06-07-2011 - Auto Plaza Business Improvement District - Item 12 Attach 2 (2).pdfATTACHMENT NO. 2
WEST COVINA AUTO PLAZA
BUSINESS IMPROVEMENT DISTRICT
ANNUAL REPORT
FOR
FISCAL YEAR 2011-2012
1. Any proposed changes in the boundaries of the business improvement district area.
None.
2. The improvements and activities to be provided for Fiscal Year 2011-2012.
Financing the operation and maintenance of an electronic readerboard located in the West
Covina Auto Plaza adjacent to the San Bernardino Interstate 10 Freeway as well as
financing of the operation and maintenance costs for the entry statement to the Auto
Plaza, which includes the sign and landscaping located at the southwest corner of Azusa
Avenue and Garvey Avenue South. Financing also includes landscape maintenance
along Interstate 10 Freeway immediately facing and parallel to the Auto Plaza
Dealerships.
3. Estimate of the cost of providing the improvements and the activities for Fiscal Year
2011-2012.
Gross estimated annual cost for programming, maintenance, electricity, and insurance for
readerboard sign, seasonal color (landscape materials), landscape maintenance, taxes and
preparation costs is $48,220.00. A reserve of $24,110.00 for six months of operating
costs will be maintained. An assessment of $8,015.44 for each of the six sites in the
business improvement district will be placed on the tax rolls by the County of Los•
Angeles Department of Auditor-Controller.
4. Method and basis of levying the assessment for Fiscal Year 2011-2012.
The method and basis of levying the assessment will be pursuant to Ordinance No. 1923,
which was adopted by the City Council on June 1, 1993.
5. Amount of any surplus or deficit revenues to be carried over from Fiscal Year 2010-
2011.
The total amount of surplus/deficit revenue to be carried over from Fiscal Year 2010-
2011 is $24,037.38. •
6. Amount of any contributions to be made from sources other than the assessments
levied.
None.
;Xeii.x;fee.BGiget. Actual 2010-2011 . Projected 30 0..''?:OS. 047e1 e:,;.t.;:,..14;110:00:: as of 2(25 31:f2.1i01.441 5 lexcloss 5 8,794.05 Pnilisiliel .' 't ' 5050% •.:1tiff FS,: :'401'i % 67% s 37,284.03 5 22,507.58 5 6,805.00 t„5:1'.14165701.5q 5 25,294.68 "•' '''''' --- 7. r'..: .09,67% 5 29,307.68 ;5 JE:l74,s3u,:ii) 5 62,578.71 ''' • ' — t::'t:::::';'7, .',4 5 66,591.71 2.080.00;":- S 3,120.00 422.26 15. , $ 5,055.05 290.73 7,90440 r5%5j i, 8e67% $ 12,000-00 - s '.260.67% s 4,000.00 - s 1,763.28 F.:::,j.:NiSfitl!tij: e-3,1'.,'‘50,0,%. 6,667.00 West Covina Auto Plaza Business Improvement District Assessment Budget for Fiscal Year 2011-2012 Fund Balance Beginning Balance as of July 1 Revenues Revenues from Assessments • Interest Income/ Other Tabs! Revenues TOTAL OPERATING FUND AMOUNT Expenditures Professional Services (EMI-Programming) Accounting and Auditing (LA Co, CPA, public notices, taxes) Appraisals, Titles, Escrow Electricity . Telephone Other Services Equipment M & R (EMI-Maintanance) Other Insurance Project Improvements (Landscape) Admin and Overhead Capital Improvement Projects (Sign Repaymen0 TOTAL EXPENDITUREAMOUNT • .; 2004-2005 Actual 2005-2006 Actual 2005-2007 Actual , 2007-2008 Actual . 2008-2009 Actual 11't'....;:fittriaII:41 2089-2010 Actual $0 ,25 60865.55 $ 814.99 MERAW $ 136,923.56 5 2,297.88 TRESIMPI: 5 • 98,363.91 5 4,052.37 teNDIREE 5 32,935.56 5 4,323.84 5 37,259.40 . ritilifiEfig 5 57,441.00 5 2,161.92 • " 'co, ''$•.'.....26i.17.5.15$4 4....-.1,:iisad: t$IRa15061.55', '&.::.:26',3$&82 5 • - 295.42 & 61,680.55 5 139,221.46 5 102,419.28 5 59,602.92 115.71131,67.600: 5 20,193,24 $ 87,612.601 5 151,108.18 is 194,327.21 1 $ 159,100.80 1 S 125,910.92 11$ .' •:97.0./1.00.11 $ 70,258.29 5 3,010.00 $ - 5 954.31 S. 35,492-18 5 432.29 5 - $ 11,746.00 5 3,731.00 S - 5 4,973.00 5 15.357.00 5 3,120.00 5 - 5 851.97 5. .26.037.55 5 399.50 5 528.80 5 11,866.00 5 3,656.00 5 420.43 5 4,873.00 $ 15.357.00 ' 5 3,120.00 0 936.70$ 5 4,488.00 5 11,021-28 $ 422.07 5 - 5 11,856.00 5 3,656.00 5 6,526.75 5 6,122.00 5 15,357.00 5 5,362.08 15,363.72 5 - 5. .. 9,231.97 5 518.16 5 - 5 12,116.00 5 3,450.00 5 26,272.00 5 5,122.00 S 15,357.00 5 3,120.00 $ 5,855.0D 5 .5 10,521.00 5 479.00 s 5 12,719.00 5 3,450.00 5 1,064.05 5 3,591.00 5 16,357.00 4' -• -;!..4:0; . .... .. 00,06: ;S3...: *IpSie: 160 1 . I I.2jl(i0lL0lI OW !1.&)600.$11‘t ' ,'54.0.0•:. $. .555. 5 2,860,00 5 3,057.69 5 S. 8,341.20 $ 496.95 - $ 12,116.00 5 B450.03 5 - 5 2,351.00 5 - 5 75,725.78 1 $ 69,197.25.1 5 .62,605.80 I 5 92,792.93 I $ 56,152.00 I 9.,,,,itAl9fg.,00i1 5 32,676.94 ' .. .,.:1=, ..?..1.s44.1.24iss7Iss.111 11..,.:14;saosKi I 1!;$.,,,,p,..,;.r..,j.1..il,„•:,;..1 T.B.D. 1,'" '' , '' '. ''''''' .1,...'...7:.4,...r.... '''',1t5PiiiR1i:(8061.12)1 F5.iii‘fialfJ401.41'1 . 1:514'.iFft:6',026:60 I .t..1 I PROJECTED YEAR-END BALANCE • • :•!•:!.• )'IS.tqV,Izs;szsm..)DsE,ZpY.sz;sszssAsS.tg:Sms.sss.s3:ISS.:ssJsisoVl;is4gq4sfss2is24::V.z..::;:'opq.'.iy:If:s::11:.i?)2Ti242issll 'ASSESSMENT PER DEALER (6) 1304.'03!'!SAWaSklilSr'iii.:4310:TiS.4g6.6;113:tgliCSS400,1105111rat.40:SSIIISSlit.HIP,SISIX5Ve.I'S''..:::01Siszfil.ihiltiERT01158.SI
Z:\City Council Staff Reports\2011\Authorization for Fireworks Displays_2011.doc
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Paul Segalla, Fire Chief
Fire Department
SUBJECT: AUTHORIZATION FOR FIREWORKS DISPLAY
RECOMMENDATION:
It is recommended that the City Council authorize the following fireworks displays.
