HomeMy WebLinkAboutAgenda Packet - May 4, 2009 - CCAGENDA
REGULAR MEETING OF THE CITY
COUNCIL, THE REDEVELOPMENT AGENCY
AND THE AZUSA PUBLIC FINANCING AUTHORITY
AZUSA AUDITORIUM
213 EAST FOOTHILL BOULEVARD
AZUSA CITY COUNCIL
JOSEPH R. ROCHA
MAYOR
KEITH HANKS
COUNCILMEMBER
URIEL E. MACIAS
MAYOR PRO -TEM
NOTICE TO THE PUBLIC
MONDAY, MAY 4, 2009
6:30 P.M.
ANGEL CARRILLO
COUNCILMEMBER
ROBERT GONZALES
COUNCILMEMBER
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.
Persons who wish to speak during the Public Participation portion of the Agenda, shall fill out a card requesting to
speak and shall submit it to the City Clerkprior to the start of the City Council meeting. When called, each person
may address any item on or off the agenda during the public participation.
6:30 P.M.
CEREMONIAL
1. Presentation of Certificate of Recognition to Elvira Lopez in honor of being chosen as the 2009 Outstanding
School Crossing Guard of the Year for the City of Azusa.
2. Presentation of Proclamation to the City of Azusa in recognition of Azusa Beautiful participation in Save Our
Beach Campaign.
05/04/09 - 1 -
CLOSED SESSION
1. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Under Negotiation: Price and Terms of Payment
a) Address:
Negotiating Parties:
b) Address:
Negotiating Parties:
c. Address:
Negotiating Parties
d. Address:
Negotiating Parties:
809 N. Azusa
CBS Outdoor (aka Viacom Outdoor)
106 S. Azusa (Reader Board)
Redevelopment Agency of the City of Azusa
832 N. Azusa Avenue, Azusa, CA 91702
Alexios & Tashia Vagenas
Taylor House - 2330 N. San Gabriel Canyon Road.
City Manager Delach and Assistant City Manager Makshanoff
2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov. Code Sec. 54956.9 (a)).
City of Azusa Redevelopment Agency v. Vagenas, Los Angeles, Superior Court BC 388163.
3. CONFERENCE WITH LEGAL COUNSEL — LIABILITY CLAIM (Gov. Code Sec. 54956.95).
Claimant: Picasso's Cafe, Bakery, Catering Co. Claim No. 08-C30.
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. 54956.9(a)).
Case Name: Daniel Torres v. City of Azusa, Case Number: US District Court Central District Case No. CV09-
01211 PSG (JWJx)
5. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Gov. Code Sec. 54957).
Any person wishing to comment on any of the Closed Session items listed above may do so now.
7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL.
1. Call to Order
2. Pledge to the Flag
3. Invocation — Pastor Samuel Martinez of Christian Faith Center of the Valley
A. PUBLIC PARTICIPATION
(Person/Group shall be allowed to speak without interruption up to five (S) minutes maximum time, subject
to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's
questions or comments shall be handled after the speaker has completed his/her comments. Public
Participation will be limited to sixty (60) minutes time.)
05/04/09 - 2 -
B. REPORTS, UPDATES, AND ANNOUNCEMENTS FROM STAFF/COUNCIL
1. Mayor Rocha — request for proclamation for Alan Thorndike in honor of his retirement from the Azusa
Unified School District.
2. Request by Staff for a proclamation to proclaim the week of May 17th — 23rd as American Public Works
Week, in the City of Azusa.
3. Mayor Rocha -request for proclamation for First Sergeant John B. Wood of the National Guard Armory in
honor of his retirement.
C. SCHEDULED ITEMS
None.
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 APRIL 20, 2009.
RECOMMENDED ACTION:
Approve Minutes as written.
2. HUMAN RESOURCES ACTION ITEMS.
RECOMMENDED ACTION:
Approve Personnel Action Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules
and applicable Memorandum of Understanding(s).
3. PURCHASE OF JAIL PLUMBING FIXTURES.
RECOMMENDED ACTION:
Approve the purchase of California Standards Authority approved jail plumbing fixtures to the lowest
responsive bidder, Smardan Supply Company, in the amount of $16,266.93.
4. CITY TREASURER'S REPORT AS OF MARCH 31, 2009.
RECOMMENDED ACTION:
Receive and file the Report.
05/04/09 -3 -
5. RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A DISADVANTAGED
BUSINESS ENTERPRISE (DBE) RACE -CONSCIOUS PROGRAM IMPLEMENTATION
AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
RECOMMENDED ACTION: /
Adopt Resolution No. 09-C32thorizing the City Manager to enter into a Disadvantaged Business
14
Enterprise Race -Conscious Program Implementation Agreement with the State of California Department of
Transportation (Caltrans) in order to comply with changes to the State's federally mandated Disadvantaged
Business Enterprise Program.
6. CIP PROJECT: CITYWIDE CONCRETE IMPROVEMENTS (66109D) - NOTICE OF
COMPLETION.
RECOMMENDED ACTION:
a. Find that Martinez Concrete Inc., of Azusa, CA, has completed the Citywide Concrete Improvements
Project for Fiscal Year 2008/2009 - Project No. 66109D. b. Approve the Notice of Completion and
authorize the Mayor to execute the document on behalf of the City. c. Authorize the City Clerk to submit
said Notice of Completion for recordation to the County Recorder of Los Angeles County, within ten days of
the City Council approval, as required by section 3093 of the California Civil Code.
7. CLASS SPECIFICATION REVISION.
RECOMMENDED ACTION:
The Personnel Board recommends, pursuant to the City of Azusa Civil Service Rules Section 3.3, that the
City Council adopts the revised class specifications for Recreation Supervisor.
8. AUTHORIZATION TO SOLICIT REOUEST FOR PROPOSALS (RFPs) FOR AZUSA TRANSIT
OPERATIONS AND FLEET MAINTENANCE SERVICES.
RECOMMENDED ACTION:
Authorize staff to formally solicit Request for Proposals (RFPs) for the contractual outsourcing of Azusa
Transit operations and fleet maintenance services. At this time, Staff is only interested in attaining formal
proposals; then providing the City Council at a later date with further analysis and any potential cost savings.
9. PURCHASE OF TWO FORD POLICE INTERCEPTOR VEHICLES.
RECOMMENDED ACTION:
Approve the purchase of two, 2009, Ford Police Interceptor vehicles, from Wondries Fleet Group, 1247 W.
Main Street, P.O. Box 3850 Alhambra, CA 91801 in an amount not to exceed $48,393.40; approve the
purchase of these vehicles based on the competitive bid process completed by the County of Los Angeles
where they ordered Ford Police Interceptor vehicles, Order #DPO-FR-36501761-1, per Azusa Municipal
Code Section 2-523(e).
05/04/09 - 4 -
10. PURCHASE RENEWAL OF MICROSOFT OFFICE SOFTWARE ASSURANCE
RECOMMENDED ACTION:
Waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer
software maintenance services and approve the renewal of software assurance/support for Microsoft Office
Professional for 3 years; and award the agreement to CompuCom in the amount of $29,911.35 annually.
11. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY.
RECOMMENDED ACTION:
Adopt Resolution No. 09-C 5.
CONVENE AS THE REDEVELOPMENT AGENCY
E.
F.
AGENCY SCHEDULED ITEMS
1. PROPOSED CITY-WIDE POLICY REGARDING THE LEASING OF CITY OWNED PROPERTY
FOR RETAIL SALES EVENTS.
RECOMMENDED ACTION:
Provide direction to staff to establish a policy regarding the leasing of City owned property for retail sales
events.
AGENCY CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If
Boardmembers or Staff wish to address any item on the Consent Calendar individually, it will be
considered under SPECIAL CALL ITEMS.
1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF APRIL 20, 2009.
RECOMMENDED ACTION:
Approve Minutes as written.
2. AGENCY TREASURER'S REPORT AS OF MARCH 31, 2009.
RECOMMENDED ACTION:
Receive and file the Report.
05/04/09 - 5 -
3. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE AGENCY.
RECOMMENDED ACTION:
Adopt Resolution No. 09-R26.
G. AZUSA PUBLIC FINANCING AUTHORITY
1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF FEBRUARY 17, 2009.
RECOMMENDED ACTION:
Approve Minutes as written.
2. AUTHORITY TREASURER'S REPORT AS OF MARCH 31, 2009.
RECOMMENDED ACTION:
Receive and file the Report.
H. ADJOURNMENT
1. Adjourn.
UPCOMING MEETINGS:
May 11, 2009, City Hall On The Move, 5:00-6:30 p.m., Memorial Park following Bookmobile Stop.
May 26, 2009, Utility Board Meeting, - 6:00 p.m. (Light and Water Conference Room)
May 26, 2009, Special City Council Meeting, (following Utility Board Meeting — Light and Water)
June 1, 2009, City Council Meeting — 6:30 p.m. (Auditorium)
June 15, 2009, City Council Meeting — 6:30 p.m. (Auditorium)
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 - 725N. 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.
05/04/09 - 6 -
CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MONDAY, APRIL 20, 2009 — 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 Sess
The City Council recessed to Closed Session at 6:33 p.m. to discuss the following:
Recess
1. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Real Prop
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Negotiations
Under Negotiation: Price and Terms of Payment
a. Address: 826 N. Azusa Avenue, Azusa, CA 91702
826 N. Azusa
Negotiating Parties: Habern Chiropractic
b. Address: 803 N. Dalton Avenue, Azusa, CA 91702
803 N. Dalton
Negotiating Parties: Ramirez Masonry
Atlantis Gardens
Atlantis Gardens
c. Address: 680 E. 6t' Street, Azusa, CA 91702
Negotiating Parties: Dianna & William Zurbuchen
d. Address: 602 Cedarglen Drive, Azusa, CA 91702
Negotiating Parties: Pedro O. Zubillaga
e. Address: 636 Cedarglen Drive, Azusa, CA 91702
Negotiating Parties: Olga Sepulveda
f. Address: 809 N. Azusa
809 N. Azusa
Negotiating Parties: CBS Outdoor (aka Viacom Outdoor)
g. Address: 17525 E. Arrow Hwy (E/L 197'68'x 110')
17525 E. Arrow
Negotiating Parties: CBS Outdoor (aka Viacom Outdoor)
h. Address: 17525 E. Arrow Hwy (400'E. Azusa Ave)
17525 E. Arrow
Negotiating Parties: CBS Outdoor (aka Viacom Outdoor)
i. Address: 106 S. Azusa (Reader Board)
106 S. Azusa
Negotiating Parties: Redevelopment Agency of the City of Azusa
2. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6)
Conf w/Labor
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Neg
Organizations Executive Contracts
3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov. Code Sec.
Conf w/legal
54956.9 (a)). Farris v. City of Azusa, et al. - Los Angeles Superior Court, Case Number KC055075.
Cris Farris v. City
The City Council reconvened at 7:39 p.m. City Attorney Carvalho advised that there was reportable action
Reconvened
taken in Closed Session; with regard to Farris v. City of Azusa; Council voted unanimously to file a Cross
Reports
Complaint Against Azusa Pacific University and the driver of the trolley.
Mayor Rocha called the meeting to order and asked that the meeting be adjourned in memory of Leroy
Call to Order
Harris Kelly III who died in the Iraq five years ago.
Mr. and Mrs. Harris Kelly led in the Salute to the Flag and thanked all for the remembrance of their son.
Flag Salute
INVOCATION was given by President Richard A. Walker of the Church of Jesus Christ of Latter-day
Invocation
Saints
ROLL CALL Roll Call
PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
ABSENT: COUNCILMEMBERS: NONE
ALSO PRESENT: Also Present
City Attorney Carvalho, City Manager Delach, Assistant City Manager Makshanoff, Azusa Police Chief
Garcia, Director of Public Works/Assistant City Manager Haes, Economic Development Director
Christianson, Library Director Tovar, Administrative Services Director -Chief Financial Officer Kreimeier,
Assistant City Librarian Shahsavari, Director of Utilities Hsu, Assistant to Director of Utilities Kalscheuer,
Public Information Officer Quiroz, Assistant Community Development Director McNamara, City Clerk
Mendoza, Deputy City Clerk Toscano.
City Manager Delach announced that the Target Corporation has submitted their plans to the Community City Mgr
Development Department. He also stated that there have been rumors circulating regarding the citywide Comments
transportation program about changing the service; he advised that there have been discussions regarding
privatizing the administration of the City bus service, but no changes to the service.
PUBLIC PARTICIPATION
Pub Part
Mr. Mike Lee thanked the parents of Leroy Harris III, for their son and advised that Azusa is the number
M. Lee
one in veterans. He sent a message to local kids to stay in school, get an education, register to vote, and
Comments
always be good citizens. He expressed his opinion regarding several issues.
Various
Mr. Ward Archer addressed Council with complaints regarding street sweeping in his area; he stated that
W. Archer
streets, when swept are not swept well and the city should get rid of the contractor and allow city
Street Sweeping
employees to perform the service; he spoke against contracting out services.
Mr. Steven Gomez addressed Council regarding the street sweeper problems and about the school parking
S. Gomez
problems at the Longfellow school.
Street Sweeping
Ms. Crystal Munoz, Miss Azusa and Ms. Sarah Weir, Miss Outstanding Teen, requested support from the
C. Munoz and
City as they will soon be representing Azusa in the Miss California Pageant and Miss Outstanding Teen
S. Weir
Pageant; Staff was directed to provide each one with a $100 check from the Scholarship Fund.
Sponsorship
Mr. Rick Robinson expressed his frustration regarding the sound wall from Citrus to Barranca on the south
R. Robinson
side of the 210 Freeway; stating that it takes away the view, it's noisier now for his neighbors behind him,
Sound Wall
it's not an upgrade to the neighborhood and no one was informed wall was going up.
Ms. Diana Williams addressed Council regarding graffiti and suggested the problem be addressed through
D. Williams
community forums, rewards programs, alternative forums, and spoke about the responsibilities of the
Graffiti
community, parents and City; she asked that this be the beginning of an Anti -Graffiti Campaign.
Ms. Julianne Smith of Azusa Pacific University announced that the Azusa Reads Program at the Library J. Smith
will be holding the year end celebration and invited the Councilmembers to attend. Library Director Albert Azusa Reads
Tovar addressed the matter and talked about the partnership between APU and the school district and how
the tutoring program benefits the children.
Mr. Austin McMinn, a Boy Scout who is working on attaining the rank of Eagle, addressed Council stating A. McMinn
that this year he created, planned and designed the Think River, San Gabriel River Clean Up event for his Think River
Eagle Project working with Ms. Susanne Avila of the California Resource Connection, to complete it. He Event
provided statistics of the event as follows: 151 people in attendance; youngest 3 years old and eldest74
years old, average age 25 years old, total number of steps taken was 766,074, approximately 700 lbs of
trash collected and consisted of paper, carpet, tires, plastic, plywood, scraps and broken glass. He thanked
all who participated in the project and thanked Mayor and Council who attended the event. He extended a
special thanks to Miss Susan Avila for her guidance which taught him how to organize an event and
become an effective leader.
Mr. Lucas Botello, Campaign Manager for Emanuel Plates seeking the office of Congressman in the May L. Botello
19s' Election, addressed Council detailing the background of Mr. Plates and urged all to vote for him in the Emanuel Plates
upcoming election.
City Manager Delach responded to questions posed regarding problems with street sweeping in the area of City Mgr
Longfellow school, sound wall issues and graffiti issues; items were referred to staff for handling. Director Responses
of Public Works Haes provided his number as follows: 812-5248. It was consensus of Councilmembers to & Scholarships
direct staff to provide sponsorships in the amount of $100 to Miss Azusa Crystal Munoz and Miss
Outstanding Teen Sarah Weir.
04/20/09 PAGE TWO
REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Updates/cncl
Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously carried to
Sponsorship
approve request for sponsorship in the amount of $200 to Gladstone High School AP Students who will be
AP Student
attending the Ronald Reagan Museum to see the Magna Carta.
Moved by Councilmember Hanks, seconded by Mayor Pro -Tem Macias and unanimously carried to
Proc Jon
approve request for proclamation in recognition of Jon Blickenstaff, former Mayor of La Verne and
Blickenstaff
Chairman of the Construction Authority Board, who is retiring.
Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously carried to
Cert of Rec
approve request for certificate of recognition for Elvira Lopez who has been chosen as the 2009
E. Lopez
Outstanding School Crossing Guard of the Year for the City of Azusa.
Moved by Councilmember Hanks, seconded by Councilmember Carrillo and unanimously carred to
Cncl Assgmts
approve the confirmation of continued Council Committee Assignments.
SCHEDULED ITEMS
Sched Items
PUBLIC HEARING - APPROVAL OF AN URGENCY ORDINANCE OF THE CITY COUNCIL OF Pub Hrg
THE CITY OF AZUSA, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858, Massage Bus
IMPLEMENTING A ONE-YEAR SECOND EXTENSION OF A MORATORIUM TEMPORARILY Moratorium
PROHIBITING THE ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING
STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS
The Mayor declared the Hearing Open. The City Clerk read the affidavit of proof of publication of notice Hrg open
of said Hearing published in the San Gabriel Valley Tribune on April 10, 2009. Testimony was solicited, Testimony
but none was received.
Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried to Hrg Closed
close the Public Hearing.
Councilmember Hanks offered an Ordinance entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, IN Ord No. 09-02
ACCORDANCE WITH GOVERNMENT CODE SECTION 65858, IMPLEMENTING A ONE-YEAR Extending
SECOND EXTENSION OF A MORATORIUM TEMPORARILY PROHIBITING THE Moratorium
ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING STUDY AND ADOPTION
OF REGULATORY AND ZONING STANDARDS
Moved by Councilmember Hanks, seconded by Mayor Pro -Tem Macias to waive further reading and
adopt. Ordinance passed and adopted by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
AUTHORIZATION TO NOTIFY UTILITY CUSTOMERS OF PUBLIC HEARING CONCERNING Setting PH
WATER RATE ADJUSTMENT ON JUNE 15, 2009. Wtr Rate Adjst
Assistant to Director of Utilities Kalscheuer addressed the issue and presented Key Factors to a Higher C. Kalscheuer
Rate Increase which included: Downturn in Economy — Less Customers & Less Sales = 5.1 Revenue Presentation
Requirement, maybe due to some foreclosures; the lack of Rosedale development which has been slow,
Sales Reduction from Conservation = 18.4 Revenue Requirement, Deletion of Sub -Meter Charge = 7.5
Revenue Requirement, and Minor Projected O & M Cost Increases. He presented and detailed Revenue
Requirements — forecast of expenses, Projected Fund Balance, Projected Debt Coverage. He presented the
Month Meter Service Charges which showed current charges; scheduled increases, and proposed new rates.
Director of Utilities Hsu presented and detailed three Alternatives for Commodity Rates, i.e. Consultant Dr of Utilities
Proposed: 18% Across the Board and Conservation Schedule; he recommended Alternative 3. He J. Hsu
explained the Emergency Rate Structure -Rates & Tier Breakpoints. He noted the reasons for the rate Presentation
increase as follows: Maintain a Viable Water Utility Operation, Meet Minimum Debt Coverage Ratio &
Maintain Good Credit Ratings; Continue to Finance Water CIP from Operating Incomes, Enable Use of
Interest Incomes from Other CIPS and to Maintain Reserve for Emergency. He displayed the comparison
chart of surrounding water entities.
After additional discussion, it was moved by Councilmember Hanks, seconded by Councilmember Carrillo Appvd to
and carried to consider water rate adjustment options described in attached report by HDR Engineering to Consider Wtr
increase revenues from water utility rates by 18% for FY 2009-2010 and 15.6% for FY 2010-2011. Mayor Rate Adjust
Pro -Tem Macias dissenting.
04/20/09 PAGE THREE
After additional discussion, it was moved by Councilmember Hanks, seconded by Councilmember
Dis and appvd
Gonzales and carried to approve tentative rates to be further considered at public hearing, the following:
tentative
(a) meter charge changes as proposed by HDR Engineering, and (b) alternative commodity rate changes
rates
that increase Tier 2 consumption charges and modify some tier consumption thresholds or breakpoints,
Consent Calendar
Alternative 3. Councilmember Macias dissenting.
Approved D-6&7
Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously carried to
Send out 45
authorize staff to print and mail a 45 -day advanced notice of public hearing to be held June 15, 2009.
Notices
AUTHORIZATION TO NOTIFY PROPERTY OWNERS OF PUBLIC HEARING CONCERNING Setting PH
REFUSE RATE ADJUSTMENT ON JUNE 15, 2009. Rfs Rate Adjst
Assistant to Director of Utilities Kalscheuer addressed the issue stating that this is rate adjustment relating C. Kalscheuer
to refuse service provided by Athens Services and pursuant to the contract there is a need to adjust rates Comments
each year; he requested approval for the mailing of the notice to property owners. Staff has conducted rate
calculations and presented the revised notice to Council which displays monthly rates which are lowered by
$21,000. He stated that residential barrel rates will be reduced by $.84 per month, Multifamily Bin will be
increased by $.85 per month and Commercial will see a reduction of $2.22 per month; a detailed report will
be presented at the Public Hearing.
Moved by Councilmember Hanks, seconded by Councilmember Carrillo and unanimously carried to
Approved
authorize staff to print and mail a 45 -day advanced notice of public hearing to be held June 15, 2009 to
45 day notice
consider refuse rate adjustment.
The CONSENT CALENDAR consisting of Items D-1 through D-10 was approved by motion of
Consent Calendar
Mayor Pro -Tem Macias, seconded by Councilmember Gonzales and unanimously carried with the
Approved D-6&7
exception of items D-6, and D-7, which were considered under the Special Call portion of the Agenda.
Spec Call
1. The minutes of the regular meeting of April 6, 2009, were approved as written.
Min appvd
2. Human Resources Action Items were approved as follows:
Merit Increase and/or Regular Appointments: L. Corrales, R. Gonzales, M. Gomez-Villegaz, S.
HR Action Items
Abou-Taleb, T. Rasmussen, and K. Pilmer.
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
Res. 09-C32
ADOPTING A SERVICES PRIORITY POLICY FOR LOWER INCOME DEVELOPMENTS IN
SB 1087 Policy
ACCORDANCE WITH SB 1087.
4. Approval was given for the purchase of the Raytheon ACU -T tactical interoperability system, two
Purchase radios
Motorola radios, associated parts, materials and installation from the lowest responsive bidder,
Communications Center, in the amount of $19,568.50.
5. Authorization was given to staff to solicit bids for the Foothill Boulevard Boardwalk and
Bids Foothill/
Foothill/Citrus intersection improvements.
Citrus inter imp
6. SPECIAL CALL ITEM.
7. SPECIAL CALL ITEM.
Spec Call
Spec Call
8. Approval was given for the commencement of the formal bid process for the procurement of custom Bid Prime Mover
vehicle retrofit services for the Azusa Police Department, Office of Emergency Services "Prime Vehicle OES
Mover" vehicle. The funds to contract with a specialty vehicle custom building company are fully
reimbursable through the 2007 State of California Homeland Security Grant Program.
9. The Leave of Absence without pay request beginning April 2, 2009 through May 13, 2009, in LOA wo/pay
accordance with Azusa Civil Service Rules, Section 6.8, Subsection 6.8.1 Authorization, was approved
granted.
10. The following resolution was adopted and entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 09-C33
CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants
ARE TO BE PAID.
SPECIAL CALL ITEMS
Spec Call Items
Staff responded to question regarding the amount of each proposal for the PSA to prepare a Sewer Master PSA Lee & Ro,
Plan, and selection criteria. Moved by Councilmember Gonzales, seconded by Councilmember Hanks and Swr Mstr Pln
unanimously carried to authorize staff to enter into a professional services agreement with LEE & RO, Inc.
to prepare a Sewer Master Plan for an amount not to exceed $668,800.
04/20/09 PAGE FOUR
Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried to PSA Norris
authorize staff to enter into a professional services agreement with Norris Repke for an amount not to Repke
exceed $9,960 to provide topographic survey and mapping services for Alosta Avenue and Foothill
Boulevard from Cerritos Avenue to Rockvale Avenue.
THE CITY COUNCIL AND REDEVELOPMENT AGENCY CONVENED JOINTLY AT 9:01 P.M. Convene jntly
TO DISCUSS THE FOLLOWING:
CITY AND AGENCY AGENDA ITEM
City/CRA Item
PROPOSED CITY AND REDEVELOPMENT AGENCY -WIDE POLICY REGARDING THE LEASING Policy re:
OF CITY AND REDEVELOPMENT AGENCY OWNED PROPERTY FOR RETAIL SALES EVENTS. Leasing property
Lengthy discussion was held regarding a City/Agency-wide policy regarding the Leasing of City/Agency Discussion
owner property for retail sales events and there was no action taken on this item it will be brought back
with in a more refined manner. No Action
THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT CRA Convene
9:29 P.M. THE CITY COUNCIL RECONVENED AT 9:30 P.M. Cncl reconvened
UPDATES/COUNCIL COMMENTS:
Updates — cont.
Councilmember Hanks extended an invitation to the Mayor and Council to attend the Southern California Hanks
Wide Service Day on Saturday and Sunday, April 25, 2009, and take place at a new park near Grandview Comments
and Angeleno; it is sponsored by the Church of Jesus Christ of Latter-day Saints.
Councilmember Gonzales invited all to the Cinco De Mayo celebration, sponsored by the Azusa Parks and Gonzales
Recreation Department, on Sunday, May 3, 2009, at 12 noon; for further information call 812-5280. Comments
Councilmember Carrillo announced the Household Hazardous Waste Round Up on Saturday, April 25th Carrillo
from 12 noon — 3:00 p.m. at Northrup Grumman and the Free Low Flush Toilet give away on that same Comments
date from 12 noon — 3:00 p.m.
Mayor Rocha announced the Relay For Life on Saturday, April 25th and 26"' at Azusa Pacific University;
Rocha
Seal Beach Cleanup; Wheelchair Day; and Arbor Day stating that the City received the Community Service
Comments
Award for Azusa Beautiful Program.
It was consensus of Councilmembers adjourn in Memory of Leroy Harris Kelly III, on the 5`s year
Adjourn in
anniversary of his demise in Iraq.
Memory of
Leroy Harris
Kelly III
5 year
TIME OF ADJOURNMENT: 9:30 P.M.
Remembrance
CITY CLERK
NEXT RESOLUTION NO. 2009-C34.
NEXT ORDINANCE NO. 2009-03.
04/20/09 PAGE FIVE
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER
VIA: F.M. DELACH, CITY MANAGER
DATE: May 6, 2009
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 April 28, 2009, the Personnel Board confirmed the following Department Head recommendation regarding the
following Personnel Action requests.
A. MERIT INCREASE AND/OR REGULAR APPOINTMENT:
RFS
Ramon Arevalo
Park Maintenance Worker I
Merit Increase
4153/4
FRONI/TO
04/17/2009
$3688.28
UTL
Keith Chagnon
Electric Crew Supervisor
Reg Appt/Merit
5228/5
To: Customer Serv. Rep. 11
Inc
$8219.91
04/07/2009
C. FLEXIBLE STAFFING PROMOTION: The following flexible staffing promotional appointments have been requested by
department head(s) pursuant to the Rules of the Civil Service Svstem.
DEPARTMENT
; NAME
CLASSIFICATION
EFFECTIVE, ..
RANGE/STEP.
FRONI/TO
DATE
BASE MO. SALARY
UTL
Christine Cusick
From: Customer Serv. Rep. I
04/04/2009
5164/3
To: Customer Serv. Rep. 11
$3864.00
FISCAL IMPACT
There is no fiscal impact, as positions listed are funded in approved department budgets.
&W-710 MA01
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT B. GARCIA, CHIEF OF POLICE
VIA: F.M. DELACH, CITY MANAGER/,tD
DATE: MAY 4, 2009
SUBJECT: PURCHASE OF JAIL PLUMBING FIXTURES
RECOMMENDATIONS
It is recommended that the City Council approve the purchase of California Standards Authority
approved jail plumbing fixtures to the lowest responsive bidder, Smardan Supply Company, in
the amount of $16,266.93.
BACKGROUND
The Azusa Police Department Type I Jail Facility is 40 years old and the plumbing fixtures (i.e.
sinks, toilets, shower heads and actuators) are in need of replacement. Police Department staff
identified cost effective jail plumbing fixtures that met the California Standards Authority's
(State agency responsible for jail inspections) approval to replace the existing fixtures. The
approved fixtures and their quantity are as follows:
• Metcraft 6950 service sink -
(1)
• Metcraft 4610 toilet -
(10)
• Metcraft 5115 sinks -
(10)
• Sloan AC450 shower heads -
(6)
• Sloan HY100A actuators -
(20)
• Sloan 9611 1.6 flush valves -
(20)
1
The sinks and toilets are stainless steel (the existing are porcelain) and designed for high security
areas; the shower heads are institutional style to help prevent suicides. Police Department staff
contacted four vendors to bid`on the above items as follows:
1. Smardan Supply Co., South El Monte
$16,266.93
2. Ferguson Enterprises, Inc., Pomona
$17,112.76
3. Mark's Plumbing Supply, FT. Worth, TX
$17,639.26
4. Weizel Security Products, Blaine WA
$17,773.88
Once these fixtures are received, Police staff will coordinate installation with a reputable
plumbing company that has experience with such installations.
