HomeMy WebLinkAboutM- 5 Consulting Service Agreement with Mr. Bowcock J, , 01)
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The City of Azusa
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AZUSA
�I G HT & `NATER
For Quality of Life
AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOSEPH F. HSU,DIRECTOR OF UTILITIES ct- •
VIA: RICK COLE, CITY MANAGER1'
DATE: JUNE 5,2000
RE: CONSULTING SERVICES AGREEMENT WITH MR. BOWCOCK
Recommendation: Approve the proposed Letter of Agreement and authorize the City Manager
to execute the same.
Background: Mr. Bowcock has been providing on-going management consulting services to the
Light& Water Department during this fiscal year under a Consulting Agreement. This
Agreement will expire on July 1, 2000, but has a provision for extension.
In view of the current recruitment status for the Water Operations Manager, I anticipate the
position might be filled by late summer. And as the new Water Operations Manager begins
employment with the City, we may still have the needs occasionally for Mr. Bowcock's service.
Therefore, I am recommending to extend the consulting service agreement with Mr. Bowcock,
but only on "as needed basis".
Fiscal Impact: Consulting fees will be covered by the salary savings from the current vacancy.
In addition, Mr. Bowcock's consulting services on water resource management and optimization
will result in better economic return for the City's water resources.
Attachment aapiL_ ,.5/0 d
729 N. Azusa Avenue P.O. Box 9500 Azusa, California 91702
626/812-5208 (phone) 626/334-3163 (fax) utilities@azusa.ca.gov (e-mail)
The City of Azusa
AZUSA
LIGHT 8 WATER
For Quality of Life
June 5, 2000
Mr. Robert Bowcock
2417 N. Bonnie Brae Ave.
Claremont, CA 91711
Re: Letter of Agreement for Consulting Services—Water Resource Planning and
Optimization
Dear Mr. Bowcock:
This letter shall be our Agreement regarding the Consulting Services for Water
Resource Planning and Optimization for the City of Azusa ("Services") to be provided by you,
Robert Bowcock, an individual ("Contractor") as an independent contractor to the City of Azusa.
The term of this Agreement shall commence on July 1, 2000 and shall terminate on
June 30,2001,unless terminated earlier pursuant to the terms set forth herein or extended in writing
by both parties.
The Contractor is to provide consulting services on as needed basis to assist the City
in its Water Resource Planning, Water Utility Management,and to assist the City to optimizing its
water resources.
Contractor shall perform all Services under this Letter of Agreement in a skillful and
competent manner, consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California,and consistent with all applicable laws.
Contractor represents that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. Compensation for the above services shall be based on the
actual amount of time spent in adequately performing the Services,and shall be billed at the hourly
rate of$125.00. However,unless expressly agreed in writing in advance by the City,the cost to the
City for the Services shall not exceed $60,000 per year.
Contractor shall provide proof of commercial general liability and automobile
insurance to the City in amounts and with policies,endorsements and conditions required by the City
for the Services. If Contractor is an employer or otherwise hires one or more employees during the
term of this Project,Contractor shall also provide proof of workers compensation coverage for such
employees which meets all requirements of state law.
729 N. Azusa Avenue P.O. Box 9500 Azusa, California 91702
4,4444A44 (phone) 626/334-3163 (fax) utilities@azusa.ca.gov(e-mail)
Bowcock's Letter of Agreement
Page 2
Invoices shall be submitted to the City monthly as performance of the Services
progresses. City shall review and pay the approved charges on such invoices in a timely manner.
The City may terminate this Letter of Agreement at any time with or without cause.
If the City finds it necessary to terminate this Letter of Agreement without cause before June 30,
2001, Contractor shall be entitled to be paid in full for those Services adequately completed prior
to the notification of termination. Contractor may terminate this Letter of Agreement with thirty(30) •
day written notice.
Contractor shall defend, indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands, causes of
action,expenses,liabilities,losses,damages and injuries to property or persons,including wrongful
death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful
misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors
arising out of or in connection with the performance of the Services or this Agreement, including,
without limitation,the payment of all consequential damages,attorneys fees and other related costs
and expenses.