1. Fireworks display at the West Covina High School graduation ceremony to be held on June
9, 2011.
2. Fireworks display for the City of West Covina Independence Day Celebration to be held on
July 4, 2011, at Edgewood Middle School.
DISCUSSION:
The West Covina Unified School District has requested a public display of fireworks for their
2011 Senior Class Graduation Ceremony on June 9, 2011, at the West Covina High School
campus. The site has been used for years for the City of West Covina fireworks display and
provides a safe and sound area for the activity. The school district has awarded a contract to
Pyro Spectaculars of Rialto, California. A Certificate of Insurance will be filed with the West
Covina Fire Department.
The City of West Covina Community Services Department has requested a public display of
fireworks for their 2011 Independence Day Celebration at Edgewood Middle School campus
using Fireworks America as the vendor.
West Covina Unified School District and Community Services Department will notify all
residents within 300 feet of the boundaries of the campuses, per permit requirement. Meetings
with the firing technician, school district, and with the Fire Department will be completed prior
to each of the events. The firing site plans will be submitted, reviewed, and approved. Security
issues have been identified and will be provided by West Covina Unified School District and
City of West Covina.
FISCAL IMPACT:
There is no fiscal impact to the City and/or department’s budget. Permit fees collected will be
deposit into Account No. 110.32.4250.
Prepared by: Jason Briley Reviewed/Approved by: Paul Segalla
Fire Inspector/Investigator Fire Chief
City of West Covina
Memorandum
A G E N D A
ITEM NO. 13
DATE June 7, 2011
City of West Covina
Memorandum
TO: Andrew G. Pasmant, City Manager
and City Council
ITEM NO. 14
DATE: June 7,' 2011
FROM Michele L. McNeill , . . , ..„ . • , • ; . • i • . • • . Acting Human Resources Director Service Director , • • • ..
SUBJECT: RESOLUTION OF INTENTION TO AMEND THE` CONTRACT
BETWEEN CALPERS AND THE CITY OF WEST COVINA; FIRST
READING OF ORDINANCE TO AMEND THE RETIREMENT BENEFIT
FOR LOCAL FIRE MEMBERS ENTERING MEMBERSHIP FOR THE
FIRST TIME IN THE FIRE CLASSIFICATION TO 1% AT ,,‘ t,4
- . • . ' 1 . . . . :',.-;,, RECOMMENDATION: . . • , .. .It.
• ; - L, t ,,;',...-, t-•••.•;;,v
It is recommended that the City Council:
1. Adopt -Resolution of Intention (Attachment No. 1) to approve an amendment to contract
between the Il3parcV'of Administration of the California Public Employees' -Retirement
System (CalPERg) and the West Covina City Council; and ;• 2. Introduce- Ordinance (Attachnient No 2) authorizing' an amendment to , the contract
• ;( between the Board of Adiniiiikratibri of CalPERS and the West Covin City CounCil,• and
3. Authorize the City Clerk to execute required CalPERS -certificatfons a Lnd &curl-lei-its for
'local fire members entering membership for ,the first time in the fire classification
(Safety), amending the retirement benefit to 3% af'-55. ; = •
• Form CON-12, Certification of the Governing Body's Action (Attachment
No. 3)
• Form CON-30, Certification of Compliance with Government Code Section
20475 (Attachment No. 4)
DISCUSSION: • ,
Due to the depressed economy and its effects on the City's' revenue, streams, employees are
o , working collaboratively with the City to help red -uce the General Fund burden and minimize
long-term pension cnks. Most recently, the 'West Covina : Fire Department was SUCcessfully .k , awarded $3,051,313 through the grant Staffing for Adecplia`te Fire 8c Emergency .Response
(SAFER)—offered through the Federal Einergelicy M ...iiagernent Agency (FEMA). . • • ,
The SAFER grant provides funding directly to fire depai Intents in order to help them increase
the number of trained, "front line" firefighters available in their communities. As a result of the
award, West Covina will hire four Firefighter Paramedics and eight Firefighters for a term of two
years—funded exclusively by the grant. This will allow the City to temporarily reinstate the 5 fil
engine company into service, thereby improving the level of fire service for residents and also
capture savings in overtime by filling vacant positions..
The City's negotiating team has met with the West Covina Firefighters' Association (WCFFA)
and reached agreement to amend the retirement formula for all new fire employees (hired after
July 5, 2011) to 3% at 55 (Attachment No. 5). . This movement on behalf of the WCFFA has
shown a commitment to their collaborative approach in addressing the City's long-term pension
costs.
In order to implement a contract amendment with CalPERS, there are several steps that must be
taken:
1. Adoption of a Resolution of Intention
2. Introduction of an Ordinance to amend the contract
3. Adoption of the final Ordinance at least 20 days after the adoption of the Resolution of
Intention (which would occur during the City Council meeting on July 5, 2011).
131:Fpared by: Michele L. McNeill
C6mmunity Services Director &
:Oting Human Resources Director
Reviewed /Approved by:
Andrew G. Pasmant, City Manager and City Council
2 June 7, 2011
The Human Resources Department is currently in the process of recruiting, testing, and
scheduling background/medical checks for the qualified firefighter applicants. In order to
capture immediate General Fund savings through the SAFER grant, the City should hire the new
employees as soon as possible. Because of this, staff recommends that the City Council proceed
with an Urgency Ordinance at the July 5, 2011 City Council meeting, allowing the Human Resources Department to extend offers of employment as early as July 6, 2011 under the new retirement formula of 3% at 55.
FISCAL IMPACT:
Approving staff's recommendation will continue to assist the City in addressing its long-term
pension costs. The 3% at 55 PERS formula will not result in immediate savings, but will
generate savings into the future as new fire-safety employees are hired.
Finance
RevieWed/Approved by: Thomas Bachman
Assistant City Manager
Attachments:
Attachment No. 1: Resolution of Intention
Attachment No. 2: Ordinance
Attachment No. 3: Form CON-12, Certification of the Governing Body's Action
Attachment No. 4: Form CON-30, Certification of Compliance with Government Code
Section 20475
Attachment No. 5: Summary of Major Provisions-3% @ 55 Formula (Section 21363.1)
Local Safety members
Attachment No. 1
RESOLUTION9F, INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEENTHE 1..
BOARD OrAOMINISTRATION •i 1.
CALIFORNIA PUBLIC EMPLOYEE'S' RETIREMENT9SYSTEM
AND THE
CITY COUNCIL
CITY OF WEST COVINA
WHEREAS, the Public Employees' Retireme.AL;aW thiPq.[IiPil?.atiQn„, of public
agencies and their employees:,in the P.,ubligEmbloyeest Retirement SY,§:LITI
by the.execution of a contract, land, setsjorth,the ipropedure,byphich_said
public agencies may, elect to subject themselves, and :I :thei,r eiTibloy,ees to
amendments to said Law; and t,
WHEREAS, one of the steps in the pro.cedures.to amend.this contract is ; the adoption
by the governing body of the publio.agency ,of:a)resolution giying,notice of
its intention to approve an amendment to said contract„whichiresolution
shall contain, a summary of the change proposediftsaid contract;,,and
WHEREAS, the following is a statement of the , proposed charige: ,
To provide Section 20475 (Different Level of Benefits).