FISCAL IMPACT
Funding will be provided under approved Capital Improvement Program Project 31007B,
Account # 49-80-000-000-7125.
Prepared by:
Sam Jauregui, Jail, Fleet & Facility Coordinator
Sam Gonzalez, Captain
2
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCENE HAMILTON, CITY TREASURER
DATE: MAY 4, 2009
SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES
FOR THE MONTH OF MARCH 2009
RECOMMENDATION:
It is recommended that the Council Members receive, review, and file the City
Treasurer's Report for the City of Azusa for the month of March 2009.
BACKGROUND:
Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City
of Azusa for the month of March 2009. City investments are made in accordance
with the City's Investment Policy adopted and approved with Resolution No. 05 -
C ] 6 dated, October 6, 2008 and Government Code Section 53600 et seq.
FISCAL IMPACT:
The balances of cash, investments, and projected revenues for the next six months
are expected to be sufficient to meet cash disbursement requirements of the City for
at least the next six months.
CITY OF AZUSA TREASURER'S REPORT
Treasury Checking Accounts and Certificates of Deposit March 31, 2009
Held in Wells Fargo Bank
Prepared by: Marcene Hamilton, Treasurer
Interest
Face
Maturity
or
Account Number
Balance
Amount
Date
Coupon
Descrition
p
or CUSIP
or
Rate
Market Value
Checking Accounts
General Checking Account
XXX-XXX1244
1,127,632.00
1.231%
Overland Sweep Account
DDA XXX-XXX1244
0.00
Worker's Compensation Checking
XXXX-XX0318
0.00
Flexible Reimbursement
XXXX-XX5036
17,642.65
Payroll Checking (ZBA account)
XXXX-XX1393
0.00
Police Petty Cash Fund
XXX-XXX0334
189.12
Section 108
0.970%
Choice IV -Public Fund Account
XXX-XXX2239
30,856.75
200,000
11/14/06
3.060%
FHLB 3.060 11/14/06 (Matured)
3133X6PD2
0.00
ISO Collateral Account
Every 30
300,000
Days
0.050%
Certificate of Deposit
XXX-XXX1658
313,873.69
1,975,001
04/07/07
3.748%
Certificate of Deposit
XXX-XXX2840
2,329,691.82
Covington Endowment
Money Market Mutal Funds
WFB XXXX7554
16,369.67
100,000
06/29/09
4.200%
Certificate of Deposit - 25467JG21
WFB 25467JG21
100,000.00
TOTALS
3,936,255.70
CITY OF AZUSA TREASURER'S REPORT
TREASURYINVESTMENTS
Prepared by: Marcene Hamilton, Treasurer
March 31, 2009
Broker
Face Amount
Description
Coupon
Rate
Maturity
Date
AccUCusip No.
Settlement
Date
Principal"
Market Price
(Changes
Monthly)
Market Value"
City of Azusa Investments - AAA Rated Federal Agency Bonds
Wells Faro Sec
2,000,000.00
FHLB 4.300 07/14/09
4.300%
07/14/09
3133XCDQ3
07/14/05
2,000 000.00
101.094000
2,021,880.00
Gilford Sec
2,000 000.00
FHLB 4.200 12/15/09
4.200%
12/15/09
3133X9N48
12/15/04
200000000
102.281000
204562000
Wachovia Sec
1,000,000.00
FFCB 3.950 07/15/11
3.950%
07/15/11
31331Y3E8
07/15/08
1,000,000.00
102.094000
1,020.940.00
Wachovia Sec
4,000,000.00
FHLB 4.000 10/20/11
4.000%
10/20/11
3133XSHL5
10/20/08
4,000,000.00
100.125000
4,005,000.00
Gilford Sec
2,000,000.00
FHLB 3.875 11/10/11
3.875%
11/10/11
31331GEGO
11/10/08
2,000,000.00
101.250000
2,025,000.00
Wachovia Sec
2000,000.00
FHLB 3.12511/17/11
3.125%
11/17/11
3133XSM70
11/17/11
2,000000.00
101.813000
2036,260.00
Wachovia Sec
2,000,000.00
FFCB 3.375 11/18/11
3.375%
11/18/11
31331GEW5
11/18/11
2,000 000.00
101.063000
2,021,260.00
Wachovia Sec
2,000,000.00
FHLB 2.350 02/06/12
2.350%
02/06/12
3133XSXQ6
02/06/09
2-10-0-0- 000.00
99.844000
1 996,880.00
Gilford Sec
2,000,000.00
FHLB 2.550 02/24/12
2.550% 1
02/24/12
3133XT2P0
02/24/09
2,000,000.00
100.406000
2,008,120.00
Higgins Capital
2,000,000.00
FHLB 3.550 4/24/12
3.550%
04/24/12
3133XQU83
04/24/08
21000,000.00
100.156000
2 003 120.00
Wachovia Sec
4,000,000.00
FHLB 3.450 5/14/12
3.450%
05/14/12
3133XQTD4
05/14/08
4,000,000.00
101.844000
4,073,760.00
Higgins Capital
2,000,000.00
FHLB 5.250 05/21/12
5.250%
05/21/12
3133XKWM3
05/21/07
2,000 000.00
100.563000
2,011,260.00
Hi ins Capital
2,000,000.00
FHLB 5.250 05/29/12
5.250%
05/29/12
3133XKUL7
08/22/07
1,999,500.00
100.656000
2,013.120.00
Gilford Sec
2,000 000.00
FHLB 4.150 06/18/12
4.150%
06/18/12
3313XRGT1
06/18/08
2,000,000.00
100.625000
2 012 500.00
Wachovia Sec
2,000,000.00
FHLB 2.375 07/09/12
2.375%
07/09/12
3133XSRF7
01/09/09
2,000,000.00
99.781000
11995,620.01
Wachovia Sec
2,000,000.00
FFCB 2.250 02/17/12
2.250%
04/13/12
31331GND7
03/16/09
1,999,000.00
100.563000
2011,260.00
Wachovia Sec
1,000,000.00
FHLB 2.250 04/13/12
2.250%
04/13/12
3133XTAW6
03/16/09
999,500.00
100.750000
1,007,500.00
TOTALS
36,000,000.00
35,998,000.00
-
36,309,100.00
WFB - CITY
THIRD PARTY CUSTODIAL TRUST ACCT
0.350%
N/A
WA
N/A -
3,591,250.00
100.000000
3,551,250.00
Light & Water Rate Stablization Fund Investments - AAA Rated Federal Agency Bonds
Wachovia
3,000,000.00
FHLB 4.150 01/29/13
4.150%
01/29/13
3133XNZC6
01/29/08
3,000 000.00
102.406000
307218000
Wachovia
3,000,000.00
FHLB 2.350 02/06/12
2.350%
02/06/12
3133XSXQ6
02/06/09
3,000,000.00
99.844000
2,995,320.00
Higgins
1,215,000.00
FHLB 2.100 09/06/11
2.100%
09/06/11
3133XTA97
03/06/09
1,215 000.00
100.969000
1,226,773.35
Higgins
2,000,000.00
FNNA 2.250 02/24/12
2.250%
02/24/12
3136FHCFO
02/27/09
2,000,000.00
100.844000
2,016,880.00
TOTALS
9,215,000.00
9,215,000.00
9,311,153.35
WFB - L&W
THIRD PARTY CUSTODIAL TRUST ACCT `,
0.350% 'r
N/A =_
N/A
N/A
0.00
100.000000
0.00
LAIF -CITY
LOCAL AGENCY INVESTMENT FUND
1,8220/,T
N/A
N/A
N/A
12,870,093.42
100.000000
12,870,093.42
TOTAL INVESTMENTS IN FEDERAL AGENCIES, WFB INSTITUTIONAL TRUSTS, and LAIF
61,634,343.42
62,041,696.77
INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE (From July 1, 2008) 2,162,797.64
'The "Principal' column reflects the balance on the last day of the month or the "historical cost' spent to purchase a security.
`"The "Market Value" is the current price at which a security can be traded or sold.
Treasurer Report March 2009.x1s 4/23/2009 8:33 PM
CITY OF AZUSA TREASURER'S REPORT
INVESTMENT INTEREST EARNINGS
Prepared by: Marcene Hamilton, Treasurer
Thru March 31, 2009
Face Amount
Net Amount
Coupon
Rate
Maturity
Date
Acct/Cusip No.
Payment
Schedule
Scheduled
2008/2009
Interest
Earnings
Scheduled
Semi -Annual
Payment
Amount
Interest
Received
Fiscal Year to
Date'
City of Azusa Investments - AAA Rated Federal Agency Bonds
1,000,000
1,000,000.00
4:850%o
CALLED
31331YKD1
12/27&'6/27
2,694
2.694
2,694.44
2,000,000
2,000,000.00
5.200%
CALLED I
31331X4V1
10/3'& 4/3
52,000
; 26,000
"52,000.00
2,000,000
2,006,891.67
5.250%
CALLED
"3133XHET5
10/14 & 4/14
52,500 `
26,250
52,500.00
1,000,000
1,000,000.00
5.200%
CALLED
3128X6PZ3
10/17 & 4/17
26,000
13,000
26,000.00
1,000,000
999,000.00
5.000%
CALLED
3133XMNQO
10/24 & 4/24
25,000
12,500
25,000.00
2,000,000
2;006,094.44
4.750% `
CALLED
31331X6X5
10/15'& 4/15
56,472'
28,236
56,472.20
2,000,000
1,995;000.00
5,125%''1
CALLED
3133XKVSI
11/24&'5/24
51,250
25,625
51,250.00
1,000,000
1,000;000.00
4.625%
CALLED
3133XNJ26'
12/19 &t6/19
23,125
11,563
=- 23`,125.00
1,000,000
1;000,000.00
5.000%
CALLED
3133XNT58
12/18&'6/18
25,000''
12,500
25,000.00
2,DOO,000
2,000,000.00
4.200%
CALLED`
3133XQMN9
10/24/&4/24
57,517
28,758
57,516.66
2,000,000
2,000,000.00
5.000%
CALLED
3133XRJSO
12/26 & 6/26
50,000
25,000
50,000.00
2,000,000
2,000,000.00
3.440%
CALLED
3133XQSTO
7/23 & 1/23
51,600
25,800
51,600.00
2,000,000
2,000,000.00
3;550% s
: CALLED
3133XPD43
7/30&1/30
71,000
35,500
71;000.00
2,000,000
2,000,000.00
4.200%
CALLED ''
3133XP6L3
7/29 &;1/29
84,000
42,000
84,000.00
2;000,000
2,000,000.00
4350%
CALLED
3133XNYL7
7/30 & 1/30
87,000'
43,500
87,000.00
2,000,000
2,014,723.33
5.250%o
CALLED
3128X4N56
8/24 &'2/24
105,000''''
52,500
105,000.00
2,000,000
1,999,000.00
4.125%
CALLED
3133XPPY4
8/20 &'2/20
82,500
41,250
82,500.00
1,0D0,000
1,000,000.00
4.000%
CALLED
3133XRFE5
12/17 & 6/17
40,000
20,000
30,000.00
2,000,000
2,000,000.00
5:125%
CALLED
3133XKD44
9/301& 3/30
102,500
51,250 1
102,500.00
2,000,000
2,000,000.00
4.250%
CALLED <-
3133XPY40
9/13 &'3/13
85,000
42,500
85,000.00
2,000,000
2,000,000.00
4.300%
07/14/09
3133XCDQ3
7/14 & 1/14
86,000
43,000
86,000.00
2,000,000
2,000,000.00
4.200%
12/15/09
3133X9N48
12/15 & 6/15
84,000
42,000
42,000.00
1,000,000
1,000,000.00
3.950%
07/15/11
31331Y3E8
7/15 & 1/15
19,750
19,750
19,750.00
4,000,000
4,000,000.00
4.000%
10/20/11
3133XSHL5
10/20 & 4/20
80,000
80,000
2,000,000
2,000,000.00
3.875%
11/10/11
31331GEGO
11/10 & 5/10
38,750
19,375
2,000,000
2,000,000.00
3.125%
11/17/11
3133XSM70
11/17 & 5/17
31,250
31,250
2,000,000
2,000,000.00
3.375°/
11/18/11
31331GEW5
11/18 & 5/18
33,750
33.750
2,000,000
2.000,000.00
2.350%
02/06/12
3133XSXQ6
8/6 & 2/6
2,000,000
2,000,000.00
2.550°/
02/24/12
3133XT2PO
8/24 & 2/24
2,000,000
2,ODO,000.00
3.550%
04/24/12
3133XQU83
10/24 & 4/24
71,000
35,500
35,500.00
4,000,000
4,000,000.00
3.450%
05/14/12
3133XQTD4
11/14 & 5/14
138,000
69,000
69,000.00
1,000,000
999,500.00
2.250%
04/13/12
3133XTAW6
9/16 & 3/16
-687.50
2,000,000
1,999,000.00
2.250%
12/17/12
31331GND7
9/16 & 3/16
-3,625.00
2,000,000
2,000,000.00 1
5.250%
05/21/12
3133XKWM3
11/21 & 5/21
105,000
52,500
52,500.00
2,000,000
2,023,708.33
5.250%
05/29/12
3133XKUL7
11/29 & 5/29
105,000
52,500
52,500.00
2,000,000
2,000,000.00
4.150%
06/18/12
3133XRGT1
12/18 & 6/18
83,000
41,500
41,500.00
2,000,000
2,000,000.00
2.375%
07/09/12
3133XSRF7
7/9 & 1/9
36,000,000 ACTIVE INVESTMENTS
1
2,005,658 `'
1,086,551
1,514,595.80
CITY - Wells Fargo Bank Institutional Third Party Custodial Money Market Account - Liquid Asset
3,551,250.00 1
0.350%
n/a I
N/A I
Monthly I
Per Balance and Rate
45,504.6
Light & Water Stablization Fund Investments - AAA Rated Federal Agency Bonds
3,000,000.00
3,000,000.00
3.550%
CALLED
3133XPD43
7/30'& 1/30
106,500.00+
53,250 00
106,500.00
3,215,000.00
3,215,000.00
4:000%
CALLED
3133XPKV5
8/20 & 2/20
128,600.00
64,300.00
129,671,56
3,000,000.00
3,000,000.00
2.350%
02/06/12
3133XSX06
8/6 & 2/6
2,000,000.00
2,000,000.00
2.250%
02/24/12
3136FHCFO
8/24 & 2/24
-375.00
1,215,000.00
1,215,000.00
2.100%
09/06/11
3133XTA97
9/6 & 3/6
3,000,000.00
3,000,000.00
4.150%
01/29/13
3133XNZC6
7/29 & 1/29
124,500.00
62,250.00
124,500.00
9,215,000.00 ACTIVE INVESTMENTS
359,600.00 1
179,800.00
360,296:56
Light & Water Stablization - Wells Fargo Bank Institutional Third Party Custodial Money Market Account - Liquid Asset
0.00
0.350% 1
N/A
N/A
Monthly
Per Balance and Rate
820.4
CITY - Local Agency Investment Fund - Liquid Asset
12,870,093.42
1.822%
N/A
N/A
Quarterly
Per Balance and Rate
241,580.2
Fiscal Year: July 1 - June 30
TOTAL INTEREST EARNED YTD
2,162,797.64
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER
VIA: F.M. DELACH, CITY MANAGER kv
DATE: MAY 4, 2009
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
DISADVANTAGED BUSINESS ENTERPRISE (DBE) RACE -CONSCIOUS
PROGRAM IMPLEMENTATION AGREEMENT WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION
RECOMMENDATION
It is recommended that the City Council approve a resolution authorizing the City Manager to
enter into a Disadvantaged Business Enterprise Race -Conscious Program Implementation
Agreement with the State of California Department of Transportation (Caltrans) in order to
comply with changes to the State's federally mandated Disadvantaged Business Enterprise
Program.
BACKGROUND
In order to utilize federal transportation funds, the City is required to adopt an annual
Disadvantaged Business Enterprise (DBE) Goal and Annual Anticipated DBE Participation
Level (AADPL).
In February 1999, the U.S. Department of Transportation (USDOT) published Title 49, Code of
Federal Regulations (CFR) 26, pertaining to the use of DBE firms. A DBE is a for-profit small
business that is at least 51 percent owned and controlled by one or more socially and
economically disadvantaged individuals. These individuals must be citizens of the United States
and (1) any individual who a recipient finds to be a socially and economically disadvantaged
individual on a case-by-case basis, or (2) who are either Black Americans, Hispanic Americans,
Native Americans, Asian -Pacific Americans, Subcontinent Asian Americans, Women or any
other group found to be socially and economically disadvantaged by the US Small Business
Administration. The goal of the USDOT DBE program is to remedy past and current
discrimination and its effect in USDOT-assisted contracting. CFR 26 is designed to ensure non-
discrimination in USDOT-assisted contracts and improve program administration and efficiency.
The establishment of a DBE goal has no direct fiscal impact on the City. Most of the burden lies
with the contractors who bid on USDOT-assisted contracts. The contractors must document
proof of a good -faith effort to achieve the DBE goal. City staff and the Caltrans Local Programs
office are responsible with verifying that the efforts are in compliance with the federal
regulations.
Effective May 1, 2006, Caltrans was directed by the Ninth Circuit Court of Appeals to abandon
any aspect of the DBE Program that was considered "race conscious" (i.e. programs that focus
specifically on and provide benefits solely for disadvantaged businesses). The City's current goal
and methodology reflect this revision to the DBE which focuses on "race neutral" methods of
obtaining the target participation levels.
Recently, Caltrans prepared a Disparity Study revealing that significant underutilization was
found in four of the six groups presumed to be disadvantaged as defined by CFR 26. The four
groups were African American, Asian Pacific American, Native American, and Women. As a
result of the disparity study, Caltrans successfully appealed the Ninth Circuit Court of Appeals
decision and is transitioning back to the Race Conscious DBE program. Under the new Race
Conscious DBE program, the bidder shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of subcontracts. The selected contractor shall ensure
that DBEs and other small businesses have the opportunity to participate in the performance of
the solicited work and should take all necessary and reasonable steps for this assurance. In order
for a contractor to be considered responsible and responsive, the contractor must make good faith
efforts to meet the goal established for the contract. If the goal is not met, the contractor must
document adequate good faith efforts. Only underutilized DBE participation will be counted
towards the contract goal. However, all DBE participation shall be collected and reported.
In order to comply with new statewide Race Conscious DBE requirements, and to continue
receiving federal -aid for ongoing and future transportation projects, the City must execute and
submit the latest Disadvantaged Business Enterprise Race Conscious Program Implementation
Agreement to Caltrans, by June 2, 2009. This agreement formally acknowledges the City's
responsibilities under the Caltrans Race Conscious DBE Program.
FISCAL IMPACT
There is no fiscal impact to enter into the Disadvantaged Business Enterprise Race -Conscious
Implementation Agreement with Caltrans. However, if the Agreement is not submitted to
Caltrans, the City would not be eligible to receive federal financial assistance from the U.S.
Department of Transportation.
Attachments:
1. Resolution Adopting a Race Conscious DBE Program
2. Exhibit 9-A Caltrans DBE Program Implementation Agreement
3. Exhibit 9-13 Local Agency DBE Annual Submittal Form
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, ADOPTING A RACE CONSCIOUS DISADVANTAGED
BUSINESS ENTERPRISE (DBE) PROGRAM
WHEREAS, the U.S. Department of Transportation has established guidelines
pertaining to Disadvantaged Business Enterprises (DBEs); and,
WHEREAS, the City of Azusa is required to conform to these regulations by
adopting an Annual Anticipated DBE Participation Level (AADPL) every federal fiscal
year, using a methodology approved by the California Department of Transportation
(Caltrans); and,
WHEREAS, Caltrans is transitioning back to a Race Conscious DBE Program;
and,
WHEREAS, the City is required to adopt the latest Race Conscious DBE
Program and enter into a DBE Program Implementation Agreement with Caltrans by
June 2, 2009.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Azusa hereby adopts its Race Conscious DBE Program
and authorizes the City Manager to execute the California Department of Transportation
Disadvantaged Business Enterprise Program Implementation Agreement.
SECTION 2. The City of Azusa hereby adopts 23.59% (11.70% Race Neutral,
11.89% Race Conscious) as its AADPL for federal funding year 2009-10, based on the
methodology set forth in Exhibit 9-B.
SECTION 3. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED and ADOPTED this 4th day of May, 2009.
Joseph R. Rocha, Mayor
I HEREBY CERTIFY that the foregoing Resolution was duly
Council of the City of Azusa at a regular meeting held on the 4t"
the following vote of the Council:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Vera Mendoza, City Clerk
adopted by the City
day of May, 2009, by
Exhibit 9-A Disadvantaged Business Enterprise Implementation Agreement for Local Agencies
CALIFORNIA
DEPARTMENT OF TRANSPORTATION
DISADVANTAGED BUSINESS ENTERPRISE
PROGRAM
IMPLEMENTATION AGREEMENT
FOR
LOCAL AGENCIES
March 4, 2009
CALIFORNIA DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS
ENTERPRISE IMPLEMENTATION AGREEMENT
For the City of Azusa, hereinafter referred to as "RECIPIENT."
Definition of Terms
The terms used in this agreement have the meanings defined in 49 CFR § 26.5.
II OBJECTIVE/POLICY STATEMENT (§26/1.26/23)
The RECIPIENT intends to receive federal financial assistance from the U. S. Department of Transportation
(DOT) through the California Department of Transportation (Caltrans), and as a condition of receiving this
assistance, the RECIPIENT will sign the California Department of Transportation Disadvantaged Business
Enterprise Program Implementation Agreement (hereinafter referred to as Agreement). The RECIPIENT agrees to
implement the State of California, Department of Transportation Disadvantaged Business Enterprise (DBE)
Program Plan (hereinafter referred to as the DBE Program Plan) as it pertains to local agencies. The DBE
Program Plan is based on U.S. Department of Transportation (DOT), 49 CFR, Part 26 requirements.
It is the policy of the RECIPIENT to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive
and participate in DOT -assisted contracts. It is also their policy:
• To ensure nondiscrimination in the award and administration of DOT -assisted contracts.
• To create a level playing field on which DBE's can compete fairly for DOT -assisted contracts.
• To ensure that their annual overall DBE participation percentage is narrowly tailored, in accordance with
applicable law.
• To ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to participate as
DBEs.
• To help remove barriers to the participation of DBEs in DOT -assisted contracts.
• To assist the development of firms that can compete successfully in the market place outside the DBE
Program.
III Nondiscrimination (§26.7)
RECIPIENT will never exclude any person from participation in, deny any person the benefits of, or otherwise
discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR,
Part 26 on the basis of race, color, sex, or national origin. In administering the local agency components of the
DBE Program Plan, the RECIPIENT will not, directly, or through contractual or other arrangements, use criteria
or methods of administration that have the effect of defeating or substantially impairing accomplishment of the
objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
March 4, 2009
IV Annual DBE Submittal Form (§26.21)
The RECIPIENT will provide to the Caltrans District Local Assistance Engineer (DLAE) a completed Local
Agency DBE Annual Submittal Form (Exhibit 9-13) by June 1 of each year for the following Federal Fiscal Year
(FFY). This form includes an Annual Anticipated DBE Participation Level (AADPL), methodology for
establishing the AADPL, the name, phone number, and electronic mailing address of the designated DBELO, and
the choice of Prompt Pay Provision to be used by the RECIPIENT for the following FFY.
V Race -Neutral Means of Meeting the Overall Statewide Annual DBE Goal (§26.51)
RECIPIENT must meet the maximum feasible portion of its AADPL by using race -neutral means of facilitating
DBE participation. Race -neutral DBE participation includes any time a DBE wins a prime contract through
customary competitive procurement procedures, is awarded a subcontract on a prime contract that does not carry a
DBE goal, or even if there is a DBE goal, wins a subcontract from a prime contractor that did not consider its
DBE status in making the award (e.g., a prime contractor that uses a strict low -bid system to award subcontracts).
Race -neutral means include, but are not limited to, the following:
1. Arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery
schedules in ways that facilitate DBE, and other small businesses, participation (e.g., unbundling large
contracts to make them more accessible to small businesses, requiring or encouraging prime contractors
to subcontract portions of work that they might otherwise perform with their own forces);
2. Providing assistance in overcoming limitations such as inability to obtain bonding or financing (e.g., by
such means as simplifying the bonding process, reducing bonding requirements, eliminating the impact of
surety costs from bids, and providing services to help DBEs, and other small businesses, obtain bonding
and financing);
3. Providing technical assistance and other services;
4. Carrying out information and communication programs on contracting procedures and specific contract
opportunities (e.g., ensuring the inclusion of DBEs, and other small businesses, on recipient mailing lists
of bidders; ensuring the dissemination to bidders on prime contracts of lists of potential subcontractors;
provision of information in languages other than English, where appropriate);
5. Implementing a supportive services program to develop and improve immediate and long-term business
management, record keeping, and financial and accounting capability for DBEs and other small
businesses;
6. Providing services to help DBEs, and other small businesses, improve long-term development, increase
opportunities to participate in a variety of types of work, handle increasingly significant projects, and
achieve eventual self-sufficiency;
7. Establishing a program to assist new, start-up firms, particularly in fields in which DBE participation has
historically been low;
8. Ensuring distribution of your DBE directory, through print and electronic means, to the widest feasible
universe of potential prime contractors; and
9. Assisting DBEs, and other small businesses, to develop their capability to utilize emerging technology
and conduct business through electronic media.
March 4, 2009
VI Race Conscious Means of Meeting the Overall Statewide Annual DBE Goal (§26.51(d))
RECIPIENT must establish contract goals for Underutilized Disadvantaged Business Enterprises (UDBEs) to
meet any portion of your AADPL you do not project being able to meet using race -neutral means. UDBEs are
limited to these certified DBEs that are owned and controlled by African Americans, Native Americans, Women,
and Asian Pacific Americans.
VII Quotas (§26.43)
RECIPIENT will not use quotas or set -asides in any way in the administration of the local agency component of
the DBE Program Plan.
VIII DBE Liaison Officer (DBELO) (§26.25)
RECIPIENT has designated a DBE Liaison Officer. The DBELO is responsible for implementing the DBE
Program Plan, as it pertains to the RECIPIENT, and ensures that the RECIPIENT is fully and properly advised
concerning DBE Program Plan matters. [Specify resources available to the DBELO; e.g., the DBELO has a staff
of two professional employees assigned to the DBE program on a full-time basis and two support personnel who
devote a portion of their time to the program.] The name, address, telephone number, electronic mail address, and
an organization chart displaying the DBELO's position in the organization are found in Exhibit 9-B Local Agency
DBE Anuual Submittal Form. This information will be updated annually and included on the DBE Annual
Submittal Form.
The DBELO is responsible for developing, implementing, and monitoring the RECIPIENT's requirements of the
DBE Program Plan in coordination with other appropriate officials. Duties and responsibilities include the
following:
1. Gathers and reports statistical data and other information as required.
2. Reviews third party contracts and purchase requisitions for compliance with this program.
3. Works with all departments to determine projected Annual Anticipated DBE Participation Level.
4. Ensures that bid notices and requests for proposals are made available to DBEs in a timely manner.
5. Analyzes DBE participation and identifies ways to encourage participation through race -neutral means.
6. Participates in pre-bid meetings.
7. Advises the CEO/governing body on DBE matters and DBE race -neutral issues.
8. Provides DBEs with information and recommends sources to assist in preparing bids, obtaining bonding
and insurance.
9. Plans and participates in DBE training seminars.
10. Provides outreach to DBEs and community organizations to fully advise them of contracting opportunities.
March 4, 2009
IX Federal Financial Assistance Agreement Assurance (§26.13)
RECIPIENT will sign the following assurance, applicable to and to be included in all DOT -assisted contracts and
their administration, as part of the program supplement agreement for each project.
The recipient shall not discrirxiinate on the basis of race, color, national origin, or sex in the award and
performance of any DOT -assisted contract, or in the administration of its DBE Program, or the requirements of 49
CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure
nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE Program, as
required by 49 CFR, Part 26 and as approved by DOT, is incorporated by reference in this agreement.
Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a
violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter
for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.). [Note — this language is to be used verbatim, as it is stated in §26.13(a).]
X DBE Financial Institutions (§26.27)
It is the policy of the RECIPIENT to investigate the full extent of services offered by financial institutions owned
and controlled by socially and economically disadvantaged individuals in the community to make reasonable
efforts to use these institutions, and to encourage prime contractors on DOT -assisted contracts to make use of
these institutions.
Information on the availability of such institutions can be obtained from the DBELO. The Caltrans'
Disadvantaged Business Enterprise Program may offer assistance to the DBELO.
XI Directory (§26.31)
RECIPIENT will refer interested persons to the Unified Certification Program DBE directory available from the
Caltrans Disadvantaged Business Enterprise Program's website at www.dot.ca.gov/hq/bep.
