be provided. ✓ There shall be a LED work light located at the operator station. ✓ 15.9 LED Lights, Clearance, Back-Up, Stop, Tail &Turn shall be provided. And shall be mounted on the rear of the water tanks. The unit shall be equipped with a LED Whalen lighting package. It shall include a TA1652L directional arrow stick on the rear of the unit. It shall have 6 LED corner 15.10 strobes located on the (2)front(2)mid ship and (2) rear of the vehicle And a 55" LED Light bar located on the top of the cab. Please note; no butt splices or push-on connector will be allowed. All electrical connection shall be of multi-pin type style male/female connectors. 15.11 The unit shall have a 4 way back up camera system. 1 camera front, 1 rear and 2 on each side of the vehicle. There shall be a 7" LCD color monitor located inside the cab. ✓ SAt y'EQUI,l M E-stop shall be located at each operator interface location. Standard locations to 16.1 include: front hose reel, mid-ship curbside dump controls, & wireless controller(if equipped.) Electrical system controls shall be configured to allow for single point operation only. 16.2 Upon engagement of controls at specified locations, additional controls shall be ✓ disabled. 16.3 (1) Emergency Flare Kit ✓ 16.4 (1)5#Fire Extinguisher ✓ Exceptions: 7.A..... SEWER:TOOLS AND ACCESSORIES; , 17.1 (1) 30° Sand Nozzle 17.2 (1)300 Sanitary Nozzle 17.3 (1) 150 Penetrator Nozzle 17.4 (1) 15" Sanitary Nozzle (40gpm/2500psi) 17.5 (1) 300-3 In. Dia. General Purpose Nozzle (80gpm/2500psi) 9 17.6 (1) 1" Small finned nozzle pipe skid 17.7 (1) Flexible Hose Guide 17.8 (1) Hydrant Wrench Exceptions: VACUUM 18.1 The basic vacuum tube package shall include the following: 18.2 (1) 8" x Taluminum pipe 18.3 (4) 8" x Faluminum pipe 18.4 (1) 8" x 6'6" catch basin tube 18.5 (4) 8" quick clamps 18.6 (2) 8 In. X 7.5'Aluminum Pipe Assembly Exceptions: 19:0 CHASSIS EQl71PMENT A_ND STORAGE 19.1 Two(2)front tow hooks shall be provided. 19.2 (2)Tool boxes located on the front bumper 19.3 (1)48" x 22" x 24"�Aluminum Toolbox Mounted Curbside shall be provided 19.4 (1) 18"x18"x24". Aluminum Toolbox—Street side shall be provided, 19.5 (2) Safety cone storage rack shall be provided at rear a 22 Deg. Not to block tail lights 19.6 4 PVC tool holders shall be installed on the boom support mount behind the cab, L/ The body including hose reel shall be painted with an IMRON paint color"White". 19.7 Components shall be sand blasted and painted before assembly. Also there shall be Blue Chevron style rear door reflective stripes on the rear of the unit Exceptions: SPECIFICATIONS20 0 CHASSIS 20.1 M2 106V CONVENTIONAL CHASSIS 20.2 EXPECTED FRONT AXLES) LOAD : 20,000 lbs, 20.3 EXPECTED REAP npn/p: AXLES) LOAD : —22—t)—,uu—u—,u�jbs 20.4 EXPECTED GROSS VEHICLE WEIGHT CAPACITY : 46,000 lbs. 20.5 EXPECTED BODY/PAYLOAD CG HEIGHT ABOVE FRAME "XX" INCHES : 32,0 In ENGINE 20.6 CUM ISC-350 350 HP @ 2000 RPM; 2200 GOV, 1000 LB/FT @ 1400 RPM 2010 EPA/GARB EMISSION CERTIFICATE 20.7 2010 Carb Emission Certification - Clean Idle (Includes 6x4 Inch Label On Left Side Of Hood) 10 20.8 Side Of Hood Air Intake With Donaldson High Capacity Air Cleaner With Safety Element, Firewall Mounted 20.9 Dr 12v 160 Amp 28-Si Quadramount Pad Alternator With Remote Battery Volt Sense 20.10 (2) Alliance Model 1131, Group 31, 12 Volt Maintenance Free 1850 Cca Threaded Stud Batteries 20.11 Cummins 18.7 CFM Air Compressor With Internal Safety Valve 20.12 Rh Outboard Under Step Mounted Horizontal After-treatment System Assembly Top Inlet With Rh B-Pillar Mounted Vertical Tailpipe 20.13 10 Foot 00 Inch (120 Inch+O/-5 Inch) Exhaust System Height 20.14 Cummins Spin On Fuel Filter 20.15 Combination Full Flow/Bypass Oil Filter 20.16 1200 Square Inch Aluminum Radiator 20.17 Antifreeze To -34f, Ethylene Glycol Pre-Charged Sca Heavy Duty Coolant 20.18 Gates Blue Stripe Coolant Hoses Or Equivalent 20.19 Delco 12v 38mt Hd Starter With Integrated Magnetic Switch 20.20 TRANSMISSION ALLISON 3000 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION 20.21 TRANSMISSION EQUIPMENT WTEC CALIBRATION- 6 SPEED RDS (PACKAGE 172) 20.22 (2) Muncie PTO's: Mpmcs10a1008 H1cx Lh And Mpmcs10a1008 H3cx Rh 20.23 PTO Mounting, Lh And Rh Sides Of Main Transmission 20.24 Push Button Electronic Shift Control, Dash Mounted 20.25 Synthetic Transmission Fluid (Tes-295 Compliant) 20.26 FRONT AXLE AND EQUIPMENT MFS-20-133A 20,000# FL1 SINGLE FRONT AXLE 20.27 Meritor 16.5x6 Q+ Cast Spider Cam Front Brakes, Double Anchor, Fabricated Shoes 20.28 Front Brake Dust Shields 20.29 Gunite Automatic Front Slack Adjusters 20.30 Trw Thp-60 Power Steering With Rch45 Auxiliary Gear 20.31 Power Steering Pump 20.32 FRONT SUSPENSION 20,000# FLAT LEAF FRONT SUSPENSION 20.33 Graphite Bronze Bushings With Seals - Front Suspension 20.34 Front Shock Absorbers 20.35 REAR AXLE AND EQUIPMENT RS-26-185 26,000#T-SERIES SINGLE REAR AXLE 11 20.36 5.63 Rear Axle Ratio 20.37 Iron Rear Axle Carrier With Standard Axle Housing 20.38 17t Meritor Extended Lube Main Driveline With Half Round Yokes 20.39 Meritor 16.5x7 P Cam Rear Brakes, Double Anchor, Cast Shoes 20.40 Rear Brake Dust Shields 20.41 Skf Scotseal Plus XI Rear Oil Seals 20.42 Flaldex Goldseal Longstroke 1-Drive Axle Spring Parking Chambers 20.43 IGunite Automatic Rear Slack Adjusters 20.44 REAR SUSPENSION 30,000# FLAT LEAF SPRING REAR SUSPENSION WITH HELPER AND RADIUS ROD 20.45 Spring Suspension - No Axle Spacers 20.46 BRAKE SYSTEM AIR BRAKE PACKAGE 20.47 Wabco 4s/4m Abs Without Traction Control 20.48 Bw Ad-9 Brake Line Air Dryer With Heater 20.49 Pull Cable On Wet Tank, Petcock Drain Valves On All Other Air Tanks 20,50 Upgraded Bulkhead Multiplexing Unit 20.51 WHEELBASE & FRAME ' 6050MM (238 INCH) WHEELBASE 20.52 7116x3-9/16x11-1/8 Inch Steel Frame (11.1 1mmx282.6mm/0.437x1 1,13 Inch) 120ksi 20.53 1/4 Inch (6mm) C-Channel Inner Frame Reinforcement 20.54 975mm (38 Inch) Rear Frame Overhang 20.55 6 Inch Integral Front Frame Extension 20.56 CHASSIS EQUIPMENT OMIT FRONT BUMPER, CUSTOMER INSTALLED SPECIAL BUMPER, DOES NOT COMPLY WITH FMCSR 393.203 20.57 Fender And Front Of Hood Mounted Front Mud-flaps 20.58 FUEL TANKS 80 GALLON/302 LITER ALUMINUM FUEL TANK- LH 20.59 23 Inch Diameter Fuel Tank(S) 20.60 Alliance Fuel Filter/Water Separator 20.61 TIRES/HUBS/WHEELS CONTINENTAL HTC 425/65R 22.5 20 PLY RADIAL FRONT TIRES 20.62 Continental Hdr 12r22.5 16 Ply Radial Rear Tires 20.63 Conmet Pre-Set Bearing Iron Front Hubs 12 20.64 Conmet Pre-Set Bearing Iron Rear Hubs 20.65 Hayes Lemmerz 10035 22.5x12.25 10-Hub Pilot 4.75 Inset 5 Aluminum Front Wheels 20.66 Hayes Lemmerz 90262 22.5x8.25 10-Hub Pilot 5-Hand Steel Disc Rear Wheels 20.67 CAB EXTERIOR 106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB 20.68 Air Cab Mounts 20.69 Non-removable Bug screen Mounted Behind Grille 20.70 3-1/2 Inch Fender Extensions 20.71 Lh And Rh Grab Handles 20.72 Stationary Bright Finish Grille 20.73 Single 14 inch Round Polished Air Horn Roof Mounted 20.74 Single Electric Horn 20.75 Single Horn Shield 20.76 Door Locks And Ignition Switch Keyed The Same 20.77 Dual Round 90mm Halogen Headlights Hood Mounted 20.78 (5)Amber Marker Lights 20.79 Daytime Running Lights 20.80 Dual West Coast Molded-in Color Mirrors 20.81 102 Inch Equipment Width 20.82 Lh And Rh 8" Molded-In Color Convex Mirrors Mounted Under Primary Mirrors 20.83 Rh Down View Mirror 20.84 Tinted Door Glass Lh And Rh With Tinted Operating Wing Windows 20.85 Manual Door Window Regulators 20.86 Lower Rh Door Window With Fresnel Lens 20.87 Tinted Windshield 20.88 1.5 Gallon Windshield Washer Reservoir Rh Frame Mounted Behind Radiator 20.89 CAB INTERIOR Light GRAY VINYL INTERIOR 20.90 Molded Plastic Door Panel Without Vinyl Insert With Aluminum Kick-plate Lower Door 20.91 Molded Plastic Door Panel Without Vinyl Insert With Aluminum Kick-plate Lower Door 20.92 Black Mats With Single Insulation 20.93 Dash Mounted Ash Trays And Lighter 20.94 Forward Roof Mounted Console With Upper Storage Compartments Without Netting 20.95 In Dash Storage Bin 20.96 (2) Cup Holders Lh And Rh Dash 20.97 Gray/Charcoal Flat Dash 13 20.98 Heater, Defroster And Air Conditioner 20.99 Standard Heater Plumbing With Ball Shutoff Valves 20.100 Denso Heavy Duty Air Conditioner Compressor 20.101 Binary Control, R-134a 20.102 Cab Insulation 20.103 Solid-State Circuit Protection And Fuses 20.104 12v Negative Ground Electrical System 20.105 Dome Light With 3-Way Switch Activated By Lh And Rh Doors 20.106 Cab Door Latches With Manual Door Locks 20.107 (1) 12 Volt Power Supply In Dash 20.108 Bostrom Talladega 910 High Back Air Suspension Driver Seat 20.109 Bostrom Talladega 910 High Back Air Suspension Passenger Seat 20.110 Dual DriverAnd Passenger Seat Armrests 20.111 Lh And Rh Integral Door Panel Armrests 20.112 Black Mordura Cloth Driver Seat Cover 20.113 Black Mordura Cloth Passenger Seat Cover 20.114 3 Point Fixed D-Ring Retractor Driver And Passenger Seat Belts 20.115 Adjustable Tilt And Telescoping Steering Column 20.116 4-Spoke 18 Inch (450mm)Steering Wheel 20.117 INSTRUMENTS & CONTROLS GRAY DRIVER INSTRUMENT PANEL 20.118 Gray Center Instrument Panel 20.119 Engine Remote Interface Without Interlocks 20.120 Black Gauge Bezels 20.121 Low Air Pressure Light And Buzzer 20.122 2 Inch Primary And Secondary Air Pressure Gauges 20.123 Intake Mounted Air Restriction Indicator With Graduations 20.124 97 Db Backup Alarm 20.125 Electronic Cruise Control With Switches In Lh Switch Panel 20.126 Key Operated Ignition Switch And Integral Start Position; 4 Position Off/Run/S to rt/Acces so ry 20.127 Odometer/Trip/Hour/DiagnosticNoltage Display: 1x7 Character, 26 Warning Lamps, Data Linked, Icu3 20.128 Diagnostic Interface Connector, 9 Pin, Sae J 1939, Located Below Dash 20.129 2 Inch Electric Fuel Gauge 20.130 JEngine Remote Interface With Increment/DBcrement 20.131 Engine Remote Interface Connector In Engine Compartment F Electrical Engine Coolant Temperature Gauge Transmission Oil Temperature Indicator Light Engine And Trip Hour Meters Integral Within Driver Display 14 20.135 Electric Engine Oil Pressure Gauge 20.136 AM/FM/Wb Radio With Cd Player And Front Auxiliary Input 20.137 Dash Mounted Radio 20.138 (2) Radio Speakers In Cab 20.139 Am/Fm Antenna Mounted On Forward Lh Roof 20.140 Electronic Mph Speedometer With Secondary Kph Scale, Without Odometer 20,141 Standard Vehicle Speed Sensor 20.142 Electronic 3000 Rpm Tachometer 20.143 Digital Voltage Display Integral With Driver Display 20.144 Single Electric Windshield Wiper Motor With Delay 20.145 Marker Light Switch Integral With Headlight Switch 20.146 One Valve Parking Brake System With Warning Indicator 20.147 Seff-Canceling Turn Signal Switch With Dimmer, Washer/WiperAnd Hazard in Handle 20.148 Integral Electronic Turn Signal Flasher With Hazard Lamps Overriding Stop Lamps 20.149 DESIGN/COLOR PAINT: ONE SOLID COLOR 20.150 White, Cab Color 20.151 Black, High Solids Polyurethane Chassis Paint 20.152 Alum Polish Front Wheels & White Rear Wheels/Rims 15 HAAKER EQUIPMENT COMPANY SINCE 1972 A CALIFORNIA CORPORATION 2070 N.White Avenue La Verne, California 91750 (909)598-2705-FAX(909)598-1427 http://wwwhaaker.com PROPOSAL, November 17,2011 M- CUCAMONGA VALLEY WATER DIST ATTN: Mr. Robert Koczko 10440 Ashford Street 951206-6277 Rancho Cucamonga CA 91729 Email: robertk@cvwdwater.com In accordance with your request, we are pleased to submit the following proposal for your consideration and approval: One(1)NEW VACTOR 2110 PLUS JET RODDER 10-Cubic Yard Capacity with Roots 15" Positive Displacement Blower, 1000 Gallons of Water, Mounted on a 2012 Freightliner M2 4x2 Chassis,350 HP and Allison Automatic Transmission. Equipped with all Standard and Optional Equipment listed: Standard Equipment: ✓ One Alum Tool Box-Weather Proof Lockable- ✓ Midship Handgun Coupling 48x22x24 Located Passenger Side On Sub frame ✓ Water Flow Meter ✓ Aluminum Fenders ✓ Hose Wind Guide, Dual Roller ✓ Mud Flaps ✓ Hose Footage Counter ✓ Electric/Hydraulic For Way Boom ✓ Hose Reel Manual Hyd Extend/Retract ✓ Color Coded Sealed Electrical System ✓ Hose Reel Chain Cover(Full) ✓ Remote Pendant Control With 35'Cord ✓ Hydraulic Extending 15"Hose Reel (800'Capacity) ✓ Double Acting Hydraulic Dump Hoist Cylinder ✓ Tachometer/Chassis Engine ✓ 2"Y Strainer With 25'Fill Hose ✓ Tachometer&Hour Meter/Blower ✓ Handgun Assembly And 1/2"X 35' Hose,With ✓ Circuit Breakers Quick Disconnect ✓ Vactor Manual ✓ Ex-Ten Steel Cylindrical Debris Tank ✓ Electronic Back Up Alarm ✓ Flexible Hose Guide ✓ Module-Wet On Wet Dupont Paint ✓ (3)Nozzles With Carbide Inserts And Nozzle Rack ✓ g"Vacuum Pipe Package ✓ 1"Nozzle Pipe ✓ Emergency Flare Kit ✓ Flat Rear Door With Hydraulic Locks And Door ✓ Fire Extinguisher-5# Power Up, Power Down,Open/Close.(No Grabber) ✓ 60"Dump Height ✓ Dual 10"Ss Float Shut Off System/Rear Mounted ✓ Debris Deflector Plate ✓ Debris Body Vacuum Relief System ✓ Suction Tube Storage: Curbside 2 Pipe,Rear Door ✓ Hydraulic Oil High Temperature Light/Alarm 2 Pipe - ✓ Liquid Float Level Indicator ✓ Vansco-Electronic Package ✓ Front Blower Controls ✓ Performance Package:Hyd Variable Flow,Dual ✓ 180 Degree Rotation Non-Telescopic Boom, Front Hyd Pumps Loading 8"Suction Hose ✓ Side Mounted Water Pump ✓ Boom Transport Cradle ✓ 3"Y Strainer At Water Pump W/3"Drain Valve Optional Equipment Included: ✓ Debris Body Flushout System ✓ Telescoping Hose Reel With Dual Controls ✓ 6" Butterfly Valve/Rear Door ✓ Hydraulic Shut-Off Valves at Suction, Return and ✓ Debris Body Vacuum Relief System with Debris Filterline(3) Body load Limit Alarm ✓ Rudder Pump Drain Valves(2) ✓ Submersible Trash Pump-Plumbed to Front ✓ LED Whelen Light Package Bumper —(2)HA238C Hide Away Strobes ✓ Fold Down Pipe Rack Curbside and Streetside -(2)4E Grilp Grille Master HSG Strobes with ✓ Splash Shield 402000AU Linear Strobes ✓ Lube Manifold —(l)CSP660 Power Supply ✓ Low Water Alarm with Warning Light --(I)9M262000(55")Light Bar with Alley Lights ✓ Laval Water Separator with Front Flashers,Cab Mounted ✓ 3"Y Strainer in Lieu of 2"at Water Tank Fill --(I)PCCR6R Controller ✓ Electronic Blower Engagement Front Station --(I)TA837 Traffic Advisor Control --(2)TATPR20-20'Extension Cable ✓ 8' Hydraulic Telescopic Boom with 180-Degree ✓ Handlight with Bumper Plug Rotation ✓ LED Worklight for Operator Station ✓ Joystick Control for Boom Function ✓ LED Worklights on Boom ✓ Post Style Front Bumper ✓ LED Worklights at Hose Reel Manhole ✓ 80 GPM/2500 PSI Water System-ILA Standard ✓ 16XI2X 18 Tool Boxes(2), Located On Front Water System Bumper ✓ Accumulator System for Water Pump ✓ 24x24x24 Too)Box, Drivers Side ✓ Front and Rear Handgun Couplers ✓ Long Handle Tool Storage(6) ✓ Hydro Excavation Kit/Retractable Reel with 50'x ✓ Module—Imran Paint 3/8"Hose,Handgun and Plumbing ✓ Rear Door Stripes—Chevron ✓ 800'X 1"Sewer Hose ✓ 8"0,5'Aluminum Pipe Assembly ✓ Indexing Automatic Hose Level Wind Guide ✓ 8"Quick Clamp Assembly ✓ Digital Hose Counter ✓ Emergency Flare Kit ✓ Handgun Hose Reel, Spring Retractable with 50' ✓ AM/FM/CD Radio with Bluetooth Hose Assembly UnitPrice..............................................................................................