Section 21,3631 (3.1-'6,,g.55.ftultforrquia) 4 applica,I* to :
local -fire members enteringsnembershiRfor-The first ,time
the fire classification after the:effective date : of this
amendment to ,.contract..,
. . .
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency
does :hereby give notice ., of ..';intention p. approvelan .arnenclrnent to the
contract, between said, publica.gen,cy and.,.the..Board pf:AcimipisWiph,,of..the
Public Employees' Retirement System, a copy of said amendment being
attached hereto, as an "Exhibit'.' and by this reference made a part hereof.
By:
Presiding Offiber
Title
Date adopted and approved
,
(Amendment)
CON-302 (Rev. 4/96)
•
Attachment Nc
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF WEST
COVINA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
WHEREAS, the City of West Covina has made a determination regarding the
issue of providing PERS Benefit of 3% @ 55 for local fire members entering
membership for the first time in the fire classification; and
WHEREAS, the City elects to pursue an Urgency Ordinance, which would take
effect immediately following adoption, in order to realize the cost saving benefits of the
SAFER grant (Staffing for Adequate Fire & Emergency Response) and allow the Human
Resources Department to provide employment offers to new fire personnel under the
PERS formula of 3% @ 55; and
WHEREAS, the Public Employees' Retirement Law permits the participation of
public agencies and their employees in the Public Employee's Retirement System by the
execution of a contract, and sets forth the procedure by which said public agencies may
elect to subject themselves and their employees to amendments to said Law;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST
COVINA DOES ORDAIN AS FOLLOWS:
SECTION 1. That an amendment to the contract between the City Council of the
City of West Covina and the Board of Administration, California Public Employees'
Retirement System is hereby authorized, a copy of said amendment being attached
hereto, marked Exhibit 1, and by such reference made a part hereof as though herein set
out in full.
SECTION 2. The Mayor of the West Covina City Council is hereby authorized,
empowered, and directed to execute said amendment for and on behalf of said Agency.
SECTION 3. The City Clerk shall certify the adoption of this Ordinance and
shall cause the same to be posted or published in the manner as required by law.
SECTION 4. This Urgency Ordinance shall take effect and be in force the date
following its passage.
APPROVED AND ADOPTED on this 6 th day of July 2011
ATTEST: Mayor Steve Herfert
City Clerk Laurie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby
,certify that the foregoing Ordinance was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the 7 th day of June 2011. That
thereafter said Ordinance was duly adopted and, passed at a regular meeting of the City
Council on the 6" day of July 201b3ç the f610Wini vote: ,
AYES: "
NOES:
ABSENT: , ,
Laurie Carrico
4:1 ;.• ...-.: 2
APPROVED AS TaFOR1Vf. , A 3
r4.5,1
==
City Attorney Arnold Alvarez-Glasman
i
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• CalPE RS
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of West Covina
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective July 1,
1966, and witnessed May 26, 1966,, and as amended effective November 1, 1968,
October 1, 1970, September 16, 1977, December 11, 1978, January 1, 1979, June 1,
1983, December 16, 1983, December 16, 1984, December 16, 1987, February 16,
1989, July 1, 1989, June 17, 1992, January 6, 1994, June 24, 1997, September 24,
1997, October 2, 1998, November 17, 1998, July 16, 1999, July 8, 2000, August 4,
2001, October 12, 2002, July 1, 2006 and January 8, 2011 which provides for
participation of Public Agency in said System, Board and Public Agency hereby agree
as follows:
A. Paragraphs 1 through 19 are hereby stricken from said contract as executed
effective January 8, 2011, and hereby replaced by the following paragraphs
numbered 1 through 20 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members entering membership in
the miscellaneous classification on or prior to January 8, 2011, age 60 for
local miscellaneous members entering membership for the first time in the
miscellaneous classification after January 8, 2011, age 50 for local police
members and for those local fire members entering membership in the fire
classification on or prior to the effective date of this amendment to contract
and age 55 for local fire members entering membership for the first time in
the fire classification after the effective date of this amendment to contract.
• . .
PLEASE DO NOT SIGN "EXHIBIT ONLY"
; • 44170 • •
2. Public Agency Shall-fiarti,cipatevin "the rublic--),Employees,,Retirement
' by - i System from and after JuIrl m , a ng its ,emp l ees..as .:here nafter
said System subject to all provisions of the Public
EmploYeeg" FZelirkideiftgiegOtiu.74§1-gp151V. bnly_ion election of a
• __::„,..,-,Q9ntraptingragen,gyartid are not provided for herein and to all amendments
fo''sa-rd LaWfierrAftergifaa6dgkigPfth.i5=64;w hiOh by,epress,provisions
„ thereof, apply only on the election of a contracting agency.
: I W?..I •J IV:31T1 N--:;• ik:X.:0 •3; f • ,r; /;/-
3. Public Agency agrees to inderninifrdefentranithsold t harrriless the
,Califo,rnia_1302,1ic Employees' Retirement System (CalPERS) and its
_ `frtilgtee,' agentiSIdeerbfilOWSTIWG-61PEIRS;Bbard Administration,
- f car2,1: and-the Californfa`PublreErni5Wee`s,Retii-eme:nt furr&frOrnianyzclaims,
demands, actions, losses, laiiittreg, dahladeStiddgrrient%5-expenses and
iid.posts,,;inplqping but,ngt limited to interest, penalties and attorneys fees
A s
"Ifiacfniay-arige "aS'''a" rregulrOf anytfAhe ktollowing:,,-- ,
4 ' - • 110-.;'A 1---"AlIKAgpricy:sple-Ction:t0: Telitel-nebt tienefit8t;
under this different than
'•-the'retiternent 'bteriefits,' iirb\'ii§ibeig,OFfdrinuigfirovided under
the Public Agency's prior non-CalPERS retifeiffent program.
, • / . .4 • -,.• - • 4 • PUblit 'Ageddys.'electio'n ,t(Yarnend'thiS, Odffti-adtetty provide
• ''''; '-'1-61115 V6M6fifs?..0il 4'arlotrii61 -Yhat -are,different than
. '''-'1 g5dstirig're0eM6iit'bgfefitepididgiciriS4dttfbrititila§.4,- :1. t Ag.0,74
(c) Public Agency's agreement with a third partpothepthan
CalPERS to provide retirement benefits, provisions, or formulas
4461;difi -g-kt ihrgitthaqkirbffigbl',.bglibfitg iirovisidns or ; • , ,
" " -fOrMulas 'provided:un erthis -Contractand -provided for under
flig6aiithhilgyi6bli6Efill5109geg Re'fiieffient 'l2gw.
• (d), Public Agency's election to file for;bankruptcy under Chapter 9
• -1 (commendi ng with .s ectiori 901) .of .T itle 11 ofthe United States
Bankruptcy Code and/or Public9Abdileite'ttedibn to reject this
Contract, with the CajpERs Board ofAdministration pursuant to
defliW(friiieci'8tate'eRarikriliritey Code ; •or'anysi,milde provisrowof
11 M'as•,1 .2 50;1 •
(e) Public Agency's elediOn 'tti'a's'gH 166' thig' Cantractwithobt the prior
written consent of the CalPERS ' Board of Administration. ii3tivy I 1.1.!<r •
The t6fmillatidifraithiS 18bntra'dflertherVOIOntarily lbYlrequest of
Public Ageng-'0'inVOlUritaTilyfiursba'n4 t6 the',P0 bile , Employees'
•Retirernent
•Ch'dnge' ''springareflqbY4Pqblid'Agei)441115•6kistiAbIetirement
amendments, additions or deletiong4e0dlifOrtila -•Statole or to
the California Constitution.
ni mn ,"r eirm rv),11: " uo . ut,,11\1 UIVL.I
Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
Local Fire Fighters (herein referred to as local safety members);
Local Police Officers (herein referred to as local safety members);
Employees other than local safety members (herein referred to as
local miscellaneous members).
In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
PERSONS COMPENSATED ON AN HOURLY BASIS;AND
EMPLOYEES AND FORMER EMPLOYEES RETAINING RIGHTS,
OR RECEIVING BENEFITS ON ACCOUNT OF RETIREMENT
FOR SERVICE UNDER THE LOCAL SYSTEM AS OF JULY 1,
1966.
Benefits being received under the local system on July 1, 1966 by
persons retired for disability shall be continued by the Public Employees'
Retirement System at the rate provided in the local system in accordance
with Section 20481 of the said Retirement Law, said rate being constituted
as follows:
a. A monthly lifetime allowance in the amount of one-half of the retired
person's basis salary at the date of disability retirement reduced by
the worker's compensation payments, each month during the
retired person's entitlement to such payments.
A $500 death benefit payable upon death of the retired person
described above.
Public Agency, in accordance with Section 20685 of the Government
Code, shall provide that the normal rate of contribution for those
employees who were members of the Local Retirement System be based
on age at entry into said local system.
Assets heretofore accumulated with respect to members in the local
retirement system have been transferred to the Public Employees'
Retirement System and applied against the liability for prior service
incurred thereunder. That portion of the assets so transferred which
represent the accumulated contributions (plus interest thereof) required of
the employees under said local system has been credited to the individual
membership account of each such employee under the Public Employees'
Retirement System.
E: ft .1. ill
r LiU 11/ki I
4
9. This contract Shall be a -Coritinuation of the .contract,of the San Gabriel
Valley Fire Authority. A portion of the fOrictioniof The: San Gabriel Valley
Fire Authority, has been ,transferred to the City of West Covina. The
accumulated contribtitiOns', aS'setsiarbiliability for prior and current service
under the Former Agency's contract shall be merged pursuant to Section
20508 of the‘GOVerrinient erode:. SuCh-ltrierger occurred February 1, 1989.
10 The percentage 'of-final Compensation to -be provided. .for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after July 1, 2006 shall be determined in
acCordance with SectiOn 21354. orsaid Retirement-law (2%fat age 55
Full).
1.1. The Rerpentage of final compensation to be provided for each year of
Credifed pribr'aend curreht s'ehiiCe4aS' a lOcarmiscellaneouS member in
employment on or after July 1, 2006 and riOtenteringfMembership for the
first time in._the miscellaneous classification after January 8, 2011 shall be
determined in a CaOid aide' With Sectibni21354.4 Ofs id ,Retirement Law
(2.5% at age 5t5`611). .
12. The percentage of final coMpensation tobeiprovidedlor each year of
credited current service as a local miscellaneous member entering
membership fOr the''fir -gf tad inqh&rriikelldheOu§,classifrcation after
January 8:2011 Shall'bedefehtified iriactOrdanCe•With. Section 21353 of
said Retireinenf taW (2%--at'ag'&60 ' :• -
1 The percentageOt,firial- cornpens'atiOn tobe ,provided foreaCh year of
credited prior and du rfefit service as la local police memberiand.for those
local fire members' entering membership in the firelelassification on or
Oar to the effective date bf-thigvarrieridnierit to Contract Shalt be
determined' in acbc4darree';WithISectiOn'-21362.2 of :Said• Retirement Law
(3% at age 50 Full)." =
1 14. The percentage Of finat -CoMpensatibmto be' providediforeacn year of
- credited . current serViCe4as'a lOCal'fire=Metriber. entering ,membership for
•the firSttirrieln The fire'claS'alfidatidnafterLitie-effective date -i.of this
amendment to contract shall be determined in aCcordance-witIV -•ection
21363.1 of said Retirement Law (3% at age 55 Full).
15. Public Agency elected and elects to be subject to the following optional
provisions:
SectiOn '21389 ,*(S'econd''OppOrtirnity .t-to Elect 1959 Survivor
Benefit): tegiSlatibb' repealed ''S'aid SeCtiONteffective September
27;1079: '"
b. Section 21536 (Local System Service Credit Included in Basic
• beath Benefit):
c. .Sectiori 20903,i (Two Years Additionalit',,Servicef.Credit) for local
rniscellariebue meniberSIOnly.'
ni mrcr ir
LL.J•iuL. LA.) LJ i Li‘;iIJ , 01 ,a.1
d. Sections 21624 and 21626 (Post-Retirement Survivor Allowance)
for local safety members only.
e. Section 20042 (One-Year Final Compensation).
f. Section 20965 (Credit for Unused Sick Leave).
g. Section 21622 ($600 Retired Death Benefit) for local fire members
only.
h. Section 21024 (Military Service Credit as Public Service).
i. Section 21574 (Fourth Level of 1959 Survivor Benefits).
Section 21548 (Pre-Retirement Option 2W Death Benefit) for local
safety members only.
k. Section 20475 (Different Level of Benefits). Section 21353 (2% @
60 Full formula) is applicable to local miscellaneous members
entering membership for the first time in the miscellaneous
classification after January 8, 2011.
Section 21363.1 (3% @ 55 Full formula) is applicable to local fire
members entering membership for the first time in the fire
classification after the effective date of this amendment to contract.
16. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
September 16, 1977. Accumulated contributions of Public Agency shall
be fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
17. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
18. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
,Olt* COUNCIL
"\ \"-CITY OF WEST COVINA
I. 0
BY
PREST14.01.p OFFICER
.;-;\ <-
'
•
A reasonable amount, as fiXed
,' the Boa* payable in one
installment as the occasions arise, to - &Wei' the 'hosts Of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations retkiirecFbYlaW:
19. Contributions required of Public Agency and • its employees shall be
subject to adjustment by Board on account of amendments to the Public.
Employees': Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation. requIred ebys s:ai,d• etikemept,Law,, „
20. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
. contributions .ise paid for any period proper adjustment shall be made in
• - tlala .‘ E, • n
connection with subsequent rernittan -ces:—.'Adjustmenton 'account of
errors in contributions required of any employee may be made by direct
payments -between-the employee-and the Board y.00 ,11 p
B. This:amendment shall be effective on the
day of
BOARD OrAOMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM . e
BY
DARRYL WATSON, CHIEF
CUSTOMER ACCOUNT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
••,
Witness Date
Attest:
Clerk
AMENDMENT ER# 630
PERS-CON-702A
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Attachment N
Actuarial and Employer Services Branch
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(888) CalPERS (225-7377)
ERTIFICAT1ON OF GOVERNING BODY'S ACTIO
I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the
of the
(governing body)
(public agency)
on
(date)
lerk/Secretary
Title
PERS-CON-12 (rev. 1/96)
j'ati -ORNIA PUBLIC EmpEbYEtgi WEtifitiiiiEfft gY:$17E • • Aitachnient No. 4 •
Actuarial and Employer Services Branch
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709 - 2 ,n
(888) CalPERS (225-7377)
CERTIFICATION oP COMPLIANCE WITH
GOVERNMENT CODE SECTION 2047
`••;••••';',/ , : • •„
I hereby certify that the 7' of the
: .(gove rp ing .body)..,,
• '• 4 d ••, . ;•!;•:•., • •
W.'