If you agree with the terms of this Letter of Agreement, please indicate by signing
and dating where indicated below in duplicate. An original, executed copy of this Letter of
Agreement will be forwarded to you for your records.
CITY OF AZUSA CONTRACTOR
Q(6-- . • _e 1u_ _
' ck Cole, City Manager Sign. ure
Robert Bowcock
Name
June 19, 2000
Approved as to Form: Date
.cLz.jow
Best Best& Krieger LLP
City Attorney
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Honorable Mayor& Members of the City Council
May 15, 2000
Page 2
The City Attorney's Office has provided a model utility franchise ordinance,that has been adapted
to Azusa's needs. This draft ordinance,attached,references the laws that pertain to municipal grants
of franchises as well as those that pertain to municipal surcharges. Accordingly, this ordinance is
an all-inclusive document that will retain its flexibility even if the enabling statues are revised. It
may also serve useful in the future, should new types of utilities (other than electric, gas or
communications) emerge and seek to place lines or equipment in City right-of-way or on City
property, poles or fixtures. Staff in the Light and Water, Community Development and Finance
Departments will work together to ensure compliance with the legislation and,when necessary,will
work with the energy transporters to collect any delinquencies that may arise. Both staff and the City
Attorney's office recommend adoption. The draft ordinance is attached for Council perusal.
Fiscal Impact
The immediate fiscal impact to the General Fund of adopting this ordinance would be small,
probably under$10,000 per year in revenues emanating from business licensing. Further verification
of revenues such as the surcharge and the utility user tax may increase this number slightly. But,
future income from franchising new types of utilities could be significant, thus passage of the
ordinance could be laying the groundwork for an important source of revenue for Azusa in the years
to come.
ORDINANCE NO. 00-08
AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA
TO ADD ARTICLE XX TO CHAPTER 18 OF THE AZUSA
MUNICIPAL CODE TO REGULATE PUBLIC RIGHTS-OF-
WAY THROUGH A UTILITY FRANCHISE
WHEREAS, the City of Azusa ("City") has jurisdiction over the public rights-of-
ways within its municipal boundaries;
WHEREAS,under applicable state and federal law,the City is empowered to control
access to and use of its public rights-of-way,and to obtain reasonable and fair compensation for the
use thereof, except where preempted by state law; and
WHEREAS, under the Broughton Act(Public Utilities Code section 6001 et seq.),
the Franchise Act of 1937(Public Utilities Code section 6201 et seq.),and Chapter 2.5 of the Public
Utilities Code (commencing with section 6350 et seq.)the City Council has the discretion to adopt
a utility franchise ordinance.
NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1. A new Article XX is hereby added to Chapter 18 of the Azusa
Municipal Code as set forth in Exhibit"A"attached hereto and incorporated herein by this reference.
SECTION 2. Based on the entire record before the City Council and all written and
oral evidence presented to the City Council, the City Council finds this Ordinance promotes the
public safety and welfare of the community because it provides for the proper management by the
City of the public rights-of-way to maximize the efficiency and minimize the costs to the taxpayers,
it protects against foreclosure of future economic expansion because of premature exhaustion of the
public rights-of-way, and it minimizes the inconvenience to and negative effects on the public from
nontraditional uses of the public rights-of-way.
SECTION 3. If any provision or clause of this Ordinance or the application thereof
to any persons or circumstances is held to be unconstitutional or otherwise invalid by any court of
competent jurisdiction,such invalidity shall not affect other provisions or clauses or applications of
this Ordinance which can be implemented without the invalid provision or application; and to this
end, the provisions of this Ordinance declared to be severable.
SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after
its passage.
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SECTION 5. A summary of this Ordinance shall be published in the manner
required by law.
PASSED, APPROVED AND ADOPTE► is 5 3.y of June 2000.
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Cristina Cruz-Madrid, Mayor
ATTE T:
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Adol l.. Solis,f ity Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I,Adolph Solis, City Clerk of the City of Azusa,do hereby certify that the foregoing
Ordinance No. 00-08 was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the 15th day of May , 2000, and that thereafter,
said Ordinance was duly adopted and passed at a regularmeeting of the City Council on the5th
day of June , 2000, by the following vote, to wit:
AYES: COUNCILMEMBERS: Hardison, Stanford, Rocha, Beebe, Madrid
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None 4
Adolph Soles,/ity Clerk
APPROVED AS TO FORM:
City Attorney
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EXHIBIT "A"
Article XX
UTILITY FRANCHISES
Sections:
Sec. 18-1235 Purpose.