$ 332,531.00 Sales Tax (7.75%).................................................................................$ 25.771.16 Subtotal:...........'­...... ...... .........__..........__...... $ 358,302.16 Less Trade In Value/Consignment:..................... ................. ........ ($ 10,000.00) TOTAL PRICE F.O.B. RANCHO CUCAMONGA,CA..: ............$_14&30216 THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO WARRANTY EXPRESSED OR IMPLIED,OF MERCHANTABILITY OR OTHERWISE,OR OF FITNESS FOR ANY PARTICULAR PURPOSE,THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT. NOTE: Price is good until 60 Days. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented. TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable,will require payment unless a properly executed Exemption Certificate is submitted. DELIVERY: Approx 180-210 Days TERMS: Net30 We appreciate the opportunity to present this proposal and look forward to being of further and continued service. HAAI(ER EQUIPMENT COMPANY ACCEPTED BY: let BY: /q ff/Vafwd DATE: Matt Muinch Sales Representative G _ m'4TIF.ORN�P 3 CONSENT ITEM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ROBERT NEIUBER, INTERIM HUMAN RESOURCES DIRECTOR VIA: JAMES MAKSHANOF , CITY MANAGER DATE: JULY 16, 2012 SUBJECT: CONSIDERATION OF FINAL APPROVAL FOR PUBLIC AGENCY RETIREMENT SERVICES (PARS) SUPPLEMENTAL RETIREMENT PLAN(SRP) TO IMPLEMENT AN EARLY RETIREMENT INCENTIVE PROGRAM FOR QUALIFYING AZUSA CITY EMPLOYEE ASSOCIATION COVERED EMPLOYEES RECOMMENDATION It is recommended that the City Council review the financial analysis showing the savings that the implementation of the Public Agency Retirement Services(PARS) Supplemental Retirement Plan(SRP)to implement an early retirement incentive program for qualifying Azusa City Employees Association(ACEA) covered employees will provide for the City and find that the program meets the City's fiscal and operational objectives as it can save the City about $450,000 over five years. BACKGROUND The primary objective of a retirement incentive is to increase and accelerate the retirement rate over and above natural attrition in order to facilitate specific objectives such as personnel restructuring and fiscal savings. Fiscal savings are achieved by "right-sizing" the organization by the elimination of certain vacated positions or reclassifying positions to reflect the City's current personnel needs. This is a specific proposal for Azusa City Employee Association covered employees who meet the following eligibility criteria: • Are employed by the City as of June 18, 2012; and • Be fifty-five(55)years of age or older with at least twenty(20)years of CaIPERS service as of July s• 30, 2012; and • Resign from City employment effective no later than July 30, 2012; and • Retire from CaIPERS effective no later than July 31, 2012 Proposed Plan Design • Offered through a tax-qualified plan —Internal Revenue Code Section 401(a) • Benefit level is 7% of Final Pay, which means: Final Pay x 7% divided by 12 = Monthly Lifetime Benefit Seven of the fifteen eligible ACEA covered employees choose to participate in the program. Of those seven, four of the positions that they hold would have been affected by the layoff. For that reason you will see that the attached fiscal analysis is based on savings from maintaining vacancies in those three positions. FISCAL IMPACT It is anticipated that the PARS SRP will save the City approximately$450,000 over the five year period of the annuity if the three positions remain vacant. The cost of the annuity is figured into the savings that this plan is anticipated to provide. The yearly cost of the five year annuity is anticipated to be no more than $91,000, and the first year savings above that anticipated cost for the first year is estimated to be $89,000. There is no fiscal impact to cancel the plan at this time if that is the direction of the City Council. Attachments June 18, 2012 related Council Report D-14 PARS City of Azusa Post-Analysis Report Revised July 11, 2012 2012 PARS Supplementary Retirement Plan City of Azusa //�� ■� Miscellaneous Employees Ayaf a Projected Timeline: us o " 1. Initial PARS Introductory Meeting May 23,2012 6Z --pr` 2. Enrollment Packets Mailed to Employees'Home Week of June 18,2012 3. Employee Orientation MeetingANorkshop Late June 2012 _ CONSENT ITEM 4. Enrollment Window Closes July 9,2012 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS S. PARS Provides Post Analysis July 11,2012 FROM: ROBERT NEIUBER,INTERIM HUMAN RESOURCES DIRECTOR 6. City announces whether Plan goes forward on or before July 17,2012 VIA: JAMES MAKSHANOFFtCITY MANAGER 7. Employees Resign from City employment on or before July 30,2012 DATE: JUNE I8,2012 a. Employees Retire under PERS on or before July 31,2012 SUBJECT: ADOPTION OF A RESOLUTION AUTHORIZING PUBLIC AGENCY 9. City funds SRP no later than August 10,2012 RETIREMENT SERVICES (PARS) SUPPLEMENTAL RETIREMENT PLAN (SRP)TO IMPLEMENT AN EARLY RETIREMENT INCENTIVE PROGRAM 10, PARS Benefits Commence September 1,2012 FOR QUALIFYING AZUSA CITY EMPLOYEE ASSOCIATION COVERED (paid retroactive to August 1) EMPLOYEES RECOMMENDATION It is recommended that the City Council Adopt the attached Resolution,authorizing Public Agency Retirement Services(PARS)Supplemental Retirement Plan(SRP)to implement an early retirement incentive program for qualifying Azusa City Employees Association(ACEA)covered employees. BACKGROUND The primary objective of a retirement incentive is to increase and accelerate the retirement rate overand above natural attrition in order to facilitate specific objectives such as personnel restructuring and fiscal savings. Fiscal savings are achieved by"right-sizing'the organization by the elimination of ce tam vacated positions or reclassifying positions to reflect the City's current personnel needs. The State Legislature's action to abolish Redevelopment Agencies eliminated a vital source ofrevenue for local governments. The loss of this revenue comes at a time when the economy is in a slow recovery. To ensure the fiscal health of the City of Azusa,staff is exploring options to reduce expenditures. A viable method to reduce personnel costs is by implementing an early retirement incentive offered by PARS. The early retirement incentive offered by the Supplemental Retirement Plan(SRP)offers the City an opportunity to address the fiscal challenges created by the loss of Redevelopment, economic conditions,and CaIPERS projected increases. Prepared by PARS(Public Agency Retirement Serves) Page 3 2012 PARS Supplementary Retirement Plan City of Azusa A SRP"works"if it Miscellaneous Employees b) The monthly cash payment amount shall equal one-twelfth of seven percent • Accomplishes restructuring goals by allowing the City Manager and Department Directors to (7.00%)of Final Pay. reorganize City departments. c) For purposes of this plan, Final Pay shall be defined as the employee's current • Accomplishes fiscal goals by not filling, or filling in a different manner, the positions vacated base annual salary as of June 1,2012. by the retiring employee. 3.2 Alternative monthly fors of payment of equivalent present value to the basic benefit • Treats retiring employees fairly and respectfully. shall be offered. They shall include: There are two major avenues foram early retirement incentive program. One is through CaIPER$and one is a) Joint-and-survivor payments; through Public Agency Retirement Services(PARS). b) Payments made for the life of the participant''subject to a ten year minimum;and ar The differences between the two systems c as follows: c) Fixed term payments of from five(5)to fifteen(15)years. These payments are • The Ca1PERS retirement incentive program adds two years of service credit to each eligible guaranteed to the participant for the full term selected. employee and requires the public agency to hold the position vacant for at least two years. Itcauses 3.3 The amount of monthly payment shall be fixed as of July 9,2012 and shall not be subject a direct hike in the City's employer paid CalPERS rate. to increase thereafter. • The PARS program is more flexibleas itallows the City to set thepayment,eligibility,and refilling 3.4 The choice of for of payment(and the choice of payment beneficiary if choosing a joint practice based on the City's personnel and fiscal needs.With PARS,the City still has an expense, and survivor form of payment) shall become final as of July 9, 2012 and shall not be but it is tied to the purchase of what is in effect a 5-year annuity premium payment for each retiring subject to change thereafter, employee,thus the City's expense is known and quantifiable rather than subject to CaIPERS'rate calculations. 3.5 PARS benefits are to commence September 1,2012(paid retroactive to August 1,2012). o PARS fee is 5.50%of all plim contributions,and a trustee fee of 0.12%of total contribution paid to Union dank. PARS has waived their normal$5.000 minimum per year,over 5 years 4.0 Contract Administrator and their plan cancellation fee of$5,000. 4.1 The Contract Administrator for the Retirement Incentive shall be PARS. o PARS is strictly a fee for service organization, No commissions,overwrites,front-end loads or back-end loads will be added to any insurancepmductpurchased through the PARS 4.2 The fee for PARS shall be 5.5% of plan wntributions to the PARS Trust for services SRP. related to the Supplementary Retirement Plan. This is a specific proposal for Azusa City Employee Association covered employees who meet the following eligibility criteria: • Are employed by the City as of June 18,2012;an • Be fifty-five(55)years of age or older with at least twenty(20)years ofCaIPERS service m of July 30,2012;and • Resign from City employment effective no later than July 30,2012;and • Retire from CalPERS effective no later than July 31,2012 , Prepared by PARS(Public Agency Retirement Services) Page 2 B 2012 PARS Supplementary Retirement Plan City of Azusa Miscellaneous Employees Proposed Plan Design With regard to the PARS Supplementary Retirement Plan for 2012, the City proposes the • Offered through atax-qualified plan—Internal Revenue Code Section 401(a) following: • Benefit level is 7%of Final Pay,which means:Final Pay x 7%divided by 12=Monthly Lifetime Benefit 1.0 Eligibility Employees can choose among 14 different payout options ranging from a monthly lifefime payout to fixed 1.1 Those Miscellaneous employees designated eligible for participation who: term payments of 5 to 15 years. a) Are employed by the City as of June 18,2012; If any employees exceed the IRC Section 415(b) limits when aggregating the CalPERS and PARS benefits together, an IRC Section 415(m) governmental qualified excess benefit plan shall be b) Are fifty five(55)years of age with twenty(20)years of PERS service as of July 30, utilized to provide benefit payments ifapplicable. This program is analogous to a poignant maintained 2012; by Ca1PERS called the Replacement Benefit Program that is utilized for this purpose. c) Resign from City employment effective no later than July 30,2012;and FISCAL IMPACT d) Retire under PERS effective no later than July 31,2012. PARS will provide a fiscal analysis for the City Council to consider at their July 16,2012 meeting at which 2.0 Participation Requirements time the Council can make a final determination if they will be moving forward with this program. The City Council reserves the right to withdraw pre plan ifthe anticipated savings and/orparlicipation rate 2.1 Participating employees shall submit all required PARS enrollment materials and City does not meet the fiscal and operational goals ofthe City. There is no fiscal impact to cancel the plan after Letter of Resignation to PARS on or before the deadline date of July 9, 2012. the initial implementation. Resignations of participants are irrevocable as of the enrollment deadline and may not be rescinded unless the City withdraws the incentive pursuant to Paragraph 2.2 below. Attachments Resolution 2.2 If alter the close of the enrollment window the City determines that the plan does not Administrative Services Agreement Sample.SPR Plan Language meet the City's fiscal and operational objectives, the City may withdraw the Incentive, provided it notifies the employees of the withdrawal of the incentive on or before July 16, 2012. If the City withdraws the incentive for employees,their Letter of Resignation will be automatically rescinded. 2.3 Participation in the retirement incentive requires: a. Submission of required PARS enrollment materials and City Letter of Resignation to PARS by July 9,2012; b. Resignation from City employment effective no later than July 30,2012; and - c. Retirement from PERS on or before July 31,2012, - 3.0 Incentive Payments 3.1 Regarding the basic incentive under this plan: a) The basic, unmodified benefit shall be a monthly cash payment for the lifetime of the participant. Prepared by PARS(Public Agency Retirement Services) Yege l RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DRAFT' AUTHORIZING PUBLIC AGENCY RETIREMENT SERVICES(PARS) SUPPLEMENTAL RETIREMENT PLAN(S HP)TO IMPLEMENT AN EARLY RETIREMENT INCENTIVE PROGRAM FOR QUALIFYING EXHIBIT IC MEMBERS OF THE AZUSA CITY EMPLOYEES ASSOCIATION DATA REOUIREh9ENT5 WHEREAS the City of Azusa (the "City") is a member of the Public Agency Retirement PARS will provide the Services under this Agreement contingent upon receiving the System(PARS)for the purpose of providing tax qualified retirement benefits;and following information: WHEREAS it is to be determined to be in the best fiscal interest of the City and its employees 1. Participant Data(provided by Agency): to provide a.supplementary retirement program to eligible employees who wish to voluntarily (A) pans Legal Name exercise their option to separate from City service;and (B)Participant's Position WHEREAS the PARS Frust has made available a Supplementary Retirement Plan (SRP), (C)ParticipanisAddress supplementing CaIPERS and qualifying under the relevant sections of the Internal Revenue Code and the California Government Code. (D)Participant's Birth Date (E)Participant's Hire Date NOW THEREFORE,be it resolved that: (F)Participant's Contract Salary 1. The City Council,being a member of the PARS Trust,does hereby adopt the PARS (G)Years.