HomeMy WebLinkAboutAgenda Packet - October 19, 2015 - CC APPROVED
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COUNCIL MEETING
Date. 10\}a oft
401r I
AZUSA�
CONSENT ITEM
E-3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: AMELIA AYALA,DIRECTOR OF HUMAN RESOURCES &RISK MANAGEMENT
VIA: TROY BUTZLAFF, ICMA-CM, CITY MANAGER
DATE: OCTOBER 19, 2015
SUBJECT: HUMAN RESOURCES ACTION ITEMS
SUMMARY:
On October 13, 2015,the Personnel Board met and took action on several items. This action approves Personnel Action
Requests reviewed and recommended by the Personnel Board.
RECOMMENDATION:
It is recommended that the City Council take the following action:
1) Approve the following Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and
applicable Memorandum of Understanding(s).
DISCUSSION:
On October 13, 2015,the Personnel Board reviewed the recommendations of City Staff and took the following actions:
A. MERIT INCREASE AND/OR REGULAR APPOINTMENT:
DEPARTMENT NAME, CLASSIFICATION TYPE OF ACTION/ RANGE/STEP
EFFECTIVE DATE BASE MO.
SALARY
PD Tamara Patlogar Police Communication Merit Increase 9195/5
Supervisor 9/12/2015 $6,967.27
UTL Jose Palacios Water Distribution Merit Increase 5167/3
Worker I 10/6/2015 $4,433.44
B. PROMOTION-The following promotion has been requested by the department head pursuant to the Rules of the Civil
Service System.
DEPARTMENT NAME PROMOTION EFFECTIVE RANGE/STEP
FROM/TO DATE BASE MO.
SALARY
RFS Michael Shan From: Park Maintenance Worker III 9/8/2015 4184/5
Thompson To:Park Maintenance Crew Supervisor $5,379.21
Human Resources Action Items
October 19, 2015
Page Two
C. SEPARATION: The following separations are submitted for informational purposes.
DEPARTMENT NAME CLASSIFICATION EFFECTIVE
DATE
Utilities Dan Crapo Electric Crew Supervisor 10/31/2015
FISCAL IMPACT:
There is no fiscal impact, as positions listed are funded in approved department budgets.
Prepared by: Reviewed and Approved:
Traci Bailey Amelia Ayala
Human Resources& Director of Human Resources
Risk Management Analyst and Risk Management
Reviewed and Approved:
Troy Butzlaff,ICMA-CM
City Manager
APPROVED
COUNCIL MEETING
CONSENT ITEM
E-5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: DANIEL BOBADILLA, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
DATE: OCTOBER 19, 2015
SUBJECT: APPROVE AMENDMENT TO COST SHARING AND MAINTENANCE
AGREEMENT AND MEMORANDUM OF UNDERSTANDING WITH THE CITY OF
GLENDORA FOR THE EXTENSION OF CITRUS AVENUE AND RELATED
IMPROVEMENTS
SUMMARY:
In 2006, the City of Azusa entered into an Agreement with the City of Glendora to address the
maintenance responsibilities associated with extension improvements to Citrus Avenue. In 2011, an
amendment was approved to further clarify that the City of Azusa would be responsible for all
maintenance responsibilities. This action approves another amendment delineating the project limits and
plan check, approval, and inspection responsibilities for both cities. In addition, this action approves a
Memorandum of Understanding to transfer $200,000 in Rule 20A Funds to the City of Glendora for
their cooperation in facilitating the extension improvements to Citrus Avenue.
RECOMMENDATIONS:
It is recommended that the City Council take the following actions:
1) Approve the Supplemental Amended Cost Sharing and Maintenance Agreement between the
City of Azusa and the City of Glendora for the extension of Citrus Avenue and related
improvements; and
2) Approve a Memorandum of Understanding MOU between the City of Azusa and the City of
Glendora for the transfer of Rule 20A Funds; and
3) Authorize the Mayor to execute the Supplemental Amended Cost Sharing and Maintenance
Agreement and the Memorandum of Understanding.
DISCUSSION:
On February 3, 2003, the City Council approved the Monrovia Nursery Project, known as the Rosedale
Development. As part of the Rosedale Development, the developer was required to extend Citrus
Amendment to Cost Sharing/Maintenance Agreement and MOU with Glendora
October 19, 2015
Page 2
Avenue from Foothill Boulevard north into the development. The majority of the Citrus Avenue
extension will be within the City of Glendora, but will primarily serve the City of Azusa residents. As a
result, on May 15, 2006, the cities of Azusa and Glendora entered into a Cost Sharing and Maintenance
Agreement to address the maintenance and care of the Citrus Avenue extension. The agreement requires
the City of Glendora to maintain the roadway and also requires the City of Azusa to pay for 100% of the
maintenance costs.
On November 7, 2011, the agreement was amended to further clarify maintenance responsibilities. Since
the Citrus Avenue extension would not provide direct access to the City of Glendora, both parties agreed
that the City of Azusa should take full responsibility for maintenance and liability for the Citrus Avenue
extension and related improvements.
The cities of Azusa and Glendora have agreed on the layout and design of the proposed Citrus Avenue
extension improvements. This latest amendment to the Agreement delineates the improvement and
indemnification areas based on the latest design. In addition, this amendment defines the responsibilities
of both cities in terms of plan check, approvals, and inspections. Both cities will have a role with review,
approval, and inspections, but the City of Azusa will take the lead and act as the project manager.
For Glendora's cooperation with the latest design, the City of Azusa has offered the City of Glendora
$200,000 in Southern California Edison Rule 20A funds to help them with a utility undergrounding
project. These funds, which are set aside by Southern California Edison for the sole purpose of
undergrounding transmission lines within the City, have been accumulating for several years and there is
no plan to utilize them since the City has its own municipal electric utility. Unused Rule 20A funds and
can be transferred to another public agency to improve the electrical system within their community.
FISCAL IMPACT:
The City has approximately $270,884 in Rule 20A funds that can be used for utility undergrounding
projects. As part of approving and executing the Supplemental Amended Cost Sharing and Maintenance
Agreement and the Memorandum of Understanding, the City of Azusa will transfer $200,000 of its Rule
20A Funds to the City of Glendora.
Prepared by:
Daniel Bobadilla, P.E.
Director of Public Works/City Engineer
Reviewed and Approved:
Troy L. Butzlaff, ICMA-CM
City Manager
Attachments:
1) Original Agreement: May 15, 2006
2) Amendment: November 7, 2011
3) Proposed Amendment
4) Rule 20A Funds MOU
SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING
REGARDING THE CONSTRUCTION OF IMPROVEMENTS IDENTIFIED IN
THE AMENDED COST SHARING AND MAINTENANCE AGREEMENT
BETWEEN THE CITY OF AZUSA AND THE CITY OF GLENDORA
This Supplemental Memorandum of Understanding Regarding the Construction of
Improvements Identified in the Amended Cost Sharing and Maintenance Agreement
Between the City of Azusa and the City of Glendora ("SUPPLEMENTAL MOU") is
entered into as of the ,� ay of 2015 ("Effective Date") by and between the
City of Azusa, a California municipal corporation located at 213 East Foothill Boulevard,
Azusa, California 91702 ("Azusa") and the City of Glendora, a California municipal
corporation located at 116 East Foothill Boulevard, Glendora, California 91741
("Glendora"). Azusa and Glendora are sometimes individually referred to herein as a
"Party" and collectively as the "Parties" in this Agreement.
