Loading...
HomeMy WebLinkAbout11/17/1998Cit COU�Rci'( AGENDA Tuesday, November 17,1998 4:00 p.m. Study Session CC 3 & 5 6:30 p.m. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive DiamondBar, California 91765 Mayor Mayor Pro Tem Council Member Council Member Council Member City Manager City Attorney City Clerk Carol Herrera Wen Chang Eileen Ansari Bob Huff Debby O'Connor Terrence L. Belanger Michael Jenkins Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL RULES (ALSO APPLIES TO COIVWSSION AND COMMM-EE MEETINGS) PUBLIC INPUT The meets of the Diamond Bar City Council are open to the public. A member ofthe public may address the Council an the Subject of we or more agenda items and/or other "ems cf u t vd which aro withm the subject matte jurisdiction ofthe Diamond Bar C Council should be submitted in pity Council. A request to address the awn to the City Ckrk As a general rule the � far � omments will take Place at the discretion of the Chair. However, in Oda to facilitate the meeting, Persons who are interestedlor y requested to give their presentation at the lime the gmn is calico on the calendar. Tle.Chair may limit the public input an any item or the total an cunt of time aUopta fa business of the Camcil. lm� Y based on the mumbo of people requesting to speak and the Individu Positive al business requested to refrain from pe —W attacks towards Council Members or other ciuzeo , Cammmh which are not omblove to a meeting mvirermunt aro vie appreciatedwed as attacks agarol the entire City Council and will not be tolerated Your cooperation is greatly In accordance with Government Code Section 54934.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Cammimae madinW) In accordance with Siete ILw (Brown Act), all matters to be acted stn by the City Council must be pasted at least 72 hours prior to the Council meeting. In case of emergency, or when a Subject matter arises subm9ucat to the pasting ofthe agenda, ad on an item flat is not on the pasted &gawia � �B certain findings the Council may CONDUCT IN THE CPPY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers cry pawn who conunitt the following acts is respect to a regular special meeting of the Diamond Bar City Council. A_ Disorderly behavior toward the Council or any member of the staff DOS course of said meeting 8 upt the due and orderiy B. ssaar breach g peace. boista nus conductor violent disturbamcx, tending to intersmpt the due and fly course of C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain fiam addressing the Board, and D. Any other unlawful intefference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council are Agendas are available electronically and may be aacoes a l omPuter City Clerk gh aand are avulabk 72 hours prior to the meeting. Every meeting ofthe City Council is recorded on cassette nuidem Pas�hcaW afire available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility services are also available ° he me access the public speaking area Sign language by ri�8 notice at least three business days in advance of the meeting Please telephone (909) 860-2489 between 8 cr and S p.m Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules ofthe Council, Cassette Tapes of Matings (909) 860-2489 °MPuter Access to Agendas (909) 860-LI4E General hnfarmstion (909) 860-2489 NOTE: ACTION MAYBE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. 1. 2. 3. Next Resolution No. 98-66 Next Ordinance No. 04(1998) STUDY SESSION: 4:00 P.M. CC -3&5 Strategic Planning CLOSED SESSION: None CALL TO ORDER: 6:30 p.m., November 17, 1998 PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Reverend Ted Meyers, Shepherd of the Hills Lutheran ROLL CALL: Council Members Ansari, O'Connor, Mayor Pro Tem Chang, Mayor Herrera APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: Huff, 3.1 Presentation of Certificates of Recognition to members of "Invasion" ASA Girl's 12U Fast Pitch Travelball National Champions. 3.2 Presentation of Certificates of Recognition to students for "Calendar Contest for Used Oil Recycling." 3.3 Presentation of Certificates of Recognition to members of the Telecommunication Task Force. 3.4 Presentation to the Diamond Bar High School. Key Club proclaiming International Key Club Week. 3.5 Video Presentation of Pantera Park by Mike Nelson, Director of Communications & Marketing. 3.6 Proclaiming November 16, 1998 as "Dutch -American Heritage Day." 3.7 Presentation of City Tile to Congressman Jay Kim. 4. PUBLIC CONVENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an Opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on NOVEMBER 17, 1998 5. 