Sec. 18-1236 Definitions.
Sec. 18-1237 Franchise required.
Sec. 18-1238 Procedure.
Sec. 18-1239 Surcharge for natural gas and electricity transporters.
Sec. 18-1235 Purpose.
A. The public rights-of-way are unique public resources held in trust by the city for the
benefit of the public. These physically limited resources require proper management by the city to
maximize the efficiency and minimize the costs to the taxpayers, to protect against foreclosure of
future economic expansion because of premature exhaustion of the public rights-of-way, and to
minimize the inconvenience to and negative effects on the public from nontraditional uses of the
public rights-of-way.
B. Under applicable state and federal law,the city is empowered to control access to and
use of its public rights-of-way, and to obtain reasonable and fair compensation for the use thereof.
C. The purpose of this article is to serve and further the purposes identified herein for
the protection of the public health, safety, and welfare.
Sec. 18-1236 Definitions.
For the purposes of carrying out the intent of this article,the following words, phrases, and
terms shall have the meanings set forth herein unless a different meaning is clearly intended by the
use and context of the word, phrase, or term.
A. "Facility" means any fiber optic, coaxial, or copper cable, telephone,
telecommunications.electric,or other wire or line,oil,gas,or other pipeline,duct, conduit, cabinet,
tunnel,vault,equipment,drain,manhole,splice box,surface location marker,pole,structure,utility,
or other appurtenance, structure,property,or tangible thing owned, leased, operated, or licensed by
a person and located or proposed to be located in, upon, above, beneath, or across any public right-
of-way.
B. "Person" means any person, business, firm, corporation, or other legal entity who
places, constructs, owns controls, operates, manages, or uses any facility in, upon, above.. beneath,
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or across any public right-of-way.
C. "Public right-of-way"means the area in upon, above, beneath, or across any public
street, road, lane, court, alley, boulevard, sidewalk, pathway, park, open space, landscape lot,
drainage facility, easement or other public place or property within the city, as it now or hereafter
exists.
Sec. 18-1237 Franchise required.
Unless exempted by state or federal law, no person shall place, construct, own, control,
operate, manage, or use any facility in, upon, above, beneath, or across any public right-of-way for
the purpose of transmitting or distributing any telecommunications. electricity, gas, oil, water, or
wastewater service without first obtaining a nonexclusive utility franchise from the city.
Sec. 18-1238 Procedure.
A utility franchise shall be granted at the discretion of the city council by adoption of an
ordinance in accordance with the Broughton Act(Public Utilities Code section 6001 et seq.) or the
Franchise Act of 1937 (Public Utilities Code section 6201 et seq.). The grant of a utility franchise
shall not diminish, abrogate, or otherwise affect a grantee's obligation to comply with any other
applicable provision of this code,or state or federal law,including,but not limited to,the following:
A. Any permit or authorization required for the privilege of transacting business within
the city as required by the code or ordinances of the city.
B. Any permit, agreement, or authorization required in connection with activities in,
upon, above, beneath, or across the public rights-of-way, including, but not limited to, street work,
street excavation, use, removal and relocation of property within a street, or other street work.
C. Any permits or agreements for occupying any other property of the city to which
access is not specifically granted by the right-of-way agreement including, without limitation,
permits and licenses for placing devices on or in poles, conduits, or other structures or facilities
owned by the city or other governmental entity.
Sec. 18-1239 Surcharge for transportation of natural gas and electricity.
Any person granted a utility franchise by the city is prohibited from transporting natural gas
or electricity for any other person using any facility that is subject to the utility franchise without
assessing, collecting, and remitting a surcharge to the city, pursuant to Chapter 2.5 of the Public
Utilities Code (commencing with section 6350 et seq.), to replace, but not increase, the fees that
would have otherwise been collected by the city under the applicable utility franchise. This section
shall not apply to any utility franchisee transporting natural gas pursuant to a "gas transportation
only" agreement in effect prior to January 1, 1986.
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