RECITALS
A. On or about February 3, 2003, the City Council for Azusa certified the
Environmental Impact Report for the Monrovia Nursery Specific Plan for the development
of an approximate 489 -acre site primarily located in Azusa with several dwelling units,
commercial space, parks, open space, and a school ("Project").
B. On or about March 18, 2003, in response to concerns about the
development of the Project, Azusa, Glendora, and the then -owner of the area comprising
the Project entered into a settlement agreement incorporating certain modifications and
conditions to the development of the Project ("Settlement Agreement"). One of the
conditions of approval of the Settlement Agreement requires the Project to construct
certain street improvements, including an extension and related improvements to an
existing street known as Citrus Avenue from the street to -be -known as Monrovia Place to
the street currently known as W. Foothill Boulevard ("Citrus Avenue Extension and
Improvements"). The Citrus Avenue Extension and Improvements involve a portion of
Citrus Avenue that serves as the geographical boundary between the easterly boundary of
Azusa and the westerly boundary of Glendora. The Citrus Avenue Extension and
Improvements are more particularly described and depicted in Exhibit "A" which is
attached hereto and incorporated herein by this reference.
C. On or about May 15, 2006, the Parties entered into an agreement
establishing the cost sharing and maintenance rights and obligations of the Parties with
respect to the Project and the Citrus Avenue Extension and Improvements ("Agreement").
D. On or about November 7, 2011, the Parties entered into that certain
agreement titled Amended Cost Sharing and Maintenance Agreement Between the City of
Azusa and the City of Glendora ("Amended Agreement"). The Amended Agreement
expressly superseded the Agreement by setting forth new cost sharing and maintenance
rights and obligations of the Parties with respect to the Project and the Citrus Avenue
Extension and Improvements.
4563 5.01 000\1 423 8422.1
E. It is the intent of the Parties that this SUPPLEMENTAL MOU further
explain, supplement, and clarify the rights and obligations of the Parties with respect to the
Amended Agreement as it relates to the design, approval, construction, inspection and
maintenance of the Citrus Avenue Extension and Improvements. Unless expressly
provided for otherwise herein, the terms and conditions of the Amended Agreement shall
remain in full force and effect.
UNDERSTANDING
NOW, THEREFORE, THE PARTIES UNDERSTAND AND AGREE AS FOLLOWS:
1. Recitals. The Parties hereto agree that the Recitals to this SUPPLEMENTAL
MOU, including any Exhibits included therein, are true and correct and by this reference
incorporate all such Recitals in frill into this SUPPLEMENTAL MOU as if set forth in full
in this section 1.
2. Prior Agreements and Understandings. This SUPPLEMENTAL MOU
supplements, to the extent provided herein, but does not supersede or replace any and all
previous agreements and understandings between the Parties hereto and their predecessors
related to the design, construction, installation, maintenance, and inspection of the Citrus
Avenue Extension and Improvements. To the extent the terms of this SUPPLEMENTAL
MOU conflict with or are inconsistent with any prior agreement or understanding between
the Parties, including the Amended Agreement, the terms of this SUPPLEMENTAL MOU
shall control only as it relates to the design, construction, installation, maintenance, and
inspection of the Citrus Avenue Extension and Improvements, and only as expressly stated
herein.
3. Intersection of Citrus Avenue and W. Foothill Boulevard. The Citrus Avenue
Extension and Improvements include aligning the future intersection of the streets Citrus
Avenue and W. Foothill Boulevard. The Parties acknowledge and agree that such
intersection will have the curved street alignment and related improvements all as
substantially depicted and described in Exhibit "A" attached hereto and incorporated
herein.
4. Review of _Project _Plans, Applicable Standards. The Parties agree and
acknowledge that, as between Azusa and Glendora, Azusa shall be the Party with the
exclusive right and responsibility to review, approve, modify, or deny, collect and retain
any required fees (for the work performed in the City of Azusa) for, and process any and all
plans, permits (for the work performed in the City of Azusa), inspections, designs, studies,
and similar documents (collectively, the "Plans") required for approval of the Citrus
Avenue Extension and Improvements. The Parties agree and acknowledge that, as
between Azusa and Glendora, Glendora shall be the Party with the exclusive right and
responsibility to collect and retain any required fees and to process and issue any and all
permits required for approval of the Citrus Avenue Extension and Improvements (for the
work performed in the City of Glendora). Such review, approval, modification, or denial,
collection and retention of any required fees for, and processing of the Plans by Azusa shall
be done according to, and in conformity with, Azusa's standards, specifications,
4563 5.01 000\14238422, l
requirements, and other policies and procedures of Azusa applicable to the Plans for the
work performed in the City of Azusa. Such review, approval, modification, or denial,
collection and retention of any required fees for, and processing of the Plans by Azusa for
the work performed in the City of Glendora shall be done according to, and in conformity
with, Glendora's standards, specifications, requirements, and other policies and procedures
of Glendora applicable to the Plans. While the Parties intend for this Section to apply to
and divest some authority from Glendora for any Plans that may be currently pending
before Glendora for the Citrus Avenue Extension and Improvements as well as any Plans
for the Citrus Avenue Extension and Improvements that may have otherwise been proper
before Glendora, the Parties agree to the following procedures for review of the Plans:
4.1 Preparation of the Plans. Azusa shall have the responsibility to prepare or
cause to be prepared the Plans for the Citrus Avenue Extension and Improvements. The
Parties acknowledge that the applicable general alignment and general improvements have
been reviewed and approved by Glendora and the additional submittal of the PIans relates
to the engineered Plans for the Citrus Avenue Extension and Improvements that are
consistent with such preliminary approval of Glendora.
4.2 Review of Plans by Glendora. Upon the completion of the Citrus Avenue
Extension and Improvement Plans by Azusa, Glendora shall be provided with a full set
copy. Glendora shall have twenty (20) calendar days to review and provide written
comments to Azusa. Azusa shall endeavor to make any such corrections and address
Glendora's comments to the extent practical, taking into account that the Citrus Avenue
Extension and Improvement shall be constructed using Azusa standards of construction
and design for work performed in Azusa and using Glendora standards of construction and
design for work performed in Glendora. If Glendora does not provide written comments
within the time frame identified above, it shall be presumed that Glendora has no
comments and Azusa may proceed to issue the appropriate permits and begin construction.
4.3 Inspection Authority. The Parties agree that, as between Azusa and
Glendora, Azusa shall have the responsibility to inspect and approve the Citrus Avenue
Extension and Improvements, except that Glendora shall have authority to issue the final
inspection and final approval of the Citrus Avenue Extension and Improvements within the
City of Glendora. Notwithstanding such right, Glendora shall be authorized to periodically
inspect the Citrus Avenue Extension and Improvements while construction proceeds and
provide written comments and suggested changes as necessitated by field conditions to
Azusa. Azusa shall accommodate any such requested changes to the extent they are
consistent with the approved Plans for the Citrus Avenue Extension and Improvements and
to the extent they are necessitated by field conditions. Azusa shall be responsible for
reconciling the approved Plans with any changes made during field inspections.
5. Final Inspection Procedures. Upon completion of the Citrus Avenue Extension
and Improvements, Azusa shall inform Glendora of the completion date and opportunity
for final walk-through inspection. Glendora shall be responsible for issuing final approval
of the Citrus Avenue Extension and Improvements located in Glendora and Azusa shall be
responsible for issuing final approval of the Citrus Avenue Extension and Improvements
located in Azusa.
4563 5.01 000\14238422.1
6. Maintenance and Maintenance Costs. As noted in the Amended Agreement,
Azusa shall be solely responsible for all "Maintenance" and "Maintenance Costs," as such
terms are defined in the Amended Agreement, for the Citrus Extension and Improvements.
Azusa shall fulfill such "Maintenance" obligations within a reasonable timeframe based
upon Azusa's operational capacity once Azusa becomes aware of the need for Maintenance
to occur at the location of the Citrus Extension and Improvements. The street
improvements that are part of the Citrus Extension and Improvements shall be maintained
to a minimum Pavement Condition Index (PCI) of 70. Azusa shall coordinate with
Glendora for the traffic signal timing and phasing, and allow Glendora the ability to inspect
all of the Citrus Extension and Improvements for the work performed in the City of
Glendora, including the traffic control signals.
7. 1l1dCi nificatioll. The obligations of the Parties found in Section 4.11 of the
Amended Agreement (entitled "Indemnification") shall apply only to the activities of the
Parties arising out of or incident to their obligations in the Amended Agreement and this
SUPPLEMENTAL MOU within the area depicted and further described as the
"Indemnification Area" in Exhibit "A".
General Provisions.
8.1 Cooperation. The Parties agree to cooperate with each other in good faith
and in furtherance of the purposes of this SUPPLEMENTAL MOU. The Parties hereby
agree to take such other reasonable actions and execute such other documents as are
consistent with this SUPPLEMENTAL MOU and as are reasonably necessary to effectuate
this SUPPLEMENTAL MOU,
8.2 Attorneys' Fees. In the event that any action or proceeding is commenced
between the Parties to enforce or interpret any term of this SUPPLEMENTAL MOU, the
prevailing party in such action or proceeding, in addition to all other relief to which it may
be entitled, shall be entitled to recover fiom the other Party the prevailing party's costs of
suit and reasonable attorneys' costs and fees. The attorneys' costs and fees shall include,
without limitation, attorneys' costs and fees incurred on appeal and those incurred in
enforcing any judgment rendered in any such action or proceeding. Such attorneys' costs
and fees may be recovered as an element of costs in the underlying action or proceeding or
in a separate recovery action. Prior to filing suit, the parties shall submit all disputes to a
nonbinding mediation.
8.3 Modification. This SUPPLEMENTAL MOU may be modified only by
another written instrument duly authorized and executed by both Azusa and Glendora.
8.4 Severability. The provisions of this SUPPLEMENTAL MOU are
specifically made severable. If any clause, provision, rights and/or remedy provided for
herein is unlawful or unenforceable, the remainder of this SUPPLEMENTAL MOU shall
remain in effect and be enforced as if such clause, provision, right or remedy were not
contained herein.
45 63 5.01000\ 1423 8422.1
8.5 Execution. This SUPPLEMENTAL MOU may be executed in one or more
counterparts, each of which shall be an original and all such counterparts together shall
constitute the entire agreement of the Parties hereto.
8.6 Authorization. Each individual executing this SUPPLEMENTAL MOU
hereby represents and warrants that he or she has the full power and authority to execute
this SUPPLEMENTAL MOU on behalf of the named Parties.
SIGNATURES ON FOLLOWING PAGE
45635.01000114238422.1
SIGNATURE PAGE TO
SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING
REGARDING THE CONSTRUCTION OF IMPROVEMENTS IDENTIFIED IN
THE AMENDED COST SHARING AND MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF AZUSA AND THE CITY OF GLENDORA
IN WITNESS WHEREOF, the Parties have executed this SUPPLEMENTAL MOU as of
the Effective Date of this SUPPLEMENTAL MOU.
AZUSA:
By:Z2��iI"
Joseph Rocha, Mayor
Dated: /() /2 i /I S-
APPROVED AS TO LEGAL FORM:
By: _.
Cit Attorney
Bes Best & Kr ger L P
ATTEST:
Idefowcomej o, ty C lc
4563 5.01 000\ 1423 8422.1
GLENDORA
B34
Karen Davis, May
Dated: /a113'� c,E,5
--�- --
APPROVED AS TO LEGAL FORM:
By: Q �� q�"
City Attorney
Leech & Associates
ATTEST:
L
By rn�
Kath een es an, City Cleric
EXHIBIT A
CITRUS AVENUE EXTENSION AND IMPROVEMENTS AND INDEMNIFICATION
AREA
[attached behind this page]
EXHIBIT A
45635.0100011423 8422.1
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AZUSA AND THE CITY OF GLENDORA FOR THE
TRANSFER OF RULE 20A FUNDS
This Memorandum of Understanding ("MOU") is entered into as of
_QS4 D&r- /45 fµ , 2015, for reference purposes only, by and between the City of Azusa,
a California municipal corporation with its principal place of business at 213 E. Foothill Boulevard,
Azusa, CA 91702 ("Azusa") and the City of Glendora, a California municipal corporation with its
principal place of business at 116 E. Foothill Boulevard, Glendora, CA 91741 ("Glendora"). Azusa and
Glendora are sometimes individually referred to herein as "Party" and collectively as "Parties."
RECITALS
A. Electric utilities collect and annually allocate funds to communities to convert overhead
electric facilities to underground electric facilities ("Rule 20A Funds").
B. Glendora is actively planning one or more projects to underground overhead electric
facilities that qualify for the application and use of Rule 20A Funds (collectively the
"Projects"); however, Glendora's current allocation of Rule 20A Funds is insufficient to
move forward with such Projects as planned.
C. Southern California Edison ("SCE") currently holds a balance of two hundred seventy
thousand eight hundred eighty four dollars and no cents ($270,884.00) in Rule 20A
Funds for the benefit of Azusa ("Azusa Allocation").
D. Glendora desires to receive only a two hundred thousand dollars and no cents
($200,000.00) portion of the Azusa Allocation ("Glendora Portion") to use for
Glendora's intended purpose of undergrounding electric facilities in connection with the
Projects and Azusa desires to transfer the Glendora Portion to Glendora in exchange for
Glendora's execution of that certain "Supplemental Memorandum of Understanding
Regarding the Construction of Improvements Identified in the Amended Cost Sharing
and Maintenance Agreement" ("Supplemental MOU").
E. The parties intend by this MOU to memorialize the nature of their respective roles,
promises and obligations relating to the transfer of the Glendora Portion.
AGREEMENT
Now THEREFORE, based on and in consideration of the recitals set forth above, the Parties
hereto agree as follows:
1. Intention and Purpose. The intention of this MOU is for Azusa to transfer the Glendora
Portion to Glendora in consideration for Glendora's execution of the Supplemental MOU. The Parties
hereto intend for the execution of this MOU to be a condition precedent to the execution and effectiveness
of the Supplemental MOU.
2. Term. The term of this MOU shall commence on the Effective Date, as defined in
Section 3(A), and shall expire when the transfer of the Glendora Portion is complete.
45635.0 1000\10977977.7
Pa rtv Obligations.
A. Azusa agrees to transfer and assign its rights and interest in the Glendora Portion
to Glendora, and Glendora agrees to receive the Glendora Portion and execute the Supplemental MOU in
accordance with the terms of this MOU. Azusa agrees to cooperate with Glendora and SCE in order to
effectuate the transfer of the Glendora Portion to Glendora. This MOU shall be subject to the approval of
the City Council of Azusa and the City Council of Glendora and shall become effective on the date when
both such approvals have been obtained (the "Effective Date"). Notwithstanding the foregoing, if this
MOU has not become effective as of December 31, 2015, then either Party may terminate this MOU on
five (5) business days written notice to the other Party.
B. Within five (5) business days of the Effective Date, Azusa shall deliver a written
request to SCE, with a copy to Glendora, making a formal request to transfer and assign the Glendora
Portion of the Rule 20A Funds contained in the Azusa Allocation to and for the benefit of Glendora.
Azusa shall cooperate in good faith with Glendora to provide any additional documentation or
information that is reasonably requested by SCE to complete the transfer. Glendora acknowledges and
agrees that it has conducted its own investigation as to the applicability and transferability of the Glendora
Portion for use in the Projects and that Azusa has not made any representation or warranty to Glendora
with respect to same. The actual use of the Glendora Portion by Glendora shall be subject to the rules and
procedures adopted by SCE and such other conditions or requirements as are set forth in the Public
Utilities Code.
4. Indemnification. Glendora shall indemnify, defend and hold harmless Azusa, its elected
and appointed officials, officers, employees and agents, from any claim, damage or liability arising in
connection with the transfer or the use of Rule 20A Funds in the Glendora Portion from the Azusa
Allocation in connection with the Projects.
5. Notices. All notices to be given pursuant to this MOU shall be delivered in person or by
commercial overnight delivery to the address of the Party set forth above and addressed to the "City
Manager" of such Party and shall be effective upon receipt. Notice may further be given by electronic
means, provided, however, that such notice shall not be deemed effective unless it is acknowledged in
writing by the recipient of such notice.
6. Termination. In the event that either Party is in breach of its obligations as set forth in
this MOU, then the Party not in breach shall have the right to terminate this Agreement on ten (10)
business days written notice to the defaulting Party in breach unless the default is cured within such
notice period. Upon termination for breach, the non -defaulting Party may exercise any right or remedy
which it may have under applicable law.
7. Countcr arts. This MOU may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which when taken together shall constitute one and the same
instrument. The signature page of any counterpart may be detached therefrom without impairing the legal
effect of the signature(s) thereon provided such signature page is attached to any other counterpart
identical thereto except having additional signature pages executed by other parties to this MOU attached
thereto.
8. Severability. If any term, covenant or condition of this MOU shall, to any extent, be
invalid, void, illegal or unenforceable, the remainder of this MOU shall not be affected thereby, and each
other term, covenant or condition of this MOU shall be valid and be enforced to the fullest extent
permitted by law.
45635.01000\10977977.7
9. Governing Law. This MOU is made and entered into in the State of California and shall
be governed by and construed and enforced in accordance with the laws of the State of California. The
venue for resolving any disputes regarding this agreement shall be within the County of Los Angeles.
10. Amendment. No modification, variation or amendment of this MOU shall be effective
without the written consent of all of the parties to this MOU at the time of such modification, variation or
amendment.
11. Successors. This MOU shall be binding on and inure to the benefit of each of the
Parties' successors and assigns.
12. Attorneys' Fees. If any legal proceeding, including an action for declaratory relief, is
brought to enforce or interpret provisions of this MOU, the prevailing party will be entitled to reasonable
attorneys' fees, which may be set by the court in the same action or in a separate action brought for that
purpose, in addition to any other relief to which the party maybe entitled.
[Signatures on following page)
4563 5.01000\ 10977977.7
SIGNATURE PAGE TO THE
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AZUSA AND THE CITY OF GLENDORA FOR THE
TRANSFER OF RULE 20A FUNDS
IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the Effective
Date.
CITY OF AZUSA, CITY OF GLENDORA,
a California municipal corporation a California municipal corporation
By: / By: r
Name: 40W fKa /�C/d
Title:
Attest:
T yf�i
Approved as to form:
By.
City ttorney
Best est & Krieg r LLP
4563 5.01000\ 1097797 7.7
Name: Karen K. Davis
Title: Mayor
Attest:
By: o.L a, L
Kathleen R. essm n, City Clerk
Approved as to form:
By: 0 - I A 1�
City Attorney
Leech & Associates
ATTACHMENT 1
COST SHARING AND MAINTENANCE AGREEMENT BETWEEN
THE CITY OF AZUSA AND THE CITY OF GLENDORA
(EXTENSION OF CITRUS AVENUE AND RELATED IMPROVEMENTS)
1. PARTIES AND DATE.
This Cost Sharing and Maintenance Agreement ("Agreement") is made and entered
into this 15th day of Ma , 2006 by and between the City of Azusa, a California
municipal corporation located at 213 East Foothill Boulevard, Azusa, California 91702,
("Azusa") and the City of Glendora, a California municipal corporation located at 116 East
Foothill Boulevard, Glendora, California 91741 ("Glendora"). Azusa and Glendora are
sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement
2. RECITALS.
2.1 Monrovia Nursery Project. On February 3, 2003, the Azusa City Council
certified the EIR for the Monrovia Nursery Specific Plan, for development of the approximate 489 -
acre Monrovia Nursery site primarily located in the City of Azusa. The Specific Plan provides for
development of up to 1,250 dwelling units, 50,000 square feet of commercial space, parks, open
space and a school ("Project").
2.2 Settlement Agreement. In response to concerns expressed by the City of
Glendora, Azusa agreed to incorporate certain modifications and conditions to the Project
including the construction of a railroad bridge and grade -separated crossing of the Citrus Ave.
extension. On or about March 18, 2003, Azusa, Monrovia Nursery Company, and Glendora
entered into a Settlement Agreement addressing Glendora's concerns regarding the ETR.
2.3 Citrus Avenue Extension and Improvements. The developer of the Monrovia
Nursery Project ("Developer") desires to develop the Project in accordance with the approved
entitlements and the Settlement Agreement. One of the conditions of approval of the Settlement
Agreement requires the Developer to construct certain street improvements, including an extension
of an existing street known as "Citrus Avenue" and other street improvements ("Citrus Avenue
Extension and Improvements") within the corporate boundaries of the City of Glendora, in a
manner acceptable to the Glendora City Engineer. Furthermore, the Project also includes the
construction of a grade -separated railroad crossing and bridge structure.
2.4 Additional Benefits to Glendora. The Citrus Avenue Extension and Improvements
are meant to accommodate southeasterly access to the proposed Project, and will also
accommodate and benefit future development in the City of Glendora.
2.5 General Purpose of Agreement. Since the Citrus Avenue Extension and
Improvements will (1) require immediate acceptance into the Glendora street system by the City of
Glendora; and (2) require immediate maintenance by the City of Glendora prior to the time
Glendora directly benefits from the Citrus Avenue Extension and Improvements, the Parties have
agreed to enter into an agreement to delineate the timing and apportionment of the maintenance
oRAwcE\MxM117480.1
obligations for the Citrus Avenue Extension and Improvements upon the terms and conditions set
forth in this Agreement.
3. DEFINITIONS.
3.1 "Citrus Avenue Extension and Improvements." "Citrus Avenue Extension and
Improvements," as used in this Agreement refers to the portion of Citrus Ave. to be extended from
the future Monrovia Place to Foothill Blvd.
3.2 `Maintenance" or "Maintain." "Maintenance" or "Maintain," as used in this
Agreement, means repair, replacement or removal of any of the following items related to the
Citrus Avenue Extension and Improvements: sidewalks, retaining walls, sump pumps, pavement,
curb & gutter, catch basins, graffiti, parkways, lighting, striping, sewer and storm drain.
3.3 "Maintenance Costs" "Maintenance Costs" as used in this Agreement, means the
costs associated with the repair, replacement or removal of any of the following items related to
the Citrus Avenue Extension and Improvements, including, but not limited to maintenance, repair
or replacement of sidewalks, retaining walls, pavement, curb & gutter, catch basins, graffiti,
parkways, lighting, striping, sump pumps, sewers and storm drains.
4. TERMS.
4.1 Recitals. The Parties agree that the Recitals stated above are true and correct. The
Recitals and Exhibits are hereby incorporated herein and made an operative part of this
Agreement.
4.2 Acceptance by Glendora. Glendora shall undertake all actions necessary to secure
acceptance of the Citrus Avenue Extension and Improvements and related rights-of-way located
within the boundaries of the City of Glendora into the Glendora street system. Glendora's
acceptance of the Citrus Avenue Extension and Improvements shall be contingent upon finding
that the Citrus Avenue Extension and Improvements were constructed in accordance with
Glendora's standard specifications for such streets and improvements, as approved by the
Glendora City Engineer in accordance with the Settlement Agreement. Glendora's acceptance
shall not be unreasonably withheld.
4.3 Cost Sharing. The Parties agree to share the Maintenance Costs of the Citrus
Avenue Extension and Improvements as set forth below:
4.3.1 Azusa. Azusa shall pay one hundred percent (100%) of the Maintenance
Costs for the Citrus Avenue Extension and Improvements beginning on the date of acceptance by
the City of Glendora of the Citrus Avenue Extension and Improvements into the Glendora street
system. Azusa's obligation to pay one hundred percent of the Maintenance Costs shall remain in
effect until such time that traffic generated by Glendora commences use of the Citrus Avenue
Extension and Improvements. In order to determine this, a traffic study shall be performed that
apportions the traffic that may be using the Citrus Avenue Extension and Improvements
(`'Traffic Study") between traffic generated in Azusa and traffic generated in Glendora, as a basis
to ascertain a fair share allocation of maintenance cost. The Traffic Study shall be prepared by a
qualified consultant acceptable to Azusa and Glendora and shall be prepared at any time after,
oRANOE\M M1l 7480A 2
but no sooner than, the one-year anniversary of the acceptance by Glendora of the Citrus Avenue
Extension and Improvements into the Glendora street system, but not later than the two-year
anniversary of such acceptance. The total costs of the Traffic Study shall be shared by Azusa
and Glendora on an equal basis and both Parties shall provide input into the preparation of such
Traffic Study prior to its preparation. Thirty days (30) after the completion of the Traffic Study,
Glendora and Azusa shall share the Maintenance Costs in accordance with the percentage of
traffic generated in each jurisdiction as identified in the Traffic Study.
4.3.2 Glendora. Notwithstanding section 4.3.1, above, the traffic study to
determine apportionment of maintenance cost shall be undertaken when Glendora constructs a
street within its jurisdiction with a direct or indirect connection and access to the Citrus Avenue
Extension.
4.3.3 Determination of Maintenance Cost. A Maintenance Cost Study shall be
prepared in conjunction with the Traffic Study referenced in Section 4.3.1 to determine the cost
to maintain the Citrus Avenue Extension and Improvements. The Maintenance Cost Study may
be prepared by a qualified consultant or by or on behalf of the designated representatives
identified in Section 4.7 and 4.8 of this Agreement at the discretion of the designated
representatives. If the Maintenance Cost Study is undertaken by a consultant, the same
cooperative procedure for undertaking the Traffic Study described in Section 4.3.1 shall be used
in undertaking the Maintenance Cost Study.
4.3.4 Re uest for Rea ortionment Study. Either party may from time to time
request a Traffic Study and associated Maintenance Cost Study as described above, to. reevaluate
the apportionment of the maintenance costs. The parties shall each pay its proportionate share of
the cost of such studies.
4.4 Term.
The term of this Agreement shall be twenty years from May 15, 2006, unless
earlier terminated as provided herein. The Parties shall meet all the responsibilities established
under this Agreement.
4.5 Responsibilities of Azusa.
4.5.1 Payment. Azusa agrees to pay to Glendora its portion of the Maintenance
Costs within sixty (60) days of receipt of an invoice from Glendora. The invoice shall reflect a
payment obligation that is in compliance with Section 4.3.
4.6 Responsibilities of Glendora.
4.6.1 Maintenance. Glendora agrees to maintain the Citrus Avenue Extension
and Improvements using the same maintenance standards as other similar streets in Glendora,
and in accordance with the standards set forth in the Maintenance Study described in
Section4.3.3.
ORANCOMXM117480. I
4.6.2 Billing. Glendora agrees to submit quarterly invoices to Azusa which
detail (i) the total maintenance costs for the preceding quarter and (ii) Azusa's due and payable
apportioned share of those Maintenance Costs in accordance with Section 4.3.
4.6.3 Maintenance -and Inspection. Glendora shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Glendora shall allow a representative of Azusa during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Glendora agrees to allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement.
4.6.4 Standard of Care, Performance of Employees, Glendora shall perform all
maintenance obligations under this Agreement in a skillful and competent manner, consistent
with the standards employed for other streets in the Glendora street system. Glendora represents
and warrants that it will use employees, contractors and subcontractors that possess the skill in
the professional calling necessary to perform the maintenance obligations required under this
Agreement. Finally, Glendora agrees and represents that it, its employees, contractors and
subcontractors shall be required to have all licenses, permits, qualifications and approvals of
whatever nature that are legally required to perform the maintenance obligations.
4.7 Azusa's Representative.
Azusa hereby designates its City Manager or designee to act as its representative
for the performance of this Agreement ("Azusa's Representative"). Azusa's Representative shall
have the power to act on behalf of the Azusa for all purposes under this Contract. Glendora shall
not accept direction or orders from any person other than the Azusa's Representative.
4.8 Glendora's Representative.
Glendora hereby designates its City Manager, or his or her designee, to act as its
representative for the performance of this Agreement ("Glendora's Representative"). Glendora's
Representative shall have full authority to represent and act on behalf of the Glendora for all
purposes under this Agreement.
4.9 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:
G LENDORA:
City of Glendora
116 East Foothill Blvd.
Glendora, CA 91741
Attn: City Manager
ORANGEVvIXM\ 17480.1 4
Azusa.:
City of Azusa
213 East Foothill Boulevard,
Azusa, CA 91702
Attn: City Manager
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.
4.10 Cooperation; Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
4.11 Indemnification.
(a) Azusa shall defend, indemnify and hold Glendora, its officials,
officers, employees, volunteers and agents free and harmless from any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or.injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions or willful misconduct of the Azusa, its- officials, officers, employees, agents,
consultants and subcontractors arising out of or in connection with the performance of the this
Agreement, including without limitation the payment of all consequential damages and attorneys
fees and other related costs and expenses. Azusa shall defend, at Azusa's own cost, expense and
risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be
brought or instituted against Glendora, its directors, officials, officers, employees, agents or
volunteers. Azusa shall pay and satisfy any judgment, award or decree that may be rendered
against Glendora or its directors, officials, officers, employees, agents or volunteers, in any such
suit, action or other legal proceeding. Azusa shall reimburse Glendora and its directors, officials,
officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein provided. Azusa
shall not be required to indemnify and hold harmless Glendora for liability attributable to the
sole fault of GIendora, provided such fault is determined by agreement between the Parties or the
findings of a court of competent jurisdiction. In cases where it has been shown that Glendora is
shown to have been at fault and where Glendora's fault accounts only for a percentage of the
liability involved, the obligation of Glendora will be for that entire portion or percentage of
liability not attributable to the fault of the Azusa.
(b) Glendora shall defend, indemnify and hold Azusa, its officials,
officers, employees, volunteers and agents free and harmless from any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions or willful misconduct of Glendora, its officials, officers, employees, agents,
consultants and subcontractors arising out of or in connection with the performance of this
Agreement, including without limitation the payment of all consequential damages and attorneys
fees and other related costs and expenses. Glendora shall defend, at Glendora's own cost,
oRwoeWMI7480.1
expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every
kind that may be brought or instituted against Azusa, its directors, officials, officers, employees,
agents or volunteers. Glendora shall pay and satisfy any judgment, award or decree that may be
rendered against Azusa or its directors, officials, officers, employees, agents or volunteers, in any
such suit, action or other legal proceeding. Glendora shall reimburse Azusa and its directors,
officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Glendora's obligation to indemnify shall not be restricted to insurance proceeds, if any, received
by the Azusa, its directors, officials officers, employees, agents or volunteers. Glendora shall not
be required to indemnify and hold harmless Azusa for liability attributable to the sole fault of the
Azusa, provided such fault is determined by agreement between the Parties or the findings of a
court of competent jurisdiction. In cases where it has been shown that the Azusa is shown to
have been at fault and where the Azusa's fault accounts only for a percentage of the liability
involved, the obligation of the Azusa will be for that entire portion or percentage of liability not
attributable to the fault of the Glendora.
4.12 Attorneys' 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 and expenses of such action.
4.13 Entire Agreement. This Agreement contains the entire agreement of the Parties
with respect to the subject matter hereof. This Agreement may only be modified in writing
signed by both Parties.
4.14 Governing Law; Venue. This Agreement shall be interpreted in accordance with
the laws of the State of California. If any action is brought to interpret or enforce any term of
this Agreement, the action shall be brought in a court of competent jurisdiction situated in Los
Angeles County, California.
4.15 Construction; References; Captions. Since the Parties or their agents have
participated fully in 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. 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,
4.16 Amendment; Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
4.17 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.
4.18 Authority to Enter Contract. Each Party represents that they are fully
competent and capable to execute, deliver, and perform this Agreement.
ORANGEVvixl 17480.1 6
4.19 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
CITY OF AZUSA
CITY OF GLENDORA
Mayor Mayor
Attest: Attest:
City Clerk City Clerk
Approved as to Form:
City Attorney
Approved as to Form:
oRNGENXM»aso.1 7
City Attorney
ATTACHMENT 2
AMENDED COST SHARING AND MAINTENANCE AGREEMENT BETWEEN
THE CITY OF AZUSA AND THE CITY OF GLENDORA
EXTENSION OF CITRUS AVENUE AND RELATED IMPROVEMENTS
1. PARTIES AND DATE.
This Amended Cost Sharing and Maintenance Agreement ("Agreement") is' made and entered into
this 7`h day of November, 2011 by and between the City of Azusa, a California municipal
corporation located at 213 East Foothill Boulevard, Azusa, California 91702, ("Azusa") and the
City of Glendora, a California municipal corporation located at 116 East Foothill Boulevard,
Glendora, California 91741 ("Glendora"). Azusa and Glendora are sometimes individually
referred to as "Party" and collectively as "Parties" in this Agreement
2. RECITALS.
2.1 Monrovia Nursery Project. On February 3, 2003, the Azusa City Council
certified the EIR for the Monrovia Nursery Specific Plan, for development of the approximate 489 -
acre Monrovia Nursery site primarily located in the City of Azusa. The Specific Plan provides for
development of up to 1,250 dwelling units, 50,000 square feet of commercial space, parks, open
space and a school ("Project").
2.2 Settlement Agreement. In response to concerns expressed by the City of
Glendora, Azusa agreed to incorporate certain modifications and conditions to the Project
including the construction of a railroad bridge and grade -separated crossing of the Citrus Ave.
extension. On or about March 18, 2003, the City of Azusa, Monrovia Nursery Company, and"the
City of Glendora entered into a Settlement Agreement addressing Glendora's concerns regarding the
EIR.
2.3 Citrus Avenue Extension and Improvements. The developer of the Monrovia
Nursery Project ("Developer") desires to devdlop the Project in accordance with the approved
entitlements and the Settlement Agreement. One of the conditions of approval of the Settlement
Agreement requires the Developer to construct certain street improvements, including an extension of
an existing street known as "Citrus Avenue" and other street improvements ("Citrus Avenue
Extension and Improvements") within the corporate boundaries of the City of Glendora, in a
manner acceptable to the Glendora City Engineer. Furthermore, the Project also includes the
construction of a grade -separated railroad crossing and bridge structure which has been completed.
2.4 May 15, 2006 Cost Sharing and Maintenance Agreement Between the City of Azusa
and the City of Glendora. On May 15, 2006, the Parties entered into a Cost Sharing and Maintenance
Agreement Between the City of Azusa and the City of Glendora. This Amended Agreement shall supersede
the May 15, 2006 Cost Sharing and Maintenance Agreement Between the City of Azusa and the City of
Glendora in its entirety.
2.5 General Purpose of Agreement. Since the Citrus Avenue Extension and
Improvements will (1) require immediate acceptance into the Glendora street system by the City of
Glendora; and (2) require immediate maintenance by an agency. The City of Glendora no
longer directly benefits from the Citrus Avenue Extension and Improvements. Therefore the Parties
have agreed to enter into this Amended Agreement which shall supersede the May 15, 2006 Cost
Sharing and Maintenance Agreement Between the City of Azusa and the City of Glendora. The City of
Azusa shall perform all maintenance and pay for all maintenance costs for the Citrus Avenue
Extension and Improvements upon the terms and conditions set forth in this Agreement.
3. DEFINITIONS.
3.1 "Citrus Avenue Extension and Improvements." "Citrus Avenue Extension
and Improvements," as used in this Agreement refers to the portion of Citrus Avenue to be extended
from the future Monrovia Place to Foothill Boulevard.
3.2 "Maintenance" or "Maintain." "Maintenance" or "Maintain," as used in this
Agreement, means repair, replacement or removal of any of the following items related to the
Citrus Avenue Extension and Improvements: sidewalks, retaining walls, sump pumps, pavement,
curb & gutter, catch basins, graffiti, parkways, landscaping, lighting, striping, signage, sewer and
storm drain.
3.3 "Maintenance Costs" "Maintenance Costs" as used in this Agreement, means the
costs associated with the repair, replacement or removal of any of the following items related to
the Citrus Avenue Extension and Improvements, including, but not limited to maintenance, repair
or replacement of sidewalks, retaining walls, pavement, curb & gutter, catch basins, graffiti,
parkways, lighting, landscaping, retaining wall maintenance, striping, signage, sump pumps, sewers
and storm drains.
4. TERMS.
4.1 Recitals. The Parties agree that the Recitals stated above are true and correct. The
Recitals and Exhibits are hereby incorporated herein and made an operative part of this
Agreement,
4.2 Acceptance by Glendora. Glendora shall undertake all actions necessary to secure
acceptance of the Citrus Avenue Extension and Improvements and related rights-of-way located
within the boundaries of the City of Glendora into the Glendora street system, Glendora's
acceptance of the Citrus Avenue Extension and Improvements shall be contingent upon finding
that the Citrus Avenue Extension and Improvements were constructed in accordance with
Glendora's standard specifications for such streets and improvements, as approved by the
Glendora City Engineer' in accordance with the Settiement Agreement, Glendora's acceptance
shall not be unreasonably withheld.
4.3 Responsibility for Maintenance Costs. The Parties agree that the City of Azusa
shall pay one hundred percent (100%) of the Maintenance Costs for the Citrus Avenue
Extension and Improvements beginning on the date of acceptance by the City of Glendora
of the Citrus -Avenue Extension and Improvements into the Glendora Street system.
4.4 Term.
The term of this Agreement shall be in perpetuity unless earlier terminated as
provided herein, The Parties shall meet all the responsibilities established under this Agreement.
4.5 Responsibilities of Azusa.
4.5.1 Maintenance and Payment. Azusa agrees to Maintain and to pay for one
11-07-11 - Attachment - Citrus Ave Agreement with Glendora.doc
hundred percent (100%) of the Maintenance Costs for the Citrus Avenue Extension and
Improvements. If Glendora pays for some of the maintenance Costs, Azusa "shall reimburse
Glendora for said costs within sixty (60) days of Azusa's receipt of an invoice from Glendora.
4.5.2 Standard of Care, Performance of Emp]oyees Azusa shall perform all
maintenance obligations under this Agreement in a skillful and competent manner.. consistent with
the standards employed for other streets in the Azusa street system. Azusa represents and warrants
that it shall use employees, contractors -and subcontractors that possess the skill in the professional
calling necessary to perform the maintenance obligations required under this Agreement. Finally,
Azusa agrees and represents that it, its employees, contractors and subcontractors shall be
required to have all licenses, permits, qualifications and approvals of whatever nature that are
legally required to perform the maintenance obligations.
4.6 Responsibilities of Glendora.
4.6.1 Encroachment and Excavation Permit. Glendora agrees to grant Azusa an
annual no fee encroachment and excavation permit within the Citrus Avenue Extension and
Improvements for maintenance of the Citrus Avenue Extension and Improvements using the
same maintenance standards as other similar streets in Glendora.
4.7 Azusa's Representative. Azusa hereby designates its City Manager or designee to
act as -its representative for the performance of this Agreement ("Azusa's Representative"). Azusa's
Representative shall have the power to act on behalf of Azusa for all purposes under this Agreement.
Glendora shall not accept direction or orders from any person other than Azusa's Representative.
4.8 Glendora's Representative.
Glendora hereby designates its City Manager, or his or her designee, to act as its representative for the
performance of this Agreement ("Glendora's Representative"). Glendora's Representative shall have
full authority to represent and act -on behalf of Glendora for all purposes under this Agreement
4.9 Notices. All.naticesperrnitted or required under. this Agreement shall be.given to
the respective parties afi the fallowing address, or at such other address as the respective parties
may provide in writing for this purpose:
GLENDORA:
AZUSA:
City of Glendora
116 East Foothill Blvd.
Glendora, CA 91741
Attn: City Manager
City of Azusa
213 East Foothill Boulevard,
Azusa, CA 91702
Attn: City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the US 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
11-07-11 - Attachment - Citrus Ave Agreement with Glendora.doc
occurred, regardless of the method of service.