21 PAGE 2 this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Pease complete a peaker's Card and crive it to the City Clerk (completion of this form is voluntary) There is a five minute maximum time limit when addr ssina the City Council SCHEDULE OF FUTURE EVENTS: 5.1 PARKS & RECREATION COMMISSION - November 19, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - November 24, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 THANKSGIVING HOLIDAY - November 26 - 27, 1998 - City Offices will be closed. Will reopen Monday, November 30, 1998 5.4 CITY COUNCIL MEETING - December 1, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 Joint City Council/Redevelopment Agency Meeting of October 22, 1998 - Approve as submitted. 6.1.2 Regular Meeting of November 3, 1998 - Approve as submitted. Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES: 6.2.1. Regular Meeting of September 8, 1998 - Receive & File. 6.2.2 Regular Meeting of September 22, 1998 - Receive & File. 6.2.3 Regular Meeting of October 13, 1998 - Receive & File. Requested by: Planning Division 6.3 VOUCHER REGISTER - Approve Voucher Register dated November 17, 1998 in the amount of $2,176,133.01 Requested by: City Manager NOVEMBER 17, 1998 PAGE 3 6.4 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT TRAIL ACQUISITION AND DEVELOPMENT COMPETITIVE GRANT PROGRAM FOR SYCAMORE CANYON' TRAIL PROJECT - The City is submitting an application for the 1998 L.A. County Regional Park and Open Space District Trails Acquisition and Development Competitive Grant Program for the Sycamore Canyon Trail Project in the amount of $157,000 in order to rehabilitate and enhance the current status of the Sycamore Canyon Trail. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX approving application for grant funds for the Sycamore Canyon Trail Project. Requested by: City Manager 6.5 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT SENIOR CENTERS AND RECREATION FACILITIES COMPETITIVE GRANT PROGRAM FOR THE CITY OF DIAMOND BAR SENIOR CITIZEN CENTER PROJECT - The City is submitting an application for the 1998 L.A. County Regional Park and Open Space District Senior Centers and Recreation Facilities Competitive Grant Program for the Senior Citizen Center Project in the amount of $400,000 in order to design and construct the Senior Citizen Center Project. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX approving application for grant funds for the Senior Citizen Center Project. Requested by: City Manager 6.6 AMENDMENT NO. 3 TO A PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA CONSULTING REGARDING ENVIRONMENTAL SERVICES FOR PROPOSED VTM 52267 (SUNCAL)- BonTerra Consulting has requested an amendment to an existing consulting services agreement in order to be compensated for additional environmental services to complete the environmental analysis of the proposed 130 -unit residential development. Recommended Action: It is recommended that the City Council approve an amendment to the agreement between the City and BonTerra Consulting in the amount of $2,810. Requested by: Planning Division NOVEMBER 17, 1998 PAGE 4 6.7 AUTHORIZATION FOR BUDGET ADJUSTMENT/ADDITIONAL PROFESSIONAL SERVICES FOR THE PLANNING DIVISION - Purchasing Policy and Procedures Guidelines limit the authority of the City Manager to $10,000 for one vendor and $5,000 if funds have not previously been budgeted in the account. The adopted Annual Budget for FY 98-99 approved $247,800 for Salaries and $11,000 for Professional Services. Authorization is requested to transfer $20,000 budgeted for Planning Division Salaries to Planning Division Professional Services to augment the Planning Division through the first half to FY 1998-99. Additional Professional Services are required until all vacant positions are filled. The requested adjustment does not increase/decrease the total adopted budget for the Planning Division. Recommended Action: It is recommended that the City Council authorize the City Manager to transfer $20,000 from Development Services Planning Division Salaries (001-5210-40010) to Development Services Planning Division Professional Services (001-5210-44000). Requested by: Planning Division 7. PUBLIC B'aRTNGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 RESOLUTION NO. 89-971: A RESOLUTION OF THE CITY -COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL - All cities are required to adopt conflict of interest codes designating certain positions participating in making decisions which may affect financial interests. Since adoption of the City's Code on October 3, 1989, amendments have been necessary to add new positions or delete obsolete positions. Recommended Action: It is recommended that the City Council open the Public Hearing, take testimony, close the Public Hearing and adopt Resolution No. 89-97L to add the position of Development Services Assistant to the City's Conflict of Interest Code. Requested by: City Clerk 8. OLD BUSINESS: 8.1 REPORT FROM TELECOMMUNICATIONS TASK FORCE - The Telecommunications Task Force has completed its work. The report recommends adoption of a policy relating to the placement of telecommunications facilities, from land use and aesthetic points of view. NOVEMBER 17, 1998 PAGE 5 Recommended Action: It is recommended that the City Council refer