1 r
has fully discharged all of the obligation imposed by Chapter 10 (cornmencing.with
i
SectiOro3500),'.of,DiViSiori GovernmentCade.
• :
•
•
•;z•
• • .
. .. • ... • • 't •
.; • ;•74 ti• •
Title
.• ••,-, _.. ..LLE
,
ft -12 ::••
.1•4 , ;
Witness ,
Pate,
•
PERS-CON-30 (Rev. 1/96)
1
,•11
•
'CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Attachment I\
Actuarial and Employer Services Branch
Public Agency Contract Services
(888) CalPERS (225-7377)
SUMMARY OF MAJOR PROVISIONS
3% @ 55 Formula (Section 21363.1)
Local Safety Members
SERVICE RETIREMENT
To be eligible for service retirement, a member must be at least age 50 and have five years of
CalPERS credited service. If provided by the employer's contract, mandatory retirement age for
local safety members is age 60.
The monthly retirement allowance is determined by age at retirement, years of service credit and
final compensation. The basic benefit is 3% of final compensation for each year of credited
service upon retirement at age 55. If retirement is earlier than age 55, the percentage of final
compensation decreases for each quarter year of attained age to 2.40% at age 50. The allowance
is limited to 90% of final compensation.
Final compensation is the average monthly pay rate during the last consecutive 36 .months of
employment, or 12 months if provided by the employer's contract, unless the member designates a
different period of 36 or 12 consecutive months when the average pay rate was higher. Certain
items of special compensation earned during your final compensation period will be included in
your final compensation, in accordance with Board regulations.
DISABILITY RETIREMENT
Members substantially incapacitated from performing the usual duties for the position for his/her
current employer would be eligible for disability retirement provided they have at least five years of
service credit. The monthly retirement allowance is 1.8% of final compensation for each year of
service. The maximum percentage for members who have between 10.000 and 18.518 years of
service credit is one-third of their final compensation. If the member is eligible for service
retirement the member will receive the highest allowance payable, service or disability. If provided
by the employer's contract, the benefit would be a minimum of 30% of final compensation for the
first five years of service credit, plus 1% for each additional year of service to a maximum benefit
of 50% of final compensation.
INDUSTRIAL DISABILITY RETIREMENT
Members permanently incapacitated from performing their duties, as defined above under
Disability Retirement, and the disability is a result of a job-related injury or illness may receive an
Industrial Disability Retirement benefit equal to 50% of their final compensation. If provided in the
employer's contract and the member is totally disabled, the disability retirement allowance would
equal 75% of final compensation in lieu of the disability retirement allowance otherwise provided.
If the member is eligible for service retirement, the service retirement allowance is payable. The
total allowance cannot exceed 90% of final compensation.
PRE-RETIREMENT DEATH BENEFITS
Basic Death Benefit: This benefit is a refund of the member's contributions plus interest and up to
six months' pay (one month's salary rate for each year of current service to a maximum of six
months).
PERS-CON-53 (rev. 6/07)
1957 Survivor Benefit: An eligible beneficiary may elect to receive either the Basic Death Benefit or
the 1957 Survivor Benefit. The 1957 Survivor Benefit provides a monthly allowance equal to one-
half of the highest service retirement allowance the member would have received had he/she
retired on the date of death. The 1957 Survivor Benefit is payable to the surviving spouse or
registered domestic partner until death or to eligible unmarried children until age 18.
1959 Survivor Benefit: (If provided by the employer's contract and the member is not covered
under social security.) A surviving spouse or registered domestic partner and eligible children may
receive a monthly allowance as determine by the level of coverage. This benefit is payable in
addition to the Basic Death Benefit or 1957 Survivor Benefit. Children are eligible if under age 22
and unmarried.
Pre-Retirement Option 2W Death Benefit: (If provided by the employer's contract.) The spouse or
registered domestic partner of a deceased member, who was eligible to retire for service at the
time of death, may to elect to receive the Pre-Retirement Option 2W Death Benefit in lieu of the
lump sum Basic Death Benefit. The benefit is a monthly allowance equal to the amount the
member would have received if he/she had retired for service on the date of death and elected
Option 2W, the highest monthly allowance a member can leave a spouse or registered domestic
partner.
Special Death Benefit: A surviving spouse, registered domestic partner, or eligible children or step
children may receive a monthly allowance equal to one-half of the final compensation. If the cause
of death is due to external violence or physical force while on the job, and there are eligible
surviving children in addition to a spouse or registered domestic partner, the allowance may be
increased to a maximum of 75%.
COST-OF-LIVING ADJUSTMENTS
The cost of living allowance increases are limited to a maximum of 2% compounded annually
unless the employer's contract provides a 3, 4, or 5% increase.
DEATH AFTER RETIREMENT
The lump sum death benefit is $500 (or $600, $2,000, $3,000, $4,000 or $5,000 if provided by the
employer's contract) regardless of the retirement plan chosen by the member at the time of
retirement.
TERMINATION OF EMPLOYMENT
Members who have separated from employment may elect to leave their contributions on deposit
or request a refund of contributions and interest. Those who leave their contributions on deposit
may apply at a later date for a monthly retirement allowance if the minimum service and age
requirements are met. Members who request a refund of their contributions terminate their
membership and are not eligible for any future benefits unless they return to CalPERS
membership.
EMPLOYEE CONTRIBUTIONS
Local safety members covered by the 3% @ 55 formula contribute 9% of reportable earnings.
Those covered under a modified formula (coordinated with Social Security) do not contribute on
the first $133.33 earned.
The employer also contributes toward the cost of the benefits. The amount contributed by the
employer for current service retirement benefits generally exceeds the cost to the employee. In
addition, the employer bears the entire cost of prior service benefits (the period of time before the
employer provided retirement coverage under CalPERS). All employer contribution rates are
subject to adjustment by the CalPERS Board of Administration.
PERS-CON-53 (rev. 6/07)
City of West Covina
Memorandum
AGENDA
TO:
FROM:
Andrew G. Pasmant, City Manager
and City Council
Shannon A. Yauchzee, Director/City Engineer
Public Works Department
ITEM NO. 15
DATE June 7, 2011
SUBJECT: CO-OPERATIVE AGREEMENT WITH THE COUNTY OF LOS
ANGELES TO PROCURE TRAFFIC SIGNAL CONTROL SYSTEM
SOFTWARE AND HARDWARE AND TRAFFIC SIGNAL
CONTROLLERS
RECOMMENDATION:
is recommended that the City Council take the following actions:
1. Accept a grant in the amount of $780,000 from the County of Los Angeles to procure
Traffic Signal Control System software, hardware, and traffic signal controllers and
authorize the Public Works Director/City Engineer to execute a cooperative agreement
with the County of Los Angeles.
Appropriate $475,000 from the grant to City Project No. TP-11503 (Account No.
XXX.85.8138.7800) and $305,000 from the grant to City Project No. TP-08504 (Account
No. XXX.85.8852.7800).
3. Award the procurement of the Traffic Signal Control System software and hardware to
Transcore in the amount of $431,303 and authorize the Public Works Director/City
Engineer and City Clerk to execute a consultant agreement with Transcore.
Award the procurement of the traffic signal cabinets and controllers to Aegis/Econolite in
the amount of $334,738 and authorize the Public Works Director/City Engineer and City
Clerk to execute a consultant agreement with Aegis/Econolite.