[Agency Service Supplementary Retirement Plan,effective June 18,2012;and (H)Retirement Date 2 In order for the City to reach stated fiscal and operational objectives,a minimum 2. Executed Legal Documents(provided by Agency): savings must be achieved. If this minimum is not reached,the City may withdraw the (A)Certified Resolution retirement incentive. If the City withdraws the retirement incentive,resignations may (B)Adoption Agreement be rescinded;and (C) Plan Document 3. The City Council hereby appoints the City Manager,or his/her successor or his/her (D)Trustee Investment Forms designee as the City's Plan Administrator for the PARS Supplementary Retirement 3. Completed Funding Documents(provided by Agency): Plan;and (A)Authorization to Pay Benefits Form The City's Plan Administrator is hereby authorized to execute the PARS legal and administrative (B)Funding of PARS Supplementary Retirement Plan Form documents on behalf of the City and to take whatever additional actions are necessary to 4. Completed Enrollment Forms(timely submitted by Participant): maintain the City's participation in PARS and to maintain PARS compliance of any relevant regulation issued or as may be issued;therefore authorizing him/her to take whatever additional (A)Correction Form actions are required to administer the City's PARS plau(s). In addition, if the City's Plan (B)Enrollment Form Administrator finds that the PARS supplemental plan benefit must be limited under Section 415 of Imam.] Revenue Code, then the Plan Administrator will implement replacement benefit (C)Beneficiary Designation Form programs at no additional cost to the City. (D)Tax Withholding Request Form (E)Letter of Resignation The City Clerk shall certify the passage of this Resolution. 5. Other information pertinent to the Services as reasonably requested by PARS. APPROVED AND PASSED this lbs'day of June,2012. MAYOR OF THE CIT OF AZUSA Page 8 v e v A I HEREBY CERTIFY that the foregoing Resolution wnduiy passed by the City Council of the City of Azusa at a regular meeting thereof held on the 18" day ofJune,2012. DRAFT AYES: COUNCILMEMBERS: EXHIBIT IB NOES: CO[Ni CILMEMBERS: ABSENT: COUNCILMEMBERS: FEES FOR SERVICES PARS will be compensated for performance of Services,as described in Exhibit IA based upon the following schedule: Upon implementation of the Plan associated with this Agreement,the Agency agrees CITY CLERK OF THE CITY OF AZUSA to pay: (A) An ongoing administration fee equal to five and one-half percent (5.50%) of contributions and/or premiums made by the Agency on behalf of participants in the subject Plan.Fees will be billed to the Trustee as contributions are made by the Agency,and it will be the responsibility of the Trustee to pay those fees from the assets of the Plan. These fees are exclusive of Trustee and investment management fees,which are based on the standard fees charged by the Trustee. (B) A fee equal to actuarial expenses, if any, charged to PARS by an outside contractor for an actuarial valuation of the Agency's Plan("Actuarial Valuation Fee"). (C) A fee equal to the stated IRS application fees and legal fees related to any ongoing federal and/or state required Plan compliance changes. Such fees will not be charged to the Agency without prior authorization by the Plan Administrator. Page DRAFT DRAFT AGREEMENT FOR ADM INISTRATIVE SERVICES (G)Notifying the Trustee of the amount of Plan assets available for further inveshnent and management,or,the amount of Plan assets necessary to be liquidated in order m This agreement("Agreement") is made this_ day of.,2012, between fund Participant distribution payments; Phase It Systems, a corporation organized and existing under the laws of die Slate of (H)Coordinating actions with the Trustee as directed by the Plan Administrator within California,doing business as Public Agency Retirement Services(hereinafter"PARS")and the scope this Agreement; the City of Azusa("Agency"). (I) Coordinating and selecting of a licensed actuary to perform actuarial valuation, if WHEREAS, Agency is desirous of retaining PARS, as Trust Administrator to the PARS required, on a periodic basis to comply with state and federal laws (the actuarial Trust,to provide administrative and consulting services with respect to the City of Azusa certification fee for which shall be paid by the Agency); PARS Supplementary Retirement Plan or any excess benefit plan(the"Plan"). (J) Preparing and submitting the Annual Report of Financial Transactions to the California State Controller, as required by law, for the PARS Trust Program, NOW THEREFORE,die parties agree' including the required ceniFied audit of the PARS Trust. 1. Services. PARS will provide the services pertaining to the Plan as described in the 4. Plan Compliance Services: Coordinating and preparing changes to the'I ust, Plan and exhibit attached hereto as"Exhibit IA"("Services")in a timely manner,subject to the other associated legal documents required by federal and state agencies to maintain the further provisions of this Agreement. Plan in compliance,for review by Agency legal counsel. 2. Fees fur Services. PARS will be compensated for performance of the Services as described in the exhibit attached hereto as"Exhibit IB".. 5. PARS is not licensed to provide and does not offer tae,accounting,legal,investment or 3. Payment Terms. Payment for the Services will be remitted directly from Plan assets actuarial advice. unless otherwise stated in Exhibit IB. In the event that the Agency chooses to make 6. Any analysis provided by PARS is subject to the receipt of accurate information and payment directly to PARS,it shall be the responsibility of the Agency to remit payment assumptions as may be provided by Agency. The Agency is responsible for integrating directly to PARS based upon an invoice prepared by PARS and delivered to the Agency. the PARS analysis into any Agency budgetary analysis or decision-making processes. If payment is not received by PARS within thirty(30)days of the invoice delivery date, The fiscal projections in the PARS analysis are dependent upon future experience the balance it..shall bear interest at the rate of 1.5% per month. If payment is not conforming to the assumptions used and the results will be altered he the extent that received from the.Agency within sixty(60)days of the invoice delivery date,payment ' future experience deviates from these assumptions. It is certain that actual experience plus accrued interest will be remitted directly from Plan assets, unless PARS has will not conform exactly to the assumptions used in the analysis, Previously received written communication disputing the subject invoice that is signed by a duly authorized representative of the Agency. 4. Fees for Services Beyond Scope. Fees for services beyond those specified in this Agreement will be billed to the Agency at the rates indicated in the PARS standard fee schedule in effect at the time the services arc provided and shall be payable as described in Section 3 of this Agreement. Before any such services are performed, PARS will provide the Agency with written notice of the subject services,tens,and an estimate of the fees therefore. - 5. Information Furnished to PARS. PARS will provide the Services contingent upon the Agency's providing PARS the information specified in the exhibit attached hereto as "Exhibit IC"("Uata"). It shall be the responsibility of the Agency to certify the accuracy, content and completeness of the Data so that PARS may rely on such information without further audit. It shall further be the responsibility of the Agency to deliver the Data to PARS in such a manner that allows for a reasonable amount of time for the Services to be performed. Unless specified in Exhibit IA,PARS shall be under no duty to question Data received from the Agency,to compute contributions made to the Plan,m determine or inquire whether contributions are adequate to meet and discharge liabilities under the Plan,or to determine or inquire whether contributions made to the Plan are in compliance Page 1 Page 6 s• C DRAFT DRAFT EXHIBIT IA with the Plan or applicable law. In addition, PARS shall not be liable for non- performance of Services if such non-performance is-caused by or results from erroneous SERVICES and/or late delivery of Data from the Agency. In the event that the Agency fails to provide Data in a complete, accurate and timely manner and pursuant to the specifications in Exhibit IC, PARS reserves the right, notwithstanding the further PARS will provide the(allowing services for the City of Azusa: provisions of this Agreement,to terminate this Agreement upon no less than ninety(90) I. Plan Consultation Services: days written notice to die Agency. (A) Meeting with Agency personnel to discuss the impact to the Agency of implementing 6. Suspension of Contributions. ht the evert contributions are suspended, either a Plan; temporarily or permanently,prior to the complete discharge of PARS'obligations under (B) If appropriate,completing a fiscal analysis,based on data anthis Agreement, PARS reserves the right to bill the Agency for Services under this d assumptions provided Agreement at[he rates indicated in PARS'standard fee schedule in effect at the time the by Agency,to determine the fiscal feasibility of a Plan; services are provided,subject to the terms established in Section 3 of this Agreement. (C) Meeting with Agency personnel to discuss the fiscal analysis and receive feedback on Before any such services are performed, PARS will provide the Agency with written the analysis,date,and assumptions made; notice of the subject services,terns,and an estimate of the fees therefore. (D) Making appropriate revisions to the fiscal analysis as directed by Agency. 7. Records. Duringthe term of this Agreement.and for n period of five 5 B p (.) ears ager 2. Plan Installation Services: termination of this Agreement,PARS shall provide duly authorized representatives of the Agency access to all records and material relating to calculation of PARS'fees under this (A) Meeting with appropriate Agency personnel to discuss plan provisions, Agreement. Such access shall include the right to inspect, audit and reproduce such implementation timelines, benefit communication strategies, data reporting and records and material and to verify reports furnished in compliance with the provisions of cunlributien submission requirements; this Agreement. All information so obtained shall be accorded confidential treatment as (B) Providing the necessary analysis and advisory services to finalize these elements of provided under applicable law. , the Plan; 8. Confidentiality. Without the Agency's consent, PARS shall not disclose any (C) Providing the documentation needed to establish the Plan for review by Agency legal information relating to the Plan except to duly authorized officials of the Agency and to counsel. parties retained by PARS to perform specific services within this Agreement. The 3. Plan Administration Services: Agency shall not disclose any information relating to the Plan to individuals not (.4)Monitoring the receipt of Plan contributions made by the Agency to the trustee employed by the Agency without the prior written consent of PARS, except as such disclosures may be required by applicable law. PARS Trust Program("Trustee'),based upon information received from the Agencygene and the I rustce; 9. Independent Contractor. PARS is and at all times hereunder shall be an independent (B)Performing periodic accounting of Plan assets,including die allocation of employer contractor. As such,neither the Agency nor any of its affects,employees or agents shall contributions, distributions, investment activity and expenses (if applicable), based have the power to control the conduct of PARS,its officers,employees or agents,except upon information received from the Agency and/or Yrustee; ' as specifically set forth and provided for herein. PARS shall pay all wages,salaries and other amounts due its employees in connection with this Agreement and shall be (C)Actingas ongoing liaison between the Participant Il and [he Agency in regard [e responsible for all reports and obligations respecting them, such as social security, telephone payments, which shall include use by the Participants of tall-free income tax withholding, unemployment compensation, workers' compensation and telephone wmmunicetion to PARS; similar matters. (U)Producing benefit illustrations and processing enrollments; 6 10.Indemnification. PARS and Agency hereby indemnify each other and hold the other ( )Coordinating the processing of Participant distribution payments pursuant to hamdess, including their respective officers,directors,employees,agents and atromeys, authorized written Agency certification of distribution eligibility,authorized direction from any claim,loss,demand,liability,or expense,including reasonable attomevs'fees by the Agency,and the provisions of the Plan,and,to the extent possible,based upon and costs,incurred by the other as a consequence of PARS'or Agency's,as the case may Agency-provided Data; be,acts,erors,or omissions with respect to the performance of(heir respective duties (P)Directing Trustee to liquidate Plan assets (if necessary) and make Participant hereunder. distribution payments,and producing required tax filings regarding said distribution payments; Page 5 Page 2 DRAF-F DRAFT 1 I.Compliance with Applicable Law. The Agency shall observe aid comply with federal, either party gives written notice to the other party of the intent to terminale prior to ninety state and local laws in effect when this Agreement is executed,or which may come into (90)days before the end of the Term. effect during the term of this Agreement, regarding the administration of the Plan. PARS shall observe and comply with federal,state and local laws in effect when this 18.Amendment This Agreement may not be amended orally, but only by a written Agreement is executed, or which may come into effect during the term of this instrument executed by the panics hereto. Agreement,regarding Plan administrative services provided under this Agreement. . 