the recommendations of the Telecommunications Task Force to the Planning Commission and request the Commission to prepare a draft Telecommunications Ordinance for Council's consideration and approval. Requested by: Planning Division 8.2 CONTRACT AMENDMENTS: a) DIAMOND BAR BOULEVARD @ MONTEFINO AVENUE AND QUAIL SUMMIT DRIVE TRAFFIC SIGNAL INSTALLATION - On June 16, 1998, Council awarded a contract for the D.B. Blvd. @ Montefino Ave. and Quail Summit Dr. Traffic Signals to Pro Tech Engineering in an amount not to exceed $159,700 with a contingency amount of $16,000 (10% of contract amount). Due to changes in field conditions and the opportunity to enhance pedestrian circulation, it has become necessary to process change orders in excess of the approved contingency amount. The range of the original bids received was $159,700 to $248,300. Pro Tech's low bid of $159,-700 is $44,700 lower than the second lowest bid of $204,400. The total contingency amount requested is $24,000 (15% of contract amount), which is an additional $8,000 to the original approved contingency amount. Recommended Action: It is recommended that the City Council increase the contingency amount from $16,000 to $24,000 for project change orders to be approved by the City Manager. Requested by: Engineering Division b) CONTRACT AMENDMENT FOR THE DIAMOND BAR BOULEVARD @ MONTEFINO AVENUE AND QUAIL SUMMIT DRIVE TRAFFIC SIGNAL INSTALLATION PROFESSIONAL INSPECTION SERVICES - At the June 16, 1998 meeting, Council awarded an inspection services contract to Warren Siecke for Professional Inspection Services for the D.B. Blvd. @ Montefino Ave. and Quail Summit Dr. Traffic Signal Installation Project in an amount not to exceed $15,732 with a contingency amount of $1,600. Mr. Siecke's original proposal included approximately 3 hours of inspection per working day for the anticipated 64 -working day project schedule. Due to conditions encountered in the field, necessary inspection has increased to approximately 7 hours of inspection per working day. In order to provide adequate oversight, NOVEMBER 17, 1998 PAGE 6 inspection and administration of this project, it is requested that the contract amount for these services be increased by $20,500, for a total contract amount of $36,232. Recommended Action: It is recommended that the City Council approve and authorize the Mayor to execute an amendment with Warren Siecke for the Diamond Bar Blvd. @ Montefino Ave. and Quail Summit Dr. Traffic Signal Installation Project, in an amount not to exceed $36,232. Requested by: Engineering Division 9. NEW BUSINESS: 9.1 AUTHORIZATION FOR PURCHASE COMPUTER HARDWARE, SOFTWARE, AND RELATED EQUIPMENT - With the adoption of the City's FY 98-99 Municipal Budget, Council allocated funds for replacement of the City's aging computer equipment. Over the past few months, staff has carried out an extensive information technology effort that has included multiple levels of assessment, analysis and planning. This effort has concluded with a recommendation to procure new, state-of-the-art computer hardware, software, and related equipment that will replace a mixture of outdated hardware and incompatible operating software. Recommended Action: It is recommended that the City Council authorize payment of $156,000 to Dell Computer Corp. for purchase of computer hardware, software, and related equipment; and $1,900 to the State of California for administrative fees with the California Multiple Award Schedule program. Requested by: Communications and Marketing Division RECESS TO REDEVELOPMENT AGENCY: Next Resolution RA 98-10 1. CALL TO ORDER: Chairman Huff ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Huff PUBLIC CONNENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your NOVEMBER 17, 1998 PAGE 7 comments, pursuant to the Browzi Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Agency Secretary (completion of this form is voluntary) There isa five minute Maximum time limit when addressing the Redevelopment Agency, 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of November 3, 1998 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated November 17, 1998 in the amount of $564.00. Requested by: Executive Director 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6• NEW BUSINESS: None 7• AGENCY MEM1BER COMMENTS: Items raised by individual Agency Members are for agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. AGENCY ADJOURNMENT: RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB-COMaTTEE REPORTS: 11. COUNCIL MEMER COMMENTS: Items raised by individual Council Members are for agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURNMENT; VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Si ature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK Q j FROM: DATE: J / ADDRESS: PHONE: ORGANIZATION: �( AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: CITY CLERK ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: 6. DