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HomeMy WebLinkAboutAgenda Packet - November 16, 2015 - CC • APPROVED COUNCIL MEETING Date u.v**. AZUSA. CONSENT ITEM D-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: NOVEMBER 16, 2015 SUBJECT: HUMAN RESOURCES ACTION ITEMS SUMMARY: On November 10, 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 November 10, 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 Utilities Manuel Sencion Customer Service Regular Appointment 5174/4 Representative III 10/15/2015 $4,883.36 Utilities Felix Zarate Water Distribution Merit Increase 5167/4 Worker I 10/22/2015 $4,655.12 Public Works Phillip Flores Engineering Assistant Merit Increase 4186/3 10/22/2015 $4,992.93 Human Resources Action Items November 12, 2015 Page Two B. PROMOTION—The following promotion(s)have 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 Police Phillip Brock From: Police Officer Trainee 11/22/2015 6101/1 To: Police Officer $5,946.48 C. SEPARATION: The following separations are submitted for informational purposes. DEPARTMENT NAME CLASSIFICATION EFFECTIVE DATE Police Tim Harrington Police Lieutenant 11/20/2015 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 Date, I 1 \\kiAlq Kyr. h moi+ AZUSA CONSENT ITEM D-4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER FROM: SAMUEL G. GONZALEZ, CHIEF OF POLICE DATE: NOVEMBER 16,2015 SUBJECT: LEASE OF NINE (9) UNMARKED POLICE VEHICLES FROM ENTERPRISE FLEET SERVICES SUMMARY: The Police Department utilizes leased vehicles for detectives and command staff. Nine (9) lease contracts are set to expire on February 29, 2016 and will need to be replaced. The monthly cost to lease nine (9) replacement vehicles will range from $316.99 to $424.98. This action waives the competitive bid process and approves the lease of nine (9) unmarked, police vehicles from Enterprise Fleet Services in Ontario. RECOMMENDATIONS: It is recommended that the City Council take the following actions: 1) Waive competitive bidding as authorized under Azusa Municipal Code Section 2.523 (e) and approve a lease contract with Enterprise Fleet Services, 1480 E. Francis Street, Ontario, CA for the lease of nine (9), unmarked police vehicles in an amount not to exceed $38,679.48 annually; and 2) Authorize the City Manager to execute a lease agreement with Enterprise Fleet Services, in a form acceptable to the City Attorney,on behalf of the City. DISCUSSION: In January 2012, the City Council authorized the Police Department to enter into a four (4) year lease agreement with Enterprise Fleet Services for nine (9) unmarked police vehicles. Those contracts are set to expire and the vehicles need to be replaced. Lease of Nine(9)Unmarked Police Vehicles November 16,2015 Page 2 The monthly cost for the nine (9) proposed unmarked vehicles will range from $316.99 to $424.98. The pricing variance is based on the vehicle make, model and type and includes sedans, SUV's and minivans. Moreover, the vehicles will be selected based on their reliability history and safety as determined by Consumer Reports. The nine (9) newly leased vehicles will be used by detectives and command staff during the course of their duties. The vehicles will be leased on 48 month, 16,000 annual mileage, closed-end leases. This type of lease agreement provides for a fixed monthly rental amount and provides for no penalty if the vehicles do not exceed the maximum mileage allowance. The total cost of the 48 month lease will be $154,717.92. Within the City's Purchasing Ordinance, codified in Azusa Municipal Code Chapter 2-523 (e), an exception is provided to the competitive bidding process when the purchase is processed through a cooperative purchasing agreement, with another public agency whose procurement process is consistent with the City of Azusa. The West Contra Costa Unified School District announced a Request for Proposal(RFP#1112-03,Attachment#2) for lease vehicles. Enterprise Fleet Services was awarded the Contract (RFP #1112-03, Attachment #3) and extended the contract to July 2016 (RFP #1112-03, Attachment #4) because they were determined to be the lowest bidder in which vehicles are leased on both a short and long-term basis. The lease agreement has been reviewed by the City Attorney and approved as to form. FISCAL IMPACT: There are adequate funds available for leasing three (3) vehicles from grant money (COPS/Brulte), account #26-20-310-000-6823, and the other six (6) vehicles will be paid from General Fund account #10-20-310-000-6823. Funds for sustaining the lease agreement will be budgeted for in the subsequent years until the end of the lease agreements in F/Y 2018/19. Prepared by: Reviewed and approved: Stephan Hunt Samuel G. Gonzalez Captain Chief of Police Reviewed and Approved: Troy L. Butzlaff, ICMA-CM City Manager Attachments: 1) Copy of Enterprise Lease Agreement(sample—master agreement) 2) Copy of Request for Proposal-West Contra Costa Unified School District(Bid#1112-03) 3) Copy of Award of Contract-West Contra Costa Unified School District(Bid#1112-03) 4) Copy of Extension of Award of Contract-West Contra Costa Unified School District(Bid #1112-03) ATTACHMENT 1 04-02007 (2F 252425 ) AMENDED AND RESTATED MASTER WALKAWAY LEASE AGREEMENT This Amended and Restated Master Walkaway Lease Agreement is entered into as of 8-'30 ,20 !a by and among Enterprise Fleet Management,Inc.,a Missouri corporation("EFM"),Enterprise FM Trust,a Delaware statutory trust(the"Titling Trust"),and the lessee whose name and address is set forth on the signature page below("Lessee").As of the date hereof,the vehicles listed on Exhibit A attached hereto and incorporated herein by reference,if any,are owned by EFM and leased to Lessee hereunder by EFM and the vehicles listed on Exhibit B attached hereto and incorporated herein by reference,if any,are owned by the Titling Trust and leased to Lessee hereunder by the Titling Trust. The owner of each Vehicle which is leased under this Amended and Restated Master Walkaway Lease Agreement after the date hereof will be as listed on the applicable Schedule. For all purposes of this Amended and Restated Master Walkaway Lease Agreement(including each Schedule),the term"Lessor"shall mean whichever of EFM or the Titling Trust,as the case may be,is the owner of the applicable Vehicle.The rights and obligations of each Lessor under this Agreement are several and not joint and neither Lessor shall have any liability for or with respect to any act or omission of the other Lessor under or in respect of this Agreement. This Amended and Restated Master Walkaway Lease Agreement is an amendment,restatement and continuation of.and not a novation of, that certain Master Walkaway Lease Agreement dated as of December 21st.2007,by and between Enterprise Rent-A-Car Company of Los Angeles, LLC,a Delaware limited liability company which is the successor to Enterprise Rent-A-Car Company of Los Angeles,a Nevada corporation(the"Original Lessor')and Lessee,as amended(as so amended,the"Existing Lease Agreement").All"Schedules"(as defined therein)under the Existing Lease Agreement shall henceforth be deemed to be Schedules under this Amended and Restated Master Walkaway Lease Agreement.The Titling Trust and EFM were added as additional lessors under the Existing Lease Agreement and/or were the direct or indirect assignees of the Original Lessor.Lessee hereby consents to any direct or indirect assignment of any or all of the Original Lessor's rights,obligations and duties under the Existing Lease Agreement to the Titling Trust or EFM. 1. LEASE OF VEHICLES: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles(individually,a"Vehicle"and collectively,the"Vehicles")described in the schedules from time to time delivered by Lessor to Lessee as set forth below("Schedule(s)")for the rentals and on the terms set forth in this Agreement and in the applicable Schedule.References to this"Agreement"shall include this Amended and Restated Master Walkaway Lease Agreement and the various Schedules and addenda to this Amended and Restated Master Walkaway Lease Agreement. Lessor will,on or about the date of delivery of each Vehicle to Lessee,send Lessee a Schedule covering the Vehicle,which will include,among other things,a description of the Vehicle,the lease term and the monthly rental and other payments due with respect to the Vehicle and whether EFM or the Titling Trust is the owner of the Vehide.The terms contained in each such Schedule will be binding on Lessee unless Lessee objects in writing to such Schedule within ten(10)days after the date of delivery of the Vehicle covered by such Schedule.Lessor is the sole legal owner of each Vehicle.This Agreement is a lease only and Lessee will have no right,title or interest in or to the Vehicles except for the use of the Vehicles as described in this Agreement. This Agreement shall be treated as a true lease for federal and applicable state income tax purposes with Lessor having all benefits of ownership of the Vehicles.It is understood and agreed that,where Lessor is the Titling Trust,EFM or an affiliate thereof(together with any subservicer. agent or successor or assign as servicer on behalf of the Titling Trust,"Servicer')may administer this Agreement on behalf of the Titling Trust,as Lessor,and may perform the service functions herein provided to be performed by Lessor. 2. TERM: The term of this Agreement("Term")for each Vehicle begins on the date such Vehicle is delivered to Lessee(the'Delivery Date")and, unless terminated earlier in accordance with the terms of this Agreement,continues for the"Lease Term"as described in the applicable Schedule. 3. RENT AND OTHER CHARGES: (a)Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules and this Agreement. The monthly payments will be in the amount listed as the"Total Monthly Rental Including Additional Services"on the applicable Schedule(with any portion of such amount identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for EFM)and will be due and payable in advance on the first day of each month.If a Vehicle is delivered to Lessee on any day other than the first day of a month,monthly rental payments will begin on the first day of the next month. In addition to the monthly rental payments,Lessee agrees to pay Lessor a pro-rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. Lessee agrees to pay Lessor the"Total Initial Charges"set forth in each Schedule on the due date of the first monthly rental payment under such Schedule.Lessee agrees to pay Lessor the"Service Charge Due at Lease Termination"set forth in each Schedule at the end of the applicable Term(whether by reason of expiration,early termination or otherwise). (b) The monthly rental rate allows the number of miles per month as set forth in the applicable Schedule. Lessee agrees to pay Lessor at the end of the applicable Term(whether by reason of expiration,early termination or otherwise)an excess mileage charge for any miles in excess of this average amount per month at the rate set forth in the applicable Schedule. (c)Any security deposit of Lessee will be returned to Lessee at the end of the applicable Term,except that the deposit will first be applied to any losses and/or damages suffered by Lessor as a result of Lessee's breach of or default under this Agreement and/or to any other amounts then owed try Lessee to Lessor. (d)Any rental payment or other amount owed by Lessee to Lessor which is not paid within twenty(20)days after its due date will accrue interest, payable on demand of Lessor,from the date due until paid in full at a rate per annum equal to the lesser of(i)Eighteen Percent(18%)per annum or(ii) the highest rate permitted by applicable law(the"Default Rate"). (e)If Lessee fails to pay any amount due under this Agreement or to comply with any of the covenants contained in this Agreement,Lessor, Servicer or any other agent of Lessor may,at its option,pay such amounts or perform such covenants and all sums paid or incurred by Lessor in connection therewith will be repayable by Lessee to Lessor upon demand together with interest thereon at the Default Rate. (f) Lessee's obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments shall be made in immediately available funds without setoff,counterclaim or deduction of any kind. Lessee acknowledges and agrees that neither any Casualty Occurrence to any Vehicle nor any defect,unfitness or lack of governmental approval in,of,or with respect to,any Vehicle regardless of the cause or consequence nor any breach by EFM of any maintenance agreement between EFM and Lessee covering any Vehicle regardless of the cause or consequence will relieve Lessee from the performance of any of its obligations under this Agreement,including,without limitation,the payment of rent and other amounts under this Agreement. 4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized,licensed and insured drivers to use and operate the Vehicles. Lessee agrees to comply with,and cause its drivers to comply with,all laws,statutes,rules,regulations and ordinances and the provisions of all insurance policies affecting or covering the Vehicles or their use or operation.Lessee agrees to keep the Vehicles free of all liens,charges and encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire,for any illegal purpose or to pull trailers that exceed the manufacturer's trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a"school bus"as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not to remove any Vehide from the continental United States without first obtaining Lessor's written consent. At the expiration or earlier termination of this fJ 04-02007 (2F 252425 ) Agreement with respect to each Vehicle,u. _;,on demand by Lessor made pursuant to Section 14, -;ee al its risk and expense agrees to return such Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor.in the same repair.condition and working order as at the commencement of the applicable Term,reasonable wear and tear resulting from proper use excepted. If a Vehicle is not returned in the required condition,Lessee agrees to pay Lessor,al Lessor's option,the estimated cost to restore such Vehicle to such condition,or the actual cost of restoration, if the Vehicle is restored. If for any reason Lessee fails to return any Vehicle to Lessor as and when required in accordance with this Section.Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal pro-rated daily rent. Acceptance of such additional rent by Lessor will in no way limit Lessor's remedies with respect to Lessee's failure to return any Vehicle as required hereunder. 5. COSTS,EXPENSES,FEES AND CHARGES: Lessee agrees to pay all costs,expenses,fees,charges.fines,tickets,penalties and taxes(other than federal and state income taxes on the income of Lessor)incurred in connection with the titling,registration,delivery,purchase,sale,rental.use or operation of the Vehicles during the Term. If Lessor,Servicer or any other agent of Lessor incurs any such costs or expenses,Lessee agrees to promptly reimburse Lessor for the same. 6. LICENSE AND CHARGES:Each Vehicle will be titled and licensed in the name designated by Lessor at Lessee's expense. Certain other charges relating to the acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental,treated as an initial charge or otherwise charged to Lessee. Such charges have been determined without reduction for trade-in,exchange allowance or other credit attributable to any Lessor-owned vehicle. T. REGISTRATION PLATES,ETC.: Lessee agrees,at its expense,to obtain in the name designated by Lessor all registration plates and other plates, permits,inspections and/or licenses required in connection with the Vehicles,except for the initial registration plates which Lessor will obtain at Lessee's expense.The parties agree to cooperate and to furnish any and all information or documentation,which may be reasonably necessary for compliance with the provisions of this Section or any federal,state or local law,rule,regulation or ordinance. Lessee agrees that it will not permit any Vehicle to be located in a state other than the state in which such Vehicle is then titled for any continuous period of time that would require such Vehicle to become subject to the titling and/or registration laws of such other state. 8. MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES: (a)Lessee agrees,at its expense,to(i)maintain the Vehicles in good condition,repair,maintenance and running order and in accordance with all manufacturer's instructions and warranty requirements and all legal requirements and(ii)furnish all labor,materials.parts and other essentials required for the proper operation and maintenance of the Vehicles. Any alterations,additions,replacement parts or improvements to a Vehicle will become and remain the property of Lessor and will be returned with such Vehicle upon such Vehicle's return pursuant to Section 4. Notwithstanding the foregoing. so long as no Event of Default has occurred and is continuing,Lessee shall have the right to remove any additional equipment installed by Lessee on a Vehicle prior to returning such Vehicle to Lessor under Section 4 so long as Lessee repairs any damage to such Vehicle caused by such removal. The value of such alterations,additions,replacement parts and improvements will in no instance be regarded as rent. Without the prior written consent of Lessor,Lessee will not make any alterations,additions,replacement parts or improvements to any Vehicle which detract from its economic vat ue or functional utility. Lessor will not be required to make any repairs or replacements of any nature or description with respect to any Vehicle,to maintain or repair any Vehicle or to make any expenditure whatsoever in connection with any Vehicle or this Agreement. (b)Lessor and Lessee acknowledge and agree that if Section 4 of a Schedule(including,without limitation,any Schedule executed under the Existing Lease Agreement)includes a charge for maintenance,(i)the Vehicle(s)covered by such Schedule are subject to a separate maintenance agreement between EFM and Lessee and(ii)if the Titling Trust is the Lessor,Lessor shall have no liability or responsibility for any failure of EFM to perform any of its obligations thereunder or to pay or reimburse Lessee for its payment of any costs and expenses incurred in connection with the maintenance or repair of any such Vehicle(s). 9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES: (a)LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OF A SIZE,DESIGN,CAPACITY,TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND REPAIR AND IS SATISFACTORY IN ALL RESPECTS AND IS SUITABLE FOR LESSEE'S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OF ANY VEHICLE OR AN AGENT OF A MANUFACTURER OF ANY VEHICLE. (b)LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,WITH RESPECT TO ANY VEHICLE, INCLUDING,WITHOUT LIMITATION,ANY REPRESENTATION OR WARRANTY AS TO CONDITION,MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE,IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE.THE VEHICLES ARE LEASED"AS IS," "WITH ALL FAULTS." All warranties made by any supplier,vendor and/or manufacturer of a Vehicle are hereby assigned by Lessor to Lessee for the applicable Term and Lessee's only remedy,if any,is against the supplier,vendor or manufacturer of the Vehicle. (c)None of Lessor.Servicer or any other agent of Lessor will be liable to Lessee for any liability,claim,loss,damage(direct,incidental or consequential)or expense of any kind or nature,caused directly or indirectly,by any Vehicle or any inadequacy of any Vehicle for any purpose or any defect(latent or patent)in any Vehicle or the use or maintenance of any Vehicle or any repair,servicing or adjustment of or to any Vehicle,or any delay in providing or failure to provide any Vehicle,or any interruption or loss of service or use of any Vehicle,or any loss of business or any damage whatsoever and however caused. In addition,none of Lessor.Servicer or any other agent of Lessor will have any liability to Lessee under this Agreement or under any order authorization form executed by Lessee if Lessor is unable to locate or purchase a Vehicle ordered by Lessee or for any delay in delivery of any Vehicle ordered by Lessee. 10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of,theft of,damage to or destruction of any Vehicle from any cause whatsoever("Casualty Occurrence").In the event of a Casualty Occurrence to a Vehicle,Lessee shall give Lessor prompt notice of the Casualty Occurrence and thereafter will place the applicable Vehicle in good repair,condition and working order;provided, however,that if the applicable Vehicle is determined by Lessor to be lost,stolen,destroyed or damaged beyond repair(a"Totaled Vehicle"),Lessee agrees to pay Lessor no later than the due date of the next following monthly rent payment with respect to such Totaled Vehicle the total of(i)all rent and other amounts,if any,due at the time of such payment and allocable to the Totaled Vehicle plus(ii)the replacement value,as determined by Lessor in good faith,of the Totaled Vehicle immediately prior to the Casualty Occurrence. Upon such payment,this Agreement will terminate with respect to such Totaled Vehicle. 11. INSURANCE: (a)Lessee agrees to purchase and maintain in force during the Term,insurance policies in at least the amounts listed below covering each Vehicle, to be written by an insurance company or companies satisfactory to Lessor,insuring Lessee,Lessor and any other person or entity designated by Lessor against any damage,claim,suit,action or liability: (i)Commercial Automobile Liability Insurance(including Uninsured/Underinsured Motorist Coverage and No-Fault Protection where required by law)for the limits listed below (Note-$5,000,000 Combined Single Limit Bodily Injury and Property Damage with No Deductible is required for each Vehicle capable of transporting more than 8 passengers): 04-02007 (2F 252425) slake of Vet.,.,aRept/station Coverage Connecticut,Massachusetts, Maine,New Hampshire, $1,000,000 Combined Single Limit Bodily Injury and Property New Jersey,New York,Pennsylvania,Rhode island,and Damage-No Deductible Vermont Florida $500,000 Combined Single Limit Bodily Injury and Property Damage or$100,000 Bodily Injury Per Person,$300,000 Per Occurrence and$50,000 Property Damage(100/300/50) -No Deductible All Other States $300,000 Combined Single Limit Bodily Injury and Property Damage or$100,000 Bodily Injury Per Person,$300,000 Per Occurrence and$50,000 Property Damage(100/300/50) -No Deductible (ii)Physical Damage Insurance(Collision&Comprehensive): Actual cash value of the applicable Vehicle. Maximum deductible of$500 per occurrence-Collision and$250 per occurrence-Comprehensive). If the requirements of any governmental or regulatory agency exceed the minimums stated in this Agreement, Lessee must obtain and maintain the higher insurance requirements. Lessee agrees that each required policy of insurance will by appropriate endorsement or otherwise name Lessor and any other person or entity designated by Lessor as additional insureds and loss payees,as their respective interests may appear. Further,each such insurance policy must provide the following:(i)that the same may not be cancelled,changed or modified until after the insurer has given to Lessor, Servicer and any other person or entity designated by Lessor at least thirty(30)days prior written notice of such proposed cancellation,change or modification,(ii)that no act or default of Lessee or any other person or entity shall affect the right of Lessor,Servicer,any other agent of Lessor or any of their respective successors or assigns to recover under such policy or policies of insurance in the event of any loss of or damage to any Vehicle and (iii)that the coverage is-primary coverage"for the protection of Lessee,Lessor,Servicer,any other agent of Lessor and their respective successors and assigns notwithstanding any other coverage carried by Lessee,Lessor,Servicer,any other agent of Lessor or any of their respective successors or assigns protecting against similar risks. Original certificates evidencing such coverage and naming Lessor,Servicer,any other agent of Lessor and any other person or entity designated by Lessor as additional insureds and loss payees shall be furnished to Lessor prior to the Delivery Date,and annually thereafter and/or as reasonably requested by Lessor from time to time.In the event of default,Lessee hereby appoints Lessor,Servicer and any other agent of Lessor as Lessee's attorney-in-fact to receive payment of,to endorse all checks and other documents and to take any other actions necessary to pursue insurance claims and recover payments if Lessee fails to do so. Any expense of Lessor,Servicer or any other agent of Lessor in adjusting or collecting insurance shall be borne by Lessee. Lessee,its drivers,servants and agents agree to cooperate fully with Lessor,Servicer,any other agent of Lessor and any insurance carriers in the investigation,defense and prosecution of all claims or suits arising from the use or operation of any Vehicle. If any claim is made or action commenced for death,personal injury or property damage resulting from the ownership,maintenance,use or operation of any Vehicle,Lessee will promptly notify Lessor of such action or claim and forward to Lessor a copy of every demand,notice,summons or other process received in connection with such claim or action. (b)Notwithstanding the provisions of Section 11(a)above:(i)if Section 4 of a Schedule includes a charge for physical damage waiver,Lessor agrees that(A)Lessee will not be required to obtain or maintain the minimum physical damage insurance(collision and comprehensive)required under Section 11(a)for the Vehicle(s)covered by such Schedule and(B)Lessor will assume the risk of physical damage (collision and comprehensive)to the Vehicle(s)covered by such Schedule;provided,however,that such physical damage waiver shall not apply to,and Lessee shall be and remain liable and responsible for,damage to a covered Vehicle caused by wear and tear or mechanical breakdown or failure.damage to or loss of any parts, accessories or components added to a covered Vehicle by Lessee without the prior written consent of Lessor and/or damage to or loss of any property and/or personal effects contained in a covered Vehicle. In the event of a Casualty Occurrence to a covered Vehicle,Lessor may,at its option,replace, rather than repair,the damaged Vehicle with an equivalent vehicle,which replacement vehicle will then constitute the"Vehicle"for purposes of this Agreement,and(ii)if Section 4 of a Schedule includes a charge for commercial automobile liability enrollment♦Lessor agrees that it will,at its expense, obtain for and on behalf of Lessee.by adding Lessee as an additional insured under a commercial automobile liability insurance policy issued by an insurance company selected by Lessor,commercial automobile liability insurance satisfying the minimum commercial automobile liability insurance required under Section 11(a)for the Vehicles)covered by such Schedule. Lessor may at any lime during the applicable Term terminate said obligation to provide physical damage waiver and/or commercial automobile liability enrollment and cancel such physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at feast ten(10)days prior written notices Upon such cancellation.insurance in the minimum amounts as set forth in 11(a)shall be obtained and maintained by Lessee at Lessee's expense. An adjustment will be made in monthly rental charges payable by Lessee to reflect any such change and Lessee agrees to furnish Lessor with satisfactory proof of insurance coverage within ten(10)days after mailing of the notice. In addition,Lessor may change the rates charged by Lessor under this Section 11(b)for physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least thirty(30)days prior written notice, 12. INDEMNITY: Lessee agrees to defend and indemnify Lessor,Servicer,any other agent of Lessor and their respective successors and assigns from and against any and all losses,damages,liabilities,suits,claims,demands,costs and expenses(including,without limitation,reasonable attorneys'fees and expenses)which Lessor,Servicer,any other agent of Lessor or any of their respective successors or assigns may incur by reason of Lessee's breach or violation of.or failure to observe or perform,any term,provision or covenant of this Agreement,or as a result of any loss,damage,theft or destruction of any Vehicle or related to or arising out of or in connection with the use,operation or condition of any Vehicle. The provisions of this Section 12 shall survive any expiration or termination of this Agreement. 13. INSPECTION OF VEHICLES;ODOMETER DISCLOSURE;FINANCIAL STATEMENTS. Lessee agrees to accomplish,at its expense,all inspections of the Vehicles required by any governmental authority during the Term. Lessor,Servicer,any other agent of Lessor and any of their respective successors or assigns will have the right to inspect any Vehicle at any reasonable time(s)during the Term and for this purpose to enter into or upon any building or place where any Vehicle is located. Lessee agrees to comply with all odometer disclosure laws,rules and regulations and to provide such written and signed disclosure information on such forms and in such manner as directed by Lessor, Providing false information or failure to complete the odometer disclosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financial information regarding Lessee as Lessor may from time to time reasonably request. 14. DEFAULT;REMEDIES. The following shall constitute events of default("Events of Default')by Lessee under this Agreement;(a)if Lessee fails to pay when due any rent or other amount due under this Agreement and any such failure shall remain unremedied for ten(10)days;(b) if Lessee fails to perform,keep or observe any term,provision or covenant contained in Section 11 of this Agreement,(c)if Lessee fails to perform,keep or observe any 04-02007 (2F 252425 ) other term,provision or covenant containa.,.,i this Agreement and any such failure shalt remelt....,remedied for thirty(30)days after written notice thereof is given by Lessor,Servicer or any other agent of Lessor to Lessee,(d)any seizure or confiscation of any Vehicle or any other act(other than a Casualty Occurrence)otherwise rendering any Vehicle unsuitable for use(as determined by Lessor),(e)if any present or future guaranty in favor of Lessor of all or any portion of the obligations of Lessee under this Agreement shall at any time for any reason cease to be in full force and effect or shall be declared to be null and void by a court of competent jurisdiction,or if the validity or enforceability of any such guaranty shall be contested or denied by any guarantor,or if any guarantor shall deny that it,he or she has any further liability or obligation under any such guaranty or if any guarantor shall fail to comply with or observe any of the terms,provisions or conditions contained in any such guaranty,(f)the occurrence of a material adverse change in the financial condition or business of Lessee or any guarantor;or(g)if Lessee or any guarantor is in default under or fails to comply with any other present or future agreement with or in favor of Lessor,The Crawford Group.Inc.or any direct or indirect subsidiary of The Crawford Group,Inc.For purposes of this Section 14,the term"guarantor"shag mean any present or future guarantor of all or any portion of the obligations of Lessee under this Agreement. Upon the occurrence of any Event of Default,Lessor,without notice to Lessee,will have the right to exercise concurrently or separately(and without any election of remedies being deemed made),the following remedies:(a)Lessor may demand and receive immediate possession of any or all of the Vehicles from Lessee,without releasing Lessee from its obligations under this Agreement,if Lessee fails to surrender possession of the Vehicles to Lessor on default(or termination or expiration of the Term),Lessor,Servicer,any other agent of Lessor and any of their respective independent contractors shall have the right to enter upon any premises where the Vehicles may be located and to remove and repossess the Vehicles:(b)Lessor may enforce performance by Lessee of its obligations under this Agreement,(c)Lessor may recover damages and expenses sustained by Lessor. Servicer,any other agent of Lessor or any of their respective successors or assigns by reason of Lessee's default including,to the extent permitted by applicable law,all costs and expenses,including court costs and reasonable attorneys'fees and expenses,incurred by Lessor.Servicer,any other agent of Lessor or any of their respective successors or assigns in attempting or effecting enforcement of Lessor's rights under this Agreement(whether or not litigation is commenced)and/or in connection with bankruptcy or insolvency proceedings.(d)upon written notice to Lessee,Lessor may terminate Lessee's rights under this Agreement:(e)with respect to each Vehicle.Lessor may recover from Lessee(i)either the Vehicle(in the condition required by Section 4)or the estimated undamaged wholesale value of the Vehicle(as determined by Lessor in good faith)plus(ii)all accrued and unpaid rent for such Vehicle for the period ending on,and all other amounts owed by Lessee with respect to such Vehicle as of,the date all of the amounts owed by Lessee to Lessor under this clause(e)(including the amounts owed under this subclause(i))are paid in full(the-Payment Date") pkrs(iii)an amount equal to three(3)months rent elms(iv)Thirty Percent(30%)of the total future rent due under the applicable Schedule for the period commencing on the Payment Date and ending on the last day of the scheduled Term;and/or(f)Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Commercial Code,any other applicable law or in equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination shall not affect Lessee's obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee's obligation to pay any indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative. 15. ASSIGNMENTS: Lessor may from time to time assign,pledge or transfer this Agreement and/or any or all of its rights and obligations under this Agreement to any person or entity. Lessee agrees,upon notice of any such assignment,pledge or transfer of any amounts due or to become due to Lessor under this Agreement to pay all such amounts to such assignee,pledgee or transferee. Any such assignee,pledgee or transferee of any rights or obligations of Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee's rights and interest in and to the Vehicles are and will continue at all times to be subject and subordinate in all respects to any assignment.pledge or transfer now or hereafter executed by Lessor with or in favor of any such assignee,pledgee or transferee,provided that Lessee shall have the nght of quiet enjoyment of the Vehicles so long as no Event of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any assignee,pledgee or transferee in and to any amounts payable by the Lessee under any provisions of this Agreement shall be absolute and unconditional and shall not be subject to any abatement whatsoever,or to any defense,setoff,counterclaim or recoupment whatsoever,whether by reason of any damage to or loss or destruction of any Vehicle or by reason of any defect in or failure of title of the Lessor or interruption from whatsoever cause in the use,operation or possession of any Vehicle,or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its affiliates to the Lessee or to any other person or entity,or for any other reason. Without the prior written consent of Lessor,Lessee may not assign,sublease,transfer or pledge this Agreement,any Vehicle,or any interest in this Agreement or in and to any Vehicle,or permit its rights under this Agreement or any Vehicle to be subject to any lien,charge or encumbrance. Lessee's interest in this Agreement is not assignable and cannot be assigned or transferred by operation of law. Lessee will not transfer or relinquish possession of any Vehicle(except for the sole purpose of repair or service of such Vehicle)without the prior written consent of Lessor. 16. MISCELLANEOUS: This Agreement contains the entire understanding of the parties.This Agreement may only be amended or modified by an instrument in writing executed by each party.Lessor shall not by any act,delay,omission or otherwise be deemed to have waived any of its rights or remedies under this Agreement and no waiver whatsoever shall be valid unless in writing and signed by Lessor and then only to the extent therein set forth. A waiver by Lessor of any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right or remedy, which Lessor would otherwise have on any future occasion.If any term or provision of this Agreement or any application of any such term or provision is invalid or unenforceable,the remainder of this Agreement and any other application of such term or provision will not be affected thereby. Giving of all notices under this Agreement will be sufficient if mailed by certified mail to a party at its address set forth below or at such other address as such party may provide in writing from time to time. Any such notice mailed to such address will be effective one(1)day after deposit in the United States mail, duly addressed,with certified mail,postage prepaid. Lessee will promptly notify Lessor of any change in Lessee's address. This Agreement may be executed in multiple counterparts(including facsimile and pdf counterparts),but the counterpart marked"ORIGINAL`by Lessor will be the original lease for purposes of applicable law. All of the representations,warranties,covenants,agreements and obligations of each Lessee under this Agreement(if more than one)are joint and several. 17. SUCCESSORS AND ASSIGNS;GOVERNING LAW: Subject to the provisions of Section 15,this Agreement will be binding upon Lessee and its heirs,executors,personal representatives,successors and assigns,and will inure to the benefit of Lessor,Servicer,any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of Missouri (determined without reference to conflict of law principles). 18. NON-PETITION: Each party hereto hereby covenants and agrees that,prior to the date which is one year and one day after payment in full of all indebtedness of the Titling Trust, it shall not institute against,or join any other person in instituting against,the Titling Trust any bankruptcy, reorganization,arrangement,insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United States. The provisions of this Section 18 shall survive termination of this Master Walkaway Lease Agreement. 04-02007 (2F 252425 ) IN WITNESS WHEREOF,Lessor and Lessee have duly executed this Master Walkaway Lease Agreement as of the day and year first above written. LESSEE: LESSOR. City of Azusa Police Department ENTERP ISE FLEET MANAGEMENT,INC. 1 t By: _ By: NN� Title: 401E1 e& loGt C Title. Q t4 Address: 725 N.Alameda Ave. Address: 140:0 S, '4beL-04ec, SkCC. Q Azusa,CA 91702 �r 1'►r� a. c Date Signed �?� I Date Signed. c1 VS • 1Ca ENTERPRISE FM TRUST BY: ENTERPRISE FLEET MANAGEMENT,INC.,its attorney in By: 41t LeS Title: 1?- 4l Address. Date Signed: ci'15 . •0 ATTACHMENT 2 GONTR4 c°/ WEST CONTRA COSTA y UNIFIED SCHOOL DISTRICT 1108 Bissell Avenue s �o`��e Richmond, CA 94801-3135 Hoo (510) 231-1190 Charles T.Ramsey Board Member,President Antonio Medrano Board Member,Clerk Madeline Kronenberg Board Member Contract Documents Elaine R.Merriweather Board Member Tony Thurmond For Board Member Dr.Bruce Harter Request for Proposal Superintendent of Schools Bill Fay Associate Superintendent RFP #1112-03 Operations Sheri Gamba Associate Superintendent VEHICLE FLEET Business Services Wendell Greer MANAGEMENT SERVICES Associate Superintendent K-12 Schools Nia Rashidchi Assistant Superintendent Educational Services Ann Reinhagen Assistant Superintendent Human Resources Steve Collins MARCH 2012 SELPA Director TABLE OF CONTENTS Notice Requesting Proposal 2 2.0 Purpose of this RFP 3 3.0 Scope of Services 3 3.1 Vehicle Leasing 3 3.2 Fleet Vehicle Management 5 3.2.1 Preventive Maintenance (PM) 5 3.2.2 Maintenance and Repair 6 3.2.3 Customer Service. 6 3.2.4 Project Organization and Management 7 3.4 Insurance &Accident Services 7 4.0 Responding to this RFP 8 4.1 Form of Submittal 8 4.2 Part 1: Service Provider Information 9 4.3 Part 2: Technical Proposal 9 4.4 Part 3: Price Proposal 9 4.5 Part 4: Copy of Proposed Lease Agreement 10 5.0 Selection Process 10 6.0 Project Management 10 7.0 Evaluation of Proposals 10 8.0 Additional Requirements 11 General Conditions 11 Exhibit A 16 Exhibit B 17 Exhibit C 18 Signature Sheet 19 Proposer Conflict of Interest Statement 20 Non-Collusion Affidavit of Proposer 21 1 WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT 1108 Bissell Avenue, Richmond, CA 94801-3135 NOTICE REQUESTING PROPOSALS Notice is hereby given that sealed proposals for RFP#1112-03 will be received at the office of the Director of General Services,West Contra Costa Unified School District, 1108 Bissell Avenue Room 130, Richmond, California 94801-3135, up to the hour of 4:30 p.m. on Friday April 13, 2012 with a non-public opening. General Information West Contra Costa Unified School District is seeking proposals for the following services: RFP #1112-03 Vehicle Fleet Management Services Proposals shall be delivered to the Purchasing Office, West Contra Costa Unified School District Administration Building, 1108 Bissell Avenue, Room 130, Richmond, CA 94801-3135. Proposals will be received until Friday April 13, 2012 at 4:30 p.m. with a non-public opening. Proposals received after the appointed time and date will be returned unopened to the sender. The District reserves the right to reject any and all proposals or portions thereof, or to waive any informality in the RFP process. No proposal or any portion thereof may be withdrawn for a period of ninety (90) calendar days after due date. The successful Bidder may be required to comply with Education Code Section 45125.1. The successful Bidder and all sub-consultants must identify employees who may come in contact with pupils, Ind request a Department of Justice (DOJ)fingerprint check of these employees, receive the DOJ report and certify to the West Contra Costa Unified School District that no such employees have been convicted of a felony as defined in Section 45122.1 before allowing any pupil contact with employees. Proposal documents may be obtained at the Purchasing Department,West Contra Costa Unified School District, 1108 Bissell Avenue, Richmond, California 94801-3135. Telephone (510) 231-1190. Only complete sets will be issued. By order of the School Board of the West Contra Costa Unified School District of Contra Costa County, California. Dr. Bruce Harter Superintendent of Schools 2 2.0 PURPOSE OF THIS RFP The West Contra Costa Unified School District(WCCUSD) is seeking proposals from qualified companies to provide fleet vehicle services. These services will include vehicle leasing and fleet vehicle management. WCCUSD intends to award one or multiple contracts. The service provider will be asked to bid 36, 48, and 60 month term lease. (The term of the contract will be for one year with four option years.) Bidders will submit pricing for the first ordering period and the following year's adjustment factor in response to this RFP. This RFP establishes a general scope and terms of services that should form the basis of each bidder's proposal, and the district will tentatively select a successful bidder on the basis of the submitted proposals. However, the District hereby notifies all prospective bidders that it reserves the right to enter into discussions with the tentative awardee to negotiate appropriate tailoring of the selected proposals and create a finalized set of terms and conditions for the contract. The District is taking this approach because the nature of the requirements and the varied details concerning how it might be satisfied by different contractors may necessitate additional clarification. This RFP is the means for prospective Contractors to submit their proposals to the WCCUSD for the services necessary to provide a complete fleet vehicle service program as described in this document. RFP TIMELINE RFP Available March 30, 2012 RFI (Request for Information) Deadline April 10, 2012 RFP Due April 13, 2012 RFP Evaluation April 16th—27th 2012 Board Approval May 9, 2012 3.0 SCOPE OF SERVICES The scope of services the WCCUSD is seeking under this section includes the following: • Vehicle Leasing Services • Fleet Vehicle Maintenance and Management Services • Insurance/Accident Management Services listed below will be considered minimum and must be identified and addressed in your proposal: 3.1 Vehicle Leasing: The number of vehicles to be considered as part of the leasing portion of this RFP will be a minimum of 15 vehicles with an estimated fleet of 40-60 vehicles over the 5 year period. 3.1.1 Vehicle lease terms shall be for a base period of 36, 48 and or 60 months from the award date for the first year and include 4 additional ordering periods.The vendor will be asked to provide pricing for a 36, 48, 60 month leases at 15k miles a year and bid a yearly adjustment factor. 3 See Exhibit A price sheet. The WCCUSD reserves the right to order other types of vehicle through this contract other than what has been quoted. These vehicles will be irrevocably quoted. 3.1.2 Leases are open ended with no mileage restrictions. 3.1.3 Vehicles must be depreciated at 1.5% per month with a 10% Reduced Book Value for this RFP. 3.1.4 List all other applicable charges. 3.1.5 The WCCUSD may extend the term of this Agreement by written notice to the Service Provider within 90 days prior to the expiration of the current agreement. 3.1.6 30 days prior to the expiration or termination of orders against this contract the Vendor must supply End of Term Balance and Estimated Resale Value of the vehicles at the end of the 36, 48, or 60 month term. 3.1.7 30 days prior to the expiration or termination of orders against this contract, the Service Provider will contact WCCUSD to determine whether the vehicles should be returned to the same place where delivery was accomplished or to a destination mutually agreeable to both parties. 3.1.8 30 days prior to the expiration or termination of the orders against this contract, the Service Provider will provide WCCUSD with the estimated current market value of the orders considered for termination. 3.1.9 The Service Provider will provide a written inspection report dated by both WCCUSD and the Service Provider within 5 days after the termination or expiration of the contract period for that vehicle. 3.1.10 Within thirty 30 days after receipt of the vehicles, the Service Provider shall present WCCUSD with at least two of the highest bids for the vehicles. 3.1.11 Funds received by the Service provider for disposing of the leased vehicle shall be used to reconcile the remaining reduced book value and any other fees remaining on the vehicle(s). Any and all adjustments will be made to WCCUSD. Any deficits below this amount will be the responsibility of WCCUSD. 3.1.12 WCCUSD may choose to extend the lease term of the vehicle by an additional period of time found mutually agreeable to each party 30 days prior to the expiration of termination of the order. The Service Provider will provide adjustments, if any, to the lease payments along with new reduced book values at the end of the extension period. 3.1.13 Pricing will be for the duration of the contract period and for the length of any lease entered into during the contract period. It shall include all costs associated with the preparation of all paperwork necessary to procure and the actual procurement of all vehicle titles, licenses, and any other miscellaneous fees. 3.1.14 Leased vehicles shall be those of the current model year as determined by the date on which 4 the vehicles are formally requested. 3.1.15 Vehicle warranty will be bumper to bumper fora minimum of 3 years or 36,000 miles. 3.1.16 All pre-delivery vehicle servicing will be performed in accordance with accepted new car delivery preparation standards. 3.1.17 Where applicable, each vehicle shall be equipped with all legal devices required for highway operation and meet all Department of Transportation, State of California, CALOSHA, and Federal standards and requirements. 3.1.18 All vehicles must meet California Emissions Standards. 3.1.19 The Service Provider shall submit a monthly invoice for payment due for all vehicles and services from the past month. For vehicles in WCCUSD's possession for the entire month, the Service Provider shall invoice at the full monthly amount shown in the contract. For vehicles in WCCUSD's possession for a partial month, the contractor shall invoice at a pro rata share of the monthly amounts based on the number of days the vehicle was in WCCUSD's possession. A month shall be interpreted as thirty days for the purposes of this computation. Rental payments do not begin to accrue until WCCUSD accepts delivery of the vehicle,and will be payable only for days the vehicle is in WCCUSD's possession, and shall cease upon return of the vehicle to the service provider. 3.2 Fleet Vehicle Management: The service provider will be asked to provide: A. Driver support to coordinate repairs and minimize vehicle downtime B. Cost and quality controls for vehicle repairs C. Fleet management support and recommendations D. Quarterly metrics for costs and service E. Project Organization and Management F. Driver Safety Program 3.2.1 Preventive Maintenance (PM) The Service Provider will provide a preventive maintenance schedule with notification and documentation and a process for repair discovery during PM Service. The Service Provider must have a process of preventive maintenance in place that documents the service from initiation through closure. 3.2.1.1 All factory recommended preventative maintenance services as pre-scheduled and prescribed by the original equipment manufacturer to be performed at industry standard interval. 5 3.2.1.2 All incidental and parts required for the preventative maintenance (fluids, belts hoses, ignition and emission components, etc.). 3.2.2 Maintenance and Repair The Service provider will provide the following included services: 3.2.2.1 The vendor will need a network of maintenance and repair facilities at or around Richmond, CA. 3.2.2.2 Vehicle maintenance procedures for services are included in the firm's maintenance program. 3.2.2.3 Processes for tracking services and reporting of any maintenance markups. 3.2.2.4 A process for documenting the vehicle repair service from initiation to closure. 3.2.2.5 A quality assurance program for all services. 3.2.2.6 Strategies for minimizing repair times and driver downtime. 3.2.2.7 A process for monitoring the repair process (time, labor rates, parts used, quality of repair and driver satisfaction). 3.2.2.8 A support process in the event that a vehicle requires repair service but is under a manufacturer or repair facility warranty. The following maintenance and repair related information/reports for the WCCUSD: 3.3.2.1.1 Monthly Reports, Summary cost reports (body repairs, mechanical repairs, glass, car rentals, etc.), Custom Reports as Requested, and Information Processing. 3.3.2.1.2 Quarterly Metrics, WCCUSD trends (average cost of repairs, average number of days for repairs, etc.), WCCUSD performance vs. other accounts,Vendor performance vs. Industry (average cost of repairs, average number of days for repairs, etc.), WCCUSD opportunities. 3.3.2.1.3 A warranty monitoring and management warranty claim service, including a process to secure extended warranty (out of warranty) non-warranty items. 3.2.3 Customer Service that includes the following: 3.2.3.1 A local contact person available Monday—Friday 7am -5pm 3.2.3.2 Quarterly, semi-annual or annual fleet reviews for clients. 3.2.3.3 Emergency roadside assistance 24x7 6 3.2.4 Project Organization and Management 3.2.4.1 The Service provider shall establish and maintain an appropriate organizational structure to enable the management of the program. Documentation supporting the service provider's ability to service the contract (including but not limited to office location, service provider network, leasing location) should be included with the 3.4 INSURANCE AND ACCIDENT SERVICES: Services should include: 3.4.1 Insurance—The WCCUSD shall be responsible to provide commercial automobile liability insurance, or an equivalent self-insurance program, covering its liability arising out of the operation of each vehicle with limits of liability of$2,000,000 on any one accident or loss. 3.4.2 Collision and Comprehensive Damage and Repairs: As required under the provisions of Section 3.2.2.4 of this Agreement the vendor shall be responsible for repairs of all damage to any vehicle. The vendor may charge back to the WCCUSD the first$1000.00 on any loss or damage. The vendor is also responsible for all administrative details for all accident reports/repairs, subrogation and insurance processes including: *Towing arrangements * Car/van rental arrangements *Appraisals and photographs * Salvage * Claims recovery assistance * Coordination of subrogation and loss recovery *Third party physical damage claims * Reporting associated with accident, repair, subrogation claims, recoveries and legal proceedings involving physical damage to the vehicles, and *Accident activity reports 3.4.3 As part of accident administration, the vendor will be required to receive telephonic reports of all accidents involving property damage. The associated costs for providing this accident administrative service must be identified in Exhibit A.The WCCUSD will require that the vendor cooperate with the investigation and administration of any claims or lawsuits arising from the , operation of a vehicle. 3.4.4 Minimally, the selected vendor will be required to provide the following information: • Monthly listing of all accidents that have been reported with an indication of cost to repair a damaged vehicle. 7 • Quarterly subrogation activity report showing the current status of each file. • Monthly report showing damages recovered for the reporting period and the cost of repairs for each vehicle. Funds recovered should accompany this report. • Semi-annual report to include total cost of repairs and total of recovered damages. 3.4.5 ALTERNATE SECTION 3.4.1 In the alternate section the vendor should include in its proposal in Exhibit A the cost of providing commercial automobile liability insurance for claims or lawsuits brought against the WCCUSD, arising out of the operation of each vehicle with limits of liability of$2,000,000 any one accident or loss (legal defense costs are to be in addition to the limits of liability), as well as the cost of accident investigation and claim administration services as follows: • As part of the accident administration, the vendor will be required to receive telephonic reports of all accidents involving property damage. • Provide the WCCUSD with monthly loss reports listing any reported claim or lawsuit with a reserve for expected liability and defense costs. • Cooperate with the WCCUSD. • Administration and defense of any claims or lawsuits arising from the operation of a vehicle. 4.0 RESPONDING TO THIS RFP 4.1 Form of Submittal in order for a Proposal to be considered responsive and acceptable for evaluation by the WCCUSD, the Proposal must contain the following information and be submitted according to the following guidelines: 4.1.1 Proposal shall consist of, and be organized into the following four(4) parts, prepared and submitted as described in more detail below: 1. Service Provider Information 2. Technical Proposal 3. Cost Proposal 4. Copy of Proposed Lease Agreement 4.1.2 Please mark the visible outside surface (i.e. the outside surface of overnight courier package or other container) of the materials you submit to the WCCUSD with the words "Vehicle Fleet Management Services—RFP# 1112-03. 4.1.3 Materials should include three (3) hard copies of the Proposal, each including a completed copy of the Price Proposal Form given in Attachment Al, and the proposed lease agreement. 8 They also should include a single hard copy of the Payee Data Record. These are more fully described below: 4.2 Part 1: Service Provider Information 4.2.1 Overview of your organization. 4.2.2 Names, addresses, and telephone numbers of five (5) client references for whom the Service Provider has provided similar services at some point in the last 18 months. By virtue of submission of the Service Provider's Proposal identifying said clients, Service Provider thereby releases the WCCUSD and said clients from any liability for any and all claims of harm caused to Service Provider's reputation by virtue of said discussions. 4.3 Part 2: Technical Proposal 4.3.1 Describe the team you propose to assemble to manage the WCCUSD account, perform the fleet management services, and handle the daily order processing/tracking, invoicing and related contract administration. 4.3.2 Provide resumes describing the background and experience of the key staff you intend to assign for the performance of the work, describing each individual's ability and experience in conducting the proposed activities. 4.3.3 Review Section 3 (Scope of Services)of this RFP and respond point-by-point to each of the requirements. Indicate if you can meet the requirement or not, or if you can meet the requirement only under certain conditions or circumstances. If you are not able to meet the requirement, please briefly explain why, noting any concerns or issues we should be aware of. If you are able to meet the requirement, please provide further details, as appropriate, on how you plan to do so. For each response, please reference our Section 3 paragraph number. 4.3.4 Provide any additional information you believe should be considered in the evaluation of your proposal. 4.4 Part 3: Price Proposal 4.4.1 Proposal should include the proposed fee schedule for all vehicle fleet management services specified in RFP Section 3.0 (Scope of Services). It should also have completed cost items in the attached Exhibit A. 4.4.2 Provide you're pricing in the form of Fixed Prices. The prices you offer must be firm fixed prices -- and rates for the three, four or five year periods, beginning in 2012, and are not subject to change during those time periods. 4.4.3 The WCCUSD prefers fixed prices rather than hourly rates wherever possible. 4.44 The WCCUSD reserves the right to use this contract in the future to quote other vehicle pricing 9 as our vehicle requirements may change. 4.5 Part 4: Copy of Proposed Lease Agreement A copy of the Lease Agreement under which you propose to provide vehicles: The Vendor's lease agreement must not require any prepayment for the goods and services to be provided hereunder. The Vendor's lease agreement shall not specify the payment of any finance charges or interest on the part of the WCCUSD. Responsive Proposals should provide straightforward, concise information that satisfies the requirements specified. Expensive bindings, color displays, and the like are not necessary. Emphasis should be placed on brevity, conformity to instructions, specified requirements of this RFP, and clarity of content. 5.0 SELECTION PROCESS 5.1. An evaluation panel composed of WCCUSD staff will review and score the Proposals, based on the selection criteria. 5.2. WCCUSD reserves the right to conduct follow up interviews with selected proposers. Interviews would be held at the WCCUSD offices in Richmond, CA. 5.3. At any time, WCCUSD may contact previous Clients and Owners to verify the experience and performance of the prospective Vendors, their key personnel, and their sub-consultants. 6.0 PROJECT MANAGEMENT The Project Manager for this RFP process is: David Johnston Director of General Services 1108 Bissell Avenue Richmond, CA 94804 Any questions regarding the RFP or the RFP process shall be directed in writing to the above at djohnston@wccusd.net 10 7.0 EVALUATION OF PROPOSALS The WCCUSD will evaluate Proposals using the following criteria: Points Criteria 100 points maximum 50 Qualifications: Company's ability to perform all functions necessary in providing the Vehicle Fleet Management services outlined in Section 3.0 of RFP. 25 Experience of Company: Demonstrated experience of the company in relation to the scope and quality of service provided to customers in the past. 25 Cost: The cost evaluation will be rated using the pricing spreadsheets from Exhibit A. Please also provide and explanation of the terms you recommend leasing the vehicle for that will best fit WCCUSD's needs. 8,0 ADDITIONAL REQUIREMENTS 8.1 Proposals should be sent by registered mail, certified mail, overnight courier, or by hand delivery. Incomplete proposals and/or proposals received after the deadline may be rejected without review. 8.2 Registered Prospective Vendors may submit questions to the WCCUSD via e-mail to djohnston@wccusd.net no later April 10, 2012. Please indicate the RFP number and title in the subject line. Contact with the WCCUSD shall be made only through this email address; telephone calls will not be accepted. 8.3 All notices, clarifications, and addenda to this RFP will be posted on www.wccusd.net. Please monitor that website for all information regarding this RFP;the WCCUSD is not responsible for sending individual notification of changes or updates. It is the sole responsibility of the prospective Vendors to remain appraised of changes to the RFP. A. GENERAL CONDITIONS 1. This solicitation document, the evaluation of proposals, and the award of any contract shall conform with current competitive bidding procedures as they relate to the procurement of 11 goods and services. A vendor's proposal is an irrevocable offer for 30 days following the deadline for its submission. 2. In addition to explaining the WCCUSD'S requirements, the solicitation document includes instructions which prescribe the format and content of proposals. B. Errors in the solicitation document 1. If a vendor submitting a proposal discovers any ambiguity, conflict, discrepancy, omission, or other error in this solicitation document, the vendor shall immediately provide the WCCUSD with written notice of the problem and request that the solicitation document be clarified or modified. Without disclosing the source of the request, the WCCUSD may modify the solicitation document prior to the date fixed for submission of proposals by issuing an addendum to all vendors to whom the solicitation document was sent. 2. If prior to the date fixed for submission of proposals a vendor submitting a proposal knows of or should have known of an error in the solicitation document but fails to notify the WCCUSD of the error, the vendor shall bid at its own risk, and if the vendor is awarded the contract, it shall not be entitled to additional compensation or time by reason of the error or its later correction. C. Questions regarding the solicitation document 1. If a vendor's question relates to a proprietary aspect of its proposal and the question would expose proprietary information if disclosed to competitors,the vendor may submit the question in writing, conspicuously marking it as "CONFIDENTIAL."With the question, the vendor must submit a statement explaining why the question is sensitive. If the WCCUSD concurs that the disclosure of the question or answer would expose proprietary information, the question will be answered, and both the question and answer will be kept in confidence. If the WCCUSD does not concur regarding the proprietary nature of the question, the question will not be answered in this manner and the vendor will be notified. 2. If a vendor submitting a proposal believes that one or more of the solicitation document's requirements is onerous or unfair, or that it unnecessarily precludes less costly or alternative solutions, the vendor may submit a written request that the solicitation document be changed. The request must set forth the recommended change and vendor's reasons for proposing the change. Any such request must be submitted to the Purchasing Director by the proposal due date and time listed on the cover letter of this RFP. D. Addenda 1. The WCCUSD may modify the solicitation document prior to the date fixed for submission of proposals by faxing an addendum to the vendors to whom the solicitation document was sent. If any vendor determines that an addendum unnecessarily restricts its ability to bid, it must notify the project manager no later than one day following the receipt of the addendum. 12 E Withdrawal and resubmission/modification of proposals 1. A vendor may withdraw its proposal at any time prior to the deadline for submitting proposals by notifying the WCCUSD in writing of its withdrawal. The notice must be signed by the vendor. The vendor may thereafter submit a new or modified proposal, provided that it is received at the WCCUSD no later than the proposal due date and time listed on the cover letter of this RFP. Modifications offered in any other manner, oral or written,will not be considered. Proposals cannot be changed or withdrawn after the proposal due date and time listed on the coversheet of this RFP. F. Evaluation process 1. An evaluation team will review in detail all proposals that are received to determine the extent to which they comply with solicitation document requirements. 2. If a proposal fails to meet a material solicitation document requirement, the proposal may be rejected. A deviation is material to the extent that a response is not in substantial accord with solicitation document requirements. Material deviations cannot be waived. Immaterial deviations may cause a bid to be rejected. 3. Proposals that contain false or misleading statements may be rejected if in the WCCUSD's opinion the information was intended to mislead the state regarding a requirement of the solicitation document. 4. Cost sheets will be checked only if a proposal is determined to be otherwise qualified. All figures entered on the cost sheets must be clearly legible. 5. During the evaluation process, the WCCUSD may require a vendor's representative to answer questions with regard to the vendor's proposal. Failure of a vendor to demonstrate that the claims made in its proposal are in fact true may be sufficient cause for deeming a proposal nonresponsive. G. Rejection of Bids 1. The WCCUSD may reject any or all proposals and may or may not waive an immaterial deviation or defect in a bid. The WCCUSD's waiver of an immaterial deviation or defect shall in no way modify the solicitation document or excuse a vendor from full compliance with solicitation document specifications. The WCCUSD reserves the right to accept or reject any or all of the items in the proposal, to award the contract in whole or in part and/or negotiate any or all items with individual vendors if it is deemed in the WCCUSD's best interest. Moreover, the WCCUSD reserves the right to make no selection if proposals are deemed to be outside the fiscal constraint or against the best interest of the State of California. 13 H. Award of contract 1. Award of contract, if made, will be in accordance with the solicitation document to a responsible vendor submitting a proposal compliant with all the requirements of the solicitation document and any addenda thereto, except for such immaterial defects as may be waived by the WCCUSD. 2. The WCCUSD reserves the right to determine the suitability of proposals for contracts on the basis of a proposal's meeting administrative requirements, technical requirements, its assessment of the quality of service and performance of items proposed, and cost. !, Decision 1. Questions regarding the WCCUSD's award of any business on the basis of proposals - submitted in response to this solicitation document, or on any related matter, should be addressed to the individual listed in the Submission of Proposals section on the coversheet of this RFP who will forward the matter to the appropriate contracting officer. J. Execution of contracts 1. The WCCUSD will make a reasonable effort to execute any contract based on this solicitation document within 30 days of selecting a proposal that best meets its requirements. However, exceptions taken by a vendor may delay execution of a contract. 2. A vendor submitting a proposal must be prepared to use a standard District contract form rather than its own contract form. M. Disposition of materials 1. All materials submitted in response to this solicitation document will become the property of the District and will be returned only at the WCCUSD's option and at the expense of the vendor submitting the proposal. One copy of a submitted proposal will be retained for official files and become a public record.Any material that a vendor considers as confidential but does not meet the disclosure exemption requirements of the California Public Records Act should not be included in the vendor's proposal as it may be made available to the public. N. Payment 1. Payment terms will be specified in any agreement that may ensue as a result of this solicitation document. 2. THE DISTRICT DOES NOT MAKE ANY ADVANCE PAYMENT FOR SERVICES. Payment is normally made based upon completion of tasks as provide in the agreement between the WCCUSD and the selected vendor. The WCCUSD may withhold ten percent of each invoice until receipt and acceptance of the final product. The amount of the withhold may depend upon 14 the length of the project and the payment schedule provide in the agreement between the WCCUSD and the selected vendor. 0. Governing Law California Law. This RFP shall be governed by and the rights, duties and obligations of the Parties shall be determined and enforced in accordance with the laws of the State of California. The Parties further agree that any action or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in Contra Costa County, California. P. Non-Appropriation of Funds Lessee warrants that it has funds available to pay all rents (the"Lease Payments") payable under an approved lease— identified Lease until the end of Lessee's current appropriation periods. If Lessee's legislative body or other funding authority does not appropriate funds for Lease Payments for any subsequent appropriation period and lease does not otherwise have funds available to lawfully pay the Lease Payments (a"Non-Appropriation Event") Lessee may subject to the conditions herein and upon written notice to Lessor(the "Non-Appropriation Notice"), effective 60 days after the later of Lessor's receipt of same or the end of the Lessee's current appropriation period (the Non-Appropriation Date"), terminate the lease and be released of its obligation to make all Lease Payments due Lessor coming due after the Non-Appropriation Date. As a condition to exercising its rights, Lessee shall (1) provide in the Non-Appropriation Notice a certification of a responsible official that a Non-Appropriation Event has occurred, (2) deliver to Lessor n opinion of Lessee's counsel (Addressed to Lessor) verifying that the Non-Appropriation Event as set forth in the Non-Appropriation Notice has occurred, (3) return the Vehicle(s) subject to the Lease on or before the Non-Appropriation Date to Lessor or a location designated by Lessor, in the condition required by and in accordance with the return provisions of the lease and at Lessee's expense, and (4) pay Lessor all sums payable under the Lease up to the Non-Appropriation Date. 15 t _ Exhibit A Pricing Schedule using 1.5% depreciation per month and a 10% Reduced book value 15,000 miles per year Daily Loaner Vehicle Monthly Vehicle Type Model Monthly Lease Cost Cost/Insurance Maintenance 36 48 60 Included unlimited Management months months months mileage ! Cost 1/2 ton pickup 2 door I %ton pickup 2 door '.., 1 ton pickup 2 door % ton service 2 door utility body Sport utility 4 door truck 1/2 ton cargo Without side van windows 3/4 cargo van Without side windows Mini Cargo , Without side van windows Compact 1/2 2 door ton pickup Car 2 door Car 4 door 16 • Exhibit B: Vehicle Specifications -All specs below should be included for each vehicle Automatic Transition Yes Power Brakes Yes Cloth Seats Yes Color White AM/FM Stereo Yes Air Condoning Yes Factory Standard Wheels Yes Factory Standard Tires Yes Spare Tire - Factory Standard Yes Rear Window Defroster Yes 17 EXHIBIT C: PARTICIPATING LOCATIONS AND NETWORK Please provide a listing of Participating Locations- Bidder may attach the listing to this sheet. Service Provider Network— Bidder may attach the listing to this sheet. 18 THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL SIGNATURE SHEET West Contra Costa Unified School District RFP # 1112-03 VEHICLE FLEET MANAGEMENT SERVICES I, the undersigned, do hereby acknowledge I have read all the requests listed herein and have submitted my proposal accordingly. I have submitted all documentation required. Company Name: Principal Location of the Company: Authorized Principal in Charge of Project: Type or print name as signed above: Direct telephone: ( ) Fax Number: ( ) Cell Phone: ( ) Email Address: Local Location if different from above: Authorized Person in Charge of Project at this Location: Signature: Type or print name as signed above: Direct telephone: ( ) Fax Number: ( ) Cell Phone: ( ) Email: 19 • THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL PROPOSER CONFLICT OF INTEREST STATEMENT STATE OF CALIFORNIA. CITY OF Before me, the undersigned authority, personally appeared , who was duly sworn deposes and states: 1. I am the of , with a local office in and principal office in City& State City & State 2. The above named entity is submitting a Proposal for the West Contra Costa USD RFP#1112-03 described as Request for Proposal Vehicle Fleet Management Services. 3. The Affiant has made diligent inquiry and provides the information contained in the Affidavit based upon his/her own knowledge. 4. The Affiant states that only one submittal for the above proposal is being submitted and that the above named entity has no financial interest in other entities submitting proposals for the same project. 5. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for the above proposal. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 6. Neither the entity not its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 7. Neither the entity nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 8. I certify that no member of the entity's ownership or management is presently applying for an employee position with the West Contra Costa Unified School District. 9. I certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of West Contra Costa Unified School District. 10. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the West Contra Costa Unified School District. DATED this day of ,2012. (Affiant) Typed Name and Title Sworn to and subscribed before me this day of ,2012. Personally Known Or produced identification Identification type: Notary Public-State of Printed, typed, or stamped commissioned name of notary public. My commission expires: 20 THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL NON-COLLUSION AFFIDAVIT OF PROPOSER STATE OF COUNTY OF , being duly sworn, deposes and says that: 1. He/She is of the proposer • Title Company Name that has submitted the attached proposal; 2. He/She is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3. Such Proposal is genuine and is not a collusive or sham proposal; 4. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, connived, or agreed, directly or indirectly, with any other proposer, firm or person to submit a collusive or sham Proposal in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other proposer, firm, or person to fix the price or prices in the attached proposal or any other proposer, or to fix any overhead, profit or cost element of the proposal price or the proposal price of any other proposer, or to secure through any collusion, connivance, or unlawful agreement any advantage against the West Contra Costa Unified School District, or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached proposal are fair and proper and are not tainted by any - collusion, conspiracy, connivance, or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. SIGNED TITLE SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF , 20 . Notary Public, State of California My Commission Expires: *** END OF REQUEST FOR PROPOSAL *** 21 ATTACHMENT 3 - WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT l [ \ 1108 Bissell Avenue e Richmond, CA 94801-3135 Bill Fay,Associate Superintendent Tel: (510)231-1105 Operations Division Fax: (510)236-0190 July 16, 2012 James H. Beasley Area Sales Manager 2950 Merced St., Ste. 100 San Leandro, CA 94577 RE: Award of Contract RFP# 112-03 Vehicle Fleet Management Services Dear Mr.Beasley, West Contra Costa Unified School District is pleased to inform you that,at the June 13th,2012 meeting,the Board of Education authorized the sixty month leasing and vehicle management program with Enterprise Fleet Management. Other municipalities and agencies,who are interested in purchasing using this awarded contract, may do so. The municipalities and agencies utilizing this contract as a"piggyback" will place orders with, and make payments directly to Enterprise Fleet Management. We look forward to working with you. Please contact me if you have any questions. Sincerely, • Bill Fay Associate Superintendent BF/jk ATTACHMENT 4 �ot4rR4 West Contra Costa Unified School District 35 _i s9 1108 Bissell Avenue • Richmond,California 94801-3135 2 +�' (510)231-1190 0 Fax(510)236-0464 Fp SCH001.QHS.. Bruce Harter,Ph.D. Superintendent of Schools Sheri Gamba David Johnston Associate Superintendent,Business Services Director,General Services • July 16, 2013 Mark D. Wing Sr. Account Manager 2950 Merced St., Ste. 100 San Leandro, CA 94577 RE: Extension of Award of Contract RFP# 1112-03 Vehicle Fleet Management Services Dear Mr. Wing, West Contra Costa Unified School District is pleased to inform you that it will be extending the Contract RFP#1112-03 Vehicle Fleet Management Services with Enterprise Fleet Management for an additional 3 years through 7/16/2016. Other municipalities and agencies, who are interested in purchasing using this awarded contract,may do so. The municipalities and agencies utilizing this contract as a "piggyback" will place orders with, and make payments directly to Enterprise Fleet Management, We look forward to working with you. Please contact me if you have any questions. Sincerely, David Johnston Director, General Services Cc: Luis Freese,Executive Director,Maintenance and Operations APPROVED COUNCIL MEETING Date, � �k.6 4-9 i2 eivtol /1l,QG( AZUSA CONSENT ITEM D-5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ART VASQUEZ, CITY TREASURER DATE: NOVEMBER 16, 2015 SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES FOR THE MONTH OF SEPTEMBER 2015 SUMMARY: Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa for the month of September 2015. City investments are made in accordance with the City's Investment Policy adopted and approved with Resolution No. 05-C16, dated February 22, 2005, and Government Code Section 53600 et seq. RECOMMENDATION: It is recommended that the City Council take the following action: 1) Receive, review, and file the City Treasurer's Report for the City of Azusa for the month of September 2015. DISCUSSION: 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. The change in total cash in bank and investments (at cost) from August 31, 2015 to September 30, 2015 is a net increase of$159,845.51. The change in total cash in bank and investments (at market) from August 31, 2015 to September 30, 2015 is a net increase of$206,671.91. ATTACHMENT 1 - CITY OF AZUSA TREASURER'S REPORT Prepared by: Art Vasquez,Treasurer September 30,2015 Market Price Coupon Maturity Settlement Market Interest Received Fiscal Broker Face Amount Description Acct/Cusip No. Principal** (Changes Rate Date Date Value*** Year to Date* Monthly) Light&Water Fund Investments - AAA Rated Federal Agency Bonds BONDS CALLED OR MATURED DURING FISCAL YEAR 22,949.45 Gilford Sec 1,000,000.00 FFCB 0.730 03/13/17 0.730% 03/13/17 3133ECHG2 03/13/13 1,000,000.00 100.006 1,000,060.00 3,650.00 WFB 1,000,000.00 FFCB 0.620 10/24/16 0.620% 10/24/16 3133EA5V6 10/24/12 1,000,000.00 100.005 1,000,050.00 Gilford Sec 1,000,000.00 FFCB 0.82007/11/17 0.820% 07/11/17 3133EA4H8 10/12/12 999,000.00 99.787 997,870.00 4,100.00 Gilford Sec 1,000,000.00 FHLB 1.000 02/27/18 1.000% 02/27/18 3133823D3 02/27/13 1,000,000.00 99.921 999,210.00 5,000.00 Multi-Bank Sec 1,000,000.00 FNMA 1.875 2/19/20 1.875% 02/19/20 3135G0050 02/19/15 1,000,000.00 100.226 1,002,260.00 9,375.00 TOTALS 5,000,000.00 4,999,000.00 4,999,450.00 45,074.45 WFB-L&W THIRD PARTY CUSTODIAL TRUST ACCT 0.070% N/A N/A N/A 4,381,743.64 100.000 4,381,743.641 109.28 Market Price Market Interest Received Fiscal CITY OF AZUSA and LIGHT&WATER RATE STABLIZATION Principal** (Changes Value*** Year to Date* Monthly) TOTAL INVESTMENTS IN FEDERAL AGENCIES,Corp Bonds,CD's,WFB INSTITUTIONAL TRUSTS,and LAIF 63,977,356.92 64,006,055.80 198,453.89 *The Interest reflects earnings received from July 1,2014. **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. Page 5 CITY OF AZUSA TREASURER'S REPORT Prepared by: Art Vasquez,Treasurer Treasury Checking Accounts and Certificates of Deposit September 30,2015 Held in Wells Fargo Bank Face Maturity Interest or Balance Coupon Description Account Number Amount Date or CUSIPor Rate Market Value Checking Accounts General Checking Account XXX-XXX1244 148,020.00 Stagecoach Sweep Account DDA XXX-XXX1244 4,209,023.80 Worker's Compensation Checking(ZBA account) XXXX-XX3279 0.00 Payroll Checking(ZBA account) XXXX-XX1393 0.00 Police Detective Petty Cash Fund XXX-XXX2231 3,109.06 Section 108 0.020% Choice IV-Public Fund Account XXX-XXX2239 30,435.79 Covington Endowment WFB Advantage Heritage Money Market Fund(rated AAAm/Aaa) WFB XXXX7554 2,018.60 100,000 05/30/17 1.100% Certificate of Deposit Goldman Sachs Bank Matures 5/30/17 CUSIP 38147JC75 100,116.20 Sewer Bond Fund WFB Advantage Heritage Money Market Fund(rated AAAm/Aaa) WFB XXXX1829 21,143.16 250,000 03/28/17 0.750% Certificate of Deposit Georgia B&T Matures 3/28/17 CUSIP 373128EC7 249,466.25 Philleo TR FBO Azusa WFB Money Market Fund WFB XXXX8700 5,026.78 Investments In Fixed Income.Equities,Real Asset Funds&Other 143,685.93 TOTALS WELLS FARGO BANK ACCOUNTS 4,912,045.57 Page 1 CITY OF AZUSA TREASURER'S REPORT Prepared by: Art Vasquez,Treasurer September 30,2015 Market Price Coupon Maturity Settlement ** Market Interest Received Fiscal Broker Face Amount- Description AcctlCusip No. Principal (Changes Rate Date Date Monthly) Value*** Year to Date* City of Azusa Investments - Certificates of Deposit-FDIC Insured CERTIFICATES OF DEPOSIT SOLD OR MATURED DURING FISCAL YEAR 6,246.85 245,000.00 American Express Bank,FSB 2.050% 07/31/19 02587CAM2 07/31/14 245,000.00 99.999 244,997.55 2,490.61 Multi Bank Securities 245,000.00 American Expr Centurion 2.300% 09/23/20 02587DB64 09/23/15 245,000.00 99.833 244,590.85 Multi Bank Securities 205,000.00 BMW Bank 2.150% 12/10/19 05580AAZ7 12/10/14 205,000.00 100.443 205,908.15 Higgins/RBC 245,000.00 Bank Baroda New York 1.100% 12/27/16 06062ACV9 12/26/13 245,000.00 100.517 246,266.65 Multi Bank Securities 245,000.00 Barclays Bank of Delaware 2.200% 09/16/20 06740KJK4 09/16/15 245,000.00 99.809 244,532.05 Multi Bank Securities 245,000.00 Capital One Bank 2.000% 11/05/19 140420QN3 11/05/14 245,000.00 100.059 245,144.55 Multi Bank Securitiet 247,000.00 Capital One NA 2.300% 07/07/15 14042E4P2 07/15/15 247,000.00 99.783 246,464.01 Multi Bank Securities 245,000.00 CIT Bank SLC 2.150% 11/19/19 17284C3Q5 11/19/14 245,000.00 100.061 245,149.45 Multi Bank Securities 245,000.00 Comenity Cap Bank 1.850% 10/09/18 20033AHA7 10/16/14 244,265.00 99.562 243,926.90 1,142.43 Multi Bank Securitiet 245,000.00 Everbank 2.050% 08/28/20 29976DA59 08/28/15 245,000.00 100.102 245,249.90 Multi Bank Securitiet 245,000.00 First Bank of Highland Park 2.000% 11/05/19 319141CY1 11/050/14 245,000.00 99.681 244,218.45 Multi Bank Securitiet 247,000.00 Goldman Sachs Group,Inc. 2.100% 01/21/15 38148JHQ7 01/21/20 247,000.00 99.887 246,720.89 2,572.18 Multi Bank Securitiet 245,000.00 Investors Savings Bank 2.000% 08/25/20 46176PEJ0 08/28/15 245,000.00 100.111 245,271.95 (40.27) Multi Bank Securitie<, 247,000.00 Medallion Bank 2.250% 07/27/20 58403BY67 07/27/15 247,000.00 99.790 246,481.30 Wachovia Sec 200,000.00 Merrick Bank South Jordan UT 0.900% 01/25/16 59012YU96 07/25/12 200,000.00 100.185 200,370.00 453.71 Multi Bank Securitiet 245,000.00 State Bank of India 1.700% 05/28/19 856283YJ9 05/28/15 245,000.00 98.923 242,361.35 Multi Bank Securities 245,000.00 Synchrony Bank 1.900% 04/24/15 87165FGF5 04/24/20 245,000.00 99.171 242,968.95 Gillford/Stem Agee 248,000.00 Third Federal Sav&Loan 2.000% 11/25/19 88413QAW8 11/24/14 248,000.00 100.006 248,014.88 Wachovia Sec 245,000.00 Webster Bank NA 1.000% 12/12/17 94768NJD7 12/12/12 245,000.00 100.757 246,854.65 Wachovia Sec 245,000.00 Wells Fargo Bank WFCO 0.950% 02/28/18 94986TMB0 02/27/13 245,000.00 100.214 245,524.30 586.66 Multi Bank Securitiet 200,000.00 Worlds Foremost Bank 2.400% 07/16/20 981571BP6 07/07/15 200,000.00 99.781 199,562.00 815.34 TOTALS 6,069,000.00 5,023,265.00 5,020,578.78 13,452.17 Page 2 CITY OF AZUSA TREASURER'S REPORT Prepared by: Art Vasquez,Treasurer September 30,2015 Market Price Coupon Maturity Settlement Market Interest Received Fiscal Broker Face Amount Description Acct/Cusip No. Principal** (Changes Rate Date Date Value*** Year to Date* Monthly) City of Azusa Investments - AAA Rated Federal Agency Bonds BONDS CALLED OR MATURED DURING FISCAL YEAR 58,416.12 Gilford Sec 1,000,000 FFCB 0.770 6/15/17 0.770% 06/15/17 3133EC5L4 12/05/12 999,300.00 100.006 1,000,060.00 Gilford Sec 1,000,000 FFCB 0.900 12/26/17 0.900% 12/26/17 3133ECB45 12/26/12 999,500.00 99.820 998,200.00 Gilford Sec 1,000,000 FFCB 1.0303/12/18 1.030% 03/12/18 3133ECHS6 03/12/13 1,000,000.00 99.782 997,820.00 5,150.00 RBC Dain Rauscher 1,000,000 FFCB 1.050 3/14/18 1.050% 03/14/18 3133ECJ39 03/14/13 999,500.00 100.011 1,000,110.00 5,250.00 Gilford Sec 1,000,000 FHLB.085 07/24/17 0.850% 07/24/17 313380WR4 10/24/12 1,000,000.00 100.008 1,000,080.00 4,250.00 Gilford Sec 1,000,000 FHLB 0.850 08/15/17 0.850% 08/15/17 313381Z24 02/15/13 1,000,000.00 100.089 1,000,890.00 4,250.00 Gilford Sec 1,000,000 FHLB 0.980 11/15/17 0.980% 11/15/17 3133817/31 11/15/12 1,000,000.00 100.009 1,000,090.00 WFB 1,000,000 FHLB 1.00001/30/18 1.000% 01/03/18 313381TW5 01/30/13 1,000,000.00 99.811 998,110.00 5,000.00 Higgins 1,000,000 FNMA 1.050 05/25/18 1.050% 05/25/18 3135G0XK4 05/30/13 1,000,000.00 100.078 1,000,780.00 Gilford/Steme Agee 1,000,000 FFCB 1.850 1/23/20 1.850% 01/23/20 3133EELK4 01/27/15 1,000,000.00 100.004 1,000,040.00 9,250.00 Gilford/Steme Agee 1,000,000 FNMA 2.00 1/15/20 2.000% 01/15/20 3136G2BM8 01/15/15 1,000,000.00 100.488 1,004,880.00 10,000.00 Multi-Bank Sec 1,000,000 FNMA 1.875 2/13/20 1.875% 02/13/20 313500B93 02/13/15 997,050.00 100.191 1,001,910.00 9,375.00 Multi-Bank Sec 1,000,000 FNMA 2.000 5/27/20 2.000% 05/27/20 3136G2K30 05/27/15 1,000,000.00 100.274 1,002,740.00 RBC Dain Rauscher 1,000,000 FHLMC 2.00 4/27/20 2.000% 04/27/20 3134G6RU9 04/27/15 1,000,000.00 100.114 1,001,140.00 Multi-Bank Sec 1,000,000 FHLMC 2.00 6/29/20 2.000% 06/29/20 3134G6V42 06/29/15 1,000,000.00 100.265 1,002,650.00 Gilford/Sterne Agee 1,000,000 FNMA 2.000 2/27/20 2.000% 02/27/20 3135G0084 02/27/15 1,000,000.00 100.254 1,002,540.00 10,000.00 Gilford/Steme Agee 1,000,000 FHLMC 2.100 7/30/20 2.100% 07/30/20 3134G7EM9 07/30/15 1,000,000.00 100.142 1,001,420.00 Gilford/Sterne Agee 1,000,000 FFCB 1.740 3/02/20 1.740% 03/02/20 3133EFBV8 09/02/15 1,000,000.00 100.162 1,001,620.00 Gilford/Steme Agee 1,000,000 FHLMC 2.000 7/30/20 2.000% 07/30/20 3134G7HB0 07/30/15 999,500.00 100.140 1,001,400.00 Gilford/Sterne Agee 1,000,000 FHLMC 1.340 12/28/18 1.340% 12/28/18 3134G7XU0 09/28/15 1,000,000.00 100.215 1,002,150.00 Gilford/Steme Agee 1,000,000 FHLMC 2.000 9/30/20 2.000% 09/30/20 3134G7UY5 08/26/15 1,000,000.00 100.267 1,002,670.00 Multi-Bank Sec 1,000,000 FHLMC 1.340 9/30/20 2.000% 09/30/20 3134G7VJ7 09/30/15 1,000,000.00 100.280 1,002,800.00 Gilford/Steme Agee 1,000,000 FNMA 2.000 8/26/20 2.000% 08/26/20 3136G2LB1 08/26/15 1,000,000.00 100.391 1,003,910.00 TOTALS 32,405,556 22,994,850.00 23,028,010.00 120,941.12 WFB-CITY THIRD PARTY CUSTODIAL TRUST ACCT 0.070% N/A N/A N/A 4;962,725.17 100.000 4,962,725.17 201.15 1 LAIF-CITY I LOCAL AGENCY INVESTMENT FUND 1 0.337% 1 N/A I N/A 1 N/A 1 19,887,773.111 100.000 1 19,887,773.11 18,477.361 CITY OF AZUSA TREASURER'S REPORT Prepared by: Art Vasquez,Treasurer September 30,2015 Market Price Coupon Maturity Settlement Market Interest Received Fiscal Broker Face Amount Description Acct/Cusip No. Principal** (Changes *** * Rate Date Date Value Year to Date Monthly) City of Azusa Investments - AAA Rated Corporate Bonds BONDS CALLED OR MATURED DURING FISCAL YEAR 0.00 Gilford/Sterne Agee 1,000,000 Apple 1.00 5/03/18 1.000% 05/03/18 037833AJ9 04/27/15 998,000.00 99.533 995,330.00 0.00 TOTALS 1,000,000 998,000.00 995,330.00 0.00 Page 3 CITY OF AZUSA TREASURER'S REPORT Prepared by: Art Vasquez,Treasurer September 30,2015 Market Price Coupon Maturity Settlement Market Interest Received Fiscal Broker Face Amount Description Rate Date Acct/Cusip No. Date Principal** (Changes Value*** Year to Date* Monthly) Light&Water Fund Investments - Certificates of Deposit-FDIC Insured CERTIFICATES OF DEPOSIT SOLD OR MATURED DURING FISCAL YEAR 198.36 Higgins/RBC 245,000.00 Bank Baroda New York 1.100% 12/27/16 06062ACV9 12/24/13 245,000.00 100.517 246,266.65 Wachovia Sec 40,000.00 BMW Bank of NA 1.350% 04/27/16 05568PW45 04/27/12 40,000.00 100.611 40,244.40 Multi National Bank 245,000.00 Discover Bank 1.900% 05/06/20 254672NC8 05/06/15 245,000.00 99.129 242,866.05 Wachovia Sec 200,000.00 GE Capital Financial Inc. 1.250% 05/18/16 36160XD87 05/18/12 200,000.00 100.534 201,068.00 TOTALS 485,000.00 730,000.00 730,445.10 198.36 Page 4 APPROVED COUNCIL MEETING Date, I{ f lP 1 of v, ` fie, .. 1�_ �.. §,.. ��_.... _..w. riii# AZUS& CONSENT ITEM D-9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER FROM: SAMUEL G. GONZALEZ, CHIEF OF POLICE DATE: NOVEMBER 16, 2015 SUBJECT: THE LOS ANGELES ORGANIZED CRIME AND DRUG ENFORCEMENT TASK FORCE (OCDETF) STRIKE FORCE MEMORANDUM OF UNDERSTANDING AND FIDUCIARY AGREEMENT ADDENDUM SUMMARY: On December 13, 2013, several federal law enforcement agencies entered into a Memorandum of Understanding (MOU) to create the Los Angeles Strike Force which is designed to investigate drug trafficking. That MOU has been executed and the Strike Force is now operational. To carry out its mission the Strike Force needs assistance in purchasing equipment and carrying out other fiduciary duties. This action approves an addendum to the MOU designating the City of Azusa as the fiduciary agency to the Strike Force. RECOMMENDATION: It is recommended that the City Council take the following action: 1) Authorize the Mayor, to sign the Fiduciary Agreement Addendum Memorandum of Understanding to the Los Angeles OCDETF Strike Force Memorandum of Understanding. DISCUSSION: The Organized Crime Drug Enforcement Task Forces (OCDETF) Program was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece of the United States Attorney General's drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises. The Program operates nationwide and combines the resources and unique expertise of numerous federal agencies in a coordinated attack against major drug trafficking and money laundering organizations. The participants involved include the 94 U.S. Attorneys' Offices, the Bureau of Alcohol, Tobacco, Firearms OCDETF Strike Force Memorandum of Understanding November 16, 2015 Page 2 and Explosives, the Drug Enforcement Administration, the Federal Bureau of Investigation, the Internal Revenue Service, the U.S. Coast Guard, the U.S. Immigration and Customs Enforcement, the U.S. Marshals Service,the Criminal and Tax Divisions of the U.S. Department of Justice and numerous State and local agencies. In 2013 several federal law enforcement agencies entered into a MOU to create the Los Angeles Strike Force. To carry out its mission the Strike Force has asked the City for assistance with the purchase of equipment and to carry out other fiduciary duties. Purchases will be made with Azusa Police Department asset seizure funds, which will be reimbursed via the OCDETF process. Additionally, the Police Department will receive five percent of all assets seized during the overall operation of the Strike Force for acting as its fiduciary. As part of the agreement, any equipment purchased for the mission, will become property of the Azusa Police Department at the conclusion of the investigation. This Fiduciary Agreement and Memorandum of Understanding is an addendum to the original Los Angeles OCDETF Strike Force MOU. Any assets seized during the course of Strike Force investigations will be seized and forfeited under federal law and will be shared equitably among the federal, state and local agencies participating in the Strike Force. Although the Azusa Police Department was not part of the original Strike Force MOU, this addendum will allow us to participate and act as the fiduciary. The Fiduciary Agreement Addendum Memorandum of Understanding to the Los Angeles OCDETF Strike Force Memorandum of Understanding has been approved as to form by the City Attorney. FISCAL IMPACT: There will be no impact to the general fund and any purchases made under the agreement would be made with Azusa Police Department asset seizure funds, which are reimbursable via the OCDETF process; either by direct reimbursement or by Strike Force contributed funds into the asset seizure account. Prepared by: Reviewed and approved: Stephan Hunt Samuel G. Gonzalez Operations Captain Chief of Police Reviewed and Approved: Troy L. Butzlaff, ICMA-CM City Manager (Fiduciary Agreement Addendum) MEMORANDUM OF UNDERSTANDING ("MOU") THE LOS ANGELES OCDETF STRIKE FORCE The Los Angeles Strike Force (Strike Force) operates in compliance with the OCDETF Co-Located Strike Force Guidance issued by the OCDETF Executive Director on December 22, 2010, and any OCDETF Strike Force Guidance promulgated by the OCDETF Executive Office that supersedes this Guidance. Additionally, In compliance with OCDETF Guidelines and the Asset Forfeiture and Money Laundering Section Guidelines all Strike Force forfeitures will be processed in accordance with the language in the establishment MOU as detailed below: "Assets seized during the course of Strike Force investigations will be forfeited under Federal law and will be shared equitably among the federal, State and local agencies participating in the Strike Force as directed by the appropriate federal guidelines. The Commander and any Deputy Commander of the Strike Force will determine which agency among those participating in the investigation shall be responsible for the seizure and forfeiture of assets. " As a supplement to Strike Force operations, the Azusa Police Department has agreed that on a case by case basis it will conduct investigations in conjunction with the Strike Force. In addition, the Azusa Police Department will be available to provide fiduciary services for all State and Local funds utilized by the Strike Force. Based on this agreement, and done with the concurrence of all cosigner agencies of the establishing MOU, five percent of forfeited funds processed by the Strike Force will go to the Azusa Police Department. This allocation reflects their participation and their incurring of cost to provide services and equipment. If the Azusa Police Department provides additional investigative support to specific Strike Force investigations, the department can request additional funds from the sharing of seized assets. All provisions detailing the use and disposition of property acquired through this process and the financial accountability of procurements will be subject to the guidelines detailed in the Strike Force establishing MOU. This supplement is deemed in the best interest of the 1 citizens of the Central District of California and other areas affected by Strike Force investigations, the State of California, and the United States. Therefore, it is placed into effect by the Strike Force Executive Committee as authorized through the establishing MOU. SIGNED AND AGREED UPON: DATE: . ' l{ ' rLZ�r /4-1(/ GTOSEPH ROMERO ROCHA Mayor City of Azusa DATE: //,/4.45- 6L.n D. CHRISTOPHER EVANS Strike Force Commander Assistant Special Agent in Charge Drug Enforcement Administration DATE: �!3 • SHM4r1 S. t. .tisoa Lead Attorney United States Attorney Office Central District of California DATE: /2/1(6-/- ,L e� W ROBERT W. CLARK Assistant Special Agent in Charge Federal Bureau of Investigation DATE: I Z//ZO/,$ ROBERTO BASTERIS Supervisory Special Agent Federal Bureau of Investigation DATE: �4 MICHAEL R. SADER Group Supervisor Drug Enforcement Administration 2 APPROVED COUNCIL MEETING Date, • *�fi twig 'AZUSA. CONSENT ITEM D-10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER FROM: SUSAN PARAGAS, DIRECTOR OF FINANCE DATE: NOVEMBER 16, 2015 SUBJECT: CITY MANAGER EXECUTED AGREEMENTS FOR PERIOD ENDING OCTOBER 31, 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 October 31, 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 September 28, 2015 to October 31, 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 last report on October 19, 2015, the City Manager has executed three (3) contracts, all of which were under $25,000. City Manager Executed Agreements November 16, 2015 Page 2 The following contracts were approved by the City Manager for the period of September 28, 2015 to October 31, 2015: DATE VENDOR NAME SIGNED AMOUNT PURPOSE 1. Hernandez Roofing 9/28/2015 $12,000 Maintenance Services of Agreement Woman's Club Roof Repair 2. Moore Iacofano Goltsman Inc. 10/21/2015 $25,000 Professional Services Agreement Engineering& Design-Gladstone Fence 3. RT Lawrence Corporation 10/29/2015 $21,900 Contract Extension LockBox Services—L&W FISCAL IMPACT: The individual contract amounts are listed above. Prepared by: Susan Paragas Director of Finance Reviewed and Approved: Troy L. Butzlaff, ICMA-CM City Manager APPROVED COUNCIL MEETING Date, � (1�I I� 0 A fly r. AZUSA CONSENT ITEM D-11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER FROM: SUSAN PARAGAS, DIRECTOR OF FINANCE DATE: NOVEMBER 16, 2015 SUBJECT: FIRST QUARTER FINANCIAL REPORT-ENDING SEPTEMBER 30, 2015 SUMMARY: In an effort to be more transparent and to provide an opportunity to evaluate the City's fiscal health, the Finance Department has prepared a quarterly financial report. This report summarizes the City General Fund; the major Special Revenue funds such as Gas Tax and Fire Safety; the non- Light &Water Enterprise fund: Sewer; and the major Internal Services funds: Risk Management/Liability and Information Technology funds. This action will receive, review and file the report. RECOMMENDATION: It is recommended that the City Council take the following action: 1) Receive, review, and file the first quarter financial report ending September 30,2015. DISCUSSION: The Finance Department has prepared a quarterly financial report for the major non-utility funds to provide the City Council and community an update on the City's financial position. Included in the report are the statuses of the General Fund; the major Special Revenue Fund: Gas Tax and Fire Safety; the non-L&W enterprise fund: Sewer; and the major Internal Services funds: Risk Management/Liability and Information Technology funds. The General Fund operating budget reflects only a total of$87,420 additional appropriations and is due to amendments for the purchase of the dispatch furniture ($12,420) and the engineering consulting agreements ($75,000). However, the General Fund revenues increased by grant monies awarded by the California Governor's Office of Emergency Services to fund the cost of the dispatch furniture of$12,420. Quarterly Financial Report November 16, 2015 Page 2 of 2 The General Fund received a total of$4.26M in revenues which represents approximately 12.1% of the estimated revenues while prior year's first quarter revenues reflected 14.4%. General Fund Expenditures are on target for the first quarter at 25.3%of adjusted budget at$7.88M. One of the main factors in the drop in revenues is due to lower than expected Utility User Tax (UUT) revenue as a result of the community's conservation efforts to reduce water consumption. In addition, the decline of various permit revenues was also a factor in the reduced revenue. However, it is anticipated that the permit collections will progress when various developments commence. The Gas Tax Fund revenues collected are at 26.3%, slightly above the 25% mark for first quarter while its expenditures are below at 23.2%. The Fire Safety Fund revenues are low due to the timing of the allocation it receives from the General Fund while its expenditures are on the mark at the 25% rate. The Sewer Fund revenue is below the 25% benchmark at 19.6%. Conversely, its expenditures is also below the mark at 17.0% The Risk Management/Liability Fund estimated revenues are at 9.3% and is also attributable to the timing of its allocations from various funding sources. First quarter expenditures are 65.5% of budgeted expenditures. This is primarily due to the annual payment of liability insurance premiums. Revenues for the Information Technology Fund are lower due to the timing of it allocations. However, fund expenditures for the first quarter are close to the 25%benchmark at 25.9%. FISCAL IMPACT: Although first quarter revenues and expenditures provide minimal data for analysis, the main concern for this reporting period is the lower than expected General Fund revenues. The Governor's mandate to reduce water consumption, as well as the lower power cost adjustments for electric service rates have impacted the UUT and Franchise Fees collected by the General Fund. As we move further into the fiscal year, Staff will closely monitored revenues and expenditures and, if necessary, revisions will be recommended at the mid-year study session. Prepared by: Reviewed and Approved by: Susan Paragas Troy L. Butzlaff Finance Director City Manager Attachment: 1) Exhibit A-Quarterly Financial Report-1st Quarter, Ending September 30, 2015 EXHIBIT A ATTACHMENT 1 oar 2015-16 Quarterly Financial Report 1t Quarter, Ending September 30, 2015 A LUSA, OVERVIEW This financial report summarizes the City's General Fund 1st quarter financial position for the 2015-16 fiscal year through September 30, 2015. Also, included are the major Special Revenue Funds: Gas Tax and Fire Safety; the non-Light & Water Enterprise fund: Sewer Fund; and the major Internal Services Fund: Risk Management/Liability and Information Technology funds. The purpose of this report is to provide the City Council, City Management, and the Azusa community with an update on the City's fiscal status based on the most recent financial information available. GENERAL FUND SUMMARY With the 1st quarters' data, the projection through the end of the fiscal year for total sources (revenues and transfers-in) are estimated to be slightly higher by $12,420 than the adopted revenue budget, and uses (expenditures and transfers-out) are estimated to be approximately $87,420 higher than the adopted expenditure budget. Table 1 shows the adjusted budget figures (column B) compared to the adopted budget(column A). The small positive variance in sources of $12,420 was a result of a grant award by the California Governor's Office of Emergency Services for the purchase of the dispatch furniture. The increase in the beginning fund balance is the estimated unaudited fund balance at the end of June 30, 2015. A report will be summarized one the audit has been completed. The increase in expenditure is due to the budget for the purchase of the dispatch furniture ($12,420) and an appropriation for engineering consultants ($75,000). While it is anticipated we will continue to see some growth in revenue sources, the 1st quarter revenues provide minimal data for analysis to be able to project with any certainty how future months will progress to the end of the year. As we move further into the 2015-16 fiscal year, revenues and expenditures will be closely monitored and a revised update will be provided midway through the year. Table 1 Budget vs. Estimated Actual (In millions) A B C Adopted Q1 Adj. Budget Budget Variance 2015-16 2015-16 (B-A) Beginning Estimated Fund Balance $ 0.65 $ 1.47 * $ 0.82 Plus Revenues 35.28 35.29 0.01 Transfers In 1.41 1.41 - Total 2015-16 Sources 36.69 36.70 0.01 Less Expenditures 30.96 31.04 0.09 Transfers Out 5.48 5.48 - Total FY 2015-16 Uses 36.44 36.53 0.09 Revenues in excess/(below)Exp-FY 2015-16 0.25 0.18 (0.07) Available Fund Balance $ 0.90 $ 1.65 $ 0.75 *Unaudited 2015-16 Quarterly Financial Report EXHIBIT A 1st Quarter, Ending September 30, 2015 Page 2 of 4 GENERAL FUND REVENUES Table 2 shows actual collections for the major revenue sources and the percent collected compared to the adjusted budget. Table 3 shows that revenues are trending$0.66M below the same period last year. 2015-16 General Fund Revenue Collection as of 9/30/15 Table 2:YTD% of Budget Table 3:Year-to-Year Comparison 2015-16 Actual %of Actual Actual Increase/ REVENUE Adjusted Budget YTD 9/30/15 Adj.Budget REVENUE YTD 9/30/14 YTD 9/30/15 (Decrease) Property Tax $8,927,620 $0 0.0% Property Tax $0 $0 $0 Sales Tax 5,424,015 326,985 6.0% Sales Tax 502,086 326,985 (175,101) UUTTax 3,171,730 652,876 20.6% UUTTax 790,516 652,876 (137,640) Franchise Fees 5,006,965 1,210,166 24.2% Franchise Fees 1,357,483 1,210,166 (147,317) Other Taxes-Non Prop 3,139,150 116,550 3.7% Other Taxes-Non Prop 265,852 116,550 (149,302) License&Permits 3,029,230 615,124 20.3% License&Permits 895,220 615,124 (280,096) Fines&Penalties 1,205,200 214,972 17.8% Fines&Penalties 299,200 214,972 (84,228) Charges for Services 2,662,220 366,265 13.8% Charges for Services 383,066 366,265 (16,801) Other Revenues 2,724,965 782,980 28.7% Other Revenues 448,897 782,980 334,083 Total Revenues $35,291,095 $4,285,918 12.1% Total Revenues $4,942,320 $4,285,918 ($656,402) Chart 1 %of General Fund Revenue Collected Quarter Ending:9/30/14 vs.9/30/15 35.0% 30.0% 25.0% J.. 20.0% 15.0% 10.0% - a YTD 9/30/14 5.0% mI YTD 9/30/15 0.0% ia Q c a� c� ec <$. 4a+e `ece ces tI.; d- Orel. Q� `,ca Property Tax collections are zero. The majority of property tax collections are received in two payments, in January and June. Sales Tax collections are at 6.0% of the adjusted budget. Year-to-date (YTD) collections do not include July and August payments as these are funds that were earned in the prior year and remitted to the City in the following fiscal year. The main reason for the low rate of collections is due to the true-up by the State Board of Equalization. It is estimated that these lessened funds will be recaptured throughout the balance of the fiscal year as the City anticipates a small increase in sales tax. Utility User's Tax collections are at 20.6% of the adjusted budget. This percentage is representative of the consumption of utility services such as gas, electric and water. The drought restrictions were a primary factor in the lower collections as the residents'water conservation rate went above the City's target of 20%. Franchise Fees collections are 24.2% of the adjusted budget and reflect two months of receipts and is close to the 25% quarterly benchmark. Some franchise fees are collected once a year, usually in the fourth quarter. Other Taxes/Non-Property collections are at 3.7% of the adjusted budget. Timing of the payments is the factor of such a low rate. Most revenues are collected after the 1st quarter. License and Permits collections are at 20.3% of the adjusted budget. Miscellaneous fees for Planning, Building Permits and Public Works fees collected are lower in the 1st quarter and the timing of projects play a role in the percentage collected. Activity is anticipated to increase due to several developments in the City such as the new hotel and new housing at Citrus Crossing. 2015-16 Quarterly Financial Report EXHIBIT A 1st Quarter, Ending September 30, 2015 Page 3 of 4 Fines and Forfeitures collections are at 17.8% of the adjusted budget. The 1st quarter revenues are minimal and will increase during the rest of the year. Charges for Services collections are at 13.8% of the adjusted budget. Revenues are collected as services are needed and fees for Recreation programs are primarily collected during the 4th quarter. Other Revenue collections are at 28.7% of the adopted budget. These consist of increases in reimbursements for court costs, from the State of California and administrative fees received from the two Community Facilities Districts of Mountain Cove and Rosedale. GENERAL FUND EXPENDITURES General Fund expenditures are tracking close to the anticipated 25% 1st quarter mark. 2015-16 Expenditures by Category as of 9/30/15 Table 4: %of Budget Table 5:Year-to-Year Comparison 15-16 Actual %of Actual Actual Increase/ C EXPENDITURE Adopted Budget YTD 9/30/15 Adopted EXPENDITURE YTD 9/30/14 YTD 9/30/15 (Decrease) h Personnel $22,634,220 $6,673,714 29.5% Personnel $5,770,504 $6,673,714 $903,210 a Operating 8,323,175 1,186,552 14.3% Operating 1,201,110 1,186,552 (14,558) r Total Expenditures $30,957,395 $7,860,266 25.4% Total Expenditures $6,971,614 $7,860,266 $888,652 t The expenditures at the end of the 1st quarter are higher as compared to the same quarter the previous year 2 due to a lump-sum CaIPERs payment for the pooled Public Safety fund in the amount of$956K. DEPARTMENT EXPENDITURES At the end of the 1st quarter, most departments are tracking at the 25% 1st quarter or below of the adjusted budget. Some expenses are paid in the beginning of the year such as Recreation seasonal staff and the lump- sum CaIPERs payment for Public Safety as mentioned earlier. Table 6 Chart 2 2015-16 Expenditures by Department % of Budget by Department As of 9/30/15 as of 9/30/15 2015/16 Actual 35.0°6 EXPENDITURE Adj.Budget YTD 9/30/15 %of Budget Council $127,250 $37,737 29.7% 30.0% City Clerk 449,550 105,529 23.5% 25.0% City Attorney 250,000 39,943 16.0% 20.0% City Treasurer 202,440 43,755 21.6% 15.0% Administration 624,520 160,357 25.7% Finance 1,082,205 273,043 25.2% 10.0% Economic&Comm.Dev. 1,802,545 397,326 22.0% 5.0% Human Resources 339,115 87,995 25.9% an Library 1,038,570 273,498 26.3% ` e'1 ei oc �e e. `e�, a6 ¢,� ze <4 am Public Safety 18,427,530 5,075,513 27.5% co°° `�Oe P<<o`° �iee4, o<<e` Fc''o eso�� \> ,,c7\�54, \.1° e�''e ,$s; ?� Public Works 639,235 183,822 28.8% d`' `� aF c° a� Qb° , 9i� Recreation&Fam.Serv. 3,175,565 894,084 28.2% o4, ,/ e/ City-Wide 2,886,290 287,664 10.0% 0eoc o Total Expenditure $31,044,815 $7,860,266 25.3% 2015-16 Quarterly Financial Report EXHIBIT A 1s`Quarter, Ending September 30, 2015 Page 4 of 4 MAJOR SPECIAL REVENUE, SEWER AND INTERNAL SERVICES FUNDS The major Special Revenue funds such as the Gas Tax and Fire Safety funds are included as well as the Sewer Fund and the major Internal Services funds of Risk Management/Liability and Information Technology in this quarterly report. Table 7: Major Special Revenue and Internal Table 8: Major Special Revenue and Internal Services Fund Revenues Service Fund Expenditures 2015-16 Actual %of 2015-16 Actual %of REVENUE Adjusted Budget YTD 9/30/15 Adj.Budget EXPENDITURE Adjusted Budget YTD 9/30/15 Adj.Budget Gas Tax Fund $1,119,865 $294,293 26.3% Gas Tax Fund $1,463,110 $340,014 23.2% Fire Safety 4,398,290 50,849 1.2% Fire Safety 4,398,290 1,099,572 25.0% Sewer Fund 2,712,015 532,309 19.6% Sewer Fund 2,399,785 407,444 17.0% Risk Management/Liab Fund 2,745,465 255,507 9.3% Risk Management/Liab Fund 2,528,285 1,656,321 65.5% IT Fund 1,430,945 2,160 0.2% IT Fund 1,430,945 370,058 25.9% Total Revenues $12,406,580 $1,135,118 9.1% Total Expenditures $12,220,415 $3,873,409 31.7% Chart 3 Chart 4 Major Special Revenue&Internal Services Funds Major Special Revenue&Internal Services Funds Revenues by Funds Expenditures by Funds Ending 9/30/2015 Ending 9/30/2015 70.0% 30.0% 60.0% 25.0% . ........ _... _.. ._.. ____. _..._ ',. 50.0% _ ..... _... ___ _. 20.0% .... . '... 40.0% 15.0% .....__ __ _... ....... __ 30.0% 40.0% _. '.. 5.0% 10.0% 10.0% 0.0% OEMS ca eA ca 5� ca 0.0% a+F`y ¢yah etFJ SO' SFJ Gas Tax Fund Fire Safety Sewer Fund Risk IT Fund 4 yL Management/Liab C Se Fund Gas Tax Fund Gas Tax revenues are slightly higher than the 25% 1st quarter mark at 26.3% of FY2015-16 adjusted budget while expenditures are tracking just below the mark at 23.2% Fire Safety Fund Fire Safety Fund's operating revenues are minimal due to a timing issue of the transfer of its funds. The expenditures are right on the mark of 25%for the 1st quarter. Sewer Fund Sewer year-to-date operating revenues are 19.6% of estimated budget. This is on pace as prior year's quarter end. Expenditures are lower than the 25% quarter end mark at 17.0%. Revenues and expenditures are anticipated to increase in the next two quarters. Risk Management Fund The revenues for the Risk Management Fund are low 9.3% due to the timing of its allocations. The expenditures are at 65.5% caused by the annual liability premiums made in the 1st quarter. Information Technology Fund The Information Technology Fund revenues in the 1st quarter are not indicative of its collections. Its allocations are recorded twice a year, in December and June.