4.10 Cooperation; Further Acts, The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement
4.11 Indemnification.
(a) Azusa shall defend, indemnify and hold Glendora, its officials,
officers, employees, volunteers and agents free and harmless from any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions or willful misconduct of the Azusa, its officials, officers, employees, agents,
consultants and subcontractors arising out of or in connection with the performance of the this
Agreement, including without limitation the payment of all consequential damages and attorneys
fees and other related costs and expenses. Azusa shall defend, at Azusa's own cost, expense and
risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be
brought or instituted against Glendora, its directors, officials, officers, employees, agents or
volunteers. Azusa shall pay and satisfy any judgment, award or decree that may be rendered
against Glendora or its directors, officials, officers, employees, agents or volunteers, in any such
suit, action or other legal proceeding. Azusa shall reimburse Glendora and its directors, officials,
officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein provided. Azusa
shall not be required to indemnify and hold harmless Glendora for liability attributable to the
sole fault of Glendora, provided such fault is determined by agreement ' between the Parties or the
findings of a court of competent jurisdiction. In cases where it has been shown that Glendora is
shown to have been at fault and where Glendora's fault accounts only for a percentage of the
liability involved, the obligation of Glendora will be for that entire portion or.. -percentage of
liability not attributable to the fault of the Azusa.
(b) • Glendora shall defend, -indemnify and hold Azusa, its officials,
officers, employees, volunteers and agents free and harmless from any and all claims, demands;
causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions or willful misconduct of Glendora, its officials, officers, employees, agents,
consultants and subcontractors arising out of or in connection with the performance of this
Agreement, including without limitation the payment of all consequential damages and attorneys
fees and other related costs and expenses. Glendora shall defend, at Glendora's own cost,
expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every
kind that may be brought or instituted against Azusa, its directors, officials, officers, employees,
agents or volunteers. Glendora shall pay and satisfy any. judgment, award or decree that may be
rendered against Azusa or its directors, officials, officers, employees, agents or volunteers, in any
such suit, action or other legal proceeding. Glendora shall reimburse Azusa and its directors.
officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided,
Glendora's obligation to indemnify shall not be restricted to insurance proceeds, if any, received
by the Azusa, its directors, officials officers, employees, agents or volunteers, Glendora shall not
be required to indemnify and hold harmless Azusa for liability attributable to the sole fault of the
Azusa, provided such fault is determined by agreement between the Parties or the findings of a
11-07-11 -Attachment -Citrus Ave Agreement with Glendora.doc
court of competent jurisdiction, In cases where it has been shown that the Azusa is shown to
have been at fault and where the Azusa's fault accounts only for a percentage of the liability
involved, the obligation of the Azusa will be for that entire portion or percentage of liability not
attributable to the fault of the Glendora.
4.12 Attorneys' 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 and expenses of such action.
4.13 Entire Agreement. This Agreement contains the entire agreement of the Parties
with respect to the subject matter hereof. This Agreement may only be modified in writing
and signed by both Parties.
4.14 Governing Law; Venue .This Agreement shall be interpreted in accordance with
the laws of the State of California. If any action is brought to interpret or enforce any term of
this Agreement, the action shall be brought in a court of competent jurisdiction situated in Los
Angeles County, California.
4.15 Construction; References; Captions. Since the Parties or their agents have
participated fully in 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 Part. The
captions of the various articles and paragraphs are for'convenience and ease of reference only,
and da not define, limit, augment, or describe the scope, content, or intent of this Agreement,
. 4.16 Amendment; Modification. -No supplement, modification, or amendment of this
Agreement shall be binding unless. executed in writing and signed by both Parties.
4.17 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.
4.18 Authority to Enter into Agreement. Each Party represents that they are
fully competent and capable to execute, deliver, and perform this Agreement.
4.19 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
11-07-11 - Attachment - Citrus Ave Agreement with Glcndora.doc
CITY OF AZUSA
BYAll" F
oe R. Rt)cli<:
Mayor
CITY OF GLEE ORA
By:
Dou , s F. Te sitar
Mayor
Attest. Attest
Vera Mendoza Kathl en Sesslnar3
City Clerk City Clerk
Approved as to Form:
By. _ ��Gt.C�.c � • ��
Sonia Carvalho
City Attorney
11-07-1 1 - Attachment -Citrus Ave Agreement with Glendora.doc
Approved as to Form:
By: Rayne Leech
City Attorney
L
APPROVED
COUNCIL MEETING
Date' 1°111115
, ` _
� N
AZUSAt
CONSENT ITEM
E-6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: SUSAN PARAGAS, DIRECTOR OF FINANCE
DATE: OCTOBER 19, 2015
SUBJECT: CITY MANAGER APPROVED CONTRACTS FOR PERIOD ENDING
SEPTEMBER 30, 2015
SUMMARY:
On July 20, 2015, the City Council adopted Ordinance No. 2015-06 amending and restating
Article VII, Chapter 2 of the Azusa Municipal Code relating to bidding, contracting and purchase
of projects, supplies services and equipment. The ordinance went into effect on August 21, 2015.
Section 2-538 (c)(2) includes a provision that a list of contracts and their amounts be provided to
the City Council, at least once per month, when the City Manager/Purchasing Officer executes
contracts within his authority limit of$25,000 or less. This action is to receive and file the list of
contracts executed by the City Manager for the period ending September 30, 2015.
RECOMMENDATION:
It is recommended that the City Council take the following action:
1) Receive and file the list of agreements executed by the City Manager from August 21,
2015 to September 30, 2015.
DISCUSSION:
On July 20, 2015, the City Council adopted Ordinance No. 2015-06 amending and restating
Article VII, Chapter 2 of the Azusa Municipal Code relating to bidding, contracting and purchase
of projects, supplies services and equipment. The amendments provide more effective and
efficient procurement processes including an increase to the formal bidding procedures and
thresholds for the City Manager to award contracts up to $25,000 for professional services,
supplies and equipment.
Since the new ordinance went into effect on August 21, 2015, the City Manager has executed five
(5) contracts, four(4) of which were $25,000 or under. Although the fifth contract awarded by the
City Manager exceeded the $25,000 threshold it was approved under Section 2-253 which
authorizes the City Manager to execute contracts on an emergency basis such as to avoid danger to
life, health, or property.
City Manager Approved Contracts
October 19, 2015
Page 2 of 2
The contract to GAMA Contracting Services was awarded due to an emergency abatement of
hazardous conditions of a property owned by the Successor Agency. This urgent action was
necessary to mitigate immediate health and safety concerns.
The following contracts were approved by the City Manager for the period August 21, 2015
through September 30, 2015.
DATE
VENDOR NAME SIGNED AMOUNT PURPOSE
1. Jose Antonio Aguire Studio 8/27/2015 $9,999 Letter of Agreement
Azusa Intermodal Transit Center-Art Design
2. CBRE 9/2/2015 $25,000 Professional Services Agreement
Real Estate Brokerage Consulting
3. GAMA Contracting Services 9/9/2015 $40,650 Short Form Construction Contract
Emergency Abatement-809 N. Dalton Ave.
4. ClearSource Financial Consulting 9/24/2015 $19,200 Professional Services Agreement
User Fees&Charges Study
5. JDA Decisions 9/30/2015 $ 7,000 Letter of Agreement
Administrative Hearing Officer
FISCAL IMPACT:
The individual contract amounts are listed above.
Prepared by: Reviewed and Approved by:
Susan Paragas Troy L. Butzlaff, ICMA-CM
Director of Finance City Manager