19.Entire Agreement. This Agreement, including exhibits, contains the entire 12.Applicable Law. This Agreement shall be governed by and construed in accordance understanding oflhe parties with respect to the subject matter set forth in this Agreement. with the laws of the State of California. In the event any party institutes legal In the event is conflict arises between the parties with vespect to any learn,condition or proceedings ro enforce or interpret this Agreement,venue and jurisdiction shall be in any provision of this Agreement,the remaining terms,conditions and provisions shall remain state court of competent jurisdiction. in full farce and legal effect. No waiver of any term or condition of this Agreement by any party shall be construed by the other as a continuing waiver of such term or 13.Force Majeure. when satisfactory evidence of a cause beyond a partv's control is condition. presented to the other party,and nonperfomnance was unforeseeable,beyond the control and not due to the fault of the party not performing, a parry shall be excused from 20.Attorney's Fees. In the event any action is taken by a parry hereto to enforce the terms performing its obligations under this Agreement during the time and to the extent that it of this Agreement,the prevailing party therein shall be entitled to receive its reasonable is prevented from performing by such cause,including but not limited to'any incidence attorney's fees. of fire,flood,acts of God,acts of terrorism or war,commandeering of material,products, plants or facilities by the federal,state or local government,or a material act or omission 21.Counterparts. This Agreement may be executed in any number of counterparts,and in by the other perry, that event, each counterpart shall be deemed a complete original and be enforceable without reference to any other counterpart. 14.Ownership of Reports and Documents. The originals of all letters,documents,reports, and data produced for the purposes of this Agreement shall be delivered lo,and become 22.Headings. Headings in this Agreement are for convenience only and shall not be used to the property of tie Agency. Copies may be made for PARS but shall not be furnished to interpret or construe its provisions. others without written authorization from Agency. 23.Effective Date. This Agreement shall be effective on the date first above written,and 15.Designees. The Plan Administrator of the Agency, or their designee, shall have the also shall be the daze the Agreement is executed. authority to act for and exercise any of the rights of the Agency as set forth in this AGENCY: Agreement,subsequent to and in accordance with the written authority granted by the Governing Body of the Agency,a copy of which writing shall be delivered to PARS. BY: Any officer of PARS, or his or her designees,shall have the authority to act for and TITLE: [Plan Administrator] exercise any of the rights of PARS as set forth in this Agreement. DATE: 16.Notices. All notices hereunder and communications regarding the interpretation of the terms of this Agreement,or changes thereto,shall be effected by delivery of the notices PARS: n person or by depositing the notices in the U.S.mail,registered or cenified mail,rctum receipt requested,postage prepaid and addressed as follows: BY: (A) To PARS: PARS; 4350 Von Kerman Avenue, Suite 100, Newport Bcach, CA TITLE: - 92660;Attention: President DATE: (B) To Agency: City of Azusa, P.O. Box 1395, Azusa, CA 91702-1395; Attention: [Plan Administrator[ Notices shall be deemed given on the date received by the addressee. 17.Farm of Agreement. This Agreement shall remain in effect for the period beginning 2012 and ending ,2017("Tern"), This Agreement will continue unchanged for successive twelve-month periods following the Term unless Page 3 Page 4 a �1 Notice City of Azusa This analysis attempts to quantify in economic terms, not budgetary terms, the Post-Analysis Report: Revised July 11, 2012 fiscal impact of a retirement incentive program at the City. This analysis is PARS SUPPLEMENTARY RETIREMENT PLAN entirely driven by the assumptions set forth by the City. If the assumptions are changed or modified by the City the results shall vary from what is set The primary objective of a retirement incentive is to increase and accelerate forth in this analysis. The accuracy of any results and/or analysis will depend the retirement rate over and above natural attrition in order to facilitate entirely upon the accuracy of the information provided and the assumptions specific Agency objectives such as personnel restructuring, fiscal savings, etc. used'. Fiscal savings are achieved by replacing the retiring employee, who is typically at the top of the salary schedule, with a replacement employee at the bottom The information, data and assumptions used in this analysis have been of the salary schedule. If the salary schedule provides a large enough spread provided to Public Agency Retirement Services (PARS) by the City. It shall be from entry employees to top step employees, the resulting salary differential is the responsibility of the City to certify the accuracy, content and completeness sufficient to pay for the costs of the plan and generate additional savings over of the information, data and assumptions so that PARS may rely on such and above natural attrition. If the differential on the salary schedule is information without further audit. PARS shall be under no duty to question the narrower, then savings can be generated by non-replacement of retiring information, data and assumptions received from the City including, but not employees. limited to, inquiries about how the analysis, information, data and assumptions ANALYSIS METHOD OF CALCULATION work in conjunction with the City's budget. The analysis compares the savings projected over a five-year period from PARS shall not be liable for non-performance of Services if such non- offering the PARS Supplementary Retirement Plan (SRP)during the 2012 Fiscal performance is caused by or.results from erroneous and/or late delivery of Year to the savings expected over the same period if natural attrition runs its information,data and assumptions. normal course. The analysis examines current and future costs and compensation differentials, including projections of all compensation and benefit increases. This analysis has been used nationwide for well over one thousand plans, and is a well-accepted model of calculation. The basic model of calculation is as follows: Total Compensation Differential between Retiring Employee and Replacement Employee Retirement Health Care Cost Retirement Incentive Cost Current Natural Attrition Future Loss in Natural Attrition �. Savings due to Non-Replacements o NET SAVINGS (COST) 4 Assumptions 2012 Retirements Eligibility Requirements Miscellaneous ACEA Employees: • Age 55 with 20 years of PERS service Employee Group NumberEligibletual Number of Retirements where Resignation from City employment effective: Employees • July 30, 2012 based Retirement under PERS effective: Miscellaneous ACEA 15 7 3 • July 31,2012 Benefit Level 7%of Final Pay Benefit Replacement Salary Miscellaneous ACEA:82.84%(Step 1) Proiected Fiscal Impact Annual Health Care Costs Active Employee: Retired Employee: $15,444 Annual $7,722 Annual Contribution contribution with twenty (20)years of City Service Replacement scenario of Projected Projected Positions savings in Savings over 3 Savings over S i Replaced Year 1 ji Years Years Health Care COLA 0.00% PERS Benefit Formula 2.0%@ 55 0%Replacement 0.00 $139,595 $416,022 7$707,380 PARS Plan Funding 5 year annuity funding through Pacific Life Insurance Less PARS cost for 4 Employees ($50,725) ($152,175) ($253,624) Replacement of Positions - No savings are assumed from non-replacement of Development Services Asst,Information Total Savings $88,870 $263,847 $453,756 Technology Analyst,Sr. Office Specialist and Account Specialist III',only a direct PARS cast - Transportation Supervisor,Sr.Office Specialist and Account Specialist III positions not replaced,savings due to non-replacements are realized The fiscal projections illustrated in the post-analysis are based on the actual demographics of the enrolled participants. After the close of the enrollment window, PARS performs a complete post- analysis utilizing the actual data from the enrolled participants to determine the fiscal impact of the plan. 2 3 J z; - I Cq((FORN�P t CONSENT ITEM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ROBERT NEIUBER, INTERIM HUMAN RESOURCES DIRECTOR' VIA: JAMES MAKSHANOFF,iCITY MANAGER DATE: JULY 16, 2012 SUBJECT: APPROVE SIDE LETTER AGREEMENT WITH AZUSA CITY EMPLOYEES ASSOCIATION THAT INCLUDES PERMANENT AND TEMPORARY COMPENSATION REDUCTIONS AND CONTINUES THEIR MEMORANDUM OF UNDERSTANDING UNTIL JUNE 30, 2013 RECOMMENDATION It is recommended that the City Council approve a side letter to the Azusa City Employees Association (ACEA) Memorandum of Understanding (MOU) that includes the following employee concessions: a permanent 5%contribution towards the"employer"cost of CalPERS retirement benefits;three(3)furlough days; suspension of the Tuition Reimbursement Program; suspension of employer paid Deferred Compensation; suspension of the Computer Loan Program; suspension of sick and vacation leave payout provisions; and continuation of the current MOU through June 30, 2013. BACKGROUND The ACEA and City staff have been in discussion and have agreed to a side letter that includes permanent and temporary compensation reductions and continues their MOU until June 30,2013. The ACEA has taken .this step in order to help the City address its current fiscal challenges. The side letter includes the following ACEA employee concessions: The employees agree to pay a permanent 5% contribution towards the "employer" cost of CalPERS retirement benefits; the employees agree to three (3) furlough days between the Christmas Day and New Years Day holidays during the remainder of the term of the MOU; The employees agreed to a temporary suspension of the Tuition Reimbursement Program during the remainder of the term of the MOU;the employees agreed to suspension of the employer paid Deferred Compensation during the remainder of the term of the MOU;the employees agreed to suspension of the Computer Loan Program during the remainder of the term of the MOU; and the employees agrees to suspension of sick and vacation leave payout provisions during the remainder of the term of the MOU. The side letter continues their current MOU through June 30, 2013. FISCAL IMPACT Finance estimates the General Fund savings of these changes to be approximately $118,000 for fiscal year 2012-13 and the overall savings to all funds to be approximately $204,000. This savings was not calculated into the Fiscal Year 2012-2013 Budget projections previously provided to the Council. . Attachments Resolution Side letter SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF AZUSA AND AZUSA CITY EMPLOYEES ASSOCIATION REGARDING THE CONTINUATION OF THEIR CURRENT MOU THROUGH JUNE 30, 2013 WITH CERTAIN AGREED TO CHANGES The City of Azusa ("City") and the Azusa City Employees Association ("ACEA") have a Memorandum of Understanding ("MOU") that commenced on July 1, 2010 and was set to end on June 30, 2011. The Parties now wish to enter into this Side Letter of Agreement to memorialize the following changes agreed to by both sides: 1. Section 1. in the MOU shall be amended to read as follows: The term of this Memorandum of Understanding (MOU) shall commence July 1, 2010 and shall continue in full force and effect until June 30, 2013. 2. Section 20. in the MOU shall be amended to read as follows: The City shall continue its contract with the California Public Employees' Retirement System (CaIPERS) 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. Effective the first full nay period after July 16, 2012, the employees agree to contribute 5% towards the "employer" share of the cost of the Ca1PERS retirement benefit. 3. Section 25. in the MOU shall be added to read as follows: 25. FURLOUGH The employees agree to three furlough days between the Christmas Day holiday and the New Years Day holiday as scheduled by the City. This will result in employees being placed in an authorized unpaid leave status Employees may use vacation, floating holidays compensatory time or remain in an unpaid leave during this furlough period. This addition to the MOU is effective July 16 2012 and ends on June 30, 2013. 4. Section 21. in the MOU shall be amended to read as follows: The employees agree to a temporary suspension of Tuition Reimbursement from Julv 16, 2012 to June 30, 2013. Employees who have beenutilizing the Tuition Reimbursement Program immediatelv prior to this suspension may continue to participate in the program. No new participants will be considered until the end of this suspension. 1 5. Section 11.4. in the MOU shall be amended to read as follows: The employees agree to a temporary- suspension of Deferred Compensation (Employer Paid) effective the first full pay period after July 16 2012 through the pay period that includes June 30, 2013. No employees will receive the $45 Employees. Paid benefit during this period. .6. '.Section 12. in the MOU shall be amended to read as follows: The employees agree to a temporary suspension of the Computer Loan Program from July 16, 2012 to June 30, 2013. All current loans and terms remain in place No new participants will be considered until the end of this suspension 7. Section 16.4. in the MOU shall be amended to read as follows: 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. A yearly evaluation period for the use of sick leave was established beginning on the first payday on or after January. At the end of the time period, the Finance Department will analyze and report to the various employees the amount of sick leave earned, less the amount used, and the net accrued during the calendar year. Employees agree that effective July 16 2012 through June 30 2013 the cash conversion found in Section 16.4.6.2 and the cash conversion found in Section 16.4.7.2 are temporarily suspended. No cash out of sick leave to current employees will be allowed during this temporary suspension. 8. Section 16.5.1 and 16.5.2 in the MOU shall be amended to read as follows: 16.5.1 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(%2) 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 the MOU; and future accrual which exceeds the aforementioned maximum, shall be paid to the employee as it is accrued. In special cases where it has not been possible, due to work load 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. Employees agree that effective the first full pay period after July 16 2012 through the pay period that includes June 30 2013 the automatic payment of Vacation accrual above the maximum accrual amount is temporarily suspended as well as the department head's authority to authorize cash payments in lieu of time off. 2 Employees may accrue above the maximum accrual cap during this temporary suspension. 16.5.2 Cash-In Policy An employee may convert into pay up to 50% of his or her annual vacation accrual. An employee may convert into pay accrued vacation_in excess of 50% of his or her annual accrual with the approval of the Department Head or City Manager Employees agree that effective July 16, 2012, through June 30 2013 the Cash-In Policy is temporarily suspended. The City Manager will consider requests from employees based on emergency situations and those requests will be weighed against the City's current financial situation. 