XII Required Contract Clauses (§§26.13, 26.29)
RECIPIENT ensures that the following clauses or equivalent will be included in each DOT -assisted prime
contract:
A. CONTRACT ASSURANCE
The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR, Part 26 in the
award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such other remedy, as
recipient deems appropriate.
[Note — This language is to be used verbatim, as is stated in §26.13(b). See Caltrans Sample Boiler Plate Contract
Documents on the Internet at www.dot.ca.gov/hq/LocalPrograms under "Publications."]
March 4, 2009
B. PROMPT PAYMENT
Prompt Progress Payment to Subcontractors
The local agency shall require contractors and subcontractors to be timely paid as set forth in Section
7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors.
The 10 -days is applicable unless a longer period is agreed to in writing. Any.delay or postponement of
payment over 30 days may take place only for good cause and with the agency's prior written approval.
Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties,
sanctions, and other remedies of that Section. This requirement shall not be construed to limit or impair
any contractual, administrative, or judicial remedies, otherwise available to the contractor or
subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient
subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE
and non -DBE subcontractors.
Prompt Payment of Withheld Funds to Subcontractors
The local agency shall ensure prompt and full payment of retainage from the prime contractor to the
subcontractor within thirty (30) days after the subcontractor's work is satisfactorily completed and
accepted. This shall be accompanied by including either (1), (2), or (3) of the following provisions [local
agency equivalent will need Caltrans approval] in their federal -aid contracts to ensure prompt and full
payment of retainage [withheld funds] to subcontractors in compliance with 49 CFR 26.29.
1. No retainage will be held by the agency from progress payments due to the prime contractor. Prime
contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or
postponement of payment may take place only for good cause and with the agency's prior written
approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the
penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and
Professions Code. This requirement shall not be construed to limit or impair any contractual,
administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of
a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance,
and/or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors.
2. No retainage will be held by the agency from progress payments due the prime contractor. Any
retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning
subcontractor in 30 days after the subcontractor's work is satisfactorily completed. Any delay or
postponement of payment may take place only for good cause and with the agency's prior written
approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the
penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions
Code. This requirement shall not be construed to limit or impair any contractual, administrative, or
judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute
involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or
noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors.
March 4, 2009
3. The agency shall hold retainage from the prime contractor and shall make prompt and regular
incremental acceptances of portions, as determined by the agency of the contract work and pay retainage
to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all
monies withheld in retention from all subcontractors within 30 days after receiving payment for work
satisfactorily completed and accepted including incremental acceptances of portions of the contract work
by the agency. Any delay or postponement of payment may take place only for good cause and with the
agency's prior written approval. Any violation of these provisions shall subject the violating prime
contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California
Business and Professions Code. This requirement shall not be construed to limit or impair any
contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in
the event of. a dispute involving late payment or nonpayment by the contractor; deficient subcontractor
performance; and/or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE
subcontractors.
XIII Local Assistance Procedures Manual
The RECIPIENT will advertise, award and administer DOT -assisted contracts in accordance with the most
current published Local Assistance Procedures Manual (LAPM).
XIV Transit Vehicle Manufacturers (§ 26.49)
If FTA -assisted contracts will include transit vehicle procurements, RECIPIENT will require each
transit vehicle manufacturer, as a condition of being authorized to bid or propose on transit vehicle
procurements, to certify that it has complied with the requirements of 49 CFR Part 26, Section 49.
XV Bidders List (§26.11(c))
The RECIPIENT will create and maintain a bidders list, consisting of information about all DBE and
non -DBE firms that bid or quote on its DOT -assisted contracts. The bidders list will include the name,
address, DBE/nonDBE status, age, and annual gross receipts of the firm.
XVI Reporting to the DLAE
RECIPIENT will promptly submit a copy of the Local Agency Bidder/Proposer-UDBE Commitment (Consultant
Contract), (Exhibit 10-0(1) "Local Agency Bidder/Proposer-DBE Commitment (Consultant Contract)") or
Exhibit 15-G(1) "Local Agency Bidder-UDBE Commitment (Construction Contract) to the DLAE at the time of
award of the consultant or construction contracts.
RECIPIENT will promptly submit a copy of the Local Agency Bidder -DBE Information (Exhibit 15-G(2) "Local
Agency Bidder -DBE (Construction Contracts) — Information" or Exhibit 10-0(2) "Local Agency
Proposer/Bidder-DBE (Consultant Contracts) -Information" of the LAPM) to the DLAE at the time of execution
of consultant or construction contract.
RECIPIENT will promptly submit a copy of the Final Utilization of DBE participation to the DLAE using Exhibit
17-F "Final Report — Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors" of the
LAPM immediately upon completion of the contract for each consultant or construction contract.
March 4, 2009
XVII Certification (§26.83(a))
RECIPIENT ensures that only DBE firms currently certified by the California Unified Certification Program will
participate as DBEs on DOT -assisted contracts.
XVIII Confidentiality
RECIPIENT will safeguard from disclosure to third parties, information that may reasonably be regarded as
confidential business information consistent with federal, state, and local laws.
By
(Signature )
Phone Number:
(Print Name and Title) ADMINISTERING AGENCY
(Authorized Governing Body Representative)
This California Department of Transportation's Disadvantaged Business Enterprise Program Implementation
Agreement is accepted by:
Date:
[Signature of DLAE]
[Print Name of DLAE]
Distribution: (1)Original—DLAE
(2) Signed copy by the DLAE — Local Agency
(Updated: March 4, 2009)
March 4, 2009
Exhibit 9-B Local Assistance Procedures Manual
Local Agency DBE Annual Submittal Form
Exhibit 9-B Local Agency DBE Annual Submittal Form
TO: CALTRANS DISTRICT 7
District Local Assistance Engineer
The amount of the Annual Anticipated DBE Participation Level (AADPL) and methodology are presented
herein, in accordance with Title 49 of the Code of Federal Regulations, Part 26, and the State of California,
Department of Transportation Disadvantaged Business Enterprise (DBE) Program Plan.
The City of Azusa, submits our AADPL information. We have established an AADPL of 23.59% (11.89%
Race Neutral; 11.70% Race Conscious) for the Federal Fiscal Year 2009/2010, beginning on October 1, 2009,
and ending on September 30, 2010.
Methodology
Please see attachment identifying the methodology used to determine the AADPL.
Disadvantaged Business Entermise Liaison Officer (DBELO)
Daniel Bobadilla
213 E. Foothill Blvd.
Azusa, CA 91702
(626) 812-5264
(626) 334-5464 Fax
dbobadilla@ci.azusa.ca.us
Planned Race -Neutral Measures
The City of Azusa plans to meet the maximum feasible portion of its AADPL by using race -neutral means of
facilitating DBE participation. Race -neutral DBE participation includes any time a DBE wins a prime contract
through customary competitive procurement procedures, is awarded a subcontract on a prime contract that
does not carry a DBE goal, or even if there is DBE goal, wins a subcontract from a prime contractor that did
not consider its DBE status in making the award.
Race -neutral means include, but are not limited to, the following:
1. Arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery
schedules in ways that facilitate DBE, and other small businesses, participation (e.g., unbundling
large contracts to make them more accessible to small businesses, requiring or encouraging prime
contractors to subcontract portions of work that they might otherwise perform with their own
forces);
2. Providing assistance in overcoming limitations such as inability to obtain bonding or financing
(e.g., by such means as simplifying the bonding process, reducing bonding requirements,
eliminating the impact of surety costs from bids, and providing services to help DBEs, and other
small businesses, obtain bonding and financing);
3. Providing technical assistance and other services;
4. Carrying out information and communication programs on contracting procedures and specific
contract opportunities (e.g., ensuring the inclusion of DBEs, and other small businesses, on
recipient mailing lists of bidders; ensuring the dissemination to bidders on prime contracts of lists
of potential subcontractors; provision of information in languages other than English, where
appropriate);
Exhibit 9-13 Local Assistance Procedures Manual
Local Agency DBE Annual Submittal Form
Implementing a supportive services program to develop and improve immediate and long-term
business management, record keeping, and financial and accounting capability for DBEs and
other small businesses;
6. Providing services to help DBEs, and other small businesses, improve long-term development,
increase opportunities to participate in a variety of types of work, handle increasingly significant
projects, and achieve eventual self-sufficiency;
7. Establishing a program to assist new, start-up firms, particularly in fields in which DBE
participation has historically been low
8. Ensuring distribution of your DBE directory, through print and electronic means, to the widest
feasible universe of potential prime contractors; and
9. Assisting DBEs, and other small businesses, to develop their capability to utilize emerging
technology and conduct business through electronic media.
Prompt Pay
Federal regulation (49 CFR 26.29) requires one of three methods be used in federal -aid contracts to ensure
prompt and full payment of any retainage, kept by the prime contractor or subcontractor, to a subcontractor.
The City of Azusa shall use Method 3:
Method 3: The agency shall hold retainage from the prime contractor and shall make prompt and
regular incremental acceptances of portions, as determined by the agency of the contract work and pay
retainage to the prime contractor based on these acceptances. The prime contractor or subcontractors
shall return all monies withheld in retention from all subcontractors within 30 days after receiving
payment for work satisfactorily completed and accepted including incremental acceptances of portions
of the contract work by the agency. Any delay or postponement of payment may take place only for
good cause and with the agency's prior written approval. Any violation of these provisions shall
subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in
Section 7108.5 of the California Business and Professions Code. This requirement shall not be
construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available
to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by
the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This
clause applies to both DBE and non -DBE subcontractors.
49 CFR Part 26.29(d) requires providing appropriate means to enforce prompt payment. These means may
include appropriate penalties for failure to comply with the terms and conditions of the contract. The means
may also provide that any delay or postponement of payment among the parties may take place only for good
cause, with the local agency's prior written approval. The City's monitoring and enforcement mechanisms in
place to ensure that all subcontractors, including DBEs, are promptly paid include the following:
1. Establish a contract clause that requires prime contractors to pay subcontractors for satisfactory
performance of their contracts no later than 30 days from receipt of each payment from the
agency.
2. Establish a contract clause that requires prime contractors to include in their subcontracts
language providing that prime contractors and subcontractors will use appropriate alternative
dispute resolution mechanisms to resolve payment disputes.
3. Establish a contract clause providing that the prime contractor will not be reimbursed for work
performed by subcontractors unless and until the prime contractor ensures that the subcontractors
are promptly paid for the work they have performed.
Exhibit 9-B Local Assistance Procedures Manual
Local Agency DBE Annual Submittal Form
Signature
Date
Print Name and Title Phone Number
ADMINISTERING AGENCY
Authorized Governing Body Representative
Signature of Caltrans District Local Assistance Engineer (DLAE) Date
Division of Local Assistance AADPL Calculation Including UDBEs
Office of Procedures Development and Training March 25, 2009
AADPL Calculations Including UDBEs
Definitions:
• DBE — Disadvantaged Business Enterprise. A for-profit small business concern that is at least 51 percent
owned and controlled by one or more socially and economically disadvantaged individuals. These
individuals must be citizens of the United States (or lawfully admitted permanent residents) and be: (1) an
individual whom a recipient finds to be a socially and economically disadvantaged individual on a case-by-
case basis, or (2) either Black American, Hispanic American, Native American, Asian -Pacific American,
Subcontinent Asian American, female, or any other group found to be socially and economically
disadvantaged by the U.S. Small Business Administration. (See 49 CFR Part 26.)
• UDBE — Underutilized DBE. DBE classes that have been determined in the 2007 Caltrans Disparity Study
to have a statistically significant disparity in their utilization in previously awarded transportation contracts.
Underutilized DBEs include: Black Americans, Native Americans, Asian Pacific Americans, and females.
• Non-UDBE — The two DBE classes (Hispanic American and Subcontinent Asian American) that have been
determined in the 2007 Caltrans Disparity Study to not have a statistically significant disparity in their
utilization in previously awarded transportation contracts.
• AADPL — Annual Anticipated DBE Participation Level. This is the overall Local Agency goal based on
demonstrated evidence of the availability of DBEs relative to all businesses that are ready, willing and able to
participate on Federally funded contracts.
• RC AADPL — Race -Conscious portion of AADPL.
• RN AADPL — Race -Neutral portion of AADPL.
• Market Area — Counties in the agency's geographic area where contractors have historically bid on similar
contracts.
Introduction:
Agencies shall use Exhibit 9B from the Local Assistance Procedures Manual (LAPM) to report the Annual
Anticipated DBE Percentage Level (AADPL) and methodology to Caltrans. The Race -Conscious portion of the
AADPL is the portion the agency believes it will not be able to meet using Race -Neutral means alone. In the
absence of information relating to an agency's ability to meet the Race -Neutral portion, the Race -Conscious
portion should be the same as the entire AADPL, and the Race -Neutral portion should be zero. As always,
individual contract goals should be adjusted throughout the year as the agency's progress in attaining DBE
.participation is assessed.
There are several ways to calculate an AADPL. A method other than what is shown below may be used, as
approved by the District DBE Coordinator. One such alternate method is the use of a current bidders list.
**Important Note: While the determination of an AADPL utilizes the same calculation as before (during the
Race -Neutral mode), the Race -Conscious / Race -Neutral breakdown should always include consideration of not
only the availability of UDBEs (Race -Conscious), but also the specific non-UDBEs and the likelihood that they
will be used on these contracts. If the likelihood is high that these non-UDBEs would not be used on the
contracts, they should be removed from consideration. This would result in a higher RC AADPL and a lower
Page 1 of 5
Filename: 05-04-09 - DBE AADPL Calc UDBE.doc Prepared by: PCarroll
Division of Local Assistance AADPL Calculation Including UDBEs
C*
ralbww Office of Procedures Development and Training March 25, 2009 tr
RN AADPL. Periodically throughout the contracting year, these methods and assumptions should be revisited
to more accurately tailor future contract goals.
AADPL Calculation:
First, determine the projects that the agency anticipates awarding in the upcoming federal fiscal year (FFY).
List these projects, including both construction and consultant contracts. Next, determine the various work
types and amounts of work that will be involved, using the work categories and codes that can be found on the
California Unified Certification Program (CUCP) website, as explained below. For each Work Category,
calculate the percentage (Weight) of the total contract work to be performed.
To determine the number of DBE firms (for the numerator in the calculation):
1. For each NAICS Work Category, determine total number of DBEs in the agency's Market Area that can
perform that type of work. To do this, use the CUCP website, which can be accessed by going to
http://www.dot.ca.„ov/hq/bep/dbe query.htm
and clicking on the "Click here to Access the DBE Query Form" link.
2. On the resulting page, go to the "County" box and highlight all the counties in the agency's Market Area.
The control key can be used to highlight more than one county at a time.
3. Click on the appropriate 2 -digit code in the "NAICS Categories" box. This will automatically bring up
the more detailed 6 -digit NAICS Work Category codes in a new box. Highlight the appropriate 6 -digit
code. Scroll down to "License Type" and highlight the appropriate license (e.g., Electrical Contractor).
Finally, click the "Start Search" button at the bottom of the page. This will give the number of DBE firms
available to do work in that NAICS Work Category, followed by a list of individual firms.
4. To narrow it down to the agency's Market Area, print out the list and cross off any firms that are not
located within the Market Area counties. This will result in a list of DBE firms that are in the agency's
Market Area. The number of firms remaining on the list becomes the numerator for that Work Category.
5. Repeat this process for each Work Category.
To determine the total number of firms (for the denominator in the calculation):
1. For each NAICS Work Category, determine the total number of firms in the agency's Market Area that
are willing to perform that type of work. To do this, go to the following website:
http://censtats.census.(rov/cbpnaic/cbpnaic shtml
2. At the top of the page, select "California" and click on the "Go" button.
Page 2 of 5
Filename: 05-04-09 - DBE AADPL Calc UDBE.doc Prepared by: PCarroll
Division of Local Assistance AADPL Calculation Including t1DBEs
raba1w Office of Procedures Development and Training March 25, 2009
3. On the next page, use the drop-down menu to select one of the counties in the agency's Market Area, and
click the "Select" button. The "Industry Codes" listed are the same as the NAICS codes. For each 2 -digit
category that is being used, click on the "Detail" button. This will bring up a list of all of the 6 -digit Work
Category codes contained within that category.
4. For each 6 -digit Work Category to be used, click the "Detail" button to get a county -by -county list of the
total number of establishments. Add the numbers for each county in the Market Area to get the total
number of firms for this type of work, which becomes the denominator for that Work Category.
5. Repeat this process for each Work Category.
After completing the above tasks, make a table showing the following information for each NAICS Work
Category:
A. Number of DBE Firms (numerator)
B. Number of Total Firms (denominator)
C. Percentage of total contract funding in the NAICS Work Category (Weight).
Use this information as shown in the example that follows.
City of Azusa AADPL Calculations:
Projects the City of Azusa anticipates awarding in the upcoming federal fiscal year:
Contract #1 — Foothill Boulevard Reconstruction (Todd to Orange): ($2,000,000 contract)
(NAICS Code) 237310 — Street Construction = $2,000,000
Contract #2 — Foothill Boulevard Crosswalks: ($250,000 contract)
(NAICS Code) 237310 — Street Construction = $250,000
Contract #3 — Citrus Avenue Reconstruction: ($1,500,000 contract)
(NAICS Code) 237310 — Street Construction = $1,500,000
Contract #4 — Traffic Signal at Citrus Avenue: ($350,000 contract)
(NAICS Code) 238210 — Electrical Work = $350,000
Contract #5 — Foothill Boulevard / Alosta Avenue Intersection Improvements: ($1,200,000)
(NAICS Code) 237310 — Street Construction =$700,000
(NAICS Code) 238210 — Electrical Work = $500,000
Contract #6 — Foothill Boulevard Boardwalk: ($300,000)
(NAICS Code) 237310 — Street Construction = $300,000
Page 3 of 5
Filename: 05-04-09 - DBE AADPL Calc UDBE.doc Prepared by: PCarroll
Division of Local Assistance AADPL Calculation Including UDBEs
Office of Procedures Development and Training March 25, 2009
Total Project Funding = $5,600,000
NAICS Code 237310 = $4,750,000 = 85% of Total Project Funding
NAICS Code 238210 = $850,000 = 15% of Total Project Funding
In order to determine the AADPL base figure, first compute the AADPL formula for each Work Category:
AADPL (per Work Category) = 11
No. of DBEs in a Work Category
x Weightx 100
No. of All Firms in same Work Category
The number of DBEs in the City of Azusa market area (Los Angeles, Orange, Riverside, and San Bernardino
Counties) that can perform the type of work required was accessed from the California Unified Certification
Program website: http://www.dot.ca.gov/hq/bep/dbe query.ht
NAICS Code 237310 (Street Construction) = 75
NAICS Code 238210 (Electrical) = 54
The total number of firms in the City of Azusa market area that can perform the type of work required was
accessed from the U.S. Census Bureau website: littp://censtats.census.gov/cbj2naic/cbpnaic.shtmi
NAICS Code 237310 (Street Construction) = 273
NAICS Code 238210 (Electrical) = 3399
Each Work Category AADPL is then multiplied by its percentage (Weight) of the total work to be performed.
The resulting numbers are then added up to obtain the overall AADPL Base Figure:
AADPL (Base Figure) = 75 DBEs in 237310 x 0.85+
1273firmsin2373 10
ADPL Base Figure) '—__2_3_.5__90_/o]
Race -Conscious Portion of AADPL (Using UDBE's):
54 DBEs in 238210
3399 firms in 238210
x 0.15 X100
To obtain the RC AADPL, use the same method shown above, except substitute UDBEs for DBEs in the
formula.
To get the number of UDBE firms (UDBE firms = male -owned UDBE firms + all female -owned firms),
eliminate all firms on the DBE lists from the CUCP database that are not designated as either female -owned or
male -owned with the UDBE-designated ethnicities (see definitions above).
As before, make a table showing the number of UDBE firms, number of total firms, and Work Category
Weights. Insert these as appropriate in the formula below:
Page 4 of 5
Filename: 05-04-09 - DBE AADPL Calc UDBE.doc Prepared by: PCarroll
RC AADPL — Y No. of UDBEs in a Work Category X Weightx 100
No. of All Firms in same Work Category
RC AADPL = 37 UDBEs in 237310 x 0.854
273 firms in 237310
C AADPL = 11.70%
Race -Neutral Portion of AADPL:
40 DBEs in 23 8210 X 0.151X 100
3399 firms in 238210
The Race -Neutral portion of the AADPL is the overall AADPL minus the Race -Conscious portion.
RN AADPL = AADPL — RC AADPL
RN AADPL = 23.59 — 11.70
[lZN AADPL = 11.89%
Entering Information onto Exhibit 9-B:
After adjusting the AADPL and RC/RN breakdowns determined above for other factors as needed (see
**Important Note on Page 1), enter the adjusted AADPL figure, as well as the adjusted Race -Conscious and
Race -Neutral AADPLs, onto Exhibit 9-13.
Page 5 of 5
Filename: 05-04-09 - DBE AADPL Calc UDBE.doc Prepared by: PCarroll
Division of Local Assistance
AADPL Calculation Including UDBEs
r
Office of Procedures Development and Training
March 25 2009
t�
RC AADPL — Y No. of UDBEs in a Work Category X Weightx 100
No. of All Firms in same Work Category
RC AADPL = 37 UDBEs in 237310 x 0.854
273 firms in 237310
C AADPL = 11.70%
Race -Neutral Portion of AADPL:
40 DBEs in 23 8210 X 0.151X 100
3399 firms in 238210
The Race -Neutral portion of the AADPL is the overall AADPL minus the Race -Conscious portion.
RN AADPL = AADPL — RC AADPL
RN AADPL = 23.59 — 11.70
[lZN AADPL = 11.89%
Entering Information onto Exhibit 9-B:
After adjusting the AADPL and RC/RN breakdowns determined above for other factors as needed (see
**Important Note on Page 1), enter the adjusted AADPL figure, as well as the adjusted Race -Conscious and
Race -Neutral AADPLs, onto Exhibit 9-13.
Page 5 of 5
Filename: 05-04-09 - DBE AADPL Calc UDBE.doc Prepared by: PCarroll
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER
VIA: F.M. DELACH, CITY MANAGER Atv,-'
DATE: MAY 04, 2009
SUBJECT: CIP PROJECT: CITYWIDE CONCRETE IMPROVEMENTS (66109D) – NOTICE OF
COMPLETION
RECOMMENDATION:
It is recommended that the City Council:
1. Find that Martinez Concrete Inc., of Azusa, CA, has completed the Citywide Concrete
Improvements Project for Fiscal Year 2008/2009 - Project No. 66109D.
2. Approve the Notice of Completion and authorize the Mayor to execute the document on behalf
of the City.
3. Authorize the City Clerk to submit said Notice of Completion for recordation to the County
Recorder of Los Angeles County, within ten days of the City Council approval, as required by
section 3093 of the California Civil Code.
BACKGROUND:
City Council authorized this contract on December 10, 2007, and the work on the project commenced
August 25, 2008. The project is part of the Pavement Management Program. The City is broken up into
19 zones. Concrete repairs are coordinated prior to asphalt improvements in designated zones. This
year repairs were made in zones 3, 4, 6, 12, and 17, (please see attached exhibit). Improvements
included 22,348 square feet (SF) of sidewalk, 6,363 SF of driveway reconstruction, 8 ADA curb ramps,
844 SF of cross gutter, and 329 lineal feet (LF) of curbing.
FISCAL IMPACT:
FY 2008/2009 CIP included $250,000 as CIP# 66109D Concrete/ADA Improvements. The total cost of
the project, $249,622.28, and funded using Utility Mitigation Funds.
Attachments: (1) Notice of Completion
(2) City of Azusa Neighborhood Zones
RECORDING REQUESTED BY
s
AND WHEN RECORDED MAIL TO:
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, STRIKE IN FEF. AND INSERT, FOR EXAMPLE, PIIRCI IASER UNDER CONTRACT OF PURCHASE. OR LESSEE)
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
A work of improvement on the property hereinafter described was completed on April, 08. 2009 The work done was:
Remove and repair sidewalks. drive approaches. curbs, gutters and wheelchair ramps
8. The name of the contractor, if any, for such work of improvement was
Martinez Concrete, Inc. December 10 2007
(IF NO CONTRACTOR FOR WORK OF IMPROVEMENTAS A WHOLE, INSERT NONE) (DATE OF CONTRACT)
9. The property on which said work of improvement was completed is in the City of Azusa, County of Los Angeles, and State of CA; and is described as
follows:
CITY-WIDE CONCRETE IMPROVEMENTS PROJECT
10. The street address of said property is various locations throughout the City of Azusa
Dated:
Joseph R. Rocha, Maw
(SIGNATURE. OF OWNER OR CORPORATE OFFICER OF OWNER NAMED IN PARAGRAPH 2 OR MS AGENT)
VERIFICATION
I, the undersigned, say: I am the person who signed the foregoing notice. I have read said notice of completion and know its contents, and the facts stated
therein are true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at Azusa, California, this day of May 2009.
(SIGNATURE)
City of Azusa
NEIGHBORHOOD ZONES
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES
'I
VIA: F.M. DELACH, CITY MANAGER PIV
DATE: MAY 6, 2009
SUBJECT: CLASS SPECIFICATION REVISION
RECOMMENDATION
The Personnel Board recommends, pursuant to the City of Azusa Civil Service Rules Section 3.3, that
the City Council.adopts the revised the class specifications for Recreation Supervisor.
BACKGROUND
While reviewing the class specification for Recreation Supervisor, it became clear minor changes
needed to be made to the class specification in order to accurately represent the responsibilities of the
position. The recommended changes to the Recreation Supervisor class specification are:
- A change in the emphasis of responsibility from the Recreation Division to the Senior Programs
Division, Senior Nutrition Division, and Woman's Club Administration Division. The duties
still include the Recreation Division on a smaller scale, the majority of time in this proposed
position will be divided into the following Divisions respectively:
Senior Programs:
45%
Senior Nutrition:
45%
Woman's Club:
5%
Recreation:
5%
The approval of these recommended changes will provide clarity and accuracy for the responsibilities of
the position. Attached are the Draft changes to the old class specification and a copy of the revised class
specification.
FISCAL IMPACT
There is no fiscal impact as this is a revision of an existing position at the same compensation level.
Exhibits: A — Revised Class Specification for Recreation Supervisor
Page z of 3
May 6, 2009
City Council Consent Item
Subject: Revised Classification — Recreation Supervisor
RECREATION SUPERVISOR
DEFINITION
EXHIBIT A
Under limited supervision, plans, organizes, directs, and evaluates three Divisions of Operation with in
the Recreation and Family Services Department (Senior Programs, Senior Nutrition, and Woman's Club
Administration) including the City's senior programs designed to satisfy recreational needs of the
community; performs all related duties as required.
ESSENTIAL FUNCTIONS
Duties may include, but are not limited to the following:
Plans, organizes, and implements goals, objectives, policies and priorities for city-wide Senior Services;
organizes, directs, and evaluates recreation programs involving contract classes, senior trips, senior
programs, senior nutrition programs, senior health and wellness, special events, and administration of
the Azusa Woman's Club.
Assigns, schedules, and supervises the work of part-time, contract, volunteer, and full-time staff,
evaluates current programs, staff, and facilities; develops comprehensive plans to satisfy future needs of
Department services.
Reviews program and budget expenditures; responsible for the Senior Programs, Senior Nutrition,
Woman's Club and a portion of the Recreation Division budget; researches and prepares specific
justifications for all revenue and expenditures.
Evaluates program attendance, participant responses and cost, and make recommendations regarding the
continuance or cancellation of programs; create new and innovative programs.
Schedules, coordinates, and directs assigned City recreation facilities; inspects related areas and
facilities to ensure proper and safe use of equipment. Responsible for all tasks and duties as assigned by
Director of Recreation and Family Services.
Participates in short term goal evaluation and long-term planning to assess future Department needs;
researches new operational techniques, methods, and equipment; make recommendations for purchase
or implementation of equipment.
Develops and implements marketing strategies; prepares bid specifications for the purchase of recreation
equipment and other items; writes time sensitive requests for proposals for contract services, grants and
fund raising solicitation purposes.
Selects Recreation and Family Services Department employees; develops and establishes work methods
and standards; conducts or directs staff training and development; reviews and evaluates employee
performance; initiates and completes disciplinary actions.
Page 3 of 3
May 6, 2009
City Council Consent Item
Subject: Revised Classification — Recreation Supervisor
Works with organized community groups and committees to promote and organize programs; acts as a
Recreation and Family Services Department representative with the Senior Center Advisory Board, and
to local service clubs and interest groups.
Attends professional meetings, conferences, and workshops to keep informed on progressive ideas and
trends in related recreation programs and management techniques.
Conducts special studies as assigned by the Director of Recreation and Family Services and submits
related reports upon request.
Represents the City at business and/or other civic gatherings; may attend meetings in Director's absence
and/or to represent the Department; may act as lead in the Director's absence.
MARGINAL FUNCTIONS
These are position functions which may be changed, deleted or reassigned to accommodate an
individual with a disability.
QUALIFICATIONS GUIDELINES
Education and/or Experience:
Any combination of education and/or experience that has provided the knowledge, skills, and
abilities necessary for satisfactory job performance. Example combinations include high school
supplemented by course work in recreation, public/business administration or other related fields and
five years of responsible recreation experience including three years of supervisory experience.
Knowledge, Skill and Abilities:
Ability to understand community needs in a variety of recreation areas and evaluate activities
according to those needs; supervise, organize, and review the work of technical and administrative
support personnel; perform professional -level recreation program planning, scheduling, and
implementation in one or more specialized areas. Knowledge of the activities, facilities,
arrangements, resources, and equipment common to modern leisure time programs; principles of
supervision; office management; facility maintenance; and city budgetary processes. Considerable
knowledge of management theories, principles, and techniques; publicity mediums and promotional
materials and training programs dealing with recreation and senior services. Working knowledge of
programs for maintaining security and enforcing regulations at recreational facilities. The ability to
prepare staff reports both written and oral, including reports for City Council, and City Manager;
establish and maintain cooperative working relationships with those contacted in the course of work;
work weekend and/or overtime hours as needed; ability to perform other related duties as required.
SPECIAL REQUIREMENTS
Possession of and ability to maintain a valid Class C California driver's license and a satisfactory
driving record.
Ability to work in a standard office environment; ability to travel to different sites and locations.
r
• \444—‘-ss
a 1�
r
AZUSA'
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER
VIA: F. M. DELACH, CITY MANAGER /'
DATE: MAY 4th, 2009
SUBJECT: AUTHORIZATION TO SOLICIT REQUEST FOR PROPOSALS (RFPs) FOR
AZUSA TRANSIT OPERATIONS AND FLEET MAINTENANCE SERVICES
RECOMMENDATION:
It is recommended that the City Council authorize staff to formally solicit Request for Proposals
(RFPs) for the contractual outsourcing of Azusa Transit operations and fleet maintenance services.
At this time,Staff is only interested in attaining formal proposals;then providing the City Council at
a later date with further analysis and any potential cost savings.
BACKGROUND:
Since 1978,Azusa Transit has provided curb-to-curb transportation services to seniors(age 60+)and
disabled residents. In 1985, services were expanded to include a fixed-route schedule. The fixed
route was later discontinued in 2003 as it was determined that the route was a partial duplication of
Foothill Transit routes 187, 280, 281 and the 492. Azusa Transit also provides a Metrolink Shuttle
which commenced service in 1994. The Metrolink shuttle service is a free service open to all Azusa
Transit users to and from the Covina Metrolink Station. Customers schedule pick ups from an Azusa
address (business or residence) to be dropped off at the Covina Metrolink Station. In addition, a
vehicle picks up users from the Covina Metrolink Station to be dropped off at an Azusa address
(business or residence).
The Azusa Transit operation is designed to offer services to accommodate the needs of Azusa's
residents. Those who are able to use public transit are encouraged to do so with Foothill Transit and
Metrolink pass subsidies,while seniors and disabled are accommodated within an approximate six
mile radius for local errands and doctor appointments. Those with a need to travel greater distance
are referred to METRO's Access Services.
Additional Services
Buss Pass Sales—Foothill Transit bus pass subsidies are offered to Azusa residents. The amount of
the subsidy depends on the category of user and type of pass; subsidies range from $3.50 to $20
dollars.
Metrolink Subsidy Program - $25 off passes (also paid out of Prop C) are sold to Azusa residents.
In addition, Azusa businesses are offered a subsidy match of up to $25 for their employees (paid out
of AB2766).
Access Services Fare Scripts — Some Access Services patrons have difficulty dealing with correct
change for fares. Paper fare scripts that match fare amounts are sold at the transit facility.
Current Azusa Transit Staff,
(1) FT Transit Supervisor (2) FT Dispatchers (1) FT Senior Office Specialist
(2) FT Drivers (6) PT Drivers
ANALYSIS:
Within the last 15 years, most local government agencies in the San Gabriel Valley have outsourced
transit operation and fleet maintenance services. Substantial Proposition A/C fund savings are often
realized and used for other transportation improvements. Among the possible uses for Proposition
A/C funds include: street & roadway improvements, park -n -ride lots, signal synchronizations,
congestion management and other right-of-way improvements. Some of these operations/projects
are currently funded by Gas Tax revenues. Due to the State budget crisis, the continuous receipt and
amount of Gas Tax revenues is in uncertain. Azusa has accrued two months worth of Gas Tax
revenues from the State that amounts to approximately $128,000. Furthermore, amounts received
YTD are also tracking less than last year. Proposition A/C savings may be used to offset
expenditures currently funded from Gas Tax revenues.
Following is a survey of municipal transit operations in the San Gabriel Valley. As noted below, 8
of the 9 cities surveyed are currently outsourcing transit operations. For comparison, the cities of
Monrovia and Covina have similar ridership statistics as Azusa and spend approximately $450,000
on transit operations & fleet maintenance.
Transit Survey - 10/21/08
.City
Service Provider
Services Provided
Duarte
Internal
Fixed Route
Monrovia
Southland Transit
Dial -a -Ride & Trolley
Arcadia
Southland Transit
Dial -a -Ride
Pasadena
1st Transit
Dial -a -Ride and Fixed Route
Alhambra
Southland Transit
Dial -a -Ride and Fixed Route
Covina
Southland Transit
Dial -a -Ride
West Covina
Southland Transit
Dial -a -Ride
Glendora
LA Works
Dial -a -Ride
San Dimas*
1 st Transit
Dial -a -Ride and Yellow Cab
* San Dimas, Clarement, La Verne and Pomona operate their transit system under JPA
08/09 Azusa Budgeted Cost:
Salaries*
$ 549,755
$ 209,248
$ 759,003
O erations**
$ 145,500
$ 93,220
$ 238,720
Total Budgeted Cost for Transit Operations:
$ 997,723
*Excludes 25% of the PW Director's salary and 50% of the Senior Accountant's salary.
**Excludes Direct Administration and fuel cost.
Proposed Request for Proposal:
Attached is a copy of the proposed Request for Proposal (RFP) staff recommends to distribute. The
level of service is the same as what is currently offered. In addition, the proposed RFP requires the
contractor to offer employment to all qualified drivers and dispatchers that were/are employed by the
City of Azusa. Priority for full-time classification and medical/retirement benefits is given to full-
time staff. If it is determined by the contractor that the previously employed City staff member is not
qualified or exhibits performance/interpersonal deficiencies a recommendation for a refusal to hire or
termination must be provided to the Public Works Director. The Public Works Director will
ultimately determine whether refusal to hire or termination is warranted and executed.
FISCAL IMPACT:
There is no fiscal impact to the City by authorizing staff to solicit RFPs. Once the RFPs are received
and reviewed by staff, an agenda report will be provided to the City Council.
Attachment: Proposed RFP
REQUEST FOR PROPOSAL: TRANSIT OPERATIONS SERVICES
CITY OF AZUSA
REQUEST FOR PROPOSALS
TRANSIT OPERATIONS SERVICES
SUBMITTAL: One (1) original and four (4) copies must be received no later than 10:00
A.M. local time on Monday, July 13th, 2009. Proposals must be submitted
in sealed envelopes.
Addressed to: City Clerk
Address: City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Mark envelopes: TRANSIT OPERATIONS SERVICES
PROPOSAL
Proposals received after the time and date stated above shall be deemed unresponsive and
returned unopened to the proposer.
Direct questions or clarification requests regarding this Request for Proposals to:
Israel Del Toro, Senior Management Analyst
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Email: ideltoro(a-)ci.azusa.ca.us
(626) 812-5261
A mandatory pre -proposal conference will be held at the City Yard, 809 S. Angeleno St., Azusa,
California at 1:00 PM on Tuesday, June 30th, 2009.
All questions/requests for clarification must be submitted in writing or email.
Question/clarification deadline is Thursday, July 3rd, 2009 at 5:OOPM.
City of Azusa
June 2009
REQUEST FOR PROPOSAL: TRANSIT OPERATIONS SERVICES
TABLE OF CONTENTS
PROJECTDESCRIPTION............................................................................................................................................
6
GENERALCONDITIONS.............................................................................................................................................
6
DEFINITIONS..........................................................................................................................................................7
LEGALRESPONSIBILITIES........................................................................................................................................
9
INSURANCE..........................................................................................................................................................9
WITHDRAWALOF PROPOSALS..............................................................................................................................
10
REJECTIONOF PROPOSALS..................................................................................................................................
10
EVALUATION/AWARD OF CONTRACT...................................................................................................................
10
PROPOSAL PRICING GUIDELINES.........................................................................................................................
12
RIGHTTO REQUIRE PERFORMANCE.....................................................................................................................
12
ETHICS IN PUBLIC CONTRACTING.........................................................................................................................
12
EQUAL EMPLOYMENT OPPORTUNITY...................................................................................................................
12
TENATIVERFP TIMELINE.........................................................................................................................................
13
1.0 PROJECT OVERVIEW..................................................................................................................
14
1.1 Summary .................................................................................................................14
1.1.1 Term of Contract................................................................................................................................
14
1.1.2 Funding Availability ...........................................................................................................................
14
1.2 General Instructions...............................................................................................15
1.2.1 Competitive Selection........................................................................................................................
15
1.2.2 Selection and Evaluation Factors.....................................................................................................
15
1.2.3. Proposal Acceptance Period............................................................................................................15
1.2.4 Contract Incorporation......................................................................................................................
15
1.2.5 Negotiations.......................................................................................................................................16
1.2.6 Disadvantaged Business Enterprise (DBE).....................................................................................
16
1.2.7 Debarment Suspension, and other Responsibilities.....................................................................
16
1.2.8 Restrictions on Lobbying..................................................................................................................
16
1.2.9 Buy America.......................................................................................................................................17
1.2.10 Audit....................................................................................................................................................17
1.3 Proposal Format.....................................................................................................17
1.3.1 Ability to Perform and Meet Requirements of the RFP...................................................................
18
1.3.2 Experience and Qualifications of the Firm and Personnel.............................................................
19
1.3.3 Reasonableness of the Price Proposal............................................................................................
19
2.0 SCOPE OF SERVICES..................................................................................................................
20
2.1 City of Azusa Transit..............................................................................................20
City of Azusa
2
June 2009
REQUEST FOR PROPOSAL: TRANSIT OPERATIONS SERVICES
2.1.1
Description of Service.......................................................................................................................
20
2.2
Adjustment to Service............................................................................................22
2.2.1
Special Services.................................................................................................................................
22
2.3
Drivers.....................................................................................................................22
2.3.0
City of Azusa Staff Retention............................................................................................................22
2.3.1
Qualifications/Standards...................................................................................................................22
2.3.2
Training...............................................................................................................................................23
2.3.3
Uniform Specifications and Appearance Standards.......................................................................
24
2.3.4
Removal..............................................................................................................................................24
2.4
Personnel................................................................................................................25
2.4.1
Required Management Personnel....................................................................................................
25
2.4.2
Supervision........................................................................................................................................
25
2.4.3
Dispatching/Radio Control................................................................................................................
26
2.4.4
Safety and Security ...........................................................................................................................
26
2.4.5
Injury and Illness Prevention Plan....................................................................................................
26
2.5
City -Owned Vehicles..............................................................................................26
2.5.1
Transition of Vehicles to New Contractor........................................................................................
27
2.5.2
Operating Mode..................................................................................................................................
27
2.6
Facilities..................................................................................................................27
2.6.1
Vehicle Maintenance..........................................................................................................................
27
2.6.2
Fuel. .....................................................................................................................................................
27
2.7
Software/Hardware.................................................................................................28
2.7.1
Fare Collection...................................................................................................................................
28
2.8
Equipment Condition..............................................................................................28
2.9
Data..........................................................................................................................29
2.9.1
Daily Statistics...................................................................................................................................29
2.9.2
Weekly Reports..................................................................................................................................
29
2.9.3
Monthly Reports.................................................................................................................................
29
2.9.4
Customer Complaints........................................................................................................................30
2.9.5
NTD Reporting....................................................................................................................................
30
2.9.6
Drug -Free Workplace Policy.............................................................................................................
30
2.9.7
Performance Specifications..............................................................................................................
30
2.10
Marketing and Public Relations.............................................................................31
2.10.1
Advertising on Exterior and Interior of Buses.................................................................................
31
2.10.2
Signage...............................................................................................................................................31
2.11
Operating During an Emergency...........................................................................31
City of Azusa 3
June 2009
REQUEST FOR PROPOSAL: TRANSIT OPERATIONS SERVICES
ATTACHMENT 1 FEDERAL REQUIREMENTS........................................................................................................
33
ATTACHMENT 2 STANDARD CONTRACT.............................................................................................................
42
ATTACHMENT 3 CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT,
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS....................................................................................
52
ATTACHMENT 4 CERTIFICATION OF LOWER TIER PARTICIPANTS REGARDINGDEBARMENT,
SUSPENSION, AND OTHER INELIBIBILITY AND VOLUNTARY EXCLUSION.......................................................
53
ATTACHMENT 5 CERTIFICATION OF RESTRICTION ON LOBBYING.................................................................
54
ATTACHMENT 6 BUY AMERICA CERTIFICATE.....................................................................................................
55
ATTACHMENT 7 BID PROTEST PROCEDURES....................................................................................................
56
ATTACHMENT 8 SAMPLE TRANSIT OPERATIONS REPORT- CATEGORIES ONLY ..........................................
60
APPENDIX A NATIONAL TRANSIT DATABASE REPORTING REQUIREMENTS .................................................
62
APPENDIX B DRUG AND ALCOHOL TESTING REQUIREMENTS
63
........................................................................
APPENDIX C AZUSA TRANSPORTATION FLEET ROSTER.................................................................................
64
APPENDIX D RIDERSHIP AND REVENUE HOUR STATISTICS............................................................................
65
APPENDIX E OPERATIONS CONTRACT RFP COST PROPOSAL FORMAT .......................................................
66
City of Azusa 4
June 2009
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
CITY OF AZUSA
STATE OF CALIFORNIA
REQUEST FOR PROPOSALS
TRANSIT OPERATIONS SERVICES
Sealed proposals will be received by the City Clerk of the City of Azusa, 213 E. Foothill Blvd.,
Azusa, California by Monday, July 13, 2009 at 10:00 A.M. to provide day-to-day operational
services in support of the City's public transit program.
Contract documents may be inspected and/or obtained in person at the City's Public Works
Counter, 809 S. Angeleno St., Azusa, CA 91723. Phone: (626) 812-5261.
The City of Azusa hereby affirmatively ensures Disadvantaged Business Enterprises (DBE) will
be afforded full opportunity to submit proposals in response to this notice, and will not be
discriminated against on the basis of race, color, national origin, ancestry, disability, gender, or
religion in any consideration leading to the award of this contract.
Affirmative action to ensure against discrimination in employment practices on the basis of race,
color, national origin, ancestry, disability, gender, or religion will be required of each bidder.
No qualified handicapped person shall, on the basis of handicap, be excluded from participating
in, be denied the benefits of, or otherwise be subjected to discrimination in any matter leading to
the award of this contract.
The City of Azusa reserves the right to reject any or all proposals, to waive any irregularities or
informalities not affected by law, to evaluate the proposals submitted, and to award the contract
according to the proposal which best serves the interests of the City of Azusa.
Dated this 15` day of June, 2009.
Israel Del Toro, Senior Management Analyst, City of Azusa, California
Publication dates:
City of Azusa
June 2009
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
PROJECT DESCRIPTION
The City of Azusa (City) is requesting proposals from qualified and experienced proposers to
provide day-to-day operational and fleet maintenance services in support of the Azusa Transit
program. Ten (10) city -owned transit vehicles will be made available to the selected bidder.
One (1) original and four (4) copies of the proposal are to be submitted to the City Clerk of the
City of Azusa, 213 E. Foothill Blvd., Azusa, CA 91702, no later than 10:00 A.M. local time on
Monday, July 13, 2009.
GENERAL CONDITIONS
A. Limitations
This Request for Proposals (RFP) does not commit the City to award a contract, to pay any
costs incurred in the preparation of proposals in response to this request, or to procure or
contract for services or supplies. The City expressly reserves the right to reject any and all
proposals or to waive any irregularity or informality in any proposal or in the RFP procedure and
to be the sole judge of the responsibility of any bidder and of the suitability of the materials
and/or services to be rendered. The City reserves the right to withdraw this RFP at any time
without prior notice. Further, the City reserves the right to modify the RFP schedule described
above.
B. Award
The City may ask bid finalists to present an oral briefing of their respective proposal. Finalists
may be required to participate in negotiations and submit such price, technical, or other
revisions of their respective proposal as may result from negotiations. The City also reserves
the right to award the contract without oral briefings or discussion, based upon the initial written
proposals. Accordingly, each initial submittal should include most favorable terms from a price
and a technical standpoint.
C. RFP Addendum
Any changes to the RFP requirements will be made by written addenda issued by the City of
Azusa and shall be considered part of the RFP. Upon issuance, such addenda shall be
incorporated in the agreement documents, and shall prevail over inconsistent provisions of
earlier issued documentation.
D. Verbal Agreement or Conversation
No prior, current, or post award verbal conversations or agreement(s) with any officer, agent, or
employee of the City shall affect or modify any terms or obligations of the RFP, or any
agreement resulting from this RFP.
E. Pre -Contractual Expense
Pre -contractual expenses include any expenses incurred by bidders and selected contractor in:
1. Preparing proposals in response to this RFP.
2. Submitting proposals to the City of Azusa.
3. Negotiations with the City on any matter related to proposals.
4. Other expenses incurred by a contractor or proposer prior to the date of award of any
agreement.
In any event, the City shall not be liable for any pre -agreement expenses incurred by any
proposer or selected contractor. Proposers shall not include any such expenses as part of the
City of Azusa
June 2009
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
price proposed in response to this RFP. The City shall be held harmless and free from any and
all liability, claims, or expenses whatsoever incurred by, or on behalf of, any person or
organization responding to this procurement process.
F. Signature
The proposal will also provide the following information: name, title, address and telephone
number of individual with authority to bind the contractor and also who may be contacted during
the period of proposal evaluation. The proposal shall be signed by an official authorized to bind
the bidder to the proposal and contain a statement to the effect that the proposal is a firm offer
for at least a hundred and twenty (120) day period.
DEFINITIONS
The "City" refers to the City of Azusa, an entity established under the laws of the
State of California.
2. "Days" refers to business days of the City of Azusa when used in context with the
City's protest procedures and refers to working days of the federal government
when used in connection with FTA requirements/procedures.
3. The terms "file" or "submit" refer to the date of receipt by the City.
4. "Exhaustion of administrative remedies at the grantee level" refers to any action
or inaction on the part of the City, which is prejudicial to the position taken in a
written protest filed with the City. This may include, but is not limited to:
• A final City decision on the merits of the protest.
A procurement action such as the award of a contract or rejection of a
proposal despite the pendency of a protest.
City acquiescence in and active support of continued and substantial
contract performance despite the pendency of a protest.
5. "Interested party" includes all proposers on the contract or procurement. This
term may also include a subcontractor or supplier at any tier who shows that
he/she has a substantial economic interest in a provision of the Request for
Proposals (RFP) or of the interpretation of such a provision.
6. "Violation of Federal law or regulation" is defined as the infringement of any valid
requirement imposed by Federal statute or regulation, which governs the letting
of contracts pursuant to a grant agreement. However, any protests involving a
local matter and/or determinations that are clearly within the discretionary powers
of the City include, but are not necessarily limited to, determinations of
responsiveness and responsibility, the revision of specifications to incorporate
the evaluation of life -cycle costing (LCC) factors in connection with any given
procurement and determinations regarding bonding requirements. In other
words, the protestor must be able to demonstrate or establish a clear violation of
the prohibition against unduly exclusionary and restrictive specifications, or a
violation of the Buy America requirements.
City of Azusa
June 2009
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
7. "Local" refers to the City of Azusa, Los Angeles County and California. When
used in conjunction with the phrase "laws and regulations", it is construed to
mean only those laws or regulations associated with the provision of public mass
transportation and the use of public funds. It shall not be construed to include
the purchasing and/or protest procedures used by either of the aforementioned
entities.
8. "RFP" also includes the term "offer" as used in the context of negotiated
procurements.
9. "FTA" refers to the United States Federal Transportation Administration.
10. "Deadhead time/miles" refers to time and mileage expended operating revenue
vehicles in non -revenue service.
11. "Revenue Vehicles" refers to publicly owned vehicles used to operate the
service, and provided to Contractor by the City.
12. "Revenue Service" refers to scheduled public transit service transporting fare -
paying customers. Revenue Service for the fixed -route service begins upon
arrival at the first scheduled or designated bus stop and ends upon departure
from the last scheduled or designated drop off of the day. Revenue service for
the paratransit and/or dial -a -ride service begins with the first passenger pick-up
and ends when there are no longer any fare -paying passengers on -board.
Revenue service does not include lunches or layovers of more than 15 minutes.
13. "Contractor" refers to the successful proposer(s) awarded the contract for
providing the products and services described in this RFP.
14. "Headway(s)" refers to the frequency of fixed -route bus operations on any given
route.
15. "ADA" refers to the federal Americans with Disabilities Act.
16. "Farebox recovery" refers to the percentage of transit operating costs recovered
from transit users through the payment of fares.
17. "Transit Operating Costs" refers to the total costs incurred in operation of the
service.
18. "Time -transfer" and "Timed -pulse" refer to the style of fixed -route transit service
wherein trips depart and return to one central point to facilitate transferring of
passengers at set times throughout the service day.
19. "Fare Media" refers to all fare payment instruments used to board public transit
vehicles, including, but not limited to, monthly passes, punch passes, day
passes, tokens, transfers, and subsidized fare media.
20. "Overloads" refers to any situation wherein passengers wishing to board a
vehicle are turned away or optionally decline to board due to excessive crowding.
21. "Standees" refers to passengers who board but are forced to stand during
movement of vehicle due to lack of available seating.
City of Azusa
June 2009 g
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
22. "Road calls" refers to unscheduled maintenance performed at a location other
than the designated vehicle maintenance facility.
23. "Pull-outs" refers to a transit vehicle departing its first scheduled time -point in
revenue service on a new shift or service day.
24. "Trips" refers to a transit vehicle departing any scheduled time -point in revenue
service.
25. "Missed Trips" refers to a trip that begins more than fifteen (15) minutes after its
scheduled departure time or a trip scheduled as part of normal revenue service
that fails to operate.
26. "Non -Revenue Vehicles" refers to any vehicles not used in revenue service. The
City will not provide non -revenue vehicles for contractor operations as part of this
agreement.
27. "Scheduled Time point(s)" is defined as bus stops with departure times
specifically noted in either of the Cities' public information materials.
LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State of
California and Federal laws relating to proposals for service contracts of this nature, whether the
same are expressly referred to herein or not.
By submitting a proposal, the proposer certifies it will comply with all federal laws and
requirements, including, but not limited to, Equal Employment Opportunity, Disadvantaged
Business Enterprise, Labor Protection, and other laws and regulations applicable to contracts
utilizing federal funds.
INSURANCE
With respect to performance of work under this agreement, Contractor shall maintain, and shall
require all of its Subcontractors to maintain, during the life of this agreement, insurance as
described below. All insurance policies shall be issued by an admitted insurer or insurers as
defined by the California Insurance Code or an authorized surplus lines company listed on the
State of California Department of Insurance "Lesli List". Said policies shall have a Best's rating
of no less than A minus (A-). Please see Section 3.2.10 of the Professional Service
Agreement (Attachment #2) for additional information regarding insurance requirements.
Original insurance certificates and endorsements are to be delivered to:
Israel Del Toro
Senior Management Analyst
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
City of Azusa
June 2009
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
WITHDRAWAL OF PROPOSALS
No proposal may be withdrawn after the time fixed in the public notice for the receipt of
proposals, except as permitted by law.
REJECTION OF PROPOSALS
Failure to meet the requirements of the Request for Proposals (RFP) will be cause for rejection
of the proposal. The City may reject the proposal if it is incomplete, contains irregularities of any
kind, or is offered conditionally. The City reserves the right to reject any and all proposals
without cause.
Each proposal is to be prepared in such a way as to provide a straightforward, concise
delineation of the information requested. Proposals which contain false or misleading
statements, or which do not support an attribute or condition claimed by the proposer, may be
cause for rejection of the proposal. If, in the sole opinion of the City, such information was
intended to mislead the City in its evaluation of the proposal, it will be cause for rejection of the
proposal.
EVALUATION/AWARD OF CONTRACT
Evaluation and selection of proposals will be based on the qualifications and evaluation criteria
outlined in the RFP. Brochures or other promotional presentations beyond that sufficient to
submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper
or binders, and expensive visuals are not necessary, and will not affect the evaluation process.
Proposals will be evaluated by a Technical Review Committee of staff and professional
transportation practitioners. In connection with its evaluation, the City may, at its option, invite
one or more proposers to make an oral presentation to the Technical Review Committee.
During these interviews, the proposer will be allowed to present such evidence as may be
appropriate in order that the Committee can effectively evaluate all materials and documentation
submitted as a part of the proposal.
The City reserves the right to make the selection of a proposer based on any or all factors of
value, whether quantitatively identifiable or not, including, but not limited to, the anticipated
initiative and ability of the proposer to perform the services set forth herein.
The City reserves the right to reject any or all proposals, to waive any requirements, both the
City's and those proposed by the proposer; to waive any irregularities or informalities in any
proposal or the RFP process when it is in the best interest of the City to do so; to negotiate for
the modification of any proposal with mutual consent of the proposer; to re -advertise for
proposals, if desired; to sit and act as sole judge of the merit and qualifications of the service
offered; and to evaluate in its absolute discretion, the proposal of each proposer, so as to select
the proposal which best serves the requirements of the City, thus insuring that the best interest
of the City will be served. A proposer's past performance, and the assurance that it will provide
service as stipulated, will be taken into consideration as part of the proposal evaluation process.
The City may make such investigation as it deems necessary to determine the ability of a
proposer to furnish the required services, and the proposer will furnish to the City all such
information and data for this purpose as the City may request. The City reserves the right to
reject any proposal if the evidence submitted by, or investigation of, such proposer fails to
satisfy the City that such proposer is properly qualified to carry out the obligations of a contract
and to deliver the services contemplated herein or the bid of any proposer who has previously
failed to perform properly, or complete on time, contracts of a similar nature. Any material
City of Azusa
June 2009 10
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
misrepresentation or material falsification of information provided to the City in the bidder's
submission, or at any point in the bid evaluation process, including any interview conducted, is
ground for rejection of the bid. In the event that the misrepresentation or falsification is not
discovered until after any agreement is awarded, the agreement may be terminated at that time.
A determination as to whether a misrepresentation or falsification of the proposal submission is
material shall be made solely in the exercise of the City's sole discretion. The City expressly
reserves the right to reject the proposal of any entity in default on the payment of taxes,
licenses, or other moneys due to the City.
The City reserves the right to conduct a background inquiry of each proposer which may include
the collection of appropriate criminal history information, contractual and business associations
and practices, employment histories, and reputation in the business community. By submitting a
proposal to the City, the proposer consents to such an inquiry and agrees to make available to
the City such books and records as the City deems necessary to conduct the inquiry.
Proposer agrees and so stipulates in submitting this proposal, as though stated therein, and in
any subsequent award of contract that:
A. Contractor is an independent Contractor, not an employee, agent, or officer of the any of
the contracting entities.
B. If awarded, the contract shall be interpreted, construed, and given effect in all respects
according to the laws of the State of California.
C. Should the proposer be awarded the contract, Contractor shall not assign the contract,
or any part thereof, or any moneys due, or to become due there under without prior
consent of the City.
D. Contractor shall indemnify and hold harmless the City, its officers, officials, employees,
and agents from and against all claims, damages or willful misconduct, losses, and
expenses caused in whole or in part by any negligent act or omission of the Contractor,
its employees and agents, subcontractor, anyone directly or indirectly employed by any
of them, or anyone for whose acts any of them may be liable, except where caused by
the active negligence, sole negligence, or willful misconduct of the City, its officers,
agents and employees.
E. Contractor warrants that no gratuities, in the form of gifts, entertainment, or otherwise,
were offered or given by the Contractor to any officer, elected official or employee of the
City of Azusa with a view toward securing the agreement or securing favorable treatment
with respect to any determination concerning the performance of the contract. For
breach or violation of this warranty, the City shall have the right to terminate the contract,
either in whole or in part. The rights and remedies of the City provided in this clause
shall not be exclusive, and are in addition to any other rights and remedies provided by
law or under the contract.
Contractor shall hold the City harmless from liability of any nature or kind, including cost
and expenses for infringement or use of any copyrighted composition, secret process,
patented or unpatented invention, article or appliance furnished, or used in connection
with the contract.
City of Azusa
June 2009 11
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
PROPOSAL PRICING GUIDELINES
Contractor shall provide proposed fees and cost information broken out by contract year as a
part of this Request for Proposals using the attached Cost Proposal format included here as
Appendix E. Fee schedules submitted in response to this Request for Proposals shall be no
higher than the proposer's standard commercial rates for same services. The Technical Review
Committee will evaluate proposals based upon the entire term of the contract. Fees submitted
may be used as a basis of negotiation with the successful bidder.
RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the Contractor of any provisions
hereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by
the City of any breach of any provision hereof be taken or held to be waiver of any succeeding
breach of such provision or as a waiver of any provision itself.
ETHICS IN PUBLIC CONTRACTING
Each proposer, by submitting a proposal, certifies that it is not a party to any collusive action or
any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the
proposer certifies that its proposal was made without fraud; that it has not offered or received
any kickbacks or inducements from any other proposer in connection with the offer; and that it
has not conferred on any public employee, public member, or public official having responsibility
for this procurement transaction, any payment, loan, subscription, advance, deposit of money,
services, or anything of more than nominal value. The proposer further certifies that no
relationship exists between itself and the City or another person or organization that interferes
with fair competition or constitutes a conflict of interest with respect to a contract with the City.
Prior to the award of any contract, the potential Contractor may be required to certify in writing
to the City Clerk of the City of Azusa that no relationship exists between the proposer and any
City employee, officer, official, or agent that interferes with fair competition or is a conflict of
interest.
More than one proposal from an individual, firm, partnership, corporation, or association under
the same or different names may be rejected. Reasonable grounds for believing that an offeror
has interest in more than one proposal for the work solicited may result in rejection of all
proposals in which the offeror is believed to have an interest.
EQUAL EMPLOYMENT OPPORTUNITY
During the performance of the contract, Contractor agrees to the following:
A. Contractor shall comply with all the requirements, where applicable, of the California Fair
Employment Practice Commission and provisions of, when applicable, all Federal, State
of California, and City laws and ordinances related to employment practices.
B. Contractor shall not discriminate against any employee or applicant for employment on
the basis of race, religion, color, gender, age, handicap, national origin, or ancestry,
except when such a condition is a bona fide occupational qualification reasonably
necessary for the normal operations of the Contractor. The Contractor agrees to post in
conspicuous places, visible to both employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
City of Azusa
June 2009 12
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
C. Contractor, in all
solicitations or
advertisements
for employees, placed by, or on behalf
of the Contractor,
shall state that
Contractor is an
Equal Opportunity Employer.
TENATIVE RFP TIMELINE
A mandatory pre -proposal conference will be held at Azusa City Hall, Basement Conference
Room located at 213 E. Foothill Blvd., Azusa California at 1:00 PM on Tuesday, June 30, 2009.
Tentative Timeline
A. Monday, June 1, 2009
B. Tuesday, June 30, 2009
C. Friday, July 3, 2009
D. Monday, July 13, 2009
E. Wednesday, July 22, 2009
F. Monday, August 3, 2009
City of Azusa
June 2009
RFP issued
Pre -proposal conference and site visit (mandatory)
Question/clarification deadline
Proposal submittal deadline
Interviews
Council will consider staff's recommendation
13
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
1.0 PROJECT OVERVIEW
1.1 Summary
The City of Azusa currently operates a public transit program known as Azusa Transit.
The division is fully staffed by City of Azusa full-time and part-time employees. Azusa
Transit provides a Metrolink Shuttle and Dial -A -Ride service.
The Metrolink shuttle service is free of charge and is open to all transit users at the
Covina Metrolink Station. The service is a demand response service that does not follow
a fixed route. Since the composition of riders and pick up times may vary from day to
day, routes are developed each day to accommodate that day's needs. This is not a
curb -to -curb service. Pick up and drop off points are established at convenient locations
to accommodate all scheduled riders to the station on time.
The Dial -A -Ride service is limited to Azusa residents age 60+ and their spouses. Service
is currently provided 8:00 AM to 4:00 PM Monday through Friday. Non-medical
appointments are limited to Azusa city limits. Medical and Social Services appointments
serve the following communities: Azusa, Glendora, Baldwin Park, Monrovia, San Dimas,
Covina, Duarte and West Covina. Azusa Transit also operates a limited number of
community special events and local service to benefit senior citizen recreational transit
trips. The Dial -A -Ride service is based on an advanced reservation first -call first -service
system.
1.1.1 Term of Contract
Per City Council approval, the successful proposer will complete all applicable training
requirements during the months of August through September, and commence
operations as early as September 1, 2009, and operate and maintain the service for a
three-year period ending on August 31, 2012. If and only if mutually agreeable by both
parties, the contract may be extended for up to two additional years, pending City
Council approval.
The operations budget for any extension year shall be increased over that of the
preceding year by the inflation rate, as measured by either (i) the Consumer Price Index
for all urban consumers in the Los Angeles Urbanized Area (LIZA) or (ii) three and one-
tenth (3.1) percent, whichever is less.
1.1.2 Funding Availability
This contract is subject to a financial assistance contract between the City of Azusa, the
Los Angeles County Metropolitan Transportation Authority, State of California, and
Federal Transit Administration of the United States Department of Transportation (DOT).
The successful proposer is required to comply with the conditions required by all
applicable local, state, and federal regulations. In the event funding for this contract
ceases, the City reserves the right to terminate this contract in accordance with
City of Azusa
June 2009 14
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
"Termination of Contract" section within this document. In the event the specified service
levels need to be reduced, the City reserves the right to reduce service in accordance
with Section 2.3.
1.2 General Instructions
1.2.1 Competitive Selection
This procurement shall comply with all applicable City of Azusa Procurement Policies
and Procedures. Contractor selection is subject to affirmation by the City Council of the
City of Azusa.
Evaluation factors outlined in Paragraph 1.2.2 below shall be applied to all eligible
responsible and responsive bidders in comparing proposals and selecting the successful
proposal.
A bidder may be selected solely based upon the content of its proposal. Therefore,
proposals should be submitted in the most -favorable terms.
1.2.2 Selection and Evaluation Factors
Each proposal will be evaluated and ranked by the evaluation committee. Evaluation
factors to be considered, and the corresponding weight for each, are:
Ability to perform and meet the requirements (20%)
of the RFP
Experience and qualifications of the firm (20%)
Proposed/Assigned personnel (20%)
Client references (25%)
Price (15%)
The Technical Review Committee, at its sole discretion, may request an oral
presentation or discussion with the most qualified proposer(s).
1.2.3. Proposal Acceptance Period
All proposals must include a statement that proposals are valid for a minimal period of
one -hundred -twenty (120) days subsequent to the submission deadline.
1.2.4 Contract Incorporation
Bidder should be aware that the contents of its proposal as well as the City's attached
"agreement" shall become a part of the contractual documents. The terms and
conditions defined in this RFP are to be used as a basis for a contemplated contract.
Any modifications to this recommended sample contract will require prior negotiations
City of Azusa
June 2009 15
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
and approval of the City. Failure of a proposer to accept this obligation may result in the
rejections of its proposal or cancellation of any award. Any damages accruing to the
City as a result of a proposer's failure or refusal to execute an agreement with the City, if
awarded the contract, may be recovered from the Contractor.
1.2.5 Negotiations
The City reserves the right to negotiate all elements that comprise the proposal to
ensure the best possible consideration for all concerned.
1.2.6 Disadvantaged Business Enterprise (DBE)
The City has established that there is no goal, for the utilization of Disadvantaged
Business Enterprises (DBE) owned, operated, and controlled by socially and
economically disadvantaged individuals. Although there is not a DBE goal established
for this contract, it is strongly encouraged that the Contractor use, wherever possible,
DBE owned, operated, and controlled by socially and/or economically -disadvantaged
individuals.
1.2.7 Debarment, Suspension, and other Responsibilities
In order to comply with the Federal Transit Administration (FTA) policy and certification
process established by 49 CFR Part 29, as a means to ensure debarred, suspended, or
voluntarily excluded persons do not participate in a federally assisted project, proposer
must complete and submit along with proposal, certification form for the proposing prime
Contractor and any and all proposed Subcontractors, see Attachment 4.
1.2.8 Restrictions on Lobbying
In accordance with 31 USC Section 1352, Contractor hereby certifies no Federal
appropriated funds have been or will be paid by or on behalf of Contractor, to any person
for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant or loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal
amendment, or modification of Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or member of Congress in connection with the Federal
contract, grant, loan, or cooperative agreement, Contractor shall complete and submit
standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its
instructions, see Attachment 5.
The Contractor shall require the language of this certification be included in the award
documents for all sub awards at all tiers, and that all Subcontractors shall certify and
disclose accordingly.
City of Azusa
June 2009 16
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
The Proposer/Contractor shall require that the language of this certification be included
in any subcontract exceeding $100,000.00 at any tier and that any such Subcontractor
shall certify and disclose accordingly.
1.2.9 Buy America
Contractor must complete the Buy America Certificate (Attachment 6) to comply with
Section 165 (a) of the Surface Transportation Assistance Act of 1982, as amended, and
the applicable regulations in 49 CFR Part 661.
1.2.10 Audit
The City reserves the right to make a pre -award audit of the selected applicant's
proposed fees, rates, and costs to determine if they are fair and reasonable.
1.3 Proposal Format
Please provide enough detail for the Technical Review committee to score your
proposal. Each submittal must address each of the items included within Section 1.3.1
(Ability to Perform) and Section 1.3.2 (Experience and Qualifications). All requested
information must be supplied. Failure to submit a complete proposal shall be grounds for
a determination of non -responsiveness, and rejection of the proposal.
Each submittal shall include:
A. Cover Letter: Each proposal shall include a cover letter that identifies the firm,
address, phone number and contact person of the firm. The cover letter must
include acknowledgement of all addenda, and provide a statement that the
proposal is valid for a minimum period of ninety (90) days subsequent to the
proposal submission date.
The cover letter must include the original signature of an individual with the
authority to negotiate on behalf of and to contractually bind the proposer, and who
may be contacted during the period of proposal evaluation.
B. Table of Contents: A listing of major sections in the proposal and associated page
numbers.
C. Introduction. In this section, the proposer should demonstrate an adequate
understanding of the project, the City's expectations regarding same, and the
proposer's relationship with the City.
D. Technical Approach (Section 1.3.1).
E. Project Management.
F. Contractor Staff/Subcontractor Staff (Section 1.3.2).
G. Qualifications and References.
H. Cost Proposal (Section 1.3.3).
City of Azusa
June 2009
17
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
I. Provide proof of required insurance either in the form of a Certificate of Insurance
or in the form of a commitment letter from an insurance carrier or licensed
insurance agent.
J. Complete and submit, along with proposal, the appropriate Certification forms.
K. Execute and submit acknowledgment of any addendums pursuant to this RFP.
1.3.1 Ability to Perform and Meet Requirements of the RFP
The proposer shall provide sufficient information to enable the Technical Review
Committee to evaluate the proposer's ability to perform and meet the requirements of
this RFP.
Such information shall include, but not be limited to, the following:
A. Describe your firm's approach, capacity, and management philosophy for operation
of this service for which your firm wishes to be considered.
B. Describe your hiring/screening procedures for the selection of professional bus
operators. Describe classroom and behind -the -wheel training and support
personnel training programs. Describe your firm's recurring safety program.
C. Describe a communication skills improvement program to be implemented by your
firm to facilitate communications between drivers and transit customers.
D. Describe your supervisory and dispatch operation. Provide samples of forms to be
utilized in this effort. Provide examples of how information based on events in the
field (operations and/or maintenance) is communicated, acted upon, and finalized
in performance reports. Discuss your firm's internal approach to ensuring the
validity of data collected.
E. Describe your firm's methodology for assessing on-time performance. Discuss your
firm's approach to ensuring the validity of data collected throughout this process.
F. The City intends for the Contractor to be responsible for all fare collection and
reconciliation activities, safeguarding and depositing all fare revenues into a
dedicated account as directed by the respective municipality, and for all
fare/revenue reporting. Discuss your firm's approach to ensuring the validity of
data collected throughout this process.
G. Describe your approach to data collection, record keeping, and reporting to comply
with National Transit Database Report (NTD) requirements. Provide a sample of
the monthly reports that would be submitted. Discuss your firm's approach to
ensuring the validity of data collected throughout this process.
H. Describe your firm's vehicle cleaning procedures. Include frequency, equipment,
and staffing details. Include a description for interior and exterior cleaning.
Provide a sample schedule and checklist.
I. Describe how the project operations will be monitored, and at what level of
frequency.
J. Include a detailed implementation plan. This plan shall address the activities and
procedures that will be followed to ensure the smooth transition and start-up of the
City of Azusa
June 2009 18
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
service to. The plan should also document recruitment and training schedules, start-
up plan, acquisition of necessary equipment, permits, licenses, and any other
activities required.
1.3.2 Experience and Qualifications of the Firm and Personnel
A. Describe your firm's corporate/regional organizational structure and what
resources will be available to support the intended service or services. Be
specific regarding level of effort, staffing, location, etc.
B. Identify by name all project management/supervisory personnel proposed for
assignment to the individual project. Discuss your firm's strategy for ensuring the
named personnel remain assigned to this project. For each individual named,
provide the following:
• Resume,
• Qualifications,
• Academic and professional training, including accreditation(s), and
• Any other information deemed relevant.
C. Identify by title, scope of duties, and proposed wage levels for any personnel
proposed for assignment to the individual project. Provide an organizational
chart showing chain of command, scope of duties, and percent of time to be
assigned to the specific/individual project.
Describe in detail your firm's experience in providing publicly contracted fixed -
route and/or demand -response service. Present up to five (5) examples of
publicly -funded transit projects similar in scope. For each, provide the following:
• Name of the agency,
• Name of contact person, title and phone number,
• Term of contract,
• Number of vehicles,
• Number of annual revenue hours,
• Contract amount, and
• Indicate length of association. If no longer a client, discuss why.
D. Discuss in detail any restrictions, exceptions, or accommodations that may
impact your firm's successful provision of public transportation contracting
services to the City.
1.3.3 Reasonableness of the Price Proposal
Firm fixed -unit prices per total revenue hours are requested for the term of the Contract.
Proposer shall use the City -provided form in Appendix E to submit a firm fixed -unit
PRICE PER REVENUE HOUR for the operation of the Metrolink Shuttle Service and the
City of Azusa
June 2009 99
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
Dial -A -Ride service. The bidders firm fixed rate per revenue hour shall be "ALL
INCLUSIVE" and reflective of the scope of services.
Each holder shall formulate and base its prices as per the information (projected hours)
in Section 2.1 (Description of Service).
2.0 SCOPE OF SERVICES
2.1 City of Azusa Transit --Description of Service
Dial -A -Ride Service
The City of Azusa operates a public transit service known as Azusa Dial -A -Ride. Azusa
Transit is open to seniors (age 60 years and older) and persons unable to independently
use the public transportation system, and currently consists of 7:30 AM to 5:30 PM
Monday through Friday and 8:00 AM to 4:00 PM, curb -to -curb, shared -ride service
serving upwards of 2,200 passengers/month. Azusa Transit also operates a limited
number of community special events and local service to benefit senior citizen
recreational transit trips. The City has four (4) vehicles operating 9 -hours a day on
weekdays for Dial -A -Ride services.
Regular Fares and Coverage: Non-medical appointments (excepting Social Service
Offices) are limited to the Azusa City limits. Medical and Social Services appointments
receive first priority. The single -ride cash fare is fifty cents ($0.50) for all rides within the
designated boundaries of Azusa, Covina, Duarte and Glendora (Group 1, See Map on
Page 21); and one -dollar fifty cents ($1.50) to Monrovia, Baldwin Park, San Dimas and
West Covina (Group 2, See Map on Page 21).
Senior Center Lunch Program: Group transportation is available for those who wish to
participate in the Senior Center Nutrition Program. Daily pick-up times may vary slightly
depending on the location and passenger load for the day. There is a special group
charge for this ride of twenty-five cents ($0.25) per round trip. This program is open to
residents within the City of Azusa boundaries.
Service is not available on the following holidays: New Year's Day, Martin Luther King
Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus day,
Veteran's Day, Thanksgiving Day and Christmas Day.
Service shall be limited to standing orders and next day service, with same day service
possible based on availability. Same day return trips and same day special or
emergency requests from the Azusa Senior Center Staff or Public Works Staff will
receive priority over regular requests for same day service.
The Contractor must obtain and keep current all required licenses and permits to
operate in the City of Azusa as defined by contract scope of services.
Contractor provides drivers, dispatchers, trainers, vehicle maintenance, day-to-day
oversight for the City of Azusa's public transit program. Contractor will also meet and
provide local, state and federal reporting requirement and oversight of mandatory
inspections.
City of Azusa
June 2009 20
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
City of Azusa
June 2009
21
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
Metrolink Shuttle Service
The City of Azusa operates a demand response public transit service known as Azusa
Transit Metrolink Shuttle Service. Since the composition of riders and pick up times may
vary day to day, routes are developed each day to accommodate that day's needs. Pick
up and drop off points are established at the closest convenient location to
accommodate getting all scheduled riders to the station on time. Due to the logistics of
getting everyone to the station on time, the driver doest not wait for latecomers.
2.2 Adjustment to Service
The City reserves the right to adjust service at any time without any adjustment to the
unit cost per revenue hour with the Contractor. Modifications to services may include,
but are not limited to, extending, deleting, or adding routes, or parts of routes, and
expanding or decreasing revenue hours.
In the event actual annual revenue hours fall below eighty percent (80%) or exceed one
hundred twenty percent (120%) of the total projected annual revenue hours, the City
reserves the right to negotiate a revised unit cost per revenue hour with the Contractor.
2.2.1 Special Services
The Contractor from time to time may be required to provide special event -related
services. Special event services may vary from year to year. Special event services
shall be billed at no more than the agreed upon firm -fixed unit cost.
2.3 Drivers
2.3.0 City of Azusa's Staff Retention
The Contractor is required to first offer employment to all qualified drivers and
dispatchers that were/are employed by the City of Azusa. Priority for full-time
classification and medical/retirement benefits is given to full-time staff. Hourly
compensation must be a minimum of $12.50 per hour. If it is determined by the
contractor that the previously employed City staff member is not qualified or exhibits
performance/interpersonal deficiencies; a recommendation for a refusal to hire or
termination must be provided to the Public Works Director. The Public Works Director
will ultimately determine whether refusal to hire or termination is warranted and
executed.
2.3.1 Qualifications/Standards
The Contractor shall conduct an adequate background check on each driver to ensure
all drivers meet the following standards and are qualified to perform public transportation
services:
A. All operators must be employees (full or part-time) of the Contractor. The
Contractor may not sub -contract with individuals to execute trip assignments.
City of Azusa
June 2009 22
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
B. Continuous possession of a valid driver's license, a California DMV Transit
Certificate, passenger endorsement, air brake endorsement, and current
possession of a Class A or B license.
C. Not more than two moving violations in the past five years and no DWI/DUI
convictions within the last seven years.
D. Demonstrated command of the English language, both oral and written.
E. Sensitivity to customer needs.
F. Ability to resolve complaints and problems as required.
G. No felony conviction history.
H. Must pass Federal Drug and Alcohol Testing regulations (see Appendix B).
2.3.2 Training
Contractor shall be responsible for all aspects of training, including the provision and
payment for the required training.
Contractor must provide an orientation and training plan outlining how drivers with recent
transit bus operating experience shall be trained in transit operations in order to ensure
that these new experienced drivers are trained to an equivalent level as the new trainee
program required below.
All drivers without recent transit bus operations experience, hired by the Contractor must
attend, at a minimum, the following training:
A minimum of eighty (80) hours of training per driver, of which at least thirty-two (32)
hours shall be behind the wheel of a vehicle, including at least eight (8) hours of system
and route training/orientation. This training must be completed before a driver can enter
unsupervised revenue service.
Within this required training period, Contractor shall instruct drivers in at least eight (8)
hours of disability awareness sensitivity training, which includes ADA regulations and
procedures; four (4) hours of sexual harassment training; eight (8) hours of passenger
control/difficult passenger training; eight (8) hours of defensive driving training. The City
reserves the right to review all training materials, and to monitor training sessions. The
Contractor shall arrange and pay for this training.
Contractor shall be required every year to ensure all operating personnel associated with
this contract receive at least the required sixteen (16) hours of special Department of
Motor Vehicles training and eight (8) hours of recurrent "transit certificate" training.
The cost of driver wages during all training shall be borne by the Contractor.
Contractor shall be required to ensure all operators and dispatch staff is aware of proper
customer communication practices required for courteous customer assistance.
City of Azusa
June 2009 Y3
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
Contractor shall ensure all operators complete training prior to their operation of a
vehicle in revenue service. The Contractor will also be responsible for providing remedial
training for any driver who demonstrates an absence of appropriate skills.
Training during and subsequent to training for new hires, such as recurrent training and
retraining, shall be conducted by the Contractor. The Contractor shall be required to
have an Operator Development Program in place to address all operator related training
needs. The City shall inform the Contractor in writing of any changes in operating
procedures; the Contractor will be responsible for any training at its cost for existing
operators which are needed as a result of changed procedures.
Written documentation of all training, including new hires, recurrent, and retraining shall
be maintained by the Contractor and furnished to the City or its representative upon
request.
All training programs shall be subject to City approval within a reasonable timeframe.
2.3.3 Uniform Specifications and Appearance Standards
a. Uniform Specifications
The Contractor shall develop a dress code that will be subject to City approval. Such
dress code will feature, at a minimum, both shirt/blouse and slacks (standardized
dress shorts permitted with City prior approval). Drivers shall wear name tags clearly
displaying their names at all times while performing their duties. Uniforms shall clearly
display (separately) both the name of the contracting firm and name of the transit
service. Each driver shall have an accurate timepiece available and in clear sight at
all times during vehicle operations.
This code shall include shoes that shall be solid, plain -toe military style oxford, Low-
cut and high -top tennis shoes are not permissible. Suede shoes, sandals, cleated, or
open -toe shoes will not be permitted.
Consideration for safety must be applied to all dress code elements.
b. Appearance Standards
At all times while on duty, drivers shall be well-groomed, clean and in complete
uniform. Drivers shall conform to the following standards of appearance at all times
while on duty or when in uniform. All drivers must be neat in appearance, no visible
tattoos and body piercings, uniform clean and pressed, shoes shined, hair clean and
neatly cared for.
2.3.4 Removal
The City may require the Contractor to immediately, pending investigation, remove any
driver from service for any one of, but not necessarily limited to, the following:
City of Azusa
June 2009 Y4
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
A. Committing unsafe or inappropriate acts while providing service.
B. Revocation, suspension; or non -renewal of a valid California driver's license.
C. Conviction of any felony criminal offense.
D. Unacceptable customer service as reported by customers, other drivers, or
directly observed by City staff or agents thereof.
E. Non-compliance with City -specified appearance standards.
2.4 Personnel
The Contractor shall furnish all operators, porters/bus washers, mechanics, dispatchers,
supervisors, administrative personnel, and other personnel services necessary for
providing the transportation service in accordance with this Contract.
The City reserves the right to review the resumes of management personnel assigned to
this Contract. Contractor's project manager shall meet with the City's representative as
required (but not less than monthly).
As part of this proposal, bidders shall include proposed driver, dispatch, training and
safety manager, road supervisors, support personnel, and project manager wage and
benefit packages, which will be offered to each of the above employment classifications
upon contract commencement.
2.4.1 Required Management Personnel
The City requires one (1) Project Manager on duty during all service hours. A
Training/Safety Manager— Road Supervisor is also required during all service hours.
The Contractor shall provide road supervision personnel on duty prior to driver rollout to
assure complete route coverage/schedule adherence. All cleaning and other personnel
that work after service hours shall be appropriately supervised.
Proposers must include complete employment history and resume materials for the
project manager being proposed. This position is critical to the success of the operation
and significant scrutiny of the proposed project manager is to be expected.
2.4.2 Supervision
Contractor shall provide a qualified supervisor at all times during program operations to
provide continuous daily street supervision of contracted service including the monitoring
of schedule adherence, on -street operation, and on -route compliance. This supervision
will include conducting ride checks (on -board) to ensure operator adherence to
procedures (i.e., fare collection, ADA compliance, and customer relations). Such
supervision will also include responses to investigation of accidents. The City also
reserves the right to provide similar investigations and adherence checks of its own
without notice to ensure compliance with terms of the Contract.
City of Azusa
June 2009 25
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
2.4.3 Dispatching/Radio Control
The City will equip its transit vehicles with appropriate communication equipment (i.e.,
radios). The Contractor will provide adequate dispatch and radio monitoring personnel
to enable effective driver/vehicle assignments and prompt responses to driver and/or
vehicle problems, which could impact transit service. The Contractor provides the base
station and accessories. The Contractor is expected to ensure that the equipment
provided is well maintained and functioning.
2.4.4 Safety and Security
The Contractor shall take all -reasonable and necessary precautions to provide security
for any equipment provided by the City, as well as for records of all transit operations.
Contractor shall be responsible for safety and security of passengers during operations
and for all related equipment and facilities. Contractor shall include specific procedures
in the proposal, which define the safety and security program for transit service. Safety
and organizational meetings shall be held with all employees at least once per month.
Contractor shall report all hazardous conditions (e.g., trees, signs, road conditions, etc.)
within the respective service area to the City and any other appropriate authority and take
necessary precautions to safeguard passengers, personnel and equipment.
Contractor shall not permit drivers to bear weapons of any type (pocket knifes are
exempt only if the blade is no longer than two inches) on Contractor, or City property,
facilities, or onboard vehicles while operating a vehicle under the terms of this
agreement.
2.4.5 Injury and Illness Prevention Plan
Contractor shall maintain and provide a copy of the firm's Injury and Illness Prevention
Plan in compliance with Title 8 of the California Code of Regulations, Sec. 3203.
2.5 City -Owned Vehicles
A. The Contractor shall be initially provided 10 air conditioned vehicles. An adequate
number of vehicles will be made available to the Contractor to assure at least a
twenty percent spare ratio. Contractor may utilize City -owned vehicles for driver
training. See Appendix C for Fleet Roster.
B. The City shall pay for all repairs unless the repairs arise/result from Contractor
negligence.
The City reserves the right to add/subtract or substitute vehicles for those described
above.
The City will not provide Contractor with any non -revenue vehicles to conduct daily
non -revenue service tasks. Contractor shall be responsible for providing any non -
City of Azusa
June 2009 26
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
revenue vehicles that may be desired for running of errands, field review of
operations, or shuttling of drivers, etc.
2.5.1 Transition of Vehicles to New Contractor
The City and incoming contractor will jointly inspect each vehicle, and sign off on the
original inspection sheet from when the Contractor originally inspected and accepted the
vehicles. Once the City has accepted the vehicles an inspection acceptance form will be
entered into at that time.
2.5.2 Operating Mode
The City will provide all vehicles. The Contractor is required to provide the necessary
drivers, mechanics, supervisory/management services, and all other goods and services
needed to provide the services described in this Scope of Services unless expressly
stated that such goods and services will be provided by the City.
2.6 Facilities
Contractor shall occupy and perform services as required by this RFP from an
appropriately zoned and equipped location within fifteen (15) statute miles of Azusa City
Yard. Said facility shall be used for the storage, maintenance, and servicing of all
vehicles associated with this contract.
2.6.1 Vehicle Maintenance
The Contractor will be responsible for all vehicle maintenance. Such maintenance shall
be performed at an appropriate facility provided by the Contactor.
Regular preventive maintenance inspections are to be conducted every 45 days or every
3,000 miles, whichever comes first.
Engine oil and filter, and fuel filters, will be changed at every 6,000 -mile inspection.
Transmission oil and filters will be changed at every 12,000 -mile inspection.
A preventive maintenance wheelchair lift inspection will be performed every 6,000 miles.
A preventive maintenance air conditioning inspection will be performed every 6,000
miles.
Failure by the Contractor to maintain the City -furnished vehicles to maintenance
standards as defined by the manufacturer's technical manual may result in the vehicles
being repaired by the City at the Contractor's expense. Contractor shall be required to
perform all routine preventive maintenance, heavy repair, and running repairs necessary
to keep City -furnished vehicles in a safe, reliable and well-maintained condition, assuring
that all on -board systems are fully functional and operational. The City shall conduct, at
a minimum, an annual inspection of the vehicles.
City of Azusa
June 2009 Y7
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
2.6.2 Fuel
The City will provide Voyager fuel cards for each of the vehicles and incur the cost of
fuel.
2.7 Software/Hardware
The Contractor will be required to supply all administrative office software, and all
computer hardware associated with this contract.
2.7.1 Fare Collection
The Contractor shall collect the fares and charges as established by the City. Fare
collection and all security -related measures shall be solely the responsibility of the
Contractor. The Contractor shall be required to provide the following materials or
information:
A. Documentation showing fares collected which shall be reported monthly (by day)
and route/service.
B. Fare boxes shall be provided by the City and maintained by the Contractor.
The City reserves the right to approve any fare collection system implemented
throughout the contract term. The City reserves the right to examine the books of fares
collected at its discretion, including retaining the services of an independent third -party
auditor.
2.8 Equipment Condition
Vehicles placed in service by Contractor must, without exception:
A. Be cleaned daily inside and outside.
B. Vehicle floors will be swept and mopped daily.
C. Driver area will be wiped down. This shall include, but not be limited to, dash
controls, dashboard, above the driver area, and along the front dashboard.
D. Have fully operational heating and air conditioning, wheelchair lifts, securement
belts, flip seats, radios, fareboxes, and destination signs.
E. Be free of body damage, have no missing or unpainted panels.
F. Be free of graffiti on the exterior and the interior.
G. Have all safety items fully operational (i.e., lights, brakes, horn, tires, wheelchair
tie downs, seat belts, etc.)
H. No vehicle shall be cannibalized for parts for any reason without prior written
consent of the City.
City of Azusa
June 2009 Y8
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
2.9 Data
2.9.1 Daily Statistics
The following information will be provided on a daily basis.
A. Summary of driving and industrial accidents and incidents for previous day.
B. Wheelchair boardings attempted/successful for the previous day.
C. Number of late/missed trips for previous day and the cause.
D. Number of overloads experienced for the previous day.
Written accident reports must be submitted to the City within 24 hours of the incident.
2.9.2 Weekly Reports
The daily statistics shall be aggregated to a weekly and month -to -date basis and a report
provided to the City on a monthly basis. In addition to the daily indicators, ridership
counts segregated by service, service type, and route as well as the number and type of
complaints received for the week must be included in the weekly report.
2.9.3 Monthly Reports
The following performance indicators must be reported monthly.
A. Miles between road calls,
B. Miles between maintenance road calls,
C. Number and percentage of missed/late pull-outs,
D. Number and percentage of missed/late trips,
E. Number and percentage of on-time performance,
F. Number of complaints/1,000 passengers,
G. Total accidents/100,000 miles,
H. Collision accidents/100,000 miles,
I. Total preventable accidents/100,000 miles,
J. Passenger accidents per 100,000 miles,
K. Wheelchair boardings,
L. Drug and Alcohol tests,
M. Driver/Dispatcher Training Activities,
N. Driver Evaluations, and
O. Ridership counts by day, mode, route, and fare type.
City of Azusa
June 2009
29
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
2.9.4 Customer Complaints
Contractor will contact by telephone, or follow up with written correspondence if
necessary to the complaint. If an investigation is required, Contractor will conduct an
investigation and the initiator will be contacted by telephone or written correspondence
regarding the results of the investigation. Contractor shall respond to customer
complaints within one (1) business day of receipt. The Contractor will be required to
track and report to the City all complaint information within twenty-four (24) hours of
receipt of complaint.
2.9.5 NTD Reporting
All public transit service provided under this Agreement must be reported annually to the
Federal Transit Administration (FTA) in a completed National Transit Database (NTD)
report. As part of the annual NTD reporting requirement, the Contractor shall conduct
on -board data sampling each year as directed by the FTA/NTD, to statistically compute
valid passenger mile data. The Contractor agrees to use the technique described in
FTA Circular C 2710.1A (dated July 18, 1988). The Contractor shall submit the daily
random -sample trip sheets no later than the tenth (10th) calendar day for the previous
month's sampled trips to METRO and the City. The Contractor shall prepare a quarterly
report of the randomly selected trips to be submitted to METRO and the City no later
than thirty (30) days after the end of each quarter and prepare an annual summary to be
submitted to METRO and to the City no later than thirty (30) days after the end of the
fiscal year. Contractor shall be responsible for ensuring that all reported NTD data
meets FTA requirements and definitions. Contractor shall be responsible for maintaining
the most recent NTD data collection procedures. The monthly, quarterly, and annual
reports shall be considered missed if not submitted to METRO and the City by the tenth
(10"') calendar day or thirty (30) days after the end of the quarter or fiscal year,
respectively, and be considered a cause for termination (default) of this Contract.
Contractor shall conduct any mandatory sampling that NTD may require of the City at
any time during the resulting contract term.
2.9.6 Drug -Free Workplace Policy
The Contractor is required to develop and implement procedures that comply with the
City's Drug -Free Workplace Policy and applicable FTA requirements. (Refer to Appendix
B.)
2.9.7 Performance Specifications
All performance specifications will be strictly adhered to in order to provide the highest
level of service possible. The City reserves the right to monitor the Contractor in its
performance of the Contract to ensure all performance specifications are adhered to.
To receive full compensation, the Contractor is required to meet or exceed the following
standards of performance on a monthly basis:
Operating Performance Standards - Vehicles shall be operated with due
regard for the safety, comfort, and convenience of passengers and the
City of Azusa
June 2009 30
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
general public. Service shall be provided as scheduled or according to any
adjusted schedule established by the City, including route modifications
required as a result of a declared emergency.
Personnel Performance Standards - Regularly assigned drivers must be
available at all times of transit operation to ensure consistent and reliable
service under the Contract.
All personnel are responsible for knowledge of the service. Project personnel
must maintain a courteous attitude, answering to the best of their ability, any
questions from the public regarding the provision of service. Customer
service training must include a focus on positive customer relations.
Personnel must report customer complaints and/or operational problems to
the Contractor's project manager who will be responsible to inform the City.
All customer complaints must be reported to the City within twenty-four (24)
hours of being received.
2.10 Marketing and Public Relations
The City shall be responsible for all marketing and public relations activities relating to its
public transit program.
The City shall furnish all schedules, maps, transfers, passes and other printed materials
required for marketing the service. The Contractor shall distribute onboard notices,
cooperate and participate in marketing, promotion, advertising, public relations, and
public education programs and projects undertaken by the City from time to time. The
City shall be the exclusive public media contact in connection with the transit program.
Under no circumstances shall the Contractor or its employees be permitted to distribute
any unauthorized printed or written materials without prior written permission.
2.10.1 Advertising on Vehicle Exterior and Interior
The City may, during the course of this Contract, require the Contractor to allow vendors
contracted by the City access to vehicles assigned to this contract to install and remove
advertising material.
2.10.2 Signage
Contractor shall display required head signage, in plain view, in all transit vehicles, while
in revenue service.
2.11 Operating During an Emergency
In the event of an emergency, the Contractor shall deploy vehicles in a manner
described by the City. Emergency service does not constitute an expansion of service.
The City shall be obligated to compensate the Contractor for emergency service that
significantly exceeds the normal expense of operating the transit service during such
period of declared emergency.
City of Azusa
June 2009 31
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
ATTACHMENTS
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5:
Attachment 6:
Attachment 7:
Attachment 8:
APPENDICIES
Appendix A:
Appendix B:
Appendix C:
Appendix D:
Appendix E:
City of Azusa
June 2009
Federal Requirements
Standard Contract
Certification of Primary Participant Regarding Debarment,
Suspension and Other Responsibility Matters
Certification of Lower Tier Participants Regarding Disbarment,
Suspension, and Other Ineligibility and Voluntary Exclusion
Certification of Restrictions on Lobbying
Buy America Certificate
Bid Protest Procedures
Sample Transit Operations Report
NTD Reporting Requirements
Drug & Alcohol Testing Program
Fleet Roster
Ridership and Revenue Hour Statistics
Cost Proposal Format
32
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
ATTACHMENT
FEDERAL REQUIREMENTS
COMPLIANCE WITH FEDERAL REQUIREMENTS. The Proposer's attention is called to the
fact this contract is subject to a financial assistance contract between the City, the Los Angeles
County Metropolitan Transportation Authority ("METRO") and the Federal Transit Administration
of the United States Department of Transportation ("DOT"). The contract to be let, therefore, is
subject to the terms of the contract between the City and the Los Angeles County Metropolitan
Transportation Authority. The successful bidder is required to comply with the conditions
required by applicable federal and local regulations.
The Contractor understands Federal laws, regulations, policies, and related administrative
practices applicable to this contract on the date the contract was executed may be modified
from time to time. The Contractor agrees the prevailing Federal requirements will govern the
administration of this contract at any particular time, except if there is sufficient evidence in the
contract of a contrary intent. Such contrary intent might be evidenced by express language of
this contract or a letter signed by the Federal Transit Administrator the language of which
modifies or otherwise conditions the text of a particular provision of this contract. Likewise, new
Federal laws, regulations, policies, and administrative practices may be established after the
date the contract has been executed and may apply.
1.0 DISADVANTAGED BUSINESS ENTERPRISE (DBE)
1.1 Contract Assurance
The Contractor or Subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The Contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of DOT -
assisted contracts. Failure by the Contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or
such other remedy as recipient deems appropriate.
1.2 Prompt Payment
1.2.1 Satisfactory Performance
The Contractor agrees to pay each Subcontractor under this contract for satisfactory
performance of its contract no later than ten (10) days following the receipt of each
payment the contractor receives from the City. Any delay or postponement of payment
from the above referenced time frame may occur only for good cause following written
approval of the City. This clause applies to both DBE and non -DBE subcontractors.
1.2.2 Release of Retainage
The City may hold retainage from the Contractor and provide for prompt and regular
incremental acceptances of portions of the Contract, pay retainage to the Contractor
based on the acceptances, and include a contract clause obligating the Contractor to
City of Azusa
June 2009 33
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
pay all retainage owed to all Subcontractors for satisfactory completion of the accepted
work within thirty (30) days after receipt of the retainage. This clause must require the
prompt release of retainage payments from the Contractor to the Subcontractor within a
specified number of days after the subcontractor's work is satisfactorily completed.
2.0 STANDARD DOT TITLE VI ASSURANCES
During the performance of this Contract, the Contractor for itself, its assignees
and successors in interest (hereinafter referred to as the "Contractor') agrees as follows:
2.1 Compliance with Regulations
The Contractor shall comply with the Regulations relative to nondiscrimination in
federally -assisted programs of the Department of Transportation (hereinafter "DOT')
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to
time (hereinafter referred to as the "Regulations"), which are herein incorporated by
reference and made a part of this Contract.
2.2 Nondiscrimination
The Contractor, with regard to the work performed by it during the Contract, shall not
discriminate on the ground of race, color, religion, sex, age, handicap, or national origin
in the selection and retention of equipment. The Contractor shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
including employment practice, when the Contract covers a program set forth in
Appendix B of the Regulations.
2.3 Solicitations for Subcontract, Including Procurements of Materials and Equipment
In all solicitations either by competitive bidding or negotiation made by the Contractor for
work to be performed under a subcontract, including procurements of materials or leases
of equipment, each potential subcontractor or supplier shall be notified by the Contractor
of the Contractor's obligations under this Contract and the Regulations relative to
nondiscrimination on the grounds of race, color, religion, sex, age, handicap, or national
origin.
2.4 Information and Reports
The Contractor shall provide all information and reports required by the Regulations or
directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by City of
Azusa or the FTA to be pertinent and to ascertain compliance with such regulations,
orders and instructions. Where any information required of a Contractor is in the
exclusive possession of another who fails or refuses to furnish this information, the
Contractor shall so certify to City or to the FTA, as appropriate, and shall set forth what
efforts it has made to obtain the information.
2.5 Sanctions for Noncompliance:
City of Azusa
June 2009 34
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
In the event of the Contractor's noncompliance with the nondiscrimination provisions of
this Contract, the City shall impose such Contract sanctions as it or the FTA may
determine to be appropriate, including, but not limited to:
A. Withholding of payments to the Contractor under the Contract until the Contractor
complies, and/or
B. Cancellation, termination, or suspension of the Contract, in whole or in part.
2.6 Incorporation of Provisions
The Contractor shall include the provisions of Sections 2.1, Compliance with
Regulations, through 2.6, Incorporation of Provisions, in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the Regulations,
or directives issued pursuant thereto. The Contractor shall take such action with respect
to any Subcontract or procurement as the City or the FTA may direct as a means of
enforcing such provisions including sanctions for noncompliance; provided, however,
that in the event a Contractor becomes involved in, or is threatened with, litigation with a
Subcontractor or supplier as a result of such direction, the Contractor may request the
Cities to enter into such litigation to protect interests of the Cities and, in addition, the
Contractor may request the United States to enter into such litigation to protect the
interests of the United States.
3.0 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the execution of this Contract, the Contractor shall not discriminate
against any employee or applicant for employment because of race, religion, color, sex,
age or national origin. The Contractor shall take affirmative action to ensure applicants
are employed, and that employees are treated during employment without regard to their
race, color, religion, sex, age, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. Contractor further
agrees to insert a similar provision in all Subcontracts, except Subcontracts for standard
commercial supplies or raw materials.
4.0 AUDIT AND INSPECTION OF RECORDS
The Contractor agrees that the City, the Comptroller General of the United States, or any
of their duly authorized representatives, shall, for the purpose of audit and examination
be permitted to inspect all work, materials, payrolls, and other data and records with
regard to the project, and to audit the books, records, and accounts with regard to the
project.
5.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
REQUIREMENTS
Contractor agrees to comply with all applicable standards, orders of requirements issued
under Section 306 of the Clean Air Act [42 USC 1857 (h)], Section 508 of the Clean
Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection
City of Azusa
June 2009 35
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
Agency ("EPA") regulations (40 CFR, Part 15) which prohibit the use under nonexempt
Federal contracts, grants or loans, of facilities included on the EPA list for Violating
Facilities. Contractor shall report violations to FTA and to the EPA Assistant
Administrator for Enforcement.
6.0 ENVIRONMENTAL, RESOURCE CONSERVATION, AND ENERGY REQUIREMENTS.
6.1 Environmental Protection
Contractor agrees to comply with the requirements of the National Environmental Policy
Act of 1969, as amended, 42 USC Section 4321 et seo; Section 14 of the Federal
Transit Act, as amended, 49 USC app. — Section 1610; the Council on Environmental
Quality regulations, 40 CFR Part 1500 et sea.; and the joint FHWA/FTA regulations,
"Environmental Impact and -Related Procedures," at 23 CFR Part 771 and 49 CFR Part
622.
6.2 Air Pollution
The Contractor agrees to comply with the joint FHWA/FTA regulations, "Air Quality
Conformity and Priority Procedures for Use in Federal -Aid Highway" and 49 CFR Part
623. The Contractor assures that any facilities or equipment acquired, constructed, or
improved as a part of the project are or will be designed and equipped to limit air
pollution as provided in accordance with the following EPA regulations: "Control of Air
Pollution from New and In -Use Motor Vehicles Engines," 40 CFR Part 85; "Control of Air
Pollution from New and In -Use Motor Vehicles and New and In -Use Motor Vehicles
Engines.- Certification and Test Procedures," 40 CFR Part 86; and "Fuel Economy of
Motor Vehicles," 40 CFR Part 600; in accordance with applicable Federally -approved
State Implementation Plan(s) (in particular, the Transportation Control Measures); and in
accordance with applicable Federal regulations, directives and other standards.
6.3 Energy Conservation
The Contractor shall comply with mandatory standards and policies relating to energy
efficiency that are contained in applicable State Energy Conservation Plans issued in
compliance with the Energy Policy and Conservation Act, 42 USC Section 6321 at sea.
6.3.1 Mitigation of Adverse Environmental Effects
Should the proposed Project cause adverse environmental effects, the Contractor
agrees to take all reasonable steps to minimize such effects pursuant to 49 USC app.
Section 161 0, all other applicable statutes, and the procedures set forth in 23 CFR Part
771 and 49 CFR Part 622. The Contractor agrees to undertake all environmental
mitigation measures that may be identified as commitments in applicable environmental
documents (such as environmental assessments, environmental impact statements,
memoranda of agreements, and statements required by 49 USC Section 303) and with
any conditions imposed by the Government as part of a finding of no significant impact
or a record of decision; all such mitigation measures are incorporated in and made part
of this Agreement by reference.
City of Azusa
June 2009 36
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
6.3.2 Recycled Products - Applicability to Contracts
The Recycled Products requirements set forth in 42 USC 6962, 40 CFR Part 247,
Executive Order 12873, apply to all contracts for items designated by the EPA, when the
purchaser or contractor procures $10,000.00 or more of one of these items during the
fiscal year, or has procured $10,000.00 or more of such items in the previous fiscal year,
using Federal funds. New requirements for 'recovered materials" became effective May,
1996. These new regulations apply to all procurement actions involving items designated
by the EPA, where the procuring agency purchases $10,000.00 or more of one of these
items in a fiscal year, or when the cost of such items purchased during the previous
fiscal year was $10,000.00.
7.0 COMPLIANCE WITH LAWS AND REGULATIONS
7.1 Compliance and Evidence
All materials and supplies and/or construction furnished pursuant to this Contract shall
be in compliance with the laws and regulations of the State of California and the United
States of America. Contractor shall, if requested by the City, supply certification and
evidence of such compliance.
8.0 RETENTION OF RECORDS
Contractor shall retain and make available to the City records showing compliance for
three (3) years after completion of a project, or until an audit is completed and all
questions, claims disputes, negotiations, and other actions arising there from are
resolved, whichever occurs last. Additional retention periods may be required as
appropriate and stipulated in writing.
9.0 ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES
The Contractor agrees to comply with, and assure that any subcontractor, or third party
Contractor under this project complies with all applicable requirements of the Americans
with Disabilities Act of 1990 (ADA), 42 USC Section 12101 et sea. and 49 USC Section
322; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC Section 794;
Section 16 of the Federal Transit Act, as amended, 49 USC app. Section 1612; and the
following regulations and any amendments thereto:
(a) US DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)",
49 CFR Part 37;
(b) US DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR Part
27;
(c) US DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications
for Transportation Vehicles," 49 CFR Part 38;
City of Azusa
June 2009 37
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
(d) Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of
Disability in State and Local Government Services, "28 CFR Part 35;
(e) US DOT regulations, "Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities," 28 CFR Part 36;
(f) Equal Employment Opportunity Commission (EEOC) "Regulations to Implement the
Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part
1630;
(g) Federal Communications Commission regulations, "Telecommunications Relay
Services and Related Customer Premises Equipment for the Hearing and Speech
Disabled," 47 CFR Part 64, Subpart F; and
(h) FTA regulations, 'Transportation for Elderly and Handicapped Persons," 49 CFR Part
609.
10.0 PRIVACY
The foregoing are applicable to all contracts that involve the administration of any
system of records (as defined in the Privacy Act of 1974) on behalf of the Federal
Government.
The City of Azusa and Contractor agrees:
A. To comply with the Privacy Act of 1974, 5 USC Section 552a (the Act) and the
rules and regulations issued pursuant to the Act when performance under the
Contract involves the design, development, or operation of any system of records
on individuals to be operated by the City, its Contractors or employees to
accomplish a publicly -funded function;
B. To notify the Federal Government when the Contractor anticipates operating a
system of records on behalf of the Federal Government in order to accomplish
the requirements of this Agreement, if such system contains information about
individuals which information will be retrieved by the individual's name or other
identifier assigned to the individual. A system of records subject to the Act may
not be employed in the performance of this Agreement until the necessary
approval and publication requirements applicable to the system have been
carried out. The City or Contractor, as appropriate, agrees to correct, maintain,
disseminate, and use such records in accordance with the requirements of the
Act, and to comply with all applicable requirements of the Act;
C. To include the Privacy Act Notification contained in this Agreement in every
subcontract solicitation in every subcontract when the performance of work under
the proposed subcontract may involve the design, development, or operation of a
system of records on individuals that is to be operated under the Contract to
accomplish a publicly -funded function; and
City of Azusa
June 2009 38
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
D. To include this clause, including this paragraph, in all subcontracts under which
work for this Agreement is performed or which is awarded pursuant to this
Agreement or which may involve the design, development, or operation of such a
system of records on behalf of the Federal Government.
2. For purposes of the Privacy Act, when the Agreement involves the operation of a system
of records on individuals to accomplish a Federal Government function, the City, third -
party Contractors and any of their employees is considered to be an employee of the
Government with respect to the Government function and the requirements of the Act,
are applicable except that the criminal penalties shall not apply with regard to contracts
effective prior to September 27, 1975. In addition, failure to comply with the provisions of
the Act of this clause will make this Agreement subject to termination.
3. The terms used in this clause have the following meanings:
(a) "Operation of a system of records" means performance of any of the activities
associated with maintaining the system of records on behalf of the Federal
Government including the collection, use and dissemination of records.
(b) 'Record" means any item, collection, or grouping of information about an individual
that is maintained by either City or Contractor on behalf of the Federal Government,
including, but not limited to, his education, financial transactions, medical history, and
criminal or employment history and that contains his name, or the identifying number,
symbol, or other identifying particular assigned to the individual, such as a finger or
voice print, or a photograph.
(c) "System of records" on individuals means a group of any records under the control of
the City or Contractor on behalf of the Federal Government from which information is
retrieved by the name of the individual or by some identifying number, symbol, or
other identifying particular assigned to the individual.
11.0 LABOR PROVISIONS - NONCONSTRUCTION CONTRACTS
11.1 Overtime Requirements
No Contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any work week in which he or she is employed on such
work to work in excess of eight hours in any calendar day or in excess of forty (40) hours
in such work week unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times the basic rate of pay for all hours worked in excess of
eight hours in any calendar day or in excess of forty hours in such work week, whichever
is greater.
11.2 Violation; Liability for Unpaid Wages; Liquidated Damages
In the event of any violation of the clause set forth in Section 11.1, Overtime
Requirement, above [29 CFR 5.5(b)(1)], the Contractor and any subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, such Contractor
City of Azusa
June 2009 39
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
and subcontractor shall be liable to the United States for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the provision set
forth in Section 11.1, Overtime Requirement, above [29 CFR 5.5(b)(1)], in the sum of ten
dollars for each calendar day on which such individual was required or permitted to work
in excess of the standard work week of forty hours without payment of the overtime
wages required by the provision set for in Section 11.1, Overtime Requirement [29 CFR
5.5(b)(1)].
11.3 Withholding for Unpaid Wages and Liquidated Damages
DOT or the City shall, upon its own action or upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld, from any
monies payable on account of work performed by the Contractor or subcontractor under
any such contract or any other Federal contract with the same Contractor, or with other
federally -assisted Contractor subject to the Contract Work Hours and Safety Standards
Act, which is held by the same Contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages
and liquidated damages as provided in the provision set forth in Section 1.2, Violation;
Liability for Unpaid Wages; Liquidated Damages [29 CFR 5.5(b)(2)].
11.4 Non -construction Contracts
The Contractor or subcontractor shall maintain payrolls and basic payroll records during
the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and
watchmen, working on the contract.
Such records shall contain the name and address of each such employee, social
security number, correct classifications, hourly rates of wages paid, daily and weekly
number of hours worked, deductions made, and actual wages paid. Further, the records
to be maintained under this Section shall be made available by the Contractor or
subcontractor for inspection, copying, or transcription by authorized representatives of
the Department of Transportation and the Department of Labor, and the Contractor or
subcontractor will permit such representatives to interview employees during working
hours on the job.
11.5 Subcontracts
The Contractor or subcontractor shall insert in any subcontracts the provisions set forth
in Sections 14.1, Overtime Requirements, through 14.4 Non -Construction Contracts,
above.
12.0 RESTRICTIONS ON LOBBYING (For contracts over $100,000.00)
(a) In accordance with 31 USC Section 1352, Contractor hereby certifies that no Federal
appropriated funds have been or will be paid by or on behalf of Contractor, to any
person for influencing or attempting to influence an officer or employee of any
City of Azusa
June 2009 40
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
agency, a Member of Congress, an officer or employee of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant or loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal amendment, or modification of Federal contract, grant, loan or cooperative
agreement. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or Member of Congress
in connection with this Federal contract, grant, loan, or cooperative agreement,
Contractor shall complete and submit standard form -LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(b) The Contractor shall require that the language of this certification be included in the
award documents for all sub -awards at all tiers and that all subcontractors shall
certify and disclose accordingly.
(c) The Bidder/Contractor shall require that the language of this certification be included
in any subcontract exceeding $100,000.00 at any tier and that any such
subcontractor shall certify and disclose accordingly.
13.0 INTEREST OF MEMBERS OF, OR DELEGATES TO, CONGRESS
In accordance with 18 USC Section 431, no member of, or delegates to, the Congress of
the United States shall be admitted to a share or part of this Contract or to any benefit
arising there from.
14.0 CONFLICTING INTERESTS
If any employee of the City, or any person related within the third degree of
consanguinity or second degree of affinity to a City employee has directly or indirectly
any financial interest in or has sought any financial gain from this bid or contract, bidder
shall disclose to the Contracting Officer the interest or potential gain and the relationship
before contract award or as soon as the bidder could with diligence have learned of the
interest or seeking of gain; failure to comply with this disclosure requirement will
constitute a default and major breach of contract by the bidder if awarded the contract.
No City employee nor any person related within the third degree of consanguinity or
second degree of affinity to a member of the City Council shall have any financial
interest in or seek any financial gain from, any contract to which City is a party and in
which the related employee plays a role in selection, award, or administration.
15.0 DEBARRED BIDDERS
The Contractor, including any of its officers or holders of a controlling interest, is
obligated to inform the Recipient whether or not it is or has been on any debarred
bidder's list maintained by the United States Government. Should the Contractor be
included on such a list during the performance of this project, it shall so inform the
Recipient.
City of Azusa
June 2009 41
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
ATTACHMENT
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
FOR OPERATION OF PUBLIC TRANSIT SERVICES
PARTIES AND DATE.
This Agreement is made and entered into this day of , 2009 by and
between the City of Azusa, a municipal corporation organized under the laws of the State of
California with its principal place of business at 213 East Foothill Boulevard, Azusa, California
91702 ("City") and a California corporation with its principal
place of business at ("Contractor"). City and Contractor are
sometimes individually referred to as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of public transit
services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing public transit 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 Contractor to render professional services for the operation of
public transit services for the City of Azusa which include the City's Dial -A -Ride service and the
City's shuttle service to and from the Covina Metrolink Station (the "Project"), as set forth in this
Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the public transit 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 , 2009 to
, unless earlier terminated as provided herein. The City shall have the
City of Azusa
June 2009 42
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
option to renew this Agreement for up to six months on the same terms as provided in this
Agreement.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates• Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an
employee. Contractor retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Contractor shall also not be employees of City and shall at all times be
under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and
other amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Contractor shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement. Contractor represents that it has the
professional and technical personnel required to perform the Services in conformance with such
conditions
3.2.5 City's Representative. The City hereby designates Tito Haes, Public
Works Director, or his designee, to act as its representative for the performance of this
Agreement ("City's Representative"). City's Representative shall have the power to act on
behalf of the City for all purposes under this Contract. Contractor shall not accept direction or
orders from any person other than the City's Representative or his designee.
3.2.6 Contractor's Representative. Contractor hereby designates
[INSERT TITLE] or his/her designee, to act as its representative for the performance of this
Agreement ("Contractor's Representative"). Contractor's Representative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor's Representative shall supervise and direct the Services, using his/her 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. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care: Performance of Employees. Contractor shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by providers of public transportation
services in the State of California. Contractor represents and maintains that it is experienced
and skilled in the provision of public transportation services. Contractor warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the Services
assigned to them. Finally, Contractor represents that it, its employees and subcontractors have
City of Azusa
June 2009 43
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
all licenses, permits, qualifications and approvals of whatever nature that are legally required to
perform the Services, including a City Business License and appropriate drivers' licenses, and
that such licenses and approvals shall be maintained throughout the term of this Agreement.
Any employee of the Contractor or its sub -contractors who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a
threat to the safety of persons or property, or any employee who fails or refuses to perform the
Services in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA requirements,
and shall give all notices required by law. Contractor shall provide all of its services in
compliance with the Americans with Disabilities Act. Contractor shall be liable for all violations
of such laws and regulations in connection with Services. If the Contractor performs any work
knowing it to be contrary to such laws, rules and regulations and without giving written notice to
the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall
defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Comoliance. Contractor shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Contractor shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same
insurance for the duration of the Agreement. Such insurance shall meet at least the following
minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability. Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability.
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $5,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used including, but not limited to, form CG 2503, either the general
aggregate limit shall apply separately to this Agreementllocation or the general aggregate limit
City of Azusa
June 2009 44
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
shall be twice the required occurrence limit; (2) Automobile Liability, $5,000,000 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 [reserved]
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Contractor shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and
volunteers shall be covered as additional insured with respect to the Work or operations
performed by or on behalf of the Contractor, including materials, parts or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance as
respects the City, its directors, officials, officers, employees, agents, and volunteers, or if
excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled
underlying coverage. Any insurance or self-insurance maintained by the City, its directors,
officials, officers, employees, agents, and volunteers shall be excess of the Contractor's
insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents, and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's
scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its
directors, officials, officers, employees, agents, and volunteers shall be excess of the
Contractor's insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employer's Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its
directors, officials, officers, employees, agents, and volunteers for losses paid under the terms
of the insurance policy which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided,
reduced or canceled except after thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City; and (B) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not affect coverage
provided to the City, its directors, officials, officers, employees, agents, and volunteers.
3.2.10.5 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.
City of Azusa
June 2009 45
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
3.2.10.6 Deductibles and Self -Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. Contractor
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its directors, officials, officers,
employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing
payment of losses and related investigation costs, claims, and administrative and defense
expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Contractor shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.10.9 Reporting of Claims. Contractor shall report to the City, in
addition to Contractor's insurer, any and all insurance claims submitted by Contractor in
connection with the Services under this Agreement.