DISCUSSION:
In 2003, Los Angeles County Department of Public Works began the design and implementation
of an inter-jurisdictional Advanced Traffic Management System (ATMS) for cities in the newly
formed San Gabriel Valley Traffic Signal Forum. The San Gabriel Valley Traffic Signal Forum
consist of cities bordering the Interstate 10 and Interstate 710 Freeways to the west, Interstate 210
Freeway to the north, 57 Freeway to the east, and 60 Freeway to the south.
The objective of this project is to design, develop, and deploy traffic control systems in the
corridor such that the signals along the Azusa Avenue, Amar Road, Vincent Avenue, Glendora
Avenue, Pacific Avenue, Valinda Avenue, Citrus Street, and Grand Avenue can be synchronized
across the jurisdictional boundaries. This project will concentrate on the needs of the agencies in
these corridors with respect to signal synchronization and recommend improvements to field
infrastructure (including controllers, loops, detectors, and communications) and central traffic
control systems to meet those needs.
When successfully completed, each of the agencies responsible for traffic signal operations in
these corridors will have full access to a Traffic Control System (TCS) that provides monitoring
and control of the traffic signals under its jurisdiction. Agencies will be able to synchronize their
signals with neighboring agencies and exchange traffic information in real-time. Agencies will
also be able to exchange data with other agencies in the San Gabriel Valley Traffic Signal Forum
Cities. This will allow the agencies to respond to recurrent and non-recurrent congestion in a
coordinated fashion across the jurisdictional boundaries
For West Covina, this means the replacement of a non-functioning 25-year old TCS with a new
state of the art TCS, communication upgrades between traffic signals and the TCS, traffic signal
controller upgrades to 88 traffic signals, and the ability to monitor the City's and the neighboring
agency's traffic signals.
ZAAGENDA - 2011 \Co-op Agreement - LA County.doc
Andrew G. Pasmant, City Manager
and City Council
Page 2 —June 7.2011
In coordination with County of Los Angeles Department of Public Works staff, City staff prepared a
Request for Proposals (RFP) to procure the Traffic Signal Control System software and hardware
and traffic signal controllers. The RFP was sent to five firms that specialize in the development and
deployment of TCS and four proposals were received. Upon a thorough review of the proposals,
two firms, Aegis/Econolite and Transcore, were selected to be interviewed. The two remaining
firms, Siemens and Telvent, were not selected to take part in the interview process because their
proposals did not show that their system would communicate with our existing traffic signal
controllers without developing additional software at additional costs.
After interviewing Aegis/Econolite and Transcore, both firms were required to leave a complete
TCS system to be evaluated by staff With full consideration of the City's needs, Transcore's TCS
was selected by staff based on their proposal, evaluation of the TCS system, and the fact that
Transcore was ready and able to implement the Information Exchange Network (IEN) whereas
Aegis/Econolite was not able to provide the IEN. The IEN is an important part of the system which
allows each agency to monitor the other adjacent agency's traffic systems. The following table
shows the four submitted proposals.
TRAFFIC CONTROL SYSTEM
RFP COMPARISON
Firms
,
Siemens Aegis/Econolite TransCore Telvent
Cost 5 334,166 5 342,319 $ 431,303 $ 501,052
IEN Implementation N/A N/A included N/A
Intersection graphics optional $ 3,380 included optional
Video & Data Collection not included $ 73,826 included not included
Grand Total $ 334,166 $ 419,525 $ 431,303 $ 501,052
_
System Training 40 hours 33 hours 40 hours N/A
Mobilization Payment 30% 10% 0% N/A
TRAFFIC SIGNAL CONTROLLER UPGRADES
RFP COMPARISON
Firms Aegis/Eeonolite Siemens TransCore Telvent
Controller/Cabinet Upgrades $ 305,000 $ 319,161 N/A N/A
Sales Tax 9.75% 5 29,738 $ 31,118 N/A N/A
Sub-Total S 334,738 $ 350,279 N/A N/A
The second part of the RFP was to submit quotes for the upgrade to traffic signals cabinets and
controllers at 27 intersections (see Attachment A). Two of the four firms submitted quotes and
Aegis/Econolite has the lowest quote of $305,000 plus sales tax of $29,738 for a total of $334,738.
ALTERNATIVES:
The City Council may choose not to accept the grant and forgo the procurement of the TCS, the
upgrade of traffic signal controller, and the ability to manage and monitor the City's traffic signals
system.
FISCAL IMPACT:
The $780,000 grant from the County of Los Angeles and $160,000 Proposition C Funds will fund
the procurement of the TCS software and hardware and traffic signal controllers needed for the
project. Funding for this project is as follows:
ZAAGENDA - 2011 \Co-op Agreement - LA County.doc
Andrew G. Pasmant, City Manager
and City Council
Page 3 — June 7,2011
TP-08504 — Traffic Signal Control Upgrades
No. Funding Source , _ Account Number Amount
1. County Grant _ 08504.XXX.7800 $305,000 __
2. Prop. C 08504.122.7800 160,000
Total $465,000
TP-11503 — Traffic Control System
No. Funding Source Account Number Amount
1. County Grant . 11503.XXX.7800 $475,000
Total $4
Project funding will be allocated as follows:
TP-08504 — Traffic Signal Control Upgrades
No. Item Amount
1. Procurement of TCS $431,303
2. Contingencies 43,697
Total $475,000
TP-11503 — Traffic Control System
No. Item Amount
1. Upgrade Signal Cabinets and Controllers $305,000
2. Sales Tax 29,738
3. Contingencies 61,000
Contract Admin 69,262
Total $465,000
IJA
-Prep. - b : Miguel Hernandez Reviewed/Approved by: Shannon A. Yauchzee
Civil Engineering Associate Director/City Engineer
Reviewed/Approved by: Approved Via Emai ft
Finance City Attorney
Attachment "A"— Traffic Signal Upgrades
"B" — Agreement
ZAAGENDA - 201 Co-op Agreement - LA Countycloe
ATTACHMENT "A"
City of West Covina
Traffic Signal Upgrades
Intersection Type of Upgrade Cost
California Avenue & Cameron Avenue ASC/3-2100 Controller and P44 Cabinet plus installation $ 17,059
Cameron Avenue & Fernwood ASC/3-2100 Controller and P44 Cabinet plus installation $ 17,059
Cameron Avenue & Hollenbeck ASC/3-2100 Controller and P44 Cabinet plus installation $ 17,059
Lark Ellen Avenue & Stuart Avenue ASC/3-2100 Controller and P44 Cabinet plus installation $ 17,059
Lark Ellen Avenue & Garvey Avenue South ASC/3-2100 Controller and P44 Cabinet plus installation $ 17,059
Lark Ellen Avenue & Workman Avenue ASC/3-2100 Controller and P44 Cabinet plus installation $ 17,069
Vincent Avenue & Puente Avenue ASC/3-2100 Controller and P44 Cabinet plus installation $ 17,059
Vincent Avenue & Workman Avenue ASC/3-2100 Controller and P44 Cabinet plus installation
ASC/3-2100 Controller and P44 Cabinet plus installation
$ 17,059
$ 17,059 Orange Avenue & Cameron Avenue
Merced Avenue & Orange Avenue ASC/3-2100 Controller and P44 Cabinet plus installation $ 17,059
Hallenbeck & Garvey Avenue south ASC/3-2100 Controller and P44 Cabinet plus installation $ 17,059
Hollenbeck & Garvey Avenue North ASC/3-2100 Controller and P44 Cabinet plus installation $ 17,059
Barranca Avenue & Garvey Avenue North ASC/3-2100 Controller and P44 Cabinet plus installation $ 17,059
Barranca Avenue & Garvey Avenue South ASC/3-2100 Controller and P44 Cabinet plus installation $ 17,059
Barranca Avenue & Cortez Street ASC/3-2100 Controller and P44 Cabinet plus installation $ 17,059
Valley Boulevard & Sentous Avenue ASC/3-2100 Controller and P44 Cabinet plus installation $ 17,059
Merced Avenue & Sunset Avenue ASC/3-2100 Controlle plus installation $ 2,935
California Avenue & Merced Avenue ASC/3-2100 Controlle plus installation $ 2,935
Cameron Avenue & Glendora Avenue ASC/3-2100 Controlle plus installation $ 2,935
Cameron Avenue & Lark Ellen Avenue ASC/3-2100 Controlle plus installation $ 2,935_
Lark Ellen Avenue & Rowland Avenue ASC/3-2100 Controlle plus installation $ 2,935
Lark Ellen Avenue & Puente Avenue ASC/3-2100 Controlle plus installation $ 2,935
Vincent Avenue & Sadillo Street ASC/3-2100 Controlle plus installation $ 2,936
Vincent Avenue & Rowland Avenue ASC/3-2100 Controlle plus installation $ 2,935
Glendora Avenue & Lakes Drive AK/3-2100 Controlle plus installation $ 2,935
San Bernardino Road & Azusa Canyon Road ASC/3-2100 Controlle plus installation $ 2,935
La Puente Avenue & Sentous Avenue ASC/3-2100 Controlle plus installation $ 2,935
TOTAL $ 305,000
04/26/2011 Page 1 of 1
ATTACHMENT "B"
AGREEMEN
THIS AGREEMENT, made and entered into this day of , 2010, by
and between the CITY OF WEST COVINA, a municipal corporation in the County of
Los Angeles, hereinafter referred to as CITY, and the COUNTY OF LOS ANGELES,
a political subdivision of the State of California, hereinafter referred to as COUNTY:
WITNESSETH
WHEREAS, CITY desires to procure Traffic Signal Control System software and
hardware and traffic signal controllers (hereinafter referred to as SYSTEM) according to
the payment schedule as described in Attachment A of this AGREEMENT; and
WHEREAS, use of SYSTEM requires that a communication link be established
between a remote location and the CITY'S traffic signals listed in Attachment B
(hereinafter referred to as CITY TRAFFIC SIGNALS); and
WHEREAS, the procurement of traffic signal controllers includes City's traffic
signals listed in Attachment C; and
WHEREAS, on September' 18, 2007, COUNTY executed an amendment with
Systems Analysis & Integration, ,inc. for the expansion of a communication system
(hereinafter referred to as COMMUNICATiONS); and
WHEREAS, COUNTY'S agreement for COMMUNICATIONS includes a provision
for placement at specified CITY TRAFFIC SIGNALS as denoted in Attachment B; and
WHEREAS, COUNTY will provide COMMUNICATIONS at CITY TRAFFI
SIGNALS as denoted in Attachment B at no cost to CITY; and
WHEREAS, SYSTEM and COMMUNICATIONS are hereinafter collective
referred to as PROJECT; and
WHEREAS, PROJECT is located and will be utilized entirely within the
jurisdictional limits of CITY; and
WHEREAS, PROJECT is of general interest to CITY and COUNTY; and
WHEREAS, CITY will administer the procurement of the SYSTEM; and
WHEREAS, COUNTY will administer the design, procurement, and installation of
OMMUNICATIONS for SYSTEM; and
WHEREAS, the COST OF SYSTEM includes the costs of the procurement
administration and the Traffic Signal Control System Software and traffic signal
controllers, hardware, and 3 years of vendor System maintenance and support for
SYSTEM, as more fully set forth herein; and
age 1 of
WHEREAS, the cost of COMMUNICATIONS includes the unit cost for the
design, procurement, and installation of equipment as determined by the County's
executed agreement, with Systems Analysis & Integration, Inc. for
COMMUNICATIONS; and
WHEREAS, the total COST OF PROJECT is currently estimated to be
Eight Hundred Thirty-Two Thousand and 00/100 Dollars ($832,000), with Los Angeles
County Metropolitan Authority (Metro) grant funds of Six Hundred Ninety-Seven
Thousand and 00/100 Dollars ($697,000) and COUNTY matching funds of One
Hundred Thirty-Five Thousand and 00/100 Dollars ($135,000); and
WHEREAS, COUNTY has secured and obtained grant funds from Metro up to a
maximum of Six Hundred Ninety-Seven Thousand and 00/100 Dollars ($697,000) and
will provide matching funds up to a maximum of One Hundred Thirty-Five Thousand
and 00/100 Dollars ($135,000) to finance the COST OF PROJECT; and
WHEREAS, COUNTY is willing to utilize the Metro grant funds and COUNTY
matching funds to reimburse CITY for actual expenditures not to exceed Seven
Hundred Eighty Thousand and 00/100 Dollars ($780,000) toward the COST OF
SYSTEM; and
WHEREAS, PROJECT is consistent with the scope of work for traffic
improvements within CITY pursuant to Memorandums of Understanding Numbers
P0004243 and P000F1321 between COUNTY and Metro; and
WHEREAS, the term JURISDICTION, as referred to in this AGREEMENT, shall
be defined as the area within the jurisdictional boundary of each governmental entity
which is a party to this AGREEMENT; and
WHEREAS, such a proposal is authorized and provided for by the provisions
of Sections 1680-1684 of the California Streets and Highways Code.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by
CITY and COUNTY and of the promises herein contained, it is hereby agreed as
follows:
CITY AGREES:
To perform the procurement administration for SYSTEM
To finance the remaining COST OF SYSTEM that is in excess of COUNTY'S
maximum contribution of Seven Hundred Eighty Thousand and 00/100
Dollars ($780,000).
To prepare the necessary environmental document and make the required
environmental finding : in compliance with the California Environmental
Quality Act;
Page 2 of
If needed, to advertise SYSTEM for software bids, to inform COUNTY of the
content of the bids received, to award the contract after approval by
COUNTY, and to administer the procurement contract;
To furnish COUNTY with information on all contract change orders for
SYSTEM and obtain COUNTY'S prior approval of all such contract change
orders, subject to paragraph (2) c., below;
To administer the installation and construction of SYSTEM in accordance
with all regulations and requirements of Metro relating to the expenditure
of Proposition C Local Return funds and Proposition C twenty-five percent
(25%) Discretionary funds. CITY'S records for SYSTEM shall be open
to inspection and subject to audit and reproduction by the COUNTY and
Metro, or any of their duly authorized representatives, and shall be retained
by the CITY for a period of not less than seven (7) years after final payment
to contractor(s) for SYSTEM.
To ensure that COUNTY and all officers and employees of COUNTY
are named as additional insured parties under the software vendor(s)
Contractor's General Liability and automobile insurance policies.
To furnish COUNTY, within one hundred twenty (120) calendar days after
final acceptance of SYSTEM, a final accounting of the actual total SYSTEM
costs, including an itemization of actual unit costs and actual contract
quantities; and all labor, equipment, material, consultant services, indirect,
and miscellaneous costs; and other administrative and overhead costs
required for CITY'S performance as specified in paragraph (1) a., above.
To submit invoice to COUNTY in the amount of Seven Hundred
Eighty Thousand and ,00/100 Dollars ($780,000) within 30 days of the
adoption of this agreement by COUNTY, subject to paragraph (3) h., below;
and
Upon completion of PROJECT, to accept full and complete ownership
of PROJECT, and responsibility for PROJECT, and to maintain in good
condition and at CITY expense all improvements constructed as part
of PROJECT within CITY'S jurisdiction, including maintaining timing of traffic
signals.
To obtain and grant to COUNTY any necessary temporary right of way with
CITY for installation of COMMUNICATIONS at no cost to COUNTY.
To issue COUNTY a no-fee permit(s) authorizing COUNTY to install
COMMUNICATIONS within CITY highway right of way.
age 3 of
m. To return to COUNTY and portion of such aid which is not thus used pursuant
to California Streets and Highways Code Section 1684 and paragraph 3 (c).,
herein below.
(2) COUNTY AGREES:
a. To secure and obtain Metro grant funds to be used to finance toward COST
OF PROJECT.
To deposit with CITY, following execution of this AGREEMENT and upon
demand by CITY, sufficient COUNTY funds to finance by utilizing Metro
Grant Funds and COUNTY Matching Funds up to a maximum amount of
Seven Hundred Eighty Thousand and 001100 Dollars ($780,000) and subject
to paragraph (3) h., below. Said demand will consist of billing invoices
prepared by CITY. The actual COST OF SYSTEM shall be determined by a
final accounting of SYSTEM.
c. To review bids, the proposed award amount for SYSTEM, and any change
orders for SYSTEM and provide written approval, or other response,
within twenty (20) calendar days of presentation by CITY. COUNTY'S
approval may only be withheld for good reason and in good faith.
If COUNTY'S response is not received within said twenty (20) calendar days,
CITY may proceed with SYSTEM or change orders.
d. To authorize CITY to represent COUNTY in all negotiations pertaining to the
advertisement of SYSTEM for bids, award, and administration of the
contract, and in all thing's necessary and proper to complete SYSTEM.
e. To administer the installation of COMMUNICATIONS in accordance with all
regulations and requirements of Metro relating to the expenditure of
Proposition C Local Return funds and Proposition C Twenty-five Percent
(25%) Discretionary funds and Memorandum of Understanding
Number P0004243 betWeen COUNTY and Metro.
(3 ) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. COUNTY'S contribution shall only pay for those eligible items of work
included in Metro's Bus Speed Improvements Program guidelines.
b. The COST OF PROJECT, as referred to in this AGREEMENT, shall consist
of the costs of procurement administration, and the Traffic Signal Control
Software and system testing, and traffic signal controllers and all other work
and materials necessary to complete PROJECT in accordance with the
approved conceptual plan and shall include currently effective percentages
added to total salaries, wages, and equipment costs to cover overhead,
administration, and depreciation in connection with any or all of the
aforementioned items.
c. The cost of procurement administration, as referred to in this AGREEMENT,
shall consist of the costs of environmental documentation; and all other
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necessary work prior to advertising of PROJECT for construction bids and
shall include currently effective percentages added to total salaries, wages,
and equipment costs to cover overhead, administration, and depreciation in
connection with any and all of the aforementioned items.
The cost of the contract, as referred to in this AGREEMENT, shall consist
of the actual payments to the contractor(s) for SYSTEM.
If COST OF SYSTEM, based upon the final accounting, is less than
COUNTY'S payments, as set forth in paragraph (2) b., above, CITY shall
refund the difference to COUNTY.
During implementation of PROJECT, CITY shall furnish an inspector or other
representative to perform the functions of an inspector. COUNTY may also
furnish, at no cost to CITY, a Consultant or other representative to assist in
the integration of PROJECT. COUNTY shall have no obligation to inspect
PROJECT and no liability shall be attributable as a result of COUNTY'S
inspection or failure to inspect. Said inspectors shall cooperate and consult
with each other, but the orders of CITY inspector to the contractor or any
other person in charge of construction shall prevail and be final, and the CITY
inspector shall be responsible for the proper inspection of PROJECT as
needed.
COUNTY shall not be liable for any costs for PROJECT that does not
conform to the regulations and requirements of Metro, as referred to in
paragraph (1) f., above.
The financial obligations of COUNTY pursuant to this AGREEMENT
are conditional upon COUNTY'S obtaining reimbursement from Metro
pursuant to Memorandum of Understanding Number P0004243 and
P000F1321 between COUNTY and Metro.
This AGREEMENT may be amended or modified only by mutual written
consent of COUNTY and .CITY.
Any correspondence,_ communication, or contact concerning this
AGREEMENT shall be directed to the following:
CITY: Miguel Hernandez
Civil Engineering Associate
City of West Covina
P.O. Box 1440
West Covina, CA 91793
COUNTY: Ms. Gail Farber
Director of Public Works
County of Los Angeles
Department of Public Works
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P.O. Box 1460
Alhambra, CA 91802-1460
Neither COUNTY nor any officer or employee of COUNTY shall be
responsible for any damage or liability occurring by reason of any act or
omission on the part of CITY under or in connection with any work, authority,
or jurisdiction delegated to, assumed by, or determined to be the
responsibility of CITY under this AGREEMENT. It is also understood and
agreed that, pursuant to Government Code, Section 895.4, CITY shall fully
indemnify, defend, and hold COUNTY harmless from any liability imposed for
injury (as defined by Government Code, Section 810.8) occurring by reason
of any act or omission on the part of CITY under or in connection with any
work, authority, or jurisdiction delegated to or determined to be the
responsibility of CITY under this AGREEMENT. Where liability for injury (as
defined by Government Code, Section 810.8) is sought to be imposed under
Section 830, et seq., of the Government Code for a dangerous condition of
property owned by or under the control of CITY, CITY shall fully defend,
indemnify, and hold COUNTY harmless from any and all liability arising from
such dangerous condition.
Neither CITY nor any officer or employee of CITY shall be responsible for any
damage or liability occurring by reason of any act or omission on the part of
COUNTY under or in connection with any work, authority, or jurisdiction
delegated to or determined to be the responsibility of COUNTY under
this AGREEMENT. It is also understood and agreed that, pursuant
to Government Code, Section 895.4, COUNTY shall fully indemnify, defend,
and hold CITY harmless from any liability imposed for injury (as defined
by Government Code, Section 810.8) occurring by reason of any act or
omission on the part of COUNTY under or in connection with any work,
authority, or jurisdiction delegated to or determined to be the responsibility of
COUNTY under this AGREEMENT.
m. It is understood and agreed that the provisions of Assumption of Liability
Agreement No. 32391 between CITY and COUNTY, adopted by the Board
of Supervisors on November 14, 1977, and currently in effect, are
inapplicable to this AGREEMENT.
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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed by their respective officers, duly authorized, by the CITY OF WEST
COVINA on , 2010, and by the COUNTY OF LOS
ANGELES on , 2010.
GAIL FARBER
DIRECTOR OF PUBLIC WORKS
COUNTY OF LOS ANGELES
Deputy Director
APPROVED AS TO FORM:
ANDREA SHERIDAN ORDIN
County Counsel
By
Deputy
CITY OF WEST COVINA
By
Mayor
ATTEST:
By
City Clerk
By
City Attorney
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