9. Except as modified in this Side Letter of Agreement, the terms and conditions of the MOU shall remain in effect as provided therein. Signatures on next page FOR THE CITY: City Manager Dated: FOR THE AZUSA CITY EMPLOYEES ASSOCIATION: Dated: 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE JULY 16., 2012 SIDE LETTER AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING.BETWEEN THE CITY AND THE AZUSA CITY EMPLOYEES ASSOCIATION EFFECTIVE JULY 1,2010 THROUGH JUNE 30,2011 WHEREAS,the City Council acknowledges the Azusa City Employees Association as the recognized employee organization representing those personnel occupying the positions identified in the Memorandum of Understanding (MOU) between the City and the Azusa City Employees Association (ACEA), and WHEREAS,the ACEA and City Staff have met and agreed to a side letter agreement (Agreement) that includes permanent and temporary compensation reductions and continues their MOU until June 30, 2013, and WHEREAS,ACEA has taken this step to assist the City and during its current fiscal challenges, and WHEREAS, the Agreement outlining all aspects of this cost saving agreement between the City of Azusa and the ACEA, is attached. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Azusa does hereby approve the Agreement attached hereto and does direct the representatives of management to affix their signatures thereon. The City Clerk shall certify the passage of this Resolution. APPROVED AND PASSED this 16`h day of July, 2012. MAYOR OF THE CITY OF AZUSA I HEREBY CERTIFY that the foregoing Resolution wash duly passed by the City Council of the City of Azusa at a regular meeting thereof held on the 16` day of July, 2012. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK OF THE CITY OF AZUSA I CONSENT ITEM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ROBERT NEIUBER, INTERIM HUMAN RESOURCES DIRECTOR VIA: JAMES MAKSHANOFiB', CITY MANAGER DATE: JULY 16, 2012 SUBJECT: APPROVE SIDE LETTER AGREEMENT WITH AZUSA MIDDLE MANAGEMENT ASSOCIATION THAT INCLUDES PERMANENT . AND TEMPORARY COMPENSATION REDUCTIONS AND CONTINUES THEIR MEMORANDUM OF UNDERSTANDING UNTIL JULY 31, 2013 RECOMMENDATION It is recommended that the City Council approve a side letter to the Azusa Middle Management Association (AMMA) Memorandum of Understanding (MOU) that includes the following employee concessions: a permanent 5%contribution towards the"employer"cost of CaIPERS retirement benefits;three(3)furlough days; suspension of the Tuition Reimbursement Program; suspension of employer paid Deferred Compensation; suspension of the Computer Loan Program; suspension of sick and vacation leave payout provisions; and continuation of the current MOU through July 31, 2013. BACKGROUND The AMMA and City staff have been in discussion and have agreed to a side letter that includes permanent and temporary compensation reductions and continues their MOU until July 31, 2013. The AMMA has taken this step in order to help the City address its current fiscal challenges. The side letter includes the following AMMA employee concessions: The employees agree to pay a permanent 5% contribution towards the "employer" cost of Ca1PERS retirement benefits; the employees agree to three (3) furlough days between the Christmas Day and New Years Day holidays during the remainder of the term of the MOU; The employees agreed to a temporary suspension of the Tuition Reimbursement Program during the remainder of the term of the MOU;the employees agreed to suspension of the employer paid Deferred Compensation during the remainder of the term of the MOU; the employees e agreed to suspension of the Computer Loan Program during the remainder of the term of the MOU;and the employees agrees to suspension of sick and vacation leave payout provisions during the remainder of the term of the MOU. The side letter continues their current MOU through July 31, 2013. FISCAL IMPACT Finance estimates the General Fund savings of these changes to be approximately$33,500 for fiscal year 2012-13 and the overall savings to all funds to be approximately $134,000. This savings was not calculated into the Fiscal Year 2012-2013 Budget projections previously provided to the Council. Attachments Resolution Side letter RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE JULY 16, 2012 SIDE LETTER AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE AZUSA MIDDLE MANAGEMENT ASSOCIATION EFFECTIVE AUGUST 1, 2010 THROUGH JULY 31, 2011 WHEREAS, the City Council acknowledges the Azusa Middle Management Association as the recognized employee organization representing those personnel occupying the positions identified in the Memorandum of Understanding(MOU)between the City and the Azusa Middle Management Association (AMMA), and WHEREAS, the AMMA and City Staff have met and agreed to a side letter agreement (Agreement) that includes permanent and temporary compensation reductions and continues their MOU until July 31, 2013, and challenges, and WHEREAS,AMMA has taken this step to assist the City and during its current fiscal WHEREAS, the Agreement outlining all aspects of this cost saving agreement between the City of Azusa and the AMMA, is attached. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Azusa does hereby approve the Agreement attached hereto and does direct the representatives of management to affix their signatures thereon. The City Clerk shall certify the passage of this Resolution. APPROVED AND PASSED this 16''day of July, 2012. MAYOR OF THE CITY OF AZUSA I HEREBY CERTIFY that the foregoing Resolution was duly passed by the City Council of the City of Azusa at a regular meeting thereof held on the 16 day of July, 2012. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK OF THE CITY OF AZUSA SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF AZUSA AND AZUSA MIDDLE MANAGEMET ASSOCIATION REGARDING THE CONTINUATION OF THEIR CURRENT MOU THROUGH JULY 31, 2013 WITH CERTAIN AGREED TO CHANGES The City of Azusa ("City") and the Azusa Middle Management Association ("AMMA") have a Memorandum of Understanding ("MOU") that commenced on August 1, 2010 and was set to end on July 31, 2011. The Parties now wish to enter into this Side Letter of Agreement to memorialize the following changes agreed to by both sides: 1. Section 1. in the MOU shall be amended to read as follows: The term of this Memorandum of Understanding (MOU) shall commence August 1, 2010 and shall continue in full force and effect until July 31, 2013. 2. Section 19. in the MOU shall be amended to read as follows: The City shall continue its contract with the California Public Employees' Retirement System (CalPERS), at 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. Effective the first full nay period after July 16, 2012, the employees agree to contribute 5% towards the "employer" share of the cost of the Ca1PERS retirement benefit. 3. Section 22. in the MOU shall be added to read as follows: 22. FURLOUGH The employees agree to three furlough days between the Christmas Day holiday and the New Years Day holiday as scheduled by the City. This will result in employees being placed in an authorized unpaid leave status Employees may use vacation, floating holidays, administrative leave or remain in an unpaid leave during this furlough period. This addition to the MOU is effective July 16 2012 and ends on July 31, 2013. 4. Section 20. in the MOU shall be amended to read as follows: The employees agree to a temporary suspension of Tuition Reimbursement from July 16, 2012 to July 31, 2013. Employees who have been utilizing the Tuition Reimbursement Program immediately prior to this suspension may continue to participate in the program. No new participants will be considered until the end of this suspension. 5. Section 9.4. in the MOU shall be amended to read as follows: The employees agree to a temporary suspension of Deferred Compensation (City Paid) effective the first full nay period after July 16 2012 through the pay period that 1 includes July 31, 2013. No employees will receive the $150 City Paid benefit during this period. 6. Section 12. in the MOU shall be amended to read as follows: The employees agree to a temporary suspension of the Computer Loan Program from July 16, 2012 to July 31, 2013. All current loans and terms remain in place No new participants will be considered until the end of this suspension 7. Section 11.5. in the MOU shall be amended to read as follows: 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. Employees agree that effective July 16 2012 through July 31, 2013, the wellness bonus found in Section 11.5.2. the cash conversion found in Section 11.5.3.2 and the cash conversion found in Section 115.4.2 are temporarily suspended. No cash out of sick leave to current employees will be allowed during this temporary suspension. Employees may accrue above the 960 hour sick leave accrual cap during this temporary suspension. 8. Section 11.6.1 and 11.6.2 in the MOU shall be amended to read as follows: 11.6.1. Required Usage and Carryover Leave will be credited on a "per-pay-period" basis. Employees shall be required to use one-half ('/z) of their annual Vacation accrual yearly. Employees shall be able to carry over Vacation accrual from one year to the next, cumulatively, up to a maximum of seventy-eight (78) times the then-current pay period rate of Vacation accrual. Future accrual which exceeds the aforementioned maximum, shall be paid to the employee as it is accrued. Employees agree that effective the first full pay period after July 16 2012 through the pay period that includes July 31 2013 the automatic payment of Vacation accrual above the maximum accrual amount is temporarily suspended Employees may accrue above the maximum accrual cap during this temporary suspension Commencing on August 1, 2010, if the employee's balance is at or above the maximum, any accrual in excess of the maximum shall be paid as earned. In special cases where it has not been possible, due to work load or other factors, for the employee to use his or her Vacation before reaching a maximum, it shall be within the department head's authority to authorize cash payment in lieu of time off. Employees agree that effective the first full pay period after Julv 16, 2012 through the pay period that includes Julv 31 2013, the automatic payment of Vacation accrual above the maximum accrual amount is temporarily suspended as well as the department head's authority to authorize cash payments in lieu of time off. Employees may accrue above the maximum accrual cap during this temporary suspension. 2 - - J 11.6.2. Cash-In Policy Employees covered by this Memorandum of Understanding may convert Vacation time to cash with administrative approval. Employees agree that effective July 16, 2012, through July 31, 2013, the Cash-In Policy is temporarily suspended. The City Manager will consider requests from employees based on emergency situations and those requests will be weighed against the City's current financial situation. 9. Except as modified in this Side Letter of Agreement, the terns and conditions of the MOU shall remain in effect as provided therein. Signatures on next page FOR THE CITY: City Manager Dated: FOR THE AZUSA MIDDLE MANAGEMENT ASSOCIATION: Dated: 3 DOW U. 1_1 11,10 - - - cqt>foaxP CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT NEIUBER, INTERIM DIRECTOR OF HUMAN RESOURCE VIA: JAMES MAKSHANOF,VCITY MANAGER DATE: JULY 16, 2012 SUBJECT: AMENDMENT TO RESOLUTION 00-C140 AND 01-C4 ESTABLISHING COMPENSATION AND BENEFITS FOR NON-CLASSIFIED EMPLOYEES AND ELECTED AND APPOINTED OFFICIALS AND AMENDMENT REDUCING THE EMPLOYER PAID MEMBER CONTRIBUTION FOR CALPERS ELIGIBLE PART-TIME EMPLOYEES RECOMMENDATION It is recommended that the City Council adopt the attached resolutions authorizing the amendment to Resolution 00-C140 and 01-C4 and reducing the employer paid member contribution for eligible part-time Non-Classified Employees and Elected and Appointed Officials. The only change from current benefits being an amendment to the Benefits Section, making CalPERS eligible part-time employees pay 5% of their "employee"portion of CalPERS retirement benefit costs. BACKGROUND The City has a similar concession from Executives, the Azusa City Employees Association and the Azusa Middle Management Association Personnel to pay 5% of the "employers" portion of CalPERS retirement benefit costs. Staff is asking the City Council to approve a similar concession from part-time employees except that they would be paying 5% of their "employee" portion of CalPERS if they meet the eligibility requirement to participate in the CalPERS program. All other current benefits remain unchanged. FISCAL IMPACT Finance estimates the General Fund savings of these changes to be approximately$29,000 for fiscal year 2012-13 and the overall savings to all funds to be approximately$39,000. This savings was not calculated into the Fiscal Year 2012-2013 Budget projections previously provided to the Council. Attachments Resolution adopting changes to benefits Resolution adopting employer paid member contribution for eligible part-time employees RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING RESOLUTION 00-C140 AND 01-C4 WHICH SET FORTH COMPENSATION AND BENEFITS OF NON- CLASSIFIED EMPLOYEES AND ELECTED AND APPOINTED OFFICIALS OF THE CITY OF AZUSA WHEREAS, Compensation and benefits covering the Non-Classified Employees and Elected and Appointed Officials are set forth in Resolution 00-C140 and 01-C4, it is appropriate t6 amend Resolution 00-C140 and 01-C4 as follows: SECTION 1. Benefits Elected Officials, Assigned Positions, Appointed Boards and Commissions, and Non- represented, non-classified part-time positions shall receive benefits as indicated in the attached document. SECTION 2. All Resolutions in conflict here within are hereby rescinded. SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book original resolutions. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa does hereby approve the Agreement attached hereto and does direct the representatives of management to affix their signatures thereon. The City Clerk shall certify the passage of this Resolution. APPROVED AND PASSED this 16'h day of July, 2012. MAYOR OF THE CITY OF AZUSA I HEREBY CERTIFY that the foregoing Resolution wag duly passed by the City Council of the City of Azusa at a regular meeting thereof held on the 16 day of July, 2012. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK OF THE CITY OF AZUSA i RESOLUTION NO. 4/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, FOR EMPLOYER PAID MEMBER CONTRIBUTIONS WHEREAS, the governing body of the City of Azusa has the authority to implement Government Code Section 20691; WHEREAS, the governing body of the City of Azusa has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer; WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the governing body of the City of Azusa of a Resolution to commence said Employer Paid Member Contributions (EPMC); WHEREAS, the governing body of the City of Azusa has identified the following conditions for the purpose of its election to pay EPMC: • This benefit shall apply to all employees of the 'Part-Time Non-Classified Employees and Elected and Appointed Officials" Category that qualify for this benefit. • This benefit shall consist of paying 2% of the normal miscellaneous member contributions and 4% of the normal sworn member contributions as EPMC. • The effective date of the Resolution shall be July 22, 2012. NOW THEREFORE BE IT RESOLVED that the governing body of the City of Azusa elects to pay EPMC, as set forth above. ADOPTED AND APPROVED this 16th day of July, 2012. MAYOR OF THE CITY OF AZUSA I HEREBY CERTIFY that the foregoing Resolution wash duly passed by the City Council of the City of Azusa at a regular meeting thereof held on the 16t day of July, 2012. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK OF THE CITY OF AZUSA BENEFITS (Effective 7-17-2012) 1. ELECTED OFFICIALS--BENEFITS 1.1 Flexible Benefit Plan All elected officials shall be entitled to the same flexible benefit plan and insurance coverage as executive management employees. Any remaining money maybe deferred to one of the City's deferred compensation plans, not to exceed IRS limits. 1.2 Health Insurance During Retirement See attached Best Best & Krieger LLP legal opinion dated July 30, 2002, 1.3 Vehicle Allowance The Mayor and Council Members shall receive three hundred fifty dollars($350.00)per month as a vehicle allowance. Employees can take a City vehicle home when it must be used either before or after the commute for attendance at a meeting or other City-related function, or for the purpose of making the employee available for emergency response. 2. PART-TIME EMPLOYEES --BENEFITS 2.1 Eligibility for Public Employees' Retirement System Benefit Employees who work less than an average of less than twenty hours per week in a fiscal year shall be enrolled in the Public Agency Retirement System. The City contributes 3.75%of the employee's wages and the employee contributes 3.75% of wages for this plan. Any part-time non-classified employee who works in excess of one thousand(1,000)hours in the fiscal year and who qualifies as defined by the California Public Employees'Retirement System(CaIPERS)shall have his/her contribution to the CaIPERS paid by the City. Effective the first full pay period after July 16,2012,all part-time employees eligible and covered under Cal PERS must contribute 5%towards the"employer"share of the cost of the CaIPERS retirement benefit. 2.2. Holiday Pay Part-time, Non-classified employees shall be entitled to time off with pay on holidays as follows: Part-Time Non-classified employees shall be entitled to time off with pay on City-observed holidays. The number of hours of Holiday Pay'shall be equal to the employee's average number of hours per day"on the payroll"during the five pay periods that immediately precede the holiday. Holidays observed shall be those Designated Holidays as outlined in the City's Memoranda of Understanding provided the employee is.on the payroll the day before the holiday or the day after. 2.3. Overtime Pay A part-time employee shall be entitled to premium pay for all hours worked in excess of forty (40) hours within the employee's regular work week. Paid holiday hours shall count towards the 40 hours required. In compliance with FLSA, the minimum timekeeping interval shall be fifteen 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. 2.4. Special Assignment Pay 2.4.1. Reserve Officers When so assigned by the Chief of Police or his designee, a Reserve Officer that works on a special detail,such as the type where the City is reimbursed by an outside organization,shall receive$20.00 per hour in lieu of his or her hourly basic pay. Page 1 of 2 PTT - 2.4.2. Motor Officers In addition to hourly basic pay, a part-time employee assigned the duties of motor officer by the Chief of Police or his designee, shall receive five percent(5%)of the base hourly rate of pay. 2.5. Bilingual Pay In addition to hourly basic pay, the City shall pay an incentive to personnel demonstrating a proficiency in a major foreign language if they are assigned and required to speak and translate the language in performance of their duties. Such additional payment is conditional upon demonstration of language proficiency by a qualified third-party examiner mutually agreed upon by both the City and the employee unit representing a comparable full-time position. Such additional payment is contingent upon ongoing performance of said duties and shall be discontinued or suspended if the employee is reassigned to duties that do not require foreign language proficiency. The incentive shall be 5% of base hourly rate. 2.6. Part-time Leave Qualified Part-Time employees(those who consistently work 32 or more hours perweek)shall accrue Part-Time Leave on a pay period by pay period basis. Part-Time Leave shall be identified by the code ,PTL,, and can be used to receive pay for any bona-fide absence from the work place, be it due to illness, vacation, personal reasons or otherwise. When PTL is used for sick leave purposes, guidelines as outlined in the Memorandum of Understanding between the City and The Azusa City Employees Association will prevail. Requests for all other leave must be pre-approved by the department head (or designee). Employees who are appointed to temporary assignments do not qualify for this benefit. PTL shall not be used for absence due to an injury sustained on the job, either at the City of Azusa or elsewhere. Accrual of PTL shall be predicated upon a 10-week "look back period.,, To qualify to receive a pay period PTL accrual, the employee must be a part-time employee who has been ,on the payroll,, for the entire ten(10)weeks in the ,look back period,,, and must have been paid for at least three-hundred twenty(320)hours during the ,look back period.,, Compensatory Time, PTL, Overtime(at 1.0 times the number of hours worked), and any similar existing or future pay types shall count towards the hours requirement. Accrual of PTL shall not begin before completion of the tenth (10th)week of employment. The amount of PTL accrual per pay period shall be the pro-rata portion of the City,s standard sick leave accrual for a full-time employee that the employee,s pay period hours represent when compared to full time work. The accrual shall be determined by multiplying 4.6154 hours by a fraction, the numerator of which is the hours during the pay period for which the employee will be paid[Compensatory Time,PTL,Overtime(at 1.0 times the number of hours worked), and any similar existing or future pay types, but not more than 80 hours] and the denominator of which is 80 hours. The accrual of PTL by an employee shall not be construed to ensure property rights of any kind, including but not limited to the cash value of the accrued leave. Likewise, employees shall not be eligible to receive any type of intermediate cash-out or payoff of PTL upon termination. If a part-time employee is promoted to a full-time employee, any accrued unused PTL as of the effective date of the promotion will remain ,on the books,, and will be available for normal use by the full-time employee on an hour-for- hour basis. Page 2 of 2 r , (J! u• CONSENT ITEM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ROBERT NEIUBER, INTERIM HUMAN RESOURCES DIRECTOR VIA: JAMES MAKSHANOF , CITY MANAGER DATE: JULY 16, 2012 SUBJECT: APPROVE SIDE LETTER AGREEMENT WITH THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL THAT INCLUDES PERMANENT AND TEMPORARY COMPENSATION REDUCTIONS AND CONTINUES THEIR MEMORANDUM OF UNDERSTANDING UNTIL JULY 31, 2013 RECOMMENDATION It is recommended that the City Council approve a side letter to the Civilian Association of Police Personnel (CAPP) Memorandum of Understanding (MOU) that includes the following employee concessions: a permanent 5%contribution towards the"employer"cost of CalPERS retirement benefits;three(3)furlough days; suspension of the Tuition Reimbursement Program; suspension of employer paid Deferred Compensation; suspension of the Computer Loan Program; suspension of sick and vacation leave payout provisions; and continuation of the current MOU through July 31, 2013. BACKGROUND The CAPP and City staff have been in discussion and have agreed to a side letter that includes permanent and temporary compensation reductions and continues their MOU until July 31,2013. The CAPP has taken this step in order to help the City address its current fiscal challenges. The side letter includes the following CAPP employee concessions:The employees agree to pay a permanent 5%contribution towards the"employer"cost of Ca1PERS retirement benefits;the employees agree to three (3) furlough days during the remainder of the term of the MOU; The employees agreed to a temporary suspension of the Tuition Reimbursement Program during the remainder of the term of the MOU; the employees agreed to suspension of the employer paid Deferred Compensation during the remainder of the term of the MOU;the employees agreed to suspension of the Computer Loan Program during the remainder of the term of the MOU; and the employees agrees to suspension of sick and vacation leave payout provisions during the remainder of the term of the MOU. The side letter continues their current MOU through July 31, 2013. FISCAL IMPACT Finance estimates the General Fund savings of these changes to be approximately$71,000 for fiscal year 2012-13 and the overall savings to all funds to be approximately$71,000. This savings was not calculated into the Fiscal Year 2012-2013 Budget projections previously provided to the Council. Attachments Resolution Side letter RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE JULY 16, 2012 SIDE LETTER AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CIV LLkN ASSOCIATION OF POLICE PERSONNEL EFFECTIVE AUGUST 1, 201;1 THROUGH JULY 31, 2012 WHEREAS,the City Council acknowledges Civilian Association of Police Personnel as the recognized employee organization representing those personnel occupying the positions identified in the Memorandum of Understanding (MOU) between the City and the Civilian Association of Police Personnel (CAPP), and WHEREAS,the CAPP and City Staff have met and agreed to a side letter agreement (Agreement) that includes permanent and temporary compensation reductions and continues their MOU until July 31, 2013, and WHEREAS, CAPP has taken this step to assist the City and during its current fiscal challenges, and WHEREAS, the Agreement outlining all aspects of this cost saving agreement between the City of Azusa and the CAPP, is attached. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Azusa does hereby approve the Agreement attached hereto and does direct .the representatives of management to affix their signatures thereon. The City Clerk shall certify the passage of this Resolution. APPROVED AND PASSED this 16'h day of July, 2012. MAYOR OF THE CITY OF AZUSA I HEREBY CERTIFY that the foregoing Resolution wash duly passed by the City Council of the City of Azusa at a regular meeting thereof held on the 16 day of July, 2012. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK OF THE CITY OF AZUSA �. Tv SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF AZUSA AND CIVILIAN ASSOCIATION OF POLICE PERSONNEL REGARDING THE CONTINUATION OF THEIR CURRENT MOU THROUGH JULY 31, 2013 WITH CERTAIN AGREED TO CHANGES The City of Azusa ("City") and the Civilian Association of Police Personnel ("CAPP") have a Memorandum of Understanding ("MOU") that commenced on August 1, 2011 and was set to end on July 31, 2012. The Parties now wish to enter into this Side Letter of Agreement to memorialize the following changes agreed to by both sides: 1. Section 1. in the MOU shall be amended to read as follows: The term of this Memorandum of Understanding (MOU) shall commence August 1, 2012 and shall continue in full force and effect until July 31, 2013. 2. Section 21. in the MOU shall be amended to read as follows: t The City shall continue its contract with the California Public Employees' Retirement System (CalPERS), 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. Effective August 1, 2012, the employees agree to contribute 5% towards the "employer" share of the cost of the Ca1PERS retirement benefit. 3. Section 26. in the MOU shall be added to read as follows: 26. FURLOUGH The emplovees agree to three furlough days between August 1 2012 and July 31 2013. The employees may schedule these days at their discretion with the Approval of their supervisor. Should an employee not schedule their furlough days by March 1, 2013, their supervisor may then schedule the days so that all three have been scheduled and occur prior to the end of the term of this provision This will result in employees being placed in an authorized unpaid leave status Employees may use vacation floating holidays comp time or remain in an unpaid leave during this furlough period This Section shall not apply to bargaining unit employees employed as dispatchers. This addition to the MOU is effective August 1. 2012 and ends on July 31, 2013. 4. Section 22. in the MOU shall be amended to read as follows: The employees agree to a temporary suspension of Tuition Reimbursement from August 1, 2012 to July 31, 2013. The City agrees that Rose Rodriguez and Tritia Divens the two employees identified by the Association as current and interested participants respectively may participate in the program No additional current or new participants will be allowed to participate in the Tuition Reimbursement Program until the end of this suspension. 1 r 5. Section 12.4. in the MOU shall be amended to read as follows: 1 The employeesgree to a temporary suspension of Deferred Compensation (Employer Paid) effective the first full pay period after August 1, 2012 through the pay period that includes July 31, 2013. No employees will receive the $45 City Paid `benefit during this period. 6. Section 13. in the MOU shall be amended to read as follows: The employees agree to a temporary suspension of the Computer and Home Exercise Equipment Loan Plan from August 1, 2012 to July 31. 