3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the
nature of the work and the conditions under which the work is to be performed.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation
shall not exceed r**INSERT WRITTEN DOLLAR AMOUNT***] (sr**INSERT NUMERICAL
DOLLAR AMOUNT***]) without written approval of the City Council. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and manner
set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates the hours of Services rendered by Contractor, and which
shall include the driver's name and vehicle identification number for each driver and vehicle
used to provide Services. 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.
City of Azusa
June 2009 46
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City's Project Representative.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Contractor shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and
any other documents created pursuant to this Agreement. Contractor shall allow inspection of
all work, data, documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Contractor, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Contractor of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Contractor shall be compensated only for those services which have been adequately rendered
to City, and Contractor shall be entitled to no further compensation. Contractor may not
terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Contractor to provide all information of any kind prepared by Contractor
in connection with the performance of Services under this Agreement. Contractor shall be
required to provide such information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as
it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Contractor:
[INSERT BUSINESS NAME AND ADDRESS]
Attn: [INSERT NAME AND TITLE]
City of Azusa
June 2009 47
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
City:
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Attn: Tito Haes, Public Works Director
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 [reserved]
3.5.4 C000eration; 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.
3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the Agency, its directors, 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 of any kind, in law or equity, to
property or persons, including wrongful death, in any manner arising out of, pertaining to, or
incident to any acts, errors or omissions of Contractor, its officials, officers, employees,
subcontractors, consultants or agents in connection with the performance of the Contractor's
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages, expert witness fees and attorneys fees and other related costs and
expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to
Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil
Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Contractor.
3.5.6.2 Additional Indemnity Obligations. Contractor shall defend, with
Counsel of Agency's choosing and at Contractor's own cost, expense and risk, any and all
claims, suits, actions or other proceedings of every kind covered by Section 3.5.6.1 that may be
brought or instituted against Agency or its directors, officials, officers, employees, volunteers
and agents. Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against Agency or its directors, officials, officers, employees, volunteers and agents as
part of any such claim, suit, action or other proceeding. Contractor shall also reimburse Agency
for the cost of any settlement paid by Agency or its directors, officials, officers, employees,
agents or volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for Agency's attorney's fees and costs, including expert
witness fees. Contractor shall reimburse Agency and its directors, officials, officers, employees,
agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in
City of Azusa
June 2009 48
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the Agency, its
directors, officials officers, employees, agents, or volunteers.
3.5.7 Entire Agreement. This Ag
parties with respect to the subject matter hei
understandings or agreements. This Agreement
both parties.
eement contains the entire Agreement of the
sof, and supersedes all prior negotiations,
may only be modified by a writing signed by
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 Contractors. City reserves right to employ
other contractors 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. Contractor shall not assign, hypothecate or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
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 Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the
scope, content or intent of this Agreement.
3.5.14 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 Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.16 [reserved]
City of Azusa
June 2009 49
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
3.5.17 Invalidity: Severability.
invalid, illegal, or otherwise unenforceable by
provisions shall continue in full force and effect.
If any portion of this Agreement is declared
a court of competent jurisdiction, the remaining
3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
Contractor further agrees to file, or shall cause its employees or subcontractors to file, a
Statement of Economic Interest with the City's Filing Officer as required under state law in the
performance of the Services. 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. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. Contractor shall also comply with all relevant provisions of City's Minority
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Workers' 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. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power, right,
and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Reouired. Contractor shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF AZUSA
[BUSINESS NAME OF CONTRACTOR]
City of Azusa
June 2009 50
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
Attest:
Joseph R. Rocha
Mayor
Vera Mendoza
City Clerk
City of Azusa
June 2009
[INSERT NAME]
[INSERT TITLE]
51
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
ATTACHMENT 3
CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT, SUSPENSION,
AND OTHER RESPONSIBILITY MATTERS
The Primary Participant (primary bidder), certifies to the best of its knowledge and belief, that it
and its principals:
1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
2) Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
Local) transaction or contract under a public transaction; violation of Federal or State
antitrust or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or Local) with commission of any of the offenses enumerated in
paragraph (2) of this certification; and
4) Have not within a three-year period preceding the application/proposal had one or more
public transaction (Federal, State, or Local) terminated for cause or default.
If the Primary Participant is unable to certify to any of the statements in this certification, the
participant shall attach an explanation to this certification.
THE PRIMARY PARTICIPANT CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND
ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS
CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS
3801 et sea. ARE APPLICABLE THERETO.
The undersigned chief legal counsel for the
Signature and Title of Authorized Official
hereby certifies that the has authority under State and local
law to comply with the subject assurances and that the certification above has been legally
made.
Signature of Applicant's Attorney
Date
City of Azusa
June 2009 52
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
ATTACHMENT 4
CERTIFICATION OF LOWER TIER PARTICIPANTS REGARDINGDEBARMENT,
SUSPENSION, AND OTHER INELIBIBILITY AND VOLUNTARY EXCLUSION
The Lower Tier Participant (sub -contractor) certifies by submission of this proposal that neither it
is nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in this transaction by any Federal department
or agency.
If the Lower Tier Participant is unable to certify to any of the statements in this certification, such
participant shall attach an explanation to this proposal.
THE LOWER TIER PARTICIPANT CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND
ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS
CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS
3801 et seq. ARE APPLICABLE THERETO.
The undersigned chief legal counsel for the
Signature and Title of Authorized Official
hereby certifies that the has authority under State and local
law to comply with the subject assurances and that the certification above has been legally
made.
Signature of Applicant's Attorney
Date
City of Azusa
June 2009 53
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
ATTACHMENT 5
CERTIFICATION OF RESTRICTION ON LOBBYING
The undersigned certifies, to the best of his/her knowledge and belief, that,
No Federal appropriated funds have been or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into the cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan or cooperative agreement.
2. If any funds other than the Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement, the undersigned shall complete and submit Standard Form
LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award Documents for all sub awards at all tiers (including subcontracts, sub grants,
and contracts under grants, loan, and cooperative agreements) and that all sub
recipients shall certify and disclose accordingly.
This certification is a material representation of the fact upon which reliance is placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person
who fails to file the required certification shall be subject to civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
Executed this
Company Name:
day of , 2008
By (signature of company official here)
Name and Title of Company Official
City of Azusa
June 2009 54
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
ATTACHMENT 6
BUY AMERICA CERTIFICATE
Certificate of Compliance with Section 165(x)
The bidder hereby certifies that it will comply with the requirements of Section 165(a) of the
Surface Transportation Assistance Act of 1982, as amended, and the applicable regulations in
49 CFR Part 661,
Date:
Signature
Company Name
Title
Or
Certificate of Non -Compliance with Section 165(a)
The bidder hereby certifies that it cannot comply with the requirements of Section 165(a) of the
Surface Transportation Assistance Act of 1982, as amended, but it may qualify for an exception
to the requirement pursuant to Section 165(b)(2) or 165(b)(4) of the Surface Transportation
Assistance Act of 1982 and regulations in 49 CFR 661.7
Date:
Signature
Company Name
Title
City of Azusa
June 2009 55
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
ATTACHMENT 7
PROPOSAL PROTEST PROCEDURES
Under certain circumstances, an interested parry to a procurement may protest to the City the
award of a contract that may or may not involve the direct application of funds from the Federal
Transportation Administration (FTA). The mere fact that the City is a recipient of FTA funds
cannot be construed as evidence of FTA's involvement in a particular procurement.
These procedures are intended to insure that valid complaints are properly handled and
responded to. Spurious proposal protests may be subject to civil proceedings for the recovery of
compensatory and/or punitive damages.
Detailed below are the City's Proposal Protest Procedures and instructions for, when applicable,
obtaining the bid protest procedures of FTA.
A. City Level Protest Procedures - General Conditions
1. The City's review of any protest will be limited to:
a. Violations of State or Local laws or regulations. Violations of Federal laws
or regulations shall be under the jurisdiction of FTA.
b. Violations of the City's purchasing procedures.
C. Violations of the City's protest procedures or failure to review a complaint
or protest.
2. Protests must be filed with the City Clerk within three days of the proposal
opening or closing date for the receipt of proposals if the protest is based on:
a. Restrictive or severely defective specifications. Defective specifications
must represent a material weakness that affords an undue advantage to
one bidder over another.
b. Improprieties in any type of solicitation that are apparent prior to bid
opening or closing date for bids.
3. Protests must be filed with the City Clerk within three days of the award of a
contract arising from an Invitation for Proposal or Request for Proposal if the
protest is based on:
a. The City's failure to adhere its purchasing procedures.
b. The City's failure to adhere to its procedures.
4. The initial protest filed with the City shall:
City of Azusa
June 2009 56
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
a. Include the name, address and telephone number of the protestor.
b. Identify the number of the solicitation contract.
C. Contain a statement of the grounds for protest and any supporting
documentation. The grounds for the protest must be supported to the
fullest extent feasible. Additional materials in support of an initial protest
will be considered only if filed within the time limits specified in paragraph
"C" below.
d. Indicate the ruling or relief desired from the City.
5. No formal briefs or other technical forms of pleading or motion are required, but a
protest and other submissions should be concise, logically arranged, clear and
legible.
B. Time for Filing
Protests shall be filed within the specified limits set forth in the specifications,
which are the subject of the procurement and must adhere strictly to any
procedures specified therein. The time period established for the filing of protests
as set forth in all such specifications will be controlling and will take precedence
over a time period established herein.
Protests must be filed within the time limits set forth in paragraphs "A2" and "AY
above in order to be construed as timely. If the requirements and scope of work,
which are the subject of a particular procurement, set forth a different period for
filing a protest, then the provisions above will apply.
A protest may be considered, even if the initial filing is late in the following
circumstances:
Good cause based on a compelling reason beyond the protestor's control,
whereby the lateness is due to the fault of the City in the handling of
his/her protest submission.
2. The City determines the protest -raised issues significant to a procurement
practice or procedure.
3. The City is directed by FTA to either consider or reconsider protest.
C. Time for Submission of Additional Information
Any additional information requested or required by the City from the protestor or
interested parties shall be submitted as expeditiously as possible, but in no case later
than five (5) days after the receipt of such request unless specifically excepted by the
City.
City of Azusa
June 2009 57
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
D. Confidentiality
Materials submitted by a protestor will not be withheld from any interested party outside
of the Agency. If the protestor claims that the protest contains proprietary material which
should be withheld, a statement advising of this fact may be affixed to any Government
agency which may be involved in the protest, except to the extent that the withholding
the front page of, the protest document and the alleged proprietary information must be
so identified wherever it appears.
E. Furnishing of Information of Protests
The City shall, upon request, make available to any interested party information bearing
on the substance of the protest which has been submitted by the protestor or interested
parties except to the extent that withholding of information is permitted or required by law
or regulation. Any comments thereof shall be submitted within a maximum of ten (10)
days.
F. Withholding of Award
When a protest has been filed before the contract award, the City will not make an
award prior to the resolution of the protest. When a protest has been filed before the
opening of bids, the City will not open bids prior to the resolution of the protest. When a
protest has been filed after the award of a contract and prior to the resolution of the
protest, the City will notify the Contractor to suspend activity unless the City determines
that:
1. The items to be procured are urgently required; or
2. Delivery or performance will be unduly delayed by failure to either make the award
promptly or to continue with the procurement; or
3. Failure to make prompt award or to continue with the procurement will otherwise
cause undue hardship to the City or other Local, State or Federal Governments.
G. Protest Review - Level One
Upon receipt of a protest, the City's Public Works Department will create an ad
hoc Protest Review Panel to review all relevant materials associated with the
protest. The Panel shall be comprised of two representatives from the City. The
Panel shall determine the validity of the protest and what actions will be taken.
The Panel will be directed to prepare a report within fifteen (15) days. The Panel
will notify the protestor and any interested parties of their findings, actions and of
the procedures for requesting reconsideration. The report shall include the
following:
• Copies of all relevant bids;
A copy of the Invitation for Bid or Request for Proposals including
pertinent provisions of the specifications;
City of Azusa
June 2009 58
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
■ A copy of the abstract of bids;
■ Any other documentation that pertains to the protest including
correspondence with the bidders; and
■ A statement by the City explaining its actions and the reasons for them.
3. A conference on the merits of the protest with members of the panel may be held
at the request of the protestor. The request for a conference should be made in a
timely manner so as not to interfere with the resolution of the protest and not later
than twenty (20) days after the initial protest was filed.
H. Protest Review - Level Two
1. Reconsideration of a decision by the City may be requested by the protestor or
any interested party. The request for reconsideration shall contain a detailed
statement of the factual and legal grounds upon which reversal or modification is
deemed warranted specifying any errors of law made or information not
previously considered.
2. The request for the reconsideration of the Protest Review Panel's decision shall
be filed not later than ten (10) days after the Panel issues its written report and
shall be filed with the City Manager. The protest shall not be considered pending
during the ten (10) day period specified in this paragraph.
3. Upon receipt of the request for reconsideration, the City Manager shall schedule
an informal administrative hearing with the protestor and the Protest Review
Panel. The hearing shall be filed not later than fifteen (15) days after the receipt
of the request for reconsideration.
4. The City Manager shall issue in writing the City's final determination of the
reconsidered protest within five (5) days of the administrative hearing.
I. Effect of Judicial Proceedings
The City may refuse to decide any protest where the matter involved is the subject of
litigation before a court of competent jurisdiction or has been decided on the merits by
such a court.
City of Azusa
June 2009
59
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
ATTACHMENT 8
SAMPLE TRANSIT OPERATIONS REPORT — CATEGORIES ONLY
$0.50
Free
Pass.,Es'corts
Total'',
Pass`�,�
mom
Senior
Late
Trips
Pass
"Wiles
$0.50
Free
Pass.,Es'corts
Total'',
Pass`�,�
Dis-
abled
Senior
Late
Trips
Pass
"Wiles
0
0
In, Town
Tris
p
Out Twn
Tris
p
WC
Lift
No
Show
Cancels
Late
Trips
Pass
"Wiles
Conv - Dead Head
Leave Return
City of Azusa
June 2009
Conv for Fuel
Leave Return
Yard Yard
60
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
VEH. VEH. vth
VEH SER. SER HR PER VEH REV. REV HR
NUM DRIVER HRS. CONY. SER HRS. CONV
Total
PER REV
SER
SERVIC PER
E MILES VEH
REV
MILES
PER REV
MILE
TOT.
PASS
Revenue Total Service Revenue
Hrs
Hrs Miles
Miles Pass. Hour Hour
Friday 1
Saturday 2
FAREBOX ACCOUNTING
Day 1.50 0.50 $ $ Daily
09/01/09 Fare
09/02/09
Actual
September 2009 MONTHLY STATISTICAL SUMMARY
0
Veh
Veh
Veh Pass Per Pass Per
Service
Veh Rev Service
Revenue Total Service Revenue
Hrs
Hrs Miles
Miles Pass. Hour Hour
Friday 1
Saturday 2
Miles Per
Service
Hour
Miles
Per
Revenu
a Hour
Pass
Per
Service
Mile
Pass
Per
Revenu
a Mile
Cancel
$1.50
$0.50
Free
Pass Escorts
Total Pass
Disabled Senior
In Town
Tris
Out
Town
Tris
WC Lift No Show
Cancel
Late Tris
Pass
Miles
City of Azusa
June 2009
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
APPENDIX A
NATIONAL TRANSIT DATABASE REPORTING REQUIREMENTS
)ERSHIP FORM (MR -20) FOR LACMTA CONSOLIDATED NTD REPORT (#9166) FOR FY 2009-10
Agency I City of Azusa
Mode DR SAFETY AND SECURITY '°`
Major lncid Non -Major Incident
e Thresh(
Below
Month
Total
Boarding
s
Revenue
Hours
Revenue
Miles
Total
(Vehicle)
Hours
Total
(Vehicle)
Miles
# of
Vehicles
Operated
(Safety or
Security)
(Safety)
(Security)
Pue to MTj
Jul '09
August 25tl
Au ust '09
I
September 2:
Jul '09
1
1
October 25t
October '09
November 2!
November '09
December 25
December'09
January 25t
January '10
February 251
February '10
March 25th
March '10
Aril 25th
A ril '10
MaV 25th
Ma '10
June 25th
June '10
July 25th
Total:
01
0
0
1
01
0
A sample of the MR -20 form is included above. For detailed National Transit Database
reporting requirements, please refer to the Federal Transit Administration's National Transit
Database homepage at: http://www.ntdprogram.gov/ntdprogram/
City of Azusa
June 2009
62
)Ids
A
I
ith
h
hh
th
h
:h
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
APPENDIX B
FEDERAL DRUG AND ALCHOL TESTING REGULATIONS
CONTRACTOR COMPLIANCE GUIDELINES
CONTRACTOR shall conduct an ongoing drug and alcohol testing program which shall meet
the requirements of Section 53075.5 of the California Government Code, as amended, and all
other applicable state and federal statutes.
Federal Transit Administration standards are referenced below and can be found at:
http://transit-safety.volpe.dot.gov/D rugAndAlcohol/Newsletters/issue12/html/Summer99pg2 htm
49 CFR Part 653 , Prevention of Prohibited Drug Use in Transit Operations
February 15, 1994
Federal Register Vol. 59
Pages 7572-7611
Amended:
August 2, 1995
Federal Register Vol. 60
Pages 39618-39620
Primary Topic: Exemption of Volunteers and Post -Accident Testing Provision
December 8, 1998
Federal Register Vol. 63
Pages 61612-67613
Primary Topic: Use of Law Enforcement Post -Accident Test Results
December 14, 1998
Federal Register Vol. 63
Pages 68818-68819
Primary Topic: Random Drug Testing Rate at 50%
January 5, 1999
Federal Register Vol. 64
Pages 425-427
Primary Topic: Safety -sensitive Maintenance Functions
Technical Corrections:
March 6, 1995
Federal Register Vol. 60
Pages 12296-12300
Primary Topic: Corrections and Clarifications
City of Azusa
June 2009 63
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
APPENDIX C
AZUSA TRANSIT FLEET ROSTER
Make
Model
Year
License#
Seating
Capacity
Mileage
Ford
Starcraft
2007
E-1274140
9 - Gas
37,362
Ford
Starcraft
2007
E-1274138
9 - Gas
25,123
Ford
Starcraft
2007
E-1274141
9 - Gas
31,243
Ford
Starcraft
2007
E-1274139
9 - Gas
33,642
Dodge
Caravan
1997
E-990112
5 — Gas
112,213
Dodge
Caravan
1997
E-990113
5 - Gas
90,956
Ford
Goshen
2002
E-1123661
20 - CNG
79,743
Ford
Goshen
2002
E-1172615
20 - CNG
32,668
Ford
Goshen
2002
E-1172616
20- CNG
59,850
Fod
Collins
1999
E-1017323
20- Gas
125,347
City of Azusa
June 2009 64
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
APPENDIX D
Revenue Hours & Ridership Statistics
City of Azusa
June 2009 65
2008-2009 Azusa Transit Summary
Summary
Reflects All Azusa Transit O erations (Dial -A -Ride, Metrolink Shuttle & Special
Trips)
Month
PASSENGERS
REVENUE
HOURS
REVENUE HOURS
MILES
MILES
April
3,633.30
908.63
11,294.80
939.04
11,759.99
May
3,785.10
870.60
10,500.16
897.18
11,023.32
June
3,465.00
833.27
9,924.86
863.63
10,405.45
July
3,565.10
866.87
10,212.18
895.14
10,722.14
August
3,579.40
830.41
9,881.74
858.65
10,391.70
September
3,950.10
821.29
10.064.12
850.95
10,462.98
October
4,111.80
879.62
10,626.11
901.62
11,112.42
November
3,097.60
688.39
8,523.79
712.65
8,910.44
December
3,572.80
823.27
9,514.01
857.54
10,017.37
January
3,368.20
766.16
9,067.74
793.61
9,516.10
February
3,566.20
772.76
9,254.08
797.20
9,643.04
March
3,844.50
881.32
10,427.56
905.76
10,889.89
Total
43,539.10
9.942.59
119.291.15 10,272.96
124,854.84
City of Azusa
June 2009 65
REQUEST FOR PROPOSALS: TRANSIT OPERATIONS SERVICES
APPENDIX E
OPERATIONS CONTRACT RFP COST PROPOSAL (REQUIRED) FORMAT
City of Azusa
June 2009 66
YEAR 1
YEAR 2
YEAR 3
OPTIONAL
YEAR 1
OPTIONAL
YEAR 2
FY 2008/09
FY 2009/10
FY 2010/11
FY 2011/12
FY 2012/13
Cost Propos I
Cost per Revenue Hour
Multiply by Estimated
Revenue Hours
13,000
TOTAL COST
City of Azusa
June 2009 66
71_ a
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT B. GARCIA, CHIEF OF POLICE
VIA: F.M. DELACH, CITY MANAGERV"6
DATE: MAY 4, 2009 l 6
SUBJECT: PURCHASE OF TWO FORD POLICE INTERCEPTOR VEHICLES
RECOMMENDATIONS
It is recommended that the City Council approve the purchase of two, 2009, Ford Police
Interceptor vehicles, from Wondries Fleet Group, 1247 W. Main Street, P.O. Box 3850
Alhambra, CA 91801 in an amount not to exceed $48,393.40 It is further recommended that City
Council approve the purchase of these vehicles based on the competitive bid process completed
by the County of Los Angeles where they ordered Ford Police Interceptor vehicles, Order #DPO-
FR-36501761-1, per Azusa Municipal Code Section 2-523(e).
BACKGROUND
Each year the Police Department budgets to replace high mileage patrol vehicles. This fleet
rotation provides safe, reliable and up-to-date equipment for patrol officers and other public
safety personnel. Not only do these high mileage vehicles become expensive to maintain, but
compromise officer and public safety.
One of the new vehicles will be used as marked black and white patrol unit and the other vehicle
will be used by Gang/Graffiti Enforcement Officers. The Los Angeles County Purchase Order
includes driver and front passenger side -impact airbags. The total cost of these two cars,
including tax and tire fees is $48,393.40.
1
FISCAL IMPACT
There are adequate funds available for this purchase using the Equipment Replacement Fund
account #46-20-310-000-7135.
Prepared by:
Sam Jauregui, Jail, Fleet and Facilities Coordinator
Sam Gonzalez, Captain
2
/4.f/01
a/0 •
AZUSA
CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ANN GRAF, DIRECTOR OF INFORMATION TECHNOLOGY
VIA: F.M. DELACH, CITY MANAGER ' Ati
DATE: MAY 4, 2009 �l
SUBJECT: PURCHASE RENEWAL OF MICROSOFT OFFICE SOFTWARE
ASSURANCE
RECOMMENDATION
1. It is recommended that the City Council waive formal sealed bids in accordance with
Azusa Municipal Code Section 2-523 section B, computer software maintenance
services.
2. It is recommended that the City Council approve the renewal of software
assurance/support for Microsoft Office Professional for 3 years; and award the
agreement to CompuCom in the amount of$29,911.35 annually.
BACKROUND
In order to continue to receive upgrades, patches, new version rights and support for our
desktop software Microsoft Office we must renew software assurance/support annually
for this product. The most cost effective way to do this is through the Microsoft
Enterprise Agreement. This is a software volume licensing/software assurance program
designed for customers with 250 or more desktops, we license support for 370 desktops
annually. With this we are able to license and purchase assurance/support at discounted
price based on a three-year agreement. A payment of$29,911.35 is due each year for 3
years.
Quotes were solicited from 3 vendors:
‘‘E)2)0,(Ii(/ 3—/Oi
Ciba
Support Support Extended
Extended
Vendor cost per Price 370 cost per Price 5 Annual
MS Licenses Project Licenses Payment
License License
Dell Computer $81.33 $32,850.82 $86.21 $431.05 $30,523.15
CompuCom $79.70 $29,489.00 $84.47 $422.35 $29,911.35
PC Mall Gov $98.03 $36,271.10 $103.90 $519.50 $36,790.60
FISCAL IMPACT
This expenditure is budgeted within the 2008-2009 operating budget, account numbers
48499300006504 and 48499420006504. This is an annual cost of, $29,911.35.
WARRANT REGISTER #14
WARRANTS DATED 3/16/09 THRU 3/31/09
RESOLUTION NO.
do
FISCAL YEAR 2008-2009
COUNCIL MEETING OF 05/04/09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING
THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID
THE CITY COUNCIL 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 respective Funds as
hereinafter set forth:
10
General Fund
283,893.44
12
Gas Tax
24,542.04
13
Utility Mitigation
29,419.14
15
Transportation/Proposition A Fund
4,519.96
17
Transportation/Proposition C Fund
4,116.56
18
Community Development Block Grant Fund
1,155.87
21
Senior Nutrition Fund
7,599.39
22
Capital Projects Fund
0.00
24
Public Benefit Program
3,538.32
26
Supplemental Law Enforcement Fund
0.00
27
Air Quality Improvement Fund
16.92
28
State Grants & Seizures
6,818.42
29
Fire Safety Fund
315,774.60
30
COPS
0.00
31
Consumer Services Fund
37,496.85
32
Water Fund
213,014.41
33
Light Fund
933,040.83
34
Sewer Fund
66,796.54
36
Refuse Contract
0.00
37
Monrovia Nursery
74,919.50
41
Employee Benefits
1,951.87
42
Self Insurance Fund
38,133.06
43
Central Services Fund
3,978.67
46
Equipment Replacement Fund
0.00
48
IT Services Fund
44,460.23
49
Public Works Endowment Fund
7,326.89
50
Special Deposits Fund
11,799.91
71
Debt Service/1994 Sewer COPs
0.00
Total
`$29114,313.42
*City funds total does not include CRA funds.
SECTION 2. That the City Clerk shall certify to the adoption of this resolution and shall deliver a
certified copy thereof to the City Treasurer and shall retain a certified copy thereof in his own records.
ADOPTED AND APPROVED this
day of
2009.
MAYOR
I hereby certify that the foregoing resolution was duly adopted by the City Council of the City of
Azusa at a regular meeting thereof held on the day of 2009,
by the following vote of the Council:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
CITY CLERK
WARRANTS#
WARRANTS#
WARRANTS#
WIRES#
NONE
NONE
126407 —126967
991047 —991064
VENDOR EFT# 001880 —001909
HAND WRITTEN
SPOILED DOCUMENTS
COMPUTER -WRITTEN
JOINT CITY/AGENCY AGENDA ITEM
TO: THE HONORABLE MAYOR/CHAIRPERSON AND COUNCIL
MEMBERS/MEMBERS OF THE AGENCY BOARD
FROM: KURT CHRISTIANSEN, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
VIA: F.M. DELACH, CITY MANAGER 1v
DATE: MAY 45 2009
SUBJECT: PROPOSED CITY-WIDE POLICY REGARDING THE LEASING OF CITY OWNED
PROPERTY FOR RETAIL SALES EVENTS
RECOMMENDATION
It is recommended that the City Council provide direction to staff to establish a policy regarding the
leasing of City owned property for retail sales events.
BACKGROUND
At the April 20, 2009, City Council meeting, staff was directed
to prepare additional analyses
and
options regarding a city-wide policy for retail sales events on
city owned
property. With
the
proliferation of various temporary sales events (sidewalk sales, parking lot sales,
fireworks stand sales,
etc.), staff had proposed a policy that required potential lessees to
(1) secure all
required permits
and
inspections and (2) pay fair market value for the term of the lease
as negotiated
between the City
and
prospective lessees.
DISCUSSION
Based on the discussion at the April 20, 2009, meeting, staff has the following four (4) options for the
Council to consider. These options provide a range of permissibility for the Council and any options
allowing sales on City owned property would require the applicant to secure approval of all required
permits and inspections and pay fair market value.
Option 1: No sales of any type on city -owned property at non city -sponsored events
Under this option, the city policy would be to prohibit all sales on City owned property at events that
were not sponsored by the City of Azusa.
May 4, 2009
The Honorable Mayor and City Council
Re: Policy regarding the leasing of City owned property for retail sales events
Page 2 of 2
Option 2: Sales allowed for City affiliated partners with Council approval
Under this option, only entities affiliated with the City (AYP, Sister Cities, etc.) would be permitted to
hold sales events on City owned property. This would preclude service clubs from being able to hold
events on City owned property.
Option 3: Sales for events where proceeds go to City projects
This option would allow sales events on City owned property only in situations where the event
proceeds would go directly to projects within the City of Azusa. Examples might include, but not be
limited to, sales for which the proceeds benefit the veterans' memorial at City Hall.
Option 4: Sales by any organization (with Council approval)
This option would not restrict sales on City owned property by any organization with the permission of
the City Council.
FISCAL IMPACT
There is no cost associated with this action. Future leasing of City owned land will result in lease
revenue as well as permit application fees to pay for the cost of City required review.
Attachments:
CITY OF AZUSA
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING
MONDAY, APRIL 20, 2009 — 9:01 P.M.
The Board of Directors of the Redevelopment Agency of the City of Azusa met in regular session at the
above date and time in the Azusa Auditorium, 213 E. Foothill Blvd., Azusa CA.
Chairman Rocha called the meeting to order.
ROLL CALL
PRESENT: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
ABSENT: DIRECTORS: NONE
ALSO PRESENT:
General Counsel Carvalho, Executive Director Delach, Assistant Executive Director Makshanoff,
Department Heads, Project Manager Benavides, Tierra West Consultants Ometeotl, Secretary Mendoza,
Deputy Secretary Toscano.
Call to Order
Roll Call
Also Present
THE CITY COUNCIL AND REDEVELOPMENT AGENCY CONVENED JOINTLY AT 9:01 P.M. Convene jntly
TO DISCUSS THE FOLLOWING:
PROPOSED CITY AND REDEVELOPMENT AGENCY -WIDE POLICY REGARDING THE Policy re:
LEASING OF CITY AND REDEVELOPMENT AGENCY OWNED PROPERTY FOR RETAIL Leasing property
SALES EVENTS. Lengthy discussion was held regarding a City/Agency-wide policy regarding the Discussion
Leasing of City/Agency owner property for retail sales events and there was no action taken on this item it No Action
will be brought back with in a more refined manner.
The CONSENT CALENDAR consisting of items F-1 through F-3 was approved by motion of Consent Cal.
Director Carrillo, seconded by Director Gonzales and unanimously carried. approved
1. Minutes of the regular meeting of April 6, 2009, were approved as written. Min appvd
2. The Professional Service Contract Report through March 31, 2009, was reviewed and file. Pro Svs Contract
3. Resolution authorizing payment of warrants by the Agency was adopted and entitled: Report
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res. No. 09-R25.
ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT Warrants
AGENCY FUNDS.
SPECIAL CALL ITEMS Spec Call Items
None None
It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn
TIME OF ADJOURNMENT: 9:30 P.M.
SECRETARY
NEXT RESOLUTION NO. 09-R26.
AGENCY CONSENT ITEM
TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS
FROM: MARCENE HAMILTON, REDEVELOPMENT AGENCY TREASURE .
DATE: MAY 4, 2009
SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASURER'S
STATEMENT OF CASH BALANCES FOR THE MONTH OF MARCH 2009
RECOMMENDATION
It is recommended that the Agency Members receive and file the Agency Treasurer's Statement of
Cash Balances for the Redevelopment Agency of the City of Azusa for the month of March 2009.
BACKGROUND
Transmitted herewith is the Agency Treasurer's Statement of Cash Balances for the Redevelopment
Agency of the City of Azusa ("Agency") for the month of March 2009. Agency investments are
made in accordance with the Redevelopment Agency Investment Policy approved and adopted with
Resolution No. 08-R41 dated October 6, 2008, and Government Code Section 53601. Investment
activity is summarized in the "Treasury Book Balances -Cash and Investments" schedule, attached
herewith and an integral part of this report.
Agency cash and investment balances increased by $59,709.56. Cash received totaled $76,839.13,
and disbursements of $17,129.57 were made.
The Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and
investments of $25,089,669.98, Wells Fargo Bank, the fiscal agent, held $17,840,563.09 on behalf of
the Agency. These funds are restricted for payment of debt service on the bonds and special bond -
funded projects. The remaining $7,249,106.89 was available for Agency operating, debt service,
restricted expenses, and outstanding liabilities.
FISCAL IMPACT
The balance of cash and investments and projected revenues for the next six months is expected to
be sufficient to meet cash disbursement requirements for at least the next six months.
Prepared by: Roseanna J. Jara, Sr. Acct. -Redevelopment
MH:RJJ/cs
CITY OF AZUSA REDEVELOPMENT AGENCY
AGENCY TREASURER'S STATEMENT OF CASH
AND INVESTMENT COST BALANCES
MARCH 2009
Beginning Cash Balance $25,029,960.42
(All Restricted and Unrestricted Accounts & Investments)
Receipts (All Sources)
Disbursements
76.839.13
(17,129.57)
Ending Cash Balance $25,089,669.98
(All Restricted and Unrestricted Accounts & Investments)
Marcene Hamilton, Agency Treasurer
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES - CASH AND INVESTMENTS
MARCH 2009
Maximum
Deposits Cost Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value*
CASH AND INVESTMENTS HELD BY AGENCY TREASURER
Wells Fargo Bank
Government Checking No limit $328,642.16 FDIC up to $100,000.00 Ongoing 0.000% $328,642.16
>$100,000 collaterized by 110% in govn't securities
Local Agency Investment Fund (LAIF) $20,000,000.00 6,920,464.73 Backed by faith & credit of the State of California
SUBTOTAL CASH AND INVESTMENTS
HELD BY AGENCY TREASURER: $7,249,106.89
Interest Collections: $0.00
CASH AND INVESTMENTS HELD BY FISCAL AGENT
2003 Merged Project Tax Allocation Bonds
2003A Special Fund
AIM Gov't Portfolio No limit
2003A Interest Account
AIM Gov't Portfolio No limit
2003A Principal Account
AIM Gov't Portfolio No limit
2003A Reserve Account
AIM Gov't Portfolio No limit
2003 Merged Project Tax Allocation Bonds Subtotal:
Interest Collections: $255.44
2005 Merged Project Tax Allocation Bonds
2005 Special Fund
Wells Fargo Advantage Gov't Mmkt
2005 Interest Account
Wells Fargo Advantage Gov't Mmkt
2005 Redevelopment Fund
AIM Institutional Prime -Cash Mgmt/MMk
2005 Reserve Account
Wells Fargo Advantage Gov't Mmkt
2005 Merged Project Tax Allocation Bonds Subtotal:
Interest Collections:
2007A Meroed Proiect Tax Allocation Bonds
2007A Bond Fund
Wells Fargo Advantage 100% Treasury Mmkt
2007A Interest Account
Wells Fargo Advantage 100% Treasury Mmkt
2007A Principal Account
20.64 Investments in direct obligations of the U.S. Treasury
0.02 Investments in direct obligations of the U.S. Treasury
162.18 Investments in direct obligations of the U.S. Treasury
1,085,797.36 Investments in direct obligations of the U.S. Treasury
$1,085,980.20
No limit $253.22 N/A
No limit 3.32 N/A
No limit 50,321.68 N/A
No limit 869,259.17 N/A
$919,837.39
$131.12
Ongoing 1.822% 6,933,125.94
$7,261,768.10
Ongoing 0.000% 20.64
Ongoing 0.000% 0.02
Ongoing 0.002% 162.18
Ongoing 0.280% 1,085,797.36
$1,085,980.20
Ongoing 0.000% $253.22
Ongoing 0.000% 3.32
Ongoing 0.320% 50,321.68
Ongoing 0.083% 869,259.17
$919,837.39
No limit
$0.76
N/A
Ongoing
0.000%
$0.76
No limit
$0.00
N/A
Ongoing
0.000%
$0.00
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES - CASH AND INVESTMENTS
MARCH 2009
Maximum
Deposits
Cost
Interest
Mkt
Bank Accounts
Allowed
Amount Pledged Securities
Maturity
Rate
Value"
Wells Fargo Advantage 100% Treasury Mmkt
No limit
$83.53 N/A
Ongoing
0.000%
$83.53
2007A Redevelopment Fund
Wells Fargo Advantage 100% Treasury Mmkt
No limit
$2,798.80 N/A
Ongoing
0,000%
$2,798.80
2007A Merged Project Tax Allocation Bonds Subtotal:
$2,883.09
$2,883.09
Interest Collections:
$0.15
2007B Merged Project Tax Allocation Refunding Bonds
2007B Bond Fund
Wells Fargo Advantage 100% Treasury Mmkt
No limit
$5.45 N/A
Ongoing
0.000%
$5.45
2007B Interest Account
Wells Fargo Advantage 100% Treasury Mmkt
No limit
$0.00 N/A
Ongoing
0.000%
$0.00
2007B Principal Account
Wells Fargo Advantage 100% Treasury Mmkt
No limit
$19.65 N/A
Ongoing
0.000%
$19.65
20078 Reserve Fund
Wells Fargo Advantage 100% Treasury Mmkt
No limit
325,042.50 N/A
Ongoing
0.000%
325,042.50
2007B Merged Project Tax Allocation Bonds Subtotal:
$325,067.60
$325,067.60
Interest Collections:
$2.52
2008A Merged Project Tax Allocation Bonds
2008A Bond Fund
Wells Fargo Advantage 100% Treasury Mmkt
No limit
$0.00 N/A
Ongoing
0.000%
$0.00
2008A Interest Account
Wells Fargo Advantage 100% Treasury Mmkt
No limit
$0.84 N/A
Ongoing
0.000%
$0.84
2008A Reserve Fund
FDIC up to $100,000.00
Reliance Trust Co. Savings and Cert. of Deposit
No limit
$655,540.82 >$100,000 collaterized by 110% in govn't securities
12/19/13
2.650%
655,540.82
2008A Cost of Issuance Account
Wells Fargo Advantage 100% Treasury Mmkt
No limit
9,363.63 N/A
Ongoing
0.083%
$9,363.63
2008A Redevelopment Fund
Wells Fargo Advantage 100% Treasury Mmkt
No limit
$3,942,036.86 N/A
Ongoing
0.083%
$3,942,036.86
2008A Merged Project Tax Allocation Bonds Subtotal:
$4,606,942.15
$4,606,942.15
Interest Collections:
$272.77
2008B Merged Proiect Tax Allocation Housing Bonds
20088 Bond Fund
Wells Fargo Advantage 100% Treasury Mmkt
No limit
$0.00 N/A
Ongoing
0.000%
$0.00
2008B Interest Account
Wells Fargo Advantage 100% Treasury Mmkt
No limit
$2.00 N/A
Ongoing
0.000%
$2.00
20088 Reserve Fund
FDIC up to $100,000.00
Reliance Trust Co. Savings and Cert. of Deposit
No limit
$1,126,875.86 >$100,000 collaterized by 110% in govn't securities
11/21/13
4.000%
1,126,875.86
Interest
Mkt
CITY OF AZUSA
Value*
REDEVELOPMENT AGENCY
$12,643.29
TREASURY
BOOK BALANCES - CASH AND INVESTMENTS
$10,899,852.66
MARCH 2009
Maximum
Deposits
Cost
Bank Accounts
Allowed
Amount Pledged Securities
2008B Cost of Issuance Account
Wells Fargo Advantage 100% Treasury Mmkt
No limit
12,643.29 N/A
2008B Low & Moderate Income Housing Fund
Reliance Trust Co. Savings and Cert. of Deposit
No limit
$9,760,331.51 N/A
2008B Merged Project Tax Allocation Bonds Subtotal:
$10,899,852.66
Interest Collections:
$2.16
SUBTOTAL CASH AND INVESTMENTS
HELD BY FISCAL AGENT:
$17,840,563.09
Total - Azusa Redevelopment Agency
Cash and Investments:
$25,089,669.98
Total Interest Collections:
$664.16
Source of Market Value Information:
Wells Fargo Corporate Trust, Trustee
Local Agency Investment Fund (LAIF)
Wells Fargo Institutional Securities
Tax Allocation Bond Data is based on Trustee -generated
Statements; bond
funds listed
herein are restricted for payment of debt service and eligible
projects and governed by
strict regulations described in the Trust Indentures.
`Market Value is the current price at which a security can
be traded or sold.
Interest
Mkt
Maturity Rate
Value*
Ongoing 0.083%
$12,643.29
05/28/09 2.400%
$9,760,331.51
$10,899,852.66
$17,640,563.09
$25,102,331.19
WARRANT REGISTER NO. 17
FISCAL YEAR 2008-09
WARRANTS DATED 03/16/09 THROUGH 03/31/09
FOR REDEVELOPMENT AGENCY MEETING OF 05-04-09
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
80 -125 -CBD CAPITAL PROJECTS FUND
80 -135 -WED CAPITAL PROJECTS FUND
80 -185 -RANCH CAPITAL PROJECTS FUND
80-165-618-2005 TAX ALLOCATION BONDS FUND
81 -155 -TAX INCREMENT SET-ASIDE FUND
82 -125 -CBD DEBT SERVICE FUND
82 -135 -WED DEBT SERVICE FUND
82 -185 -RANCH CENTER DEBT SERVICE FUND
TOTAL ALL FUNDS:
$ 11,095.70
97,165.65
120,425.00
$ 228-686.35
SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a
certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records.
ADOPTED AND APPROVED THIS DAY OF
Chairman
2009.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the
City of Azusa at a regular meeting thereof, held on the day of 2009.
AYES:
AGENCY MEMBERS:
NOES:
AGENCY MEMBERS:
ABSTAIN:
AGENCY MEMBERS:
ABSENT:
AGENCY MEMBERS:
Secretary
City of Azusa HP 9000 04/29/09 O P E N H O L D
6M, APR 29, 2009, 1:35 PM ---req: ROSE -------leg: GL JL --- loc:
D B LISTING By Person/Entity Narre
BI -=---job: 659575 #J031 ---- p9m: CH400 <1.34> rpt id:
Page 1
CHFLIR02
SECT FUND
Cbdes: 80-82 ; Check Issue Rtes: 031609-033109
PE ID
PE Narre ACEI' N v BER / JOB NUMBER
Invoice Nurber
Description St Disc. Ant. Dist. Ant.
V05613
A T & T 8010110000-6915
6263345464022409 626-3345464/0517 PD 0.00
12.30
PEID Urid:
0.00
PPaaiid:
`Total:
12.30
12.30
V00270
ATUNS SERVICES 8010125000-6625/505800-6625
030409
858N AZUSA/36332 PD 0.00
542.63
PEID Uilpmaid:
Paid:
0.00
542.63
Total:
542.63
V00363
A= CHAMBER OF 8010110000-6630
696
FY 08/09 AZUSA C PD 0.00
3,000.00
PEIDd:
'd:
0.00
Total:
3,000.00
3,000.00
V01305
AZUSA CITY FFD C 8000000000-3035
2610/0901006
PR#6/09 PD 0.00
237.50
PEID Lh�i.d:
0.00
Paid:
237.50
Total:
237.50
V10487
BNVBINJ'S 8010125000-7035/650205-7035
032509
LN -CASH RE3/Qav2 PD 0.00
2,484.67
PEID Id:
0.00
d:
Total:
2,484.67
2,484.67
V07432
V07432
BARR & CLARK ENV 8110155000-6650/505300-6650
BARR & CLARK ENV 8110155000-6650/505300-6650
19188
18323
FINAL/649W BAYLE PD 0.00
FIl,1AL/649W BAYLE PD 0.00
225.00
200.00
PEID LTrid:
0.00
Paid:
Total:
425.00
425.00
V05804
V05804
V05804
BEST BEST & KRIE 8010125000-6301/505800-6301
BEST BEST & KRIE 8010125000-6301/505900-6301
BEST BEST & KRIE 8010125000-6301/505825-6301
597993
597992
597987
2/09 LCL -624-630 PD 0.00
2/09 LCL-FCVEER PD 0.00
2/09 LCL -TAT PD 0.00
388.68
572.04
1,235.50
City of Azusa HP 9000 04/29/09 O P E N H O L D
D B LISTING By /Entity Nave
Page 2
VM, APR 29,
2009, 1:35 HSI ---req: RCSE------- leg: GL JL--- loc:
BI-=---job: 659575 #3031----parr: CH400 <1.34> rpt id: NL 02
SELECT FLED
Cedes : 80-82 ; Check Issue Dates: 031609-033109
PE ID
PE Nacre ACaH JT N_N1BFR / JOB N_ v]BER
Invoice Number
Description St Disc. Art.
Dist. Amt.
PEID d:
0.00
''d:
Total:
3,874.45
3,874.45
V04281
CALIFORNIA REDEV 8010110000-6625
22329
CALIF SIATS IBM PD 0.00
322.00
PEID Unpaid:
0.00
PPaaiid:
322.00
Total:
322.00
V06783
CITISIREEF 8000000000-3010
2315/0901006
PR#6/09 PD 0.00
124.71
PEID Lhpaid:
0.00
Paid:
124.71
Total:
124.71
V11556
DELTA DENIAL, 8000000000-3052
031809
PRO PREM 5851/Mk PD 0.00
289.25
PEIDUrpai d:
0.00
Paid:
289.25
Total:
289.25
V11555
DEL,'I = USA 8000000000-3052
2949910
HMO PREM 331624/ PD 0.00
45.21
PEID Ur�id:
0.00
Paid:
45.21
Total:
45.21
V11631
DRISOML & ASSOC 8010125000-6645/505800-6625
BC388164
CRAZY CRI= PI PD 0.00
85,000.00
PEID Ulpad:
0.00
Paid:
Total:
85,000.00
85,000.00
V08010
=IS LA DSCAPI 8010125000-6815
4464
FY 08/09 M=-R PD 0.00
1,470.00
PEID Unpaid:
0.00
Paid:
Total:
1,470.00
1,470.00
V00331
V00331
FEDERAL EXPRESS 8010110000-6625/505800-6625
FEDERAL EXPfZESS 8010125000-6625/505800-6625
910466205
911275831
117052788/J.HDLL PD 0.00
117052788/J.HDLL PD 0.00
16.72
19.90
City of Azusa HP 9000 04/29/09 O P E N H O L D
VM, APR 29, 2009, 1:35 FM ---req: ROSE -------leg: GL JL --- loc:
D B LISTING By Pexscn/Entity Name
BI -=---job: 659575 #J031 ---- pgn: CH400 <1.34> rpt id:
Page 3
CHELTR02
SEL,ELI' FU\D
Cbdes: 80-82 ; Check Issue Rtes: 031609-033109
PE ID-- ---
PE Narm - ----- AM= NUMBER / JOB NU43ER
Invoice Nurber
Description St Disc. Ant_ Dist. Arrt .
------
---- -- —PEID -,-a:_ _
-o-oo
Paid:
Total:
36.62
36.62
V01646
V01646
HDL 07RE & Ca\IE 8010110000-6493
HDL CCREN & Ca\E 8010110000-6493
0014413IN
00149491N
FY 08/09 PROPER' PD 0.00
FY 08/09 PROPERT PD 0.00
2,700.00
1,553.24
PEID LkpDaid:
0.00
Paid:
Total:
4,253.24
4,253.24
V96319
LAURAIN & ASS2CI 8010125000-6325/505800-6325
8347
APPRSL/820-822AL PD 0.00
1,800.00
PEID Ur id:
0.00
Paid:
Total:
1,800.00
1,800.00
V03126
LaMLN N5,'ITICISIAL 8000000000-3010
2325/0901006
PR#6/09 PD 0.00
500.00
PESLkT)aid:
0.00
Paid:
500.00
'Ibtal:
500.00
V96965
UCS AN3 F:4, COU 8010125000-7110/505825-7110
031209
REM D OVERSIMT/ PD 0.00
1,974.00
PEED d:
0.00
d:
Total:
1,974.00
1,974.00
V10322
V10322
M & T BANK 8000000000-3010
M & T BANK 8000000000-3010
031609A
031609B
Defrd C --Trp Pbl/P PD 0.00
Defrd Cmp Pbl/P PD 0.00
650.50
489.77
PEID i hI i d:
0.00
Paid:
Total:
1,140.27
1,140.27
V01582
NES= Oaq4VICA 8010110000-6915
635925025080
635925025-080/CE PD 0.00
26.03
PEID d:
0.00
d:
Total:
26.03
26.03
City of Azusa HP 9000 04/29/09 O P E N H 0 L D
WFD, APR 29, 2009, 1:35 FM ---req: ROSE ------- 1e�j: CL JL --- loc:
D B LISTING By Ferson/Entity Nacre Page 4
BI -=---job: 659575 #J031 ---- p9m: CH400 <1.34> rpt id: CHFT 02
SE= FUi\ID
Crdes: 80-82 ; Check Issue Dates: 031609-033109
PE ID
PE Nacre AM= N1vE ER / JOB N v2ER
Invoice N A=
Description St Disc. krt.
Dist. Aut.
_____-----
V00540
---------------------------------------------------
OFFICE DE Or INC 8010110000-6530
------------
464681338001
------------- -- -----------
381172 MEvU= S PD 0.00
---------
7.78
V00540
V00540
OFFICE EEMF INC 8010110000-6572
OFFICE DEPOT INC 8010110000-6572
464681372001
464681372001
476980 2 drawer PD 0.00
457990 real.sspce PD 0.00
194.84
365.97
V00540
OFFICE DE�JI'IDU 8010110000-6530
464681338001
214391 FELLCWS, PD 0.00
7.51
PES i7rrid:
0.00
PPaa�id:
576.10
Total:
576.10
V06703
PROFS QLUJ'I Y 8010110000-6625
0660005721
BUSINESS CARDS F PD 0.00
30.78
PEID Urpaid:
0.00
Paid:
30.78
Total:
30.78
V08056
V08056
V08056
SIANCARD INSURAN 8000000000-2725
S EARD INSURAN 8000000000-3044
SIANCARD USBURPN 8000000000-2725
030109
1255/0901006
1220/0901006
LIFE/DISAB PREM PD 0.00
M#46/09 PD 0.00
PR##6/09 PD 0.00
115.47
155.86
56.95
PEIDd:
0.00
'd:
328.28
Total:
328.28
V00388
VERDICT 8010110000-6915
6261975078022809 626-1975078 PD 0.00
21.70
PES U- aaid:
0.00
Paid:
21.70
Thtal :
21.70
V00876
CCN MUTED 8000000000-3010
2335/0901006
FR#6/09 PD 0.00
171.61
PEID Urgaaid:
0.00
PPaaiid:
171.61
Total:
171.61
V11767
WESIIIZN RESOLPCE 8110155000-1810
WR'IC ND. 16052
Notes Red D?ferr PD 0.00
120,000.00
V11767
V11767
WES= RESaPCE 8110155000-2901
bMIERN RESOURCE 8110155000-7099/505310-7099
= NO. 16052
IA= NO. 16052
Deferred Revenue PD 0.00
Miscellamcus PD 0.00
-120,000.00
120,000.00
I" JUSpa0.-84
'. •1-20,000.0#
• .l: 120,000.0#
City of Azusa HP 9000 04/29/09 O P E N H O L D D B LISTING Byz/Entity Narre PPaagqee 5
TM, APR 29, 2009, 1:35 FM ---req: ROSE -------leg: GL JL --- loc: BI-T�I-i --- job: 659575 #J031 ---- pgm: OH400 <1.34> rpt id: CITMR02
SSI FU\D Coders: 80-82 ; Check Issue Dates: 031609-033109
PE ID PE Narre _ ACC= NUv2ER / JOB NUY BER Invoice Nu Tber Description St Disc. Ant. Dist. Amt.
GRAND TOTAL Utid: 0.00
Paid: 228,686.35
Total: 228,686.35
CITY OF AZUSA
MINUTES OF THE AZUSA
PUBLIC FINANCING AUTHORITY
TUESDAY, FEBRUARY 17, 2009 — 9:33 P.M.
The Board Members of the Azusa Public Financing Authority of the City of Azusa met in regular session
at the above date and time in the Azusa Auditorium located at 213 East Foothill Boulevard, Azusa.
Chairman Rocha called the meeting to order. Call to Order
ROLL CALL Roll Call
PRESENT: BOARDMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
ABSENT: BOARDMEMBERS: NONE
ALSO PRESENT: Also Present
General Counsel Carvalho, Executive Director Delach, City Department Heads, Secretary Mendoza,
Deputy City Clerk Toscano.
The CONSENT CALENDAR consisting of item G-1 and G-2 was approved by motion of Director Consent Cal
Gonzales, seconded by Director Hanks and unanimously carried. approved
1. Minutes of the regular meeting of November 3, 2008, were approved as written. Min appvd
2. The Authority Treasurer's report as of December 31, 2008 was received and filed. Treas Rpt
It was consensus of the Board Members to adjourn.
TIME ADJOURNMENT: 9:34 P.M.
SECRETARY
NEXT RESOLUTION NO. 09 -PI.
Adjourn
AZUSA PUBLIC FINANCING AUTHORITY
CONSENT ITEM
TO: THE HONORABLE CHAIRPERSON AND MEMBERS OF THE BOARD
FROM: MARCENE HAMILTON, AZUSA PUBL C 1F NCING AUTHORITY
TREASURER �- �•.
DATE: MAY 4, 2009
SUBJECT: AZUSA PUBLIC FINANCING AUTHORITY TREASURER'S STATEMENT OF
CASH BALANCES FOR THE QUARTER ENDED MARCH 31, 2009
RECOMMENDATION
It is recommended that the Board Members receive and file the Azusa Public Financing Authority
Treasurer's Statement of Cash Balances for the quarter ended March 31, 2009.
BACKGROUND
Transmitted herewith is the Treasurer's Report for the Azusa Public Financing Authority for quarter
ending March 31, 2009. Authority investments are made in accordance with the Authority
Investment Policy adopted and approved with Resolution No. 08-P3 dated October 6, 2008, and
Government Code Section 53600 et. seq.
The Azusa Public Financing Authority is the issuer of three bond issues -the 1994 Sewer System
Project Refinancing Certificates of Participation, the 2003 Capital Improvement Project Refinancing
Certificates of Participation, and the 2006 Water System CII' Parity Revenue Bonds. The funds for
these issues are restricted for payment of eligible capital improvement expenses and debt service on
the bonds, and are held and invested by fiscal agents who are trustees for the bonds.
For quarter ending March 31, 2009, fiscal agents held total investments of $8,099,214.25. Total cash
received for the quarter was $138,069.92, and disbursements of $4,541,561.61, were made, resulting
in a total overall net decrease of $4,403,491.69. Disbursements were primarily for Water System
Project and debt service costs, and cash receipts were primarily interest income.
FISCAL IMPACT
The balance of cash and investments and projected revenues for the next six months are expected to
be sufficient to meet cash disbursement requirements for at least the next six months.
Prepared by: Roseanna J. Jara, Sr. Acct. -Redevelopment
MH:RJJ/cs
CITY OF AZUSA
AZUSA PUBLIC FINANCING AUTHORITY
TREASURER'S STATEMENT OF CASH
AND INVESTMENT COST BALANCES
QUARTER ENDING MARCH 31, 2009
Beginning Cash Balance $12,502,705.94
Receipts (All Sources) $138,069.92
Disbursements ($4,541,561.61)
Ending Cash Balance $8,099,214.25
(All Restricted and Unrestricted Accounts & Investments)
Ma crepe Hamilton, Agency Treasurer
CITY OF AZUSA
AZUSA PUBLIC FINANCING AUTHORITY
TREASURY BOOK BALANCES - CASH AND INVESTMENTS
QUARTER ENDING MARCH 31, 2009
Maximum
Deposits
Cost
Interest
Mkt
Bank Accounts Allowed
Amount Pledged Securities
Maturity Rate
Value*
CASH AND INVESTMENTS HELD BY FISCAL AGENT
Wells Fargo Bank, Trustee
1994 Sewer Refunding Certificates of Participation
Installment Payment Fund
Wells Fargo Treasury Plus MMkt No Limit
Reserve Fund
Berkshire Hathaway Inv Agrmt N/A
1994 Sewer Refunding COP's Subtotal:
Interest Collections: $8,593.54
2003 CIP Refunding Certificates of Participation
Lease Payment Fund
$8,592.93 N/A
$284,526.66 Guaranteed Investment Agreement
$293,119.59
Ongoing 0.100% $8,592.93
6/1/2023 6.040% $284,526.66
$293,119.59
AIM Gov't Portfolio
No Limit
$277.14 Investments in direct obligations of the U.S. Treasury Ongoing
0.380%
$277.14
Reserve Fund
AIM Gov't Portfolio
No Limit
$482,500.00 Investments in direct obligations of the U.S. Treasury Ongoing
0.380%
482,500.00
2003 CIP Refunding COP'S Subtotal:
$482,777.14
$482,777.14
Interest Collections:
$568.75
2006 Water System CIP Parity
Revenue Bonds
Revenue Fund
Wells Fargo 100% Treasury MMkt
No Limit
$1,577,529.28 N/A Ongoing
0.010%
$1,577,529.28
Interest Account
Wells Fargo 100% Treasury MMkt No Limit $856.61 N/A Ongoing' 0.010% $856.61
CITY OF AZUSA
AZUSA PUBLIC FINANCING AUTHORITY
TREASURY BOOK BALANCES - CASH AND INVESTMENTS
QUARTER ENDING MARCH 31, 2009
Maximum
Deposits
Cost
Interest
Mkt
Bank Accounts
Allowed
Amount Pledged Securities
Maturity
Rate
Value*
Principal Account
Wells Fargo 100% Treasury MMkt
No Limit
$26,484.17 N/A
Ongoing
0.010%
$26,484.17
Reserve Fund
Wells Fargo 100% Treasury MMkt
No Limit
$3,649,875.00 N/A
Ongoing
0.010%
$3,649,875.00
Water System Acquisition Fund
Wells Fargo 100% Treasury MMkt
No Limit
$2,068,572.46 N/A
Ongoing
0.010%
$2,068,572.46
2006 Water System CIP Revenue Bond Subtotal:
$7,323,317.52
$7,323,317.52
Interest Collections:
$2,335.08
Total - Azusa Public Financing
Authority Cash and Investments:
$8,099,214.25
$8,099,214.25
Total Interest Collections:
$11,497.37
Source of Market Value Information:
Wells Fargo Bank, Trustee
Bond Data is based on Trustee -generated Statements;
bond
funds listed herein are restricted for
payment of debt service and eligible projects and governed by
strict regulations described in the Trust Indentures.