2013. All current loans and terms remain in place. No new participants will be considered until the end of this suspension. 7. Section 17.4. in the MOU shall be amended to read as follows: 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. Employees agree that effective August 1, 2012, through July 31, 2013 the cash conversion found in Section 17.4.5.2 and the cash conversion found in Section 17.4.6.2 are temporarily suspended. No cash out of sick leave to current employees will be allowed during this temporary suspension. This provision does not prohibit the ability to convert sick to vacation as allowed in these sections. 8. Section 17.5.1 and 17.5.2 in the MOU shall be amended to read as follows: 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('h) 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 it is accrued. In special cases where it has not been possible, due to work load 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 2 lieu of time off. Employees agree that effective the first full pay'period after August 1 2012 through the pay period that includes July 31 2013 the automatic payment of Vacation accrual above the maximum accrual amount is temporarily suspended as well as the department head's authority to authorize cash payments in lieu of time off. Employees may accrue above the maximum accrual cap during this temporary suspension. 17.5.2 Cash-In Policy All employees shall be allowed to cash in one-half('/z) of the annual vacation accrual per year in lieu of carrying it over Employees agree that effective August 1, 2012, through July 31, 2013, the Cash-In Policy is temporarily suspended The City Manager will consider requests from employees based on emergency situations and those requests will be weighed against the City's current financial situation. 9. Except as modified in this Side Letter of Agreement, the terms and conditions of the MOU shall remain in effect as provided therein. Signatures on next page FOR THE CITY: City Manager Dated: FOR THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL: CAPP President, Esther Gutierrez CAPP Negotiating Member, Kelli McMath CAPP Negotiating Member, Cathy Contreras Dated: 3 WARRANT REGISTER NO. WARRANTS DATED 6/01/12 THROUGH 6/30/12F1 CAL YEAR 2011-12 FOR REDEVELOPMENT AGENCY MEETING OF 7/16/12 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 by law 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 - 9.049.76 80-.125-CBD CAPITAL PROJECTS FUND - 7,804 98 80-135-WED CAPITAL PROJECTS FUND 80-185-RANCH CAPITAL PROJECTS FUND 80-165-624-2008A TAX ALLOCATION BONDS 81-155-TAX INCREMENT SET-ASIDE FUND 81-165-LM MRG TAB08B HS 82-125-CBD DEBT SERVICE FUND' 82-135-WED DEBT SERVICE FUND 82-165-MERGED PROJECT TAX ALLOCATION BONDS 82-185-RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: 16.854.74 SECTION 2. That the Secretary shall certify to the adaption of this resolution and shall deliver a certified copy thereof to the Agency Treasurer and shall Main a certified copy thereof in his own records. ADOPTED AND APPROVED THIS DAY OF 2012. Chairman 11IEREBY 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 2012. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary City of Azusa HP 9000 07/11/12 O P E N H O L D D B LISTING / P�x� N]EI5 J[Ji 11, 2012, 11:53 PM ---req: M-W------_leg: GL JL---loc: BI-'ID�-I---jcb: 897400 #J235-�pgn X400<1.344> 1pt id: CHFLTP02 SE= FUND ODdes: 80-83 ; CYec'k Issue Dates: 060112-063012 PE ID PE Nare ACCnCLVP N1vEER / ,JOB NCNEER Invoice NCad= Description St Disc. Part. Dist. Art. V11440 ADJPNPPLE GRUP, 8000000000-2724 70910 FLEX ALMIN FEES/ FD 0.00 4.16 PEIDd: 0.00 d: 4.16 Tbtal: 4.16 V05613 AT&T 8010110000-6915 6263345464052412 626-3345464 FD 0.00 6.35 PEID U-paid: 0.00 Paid: 6.35 Total: 6.35 V00365 AZJSA LIGIT & 4A 8010110000-6904 0030824301060512 SW1628N SAN GAB PD 0.00 36.26 V00365 AGFA LIGTU & DA 8010110000-6904 0030871300060512 SSVVCL___/617N SAN CSB F9, 0.00 109.52 V00365 AZLFA LSG3rr & ➢,A 8010110000-6904 0080643301052912 SVC 229S AZCSA A FD 0.00 417.03 V00365 AZLSA LIGHT & NA 8010110000-6904 0030846301060512 S /628N SAN GB FD 0.00 189.45 V00365 A7XA LIGE & WA 8010110000-6904 0030437304060512 SVS 812N AaJSA PD 0.00 78.02 V00365 AZOSA LIN A' & VA 8010110000-6904 0080643301060712 SW1229S AZLLSA A FD 0.00 452.30 PEID U]Md: 0.00 Paid: 1,282.58 Total: 1,282.58 V05804 BEST BEST & KZIE 8010125000-6301 678616 678616 invoice d PD 0.00 4,497.00 VOS804 BEST BEST & XM 8010125000-6301 676594 45635.08001M_1M PD 0.00 434.68 PEID thrid: 0.00 Paid: 4,931.68 'Ibtal: 4,931.68 V07650 E & L LAM= 8010125000-6815 0031997 003-1997 invoice PD 1 0.00 1,350.00 P=) dd: 0.00 : 1,350.00 Total: 1,350.00 V00331 FECFRAL EXPRESS 8010125000-6625 792283504 117052788/M.M4U FD 0.00 34.77 PEID Uipid: 0.00 Paid: 34.77 Tbtal: 34.77 City of Azusa HP 9000 07/11/12 O P E N H O L D D B LISTING By Peri/Entity NaTe Pane 2 WM, JUL 11, 2012, 11:53 AM ---req: RUBY-------leg: CL JL---lcn: BI-TM4---job: 897400 #J235----p9m: CFAOO <1.34> zpt id: CHMIR02 SELECT FLND Ctd--S: 80-83 ; Check Issue Dates: 060112-063012 PE ID PE Nacre ACLI7CNP NUMBER / JCB MJvE E2 Invoioe Nxrber Description St Disc. Ant. Dist. Part. V01646 HDL CCRDV & ME 8010110000-6493 00179961N FY 2011/2012 FRD FD 0.00 2,700.00 V01646 HDL CMEN & = 8010110000-6493 0019390IN FY 2011/2012 FRO PD 0.00 4,828.64 PEID LhAV: 0.00 Paid: 7,528.64 Total: 7,528.64 V05574 UKN MJ-k AIN RE 8010110000-6493 FH37889FRT7896 FHT7889-FH37896 FD 0.00 144.06 PEID Unpaid; 0.00 Paid: 144.06 Total: 144.06 V06572 NATIONAL CaISTRU 8010125000-6815 3420117 716-728N DAL7CN PD 0.00 262.44 V06572 N CIPL IRU 8010125000-6815 3437388 SW/716-728N DAL FD 0.00 262.44 V06572 NATIClVP L Oa\E;M 8010125000-6815 3430402 /858N AZ-FA PD 0.00 830.64 PEID d: 0.00 Paid: 1,355.52 Total: 1,355.52 V08056 SIAL INSURAN 8000000000-2725 052612L LIFE FREWJUNE20 PD 0.00 15.27 V08056 SLUG ARJ INSURAN 8000000000-3044 052612 DI54B FFY2�f�M JINE2 FD 0.00 49.53 PEID 0.00 Paid: 64.80 Total: 64.80 V00388 VERIZCN 8010110000-6915 6261975078052812 626-1975078 PD 0.00 19.17 V00388 VEE2I71N 8010125000-6915 6268150706051612 626-8150706 FD 0.00 133.01 MID U1)ai 0.00 Paid: 152.18 Total: 152.18 GRAND TOTAL d: 0.00 d: 16,854.74 Total: 16,854.74 11. i3. L.' SUCCESSOR AGENCY AGENDA ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD FROM: KURT E. CHRISTIANSEN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: JAMES W. MAKSHANOFF, CITY MANAGER DATE: JULY 16, 2012 SUBJECT: RECOGNIZED OBLIGATION PAYMENT SCHEDULE — JANUARY 2013 THROUGH JUNE 2013 RECOMMENDATION That the Successor Agency Board adopt the attached Resolution, approving and adopting the "Recognized Obligation Payment Schedule" for the period of January 2013 through June 2013 pursuant to AB 1X 26. BACKGROUND The Successor Agency of the former Redevelopment Agency of the City of Azusa ("Agency") is required to prepare a"Recognized Obligation Payment Schedule" ("ROPS")for the period of January 2013 through June 2013 so that the Agency may continue to meet the it's enforceable obligations as required by Health and Safety Code section 34169. DISCUSSION The Agency is required to adopt a ROPS setting forth the nature and amount of all existing Agency recognized obligations(as defined in the law). Each ROPS reflects a six-month interval of obligations and includes the anticipated source of funding. A new ROPS is required to be approved and adopted for every subsequent six-month period. The obligations of the Agency may include the following: bonds; loans legally required to be repaid pursuant to a payment schedule with mandatory repayment terms; payments required by the federal government, preexisting obligations to the state or obligations imposed by state law; judgments, settlements or binding arbitration decisions that bind the agency; legally binding and enforceable agreements or contracts; and contracts or agreements necessary for the continued administration or operation of the agency,including agreements to purchase or rent office space,equipment and supplies. With the passage of trailer bill AB 1484, the Agency is allowed to include reserves on the ROPS to cover the anticipated shortfall for its obligations in the subsequent six-month. The attached Agency Resolution adopts the ROPS, setting forth the recognized obligations of the Agency and the amount of payments to be made for each obligation from January 1,2013 through June 30, 2013. FISCAL IMPACT No Agency funds are involved with the adoption of the schedule. The ROPS lists existing Agency obligations for the six-month period. Attachments: Resolution — Successor Agency of the former Redevelopment Agency of the City of Azusa Adopting a Recognized Obligation Payment Schedule-January 2013 to June 2013 Exhibit A—ROPS, January 2013 through June 2013 4 9 RESOLUTION NO. A RESOLUTION OF THE SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING AND ADOPTING , THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JANUARY 2013 THROUGH JUNE 2013 PURSUANT TO AB 1X 26 WHEREAS, Health and Safety Code Section 34169(h), enacted by AB 1X 26, requires successor agencies to prepare a Recognized Obligation Payment Schedule ("ROPS") every six- month period. WHEREAS,because the Successor Agency of the former Redevelopment Agency of the City of Azusa ("Agency") previously adopted a ROPS, Resolution No. 12-R14, dated April 2, 2012, is operative only through December 31, 2012, so that the Agency may continue to meet the Agency's recognized obligations, and NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the Agency as follows: Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. Approval of Amended ROPS. The Agency hereby approves and adopts the ROPS, in substantially the form attached to this Resolution as Exhibit A, so that the Agency may continue to meet its recognized obligations, all as required by Health and Safety Code section 34169, during the time period from January 1, 2013 through June 30, 2013. The Agency reserves the right to further amend the ROPS in the future to make the ROPS more accurate. Section 3. Certification. The Agency Secretary shall certify to the adoption of this Resolution. Section 4. Effective Date. This Resolution shall become effective upon its adoption. PASSED AND ADOPTED at a regular meeting of the Successor Agency of the City of Azusa on the 16th day of July 2012 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Chair ATTEST: Secretary EXHIBIT A REVISED RECOGNIZED OBLIGATION PAYMENT SCHEDULE-CONSOLIDATED FILED FOR THE JANUARY 2013 to JUNE 2013 PERIOD Name of Successor Agency FORMER REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Current Total Outstanding Total Due Debt or Obligation During Fiscal Year Outstandins Debt or Obligation $ 70,867,463 $ 5,547,901 Total Due for Six Month Period Outstanding Debt or Obligation $ 5,547,901 Available Revenues other than anticipated funding from RPTTF $ _ Enforceable Obligations paid with RPTTF $ 5,386,311 Administrative Cost paid with RPTTF $ 161,590 Pass-through Payments paid with RPTTF $ 0dminstratiVe Allowance(greater of 3%of anticipated Funding from RPTTF or 250.000.Note:Calculation should not in elude pass-through payments made vnth RPTTF. The RPTTF Administrative Cost figure above should not exceed this dministraliw Cost Allowance figure) $ 161,590 Certification of Oversight Board Chairman: Pursuant to Section 34177(1)of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Name Title Enforceable Payment Schedule for the above named agency. Signature Date 1 of 4 EXHIBIT A REVISED Name of Redevelopment Agency: City of Azgaa Radmetopment Agenc, PmjeolArea(s) Merged Cental Bus men DIMtld 6 West End Pm ad Nee RECOGNIZED OBLIGATION PAYMENT SCHEDULE 7/16/2012 Per AB 26•Section Sam FOR THE SECOND SIX MONTHS OF FISCAL YEAR 2011-2013 Total Outstanding Total Due During P. onto by m.M Pmjed Nama/Debi OMl exon Pa a Dencd ton Debt Obligation Period i Jan 2013 Feb Mer Apr Ma Jun 2013 Total So..of Pa enl 1 Tax X1oca0on Bonds Bond Holders 2008 Serle,A Mar ed T.A.Bonds S 6,465,000 § 411,050 S 244,050 S S E - S 5 S 24/.050 Redeve emP Tex Tvel FUM RPTfF 3 Tex Allocation Bonds Bond Holders Mered T.A.Refundin Bontls 7880000 15),42] 15]42] - - 15),42] RPTTF 3 Tax Nbrafion Banda Bond Holders 2005M as T.A.Bonds 9429889 1)4,)12 1]4,]12 - Al)12 RPTTF 4 Light Fund Advanor Light and Water Advance/5n] 45 Foo8113Imers Site 1,213,209 72.793 - - - ]2)93 )2,]93 RPTTF 5 Light Fund Advenm Lightantl Water Ci Adv/AutatledersM 5,202610 27313] - 2]3,13) 2]3,13] RPTTF 6 Water Fund Advance LI Mend Water Ci Ad,A 1 M21 N.Azusa Tally Bid 199,]85 21,268 ffl� 21.268 21260 RPTTF ] ReimdA nement Ci of Azusa RelmbA Imi(2003 ReNndin LOP', 270§,000 359.650 359650 - - !372.104 RPTTF 0 .0mum BontlsBond Hdden 2008 Sense B Housin T.A.Bontls 109]5000 3]4.104 3]2 IN - - RPTTF 9 Tex Alloratlon Bond. Bond Hdden 2007 Beggs A Tax Allocation Bonds 14280,000 41],62] 41),62] RPTTF 10 Tax AOowdon Bonds Bontl Hdden 2007 Sada.B Tax MI.Mgn Bonds 4,450000 112,084 112084 - RPTTF Arbme,Com lance Arriba eCom ianoe5 eclelists Atbita a cdculabon for Bonds 6100 ]75 - T/5 RPTTF 12 Pm TexConsul8n HDL Conn6Cone Tex Increment Audit Senicea 11000 5500 - 2,]50 RPTTF 13 consuls, Serd"s Lenge Shc6 Lu hard Audl Service. 16000 10.500 5250 - - RPTTF 14 Bambinos FFE Sambino's Pizoa Furniture FLHures SE ui mens Loan ],600 ],845 3,815 - - RPTTF 15 Contred Pumbase Order E 6 L Service. Meintaname of A enc Pro a 600 300 50 50 50 50 RPTTF 16 Legal Services-Pro.Adminlabes Oeat Bast 6 Kroger Redavdo ent LegalCounsd 180000 90000 15,000 15,000 IS,000 15000 15,000 15000 90,000 RPTTF 17 Consulting Servieea When Futures Bond Dietl.,.. 10,000 - - - - RPTTF 18 Bond Adrnmetrason WINIS FargoBank Tvstee Adminismeson Charge. 12,500 3,500 - - 3,500 3,500 RPTTF Tool,-This Page 11) 63,141383 2319,2]2 1861,799 15050 18 A5 15050 15.050 393]dB 2,319.4)4 Tosals-Pape 211) 3,f74,9tl4 1838,591 5,100 5,100 5,100 5100 6,]50 1'2'!! 1830,591 Tdda-ONer Oglgasona 0 0 0 0 0 0 of 0 0 Grand WW-At Pages S 88.319]25 S 4,157,863 5188],199 S 20,450 S 29,975 1 S 20,450 1 521800 51,300989 E1.15],B6J (1)omegas are enandaa 2 of EXHIBIT A REVISED Name d Radmolopment A9enry: Ciry of Aima R,davebpmum A,.-, From.Neale) Merged Comm'Sumuns clamor S M.Ertl Pb.Mee RECOGNIZED OBLIGATION PAYMENT SCHEDULE0711,112 Per AS 26-Section]Cin FOR THE SECOND SIX MONTHS OF FISCAL YEAR M12-2013 To Oulatantli�q Total Due Own9 Pe mb Ey mOnN Project Name/Oed OEYpatidn Pe D.somuan OeEI or Obligation P.-I(11 Feb Mar Aor, May I 1w 2013 Toni Source 01 Paymml 19 SERAF-FY 2010.11 L.. Lot ard Water FY 2010.11 SERAf Pe eM to State a 539466 16.164 - 16.184 16161 RPTTF 20 IMem bmeM 8,71,174 EDD Umm I.benefit mats b bane,ROA mo 112,050 33350 5,400 5,4p0 SAW 5,400 fi.]50 54W AIW RPTTF 21 Mallen Lee Pr'n(am LaaeHeNGeadm LI and We, Lo"od Income Hwaln advance B]J 611 238844 - 236.BL4 2]8,844 RPTTF 22 Admimovallve Alamlicn Ci &Azusa SuuecamA a Admni¢4alrve Albwlbn 121,103 121,103 - 23SS44 121 103 Admini¢balive Allowenro 23 Pv enl flenrvaliyl Ci c/Azusa Resawefor Ju 2013 Bond Cent Svm.and eco e. 1428,]10 1428.]10 1 42871 1.428710 RPTTF 25 26 2] 28 29 30 ]1 32 33 34 35 35 3] ]S Totals-THIe Pe0e 111 3 3,174,912 S 1838591 $ 5,400 $ 5.4001$ 54001$ 5.400 S 6,70 3 1810.241 S 1.038,591 111 Amounla ue a WmeNe ' 3 of EXHIBIT A REVISED Name of Redevelopment Agency Azusa Redevelopment Agenry Project Areapl RencM1 Center Project Area RECOGNIZED OBLIGATION PAYMENT SCHEDULE 01116112 Per AS 26-Section 74177 FOR THE SECOND SIX MONTHS OF FISCAL YEAR 2012-2017 Total Outstanding Total Due Dump Payments by ou n n Project Nem,l Debt Obligation Payee Desrzi Bon Debt or Ctli atknt Penotl(11 Jen 2015 Feb Mer Apr May Jun 2015 Told Sourceol Pe ment 1 City LBW Entearouse Loan Light and Water 2SYear Secured Nob-Revalvin S 24044,661 3 1,146,561 $ $ - $ 3 - $ - $ 1,116,581 $ 1.118561 RedevelopmentProTax Trust Fund RPTTF 2 CI LoeelDebt ONi Mion Bond Ci of Azusa 1990 APFA Bond C' Leese Loan Drawdown 2,211,144 176,892 - 176,892 178892 RPTTF J City LBW Enterprise Loan Light and Waler AdyancelReha1p®ta0on lanruvemente 242765 16994 - 16,994 16,994 RPTTF 4 SEW-FY 2010.11 Loon Light and Water FY 2010.11 SERAF Pament b State 9,081 9,081 - - - 9,081 9,081 RPTTF 5 Adminiwative Alloostl Cry of, uaa Successor Agency Administrative Alloc 40,487 10457 - - - 40A07 10.467 AtlminlmreOve Allowanw 6 0 0 6 e 9 0 0 0 11 0 12 0 15 0 4 0 1s 0 17 17 0 13 9 0 9 e 20 0 21 0 22 25 0 e 24 0 25 26 00 2] 0 28 0 29 0 Totals-This Page 3 1,516,158 E 1,]90.058 $ - S - S - S S 3 1,590,058 S 1]90,058 1 Totals-Other Obligations i - i - E S 3 i f $ $ •APa 1Grantl ta . , ,058 s 3 s Is f 3 1390,036 f 1,590053 111 Ampunb an e,6mrtO 1I 4 of 4` 6 i SUCCESSOR AGENCY AGENDA ITEM TO: CITY COUNCIL MEMBERS, ACTING AS SUCCESSOR AGENCY TO THE AZUSA REDEVELOPMENT AGENCY FROM: KURT E. CHRISTIANSEN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: JAMES MAKSHANOF , CITY MANAGER DATE: JULY 16, 2012 SUBJECT: A RESOLUTION OF THE CITY COUNCIL, AS THE SUCCESSOR AGENCY TO THE AZUSA REDEVELOPMENT AGENCY, RECOMMENDING THE TRANSFER- OF HOUSING ASSETS AND FUNCTIONS TO THE LOS ANGELES COUNTY HOUSING AUTHORITY PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 34176, 34177 AND 34181. RECOMMENDATION It is recommended that the City Council adopt a Resolution of the City Council of the City of Azusa, Serving as Successor Agency to the Azusa Redevelopment Agency, Recommending to the Oversight Board the Transfer of Certain Housing Assets and Functions of the Dissolved Redevelopment Agency to the Los Angeles County Housing Authority Pursuant to Health and Safety Code Sections 34176, 34177 and 34181. BACKGROUND Pursuant to Health and Safety Code section 34172, the Azusa Redevelopment Agency ("Agency") was dissolved as of February 1, 2012. The City of Azusa ("Successor Agency") is the successor agency of the Agency. The Oversight Board is responsible for approving the actions of the Successor Agency pursuant to Health and Safety Code section 34179. Pursuant to Health and Safety Code section 34176, the City of Azusa, as the entity that authorized the creation of the Agency, could elect to.retain the housing assets and functions of the Agency upon the Agency's dissolution. The City elected not to retain the housing assets and functions, and transferred them to the Los Angeles County Housing Authority ("Authority"), as provided in Resolution No. 12-C7, adopted on January 23, 2012. As such, all rights, powers, assets, liabilities, duties and obligations associated with the housing activities of the Agency, excluding any amounts in the Low and Moderate Income Housing Fund, were transferred to the Authority. Transfer of Housing Assets and Functions Pursuant to Health and Safety Code section 34177(8), the Successor Agency is required to effectuate the transfer of housing functions and assets to the appropriate entity designated pursuant to Health and Safety Code section 34176. Pursuant to Health and Safety Code section 34181(c), the Oversight Board must direct the Successor Agency to transfer housing responsibilities and all rights, powers, duties and obligations along with any amounts on deposit in the Low and Moderate Income Housing Fund to the appropriate entity pursuant to Health and Safety Code section 34176, in this case, the Authority. This Resolution of the City of Azusa, as the Successor Agency, recommends to the Oversight Board the transfer of certain housing assets and functions of the dissolved redevelopment agency to the Authority. Exhibit A to the Resolution provides a list of dissolved Agency housing assets to be considered by the Oversight Board for transfer by the Successor Agency to the Authority. Pursuant to Health and Safety Code section 34179(h), because the State of California Department of Finance may review Oversight Board actions, the Oversight Board's action to, direct the Successor Agency to transfer housing assets, responsibilities and all rights, powers, duties and obligations, is not effective for three business days, pending a request for review by the DOF. Attachments: 1. A Resolution of the City Council of the City of Azusa, Serving as Successor Agency to the Azusa Redevelopment Agency, Recommending to the Oversight Board the Transfer of Certain Housing Assets and Functions of the Dissolved Redevelopment Agency to the Los Angeles County Housing Authority Pursuant to Health and Safety Code Sections 34176, 34177 and 34181. ` Exhibit A AZUSA HOUSING ASSETS Atlantis Gardens Property 630 N Glenfinnan Ave. 8612-001-911 641 N Glenfinnan Ave. 8612-001-905 629 N Glenfinnan Ave. 8612-001-014 633 N Glenfinnan Ave. 8612-001-915 606 N Glenfinnan Ave. 8612-001-063 627 N. Cedarglen Dr. 8612-001-066 601 N. Cedarglen Dr. 8612-001-052 628 N. Cedarglen Dr. 8612-001-908 615 N. Cedarglen Dr. 8612-001-064 601 N. Cedarglen Dr. 8612-001-052 627 N. Cedarglen Dr. 8612-001-066 630 N. Cedarglen Dr. 8612-001-910 627 E Lime Ave. 8612-001-909 611 E Lime Ave. 8612-001-913 645 E Lime Ave. 8612-001-914 600 E. 6`h St. 8612-001-906 610 E. 6`h St. 8612-001-912 630 E. 6`' St. 8612-001-020 First Time Homebuver/Silent Second Program Loans Affordable Housing Agreements See attached sheet APPENDIX A SUMMARY OF AFFORDABILITY BY PROJECT(1978— rr• Project Owner/ Agreement Length of Number of Number of Name Rental Date Covenants Very-Low Low/Moderate _ Income Units 'Income Units t't Azusa Gardens Rental January 19, 1987 40-Yrs 23 Azusa Villas Senior A artments Rental Aril 19, 1993 30-Yrs 29 Azusa Villas Senior Apartments s Rental January 25, 2001 30-Yrs 80 Bowden—6 th &Alameda Owner February 8, 1994 30-Yrs 3 Crestview Pacific Glen Rental Janua 1, 1985 30-Yrs 64 Foothill Villages Owner June 30, 1993 30-Yrs 13 Heritage Owner June 7, 1994 30-Yrs 10 La Paloma Iris Gardens Rental E December 7, 1998 30-Yrs 120 Down Payment Assistance Program Owner Various 45-Yrs 7 Total Covenants 213 136 The total Low/Moderate Income covenants shown for Owner-occupied units are net of any covenants lost to home sales,bankruptcies or loan payoffs. The 23 covenants were designated as replacement housing for various Agency rojects and are therefore not credited against inclusionary housing requirements. The original 30 covenants resulted from an Agency agreement to fund certain off-site improvements for the project.The 80 units of Low/Moderate Income were a condition of a federal mubond. Oa reem ents.Subsequent Affordable Housing Agreements and covenants were executed with individual owners. r. RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, SERVING AS SUCCESSOR AGENCY TO THE AZUSA REDEVELOPMENT AGENCY, RECOMMENDING TO THE OVERSIGHT BOARD THE TRANSFER OF CERTAIN HOUSING ASSETS. AND FUNCTIONS OF THE DISSOLVED REDEVELOPMENT AGENCY TO THE LOS ANGELES COUNTY HOUSING AUTHORITY PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 34176, 34177 AND 34181 WHEREAS, pursuant to Health and Safety Code section 34173, the City of Azusa ("Successor Agency") is the successor agency to the dissolved Azusa Redevelopment Agency ("Agency"), confirmed by Resolution No. 12-C7 adopted on January 23, 2012; and WHEREAS, pursuant to Health and Safety Code section 34176, the City of Azusa, as the entity that authorized the creation of the Agency, elected not to retain the housing assets and functions previously performed by the Agency, and instead elected to transfer all rights, powers, assets, liabilities, duties and obligations associated with the housing activities of the Agency, excluding any amounts on deposit in the Low and Moderate Income Housing Fund, to the Los Angeles County Housing Authority ("Authority"), as provided in Resolution No. 12-C7 adopted on January 23, 2012; and WHEREAS, pursuant to Health and Safety Code section 34177(g), the Successor Agency is required to effectuate the transfer of housing functions and assets to the appropriate entity designated pursuant to Health and Safety Code section 34176; and WHEREAS, a list of all Agency housing assets recommended to be transferred by the Successor Agency to the Authority is attached to this Resolution as Exhibit A; and WHEREAS, none of the Agency housing assets being recommend for transfer from the Successor Agency to the Authority have been pledged to pay for bonded indebtedness, and therefore the Successor Agency is not required to maintain control of any of the assets in order to pay for the bond debt pursuant to Health and Safety Code section 34176(a)(2); and . WHEREAS, pursuant to Health and Safety Code section 34176(a)(2), by no later than August 1, 2012 the Authority shall submit a list of all Agency housing assets, including those assets transferred between February 1, 2012 and the date upon which the Authority creates the list, that contains an explanation of how the housing assets meet the criteria specified in Health and Safety Code section 34176(e), to the State of California Department of Finance ("DOF"), in the format prescribed by the DOF, by no later than August 1, 2012; and WHEREAS, if the DOF determines that a housing asset on the list of Agency housing assets transferred to the Authority is not a housing asset as defined in Health and Safety Code section 34176(e), and does not alter its determination following a meet and confer with the Authority, which meet and confer the Authority shall request within five business days of 45636.06001\7439405.1 1 receiving the DOF objection to the determination that the housing asset qualifies as a housing asset under Health and Safety Code section 34176(e), the Authority shall return that asset to the Successor Agency and the provision of Health and Safety Code section 34178.8 may apply; and WHEREAS, pursuant to Health and Safety Code section 34181(c), the Oversight Board is to direct the Successor Agency to transfer housing responsibilities and all rights, powers, duties and obligations along with any amounts on deposit in the Low and Moderate °Income Housing Fund to the appropriate entity pursuant to Health and Safety Code section 34176. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, SERVING AS SUCCESSOR AGENCY TO THE AZUSA REDEVELOPMENT AGENCY, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. Section 2. CEOA Compliance. The recommendation to transfer housing assets and functions and encumbered Housing Fund monies through this Resolution does not commit the Successor Agency to any action that may have a significant effect on the environment. As a result, such action does not constitute a project subject to the requirements of the California Environmental Quality Act. The City Clerk of the City of Azusa, acting on behalf of the Successor Agency, is authorized and directed to file a Notice of Exemption with the appropriate official of the County of Los Angeles, California, within five (5) days following the date of adoption of this Resolution. Section 3. Designation and Direction to Transfer Housing Assets and Functions. The Successor Agency hereby approves and recommends to the Oversight Board the transfer of the Agency's housing assets set forth in Exhibit A, attached to this Resolution and incorporated herein by this reference, along with the transfer of all rights, powers, liabilities, duties and obligations associated with the housing activities of the Agency, to the Authority, pursuant to Health and Safety Code sections 34176, 34177 and 34181. Section 4. Implementation. The City Manager, acting on behalf of the Successor Agency, is hereby authorized and directed to take any action necessary to carry out the purposes of this Resolution and comply with applicable laws, including taking any actions necessary to inform the Oversight Board of the recommended housing assets for transfer and the transfer of all rights, powers, assets, liabilities, duties and obligation associated with the housing activities of the dissolved Agency. Section 5. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Successor Agency declares that the Successor Agency would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution. 45636.06001\7439405.1 2 Section 6. Certification. The City Clerk of the City of Azusa, acting on behalf of the Successor Agency as its Secretary, shall certify to the adoption of this Resolution. Section 7. Effective Date. Pursuant to Health and Safety Code section 34179(h), all actions taken by the Successor Agency may be reviewed by the State of California Department of Finance, and, therefore, this Resolution shall not be effective for three (3) business days, pending a request for review by the State of California Department of Finance. MOVED, PASSED AND ADOPTED THIS 16th day of July, 2012 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Mayor of the City of Azusa, serving as the Successor Agency to the dissolved Azusa Redevelopment Agency ATTEST: City Clerk of the City of Azusa, serving as the successor agency to the dissolved Azusa Redevelopment Agency 45636.06001\7439405.1 3 EXHIBIT A HOUSING ASSETS OF THE DISSOLVED AZUSA REDEVELOPMENT AGENCY RECOMMENDED FOR TRANSFER TO LOS ANGELES COUNTY HOUSING AUTHORITY [Attached behind this page] 45636.06001\7439405.1 CERTIFICATION I, City Clerk of the City of Azusa, serving as the successor agency to the dissolved Azusa Redevelopment Agency, DO HEREBY CERTIFY that the above referenced resolution was duly adopted by the City of Azusa, serving as the successor agency to the dissolved Azusa Redevelopment Agency, at a regular meeting held on the_ day of May, 2012, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: City Clerk of the City of Azusa, serving as the successor agency to the dissolved Azusa Redevelopment Agency 45636.06001\7439405.1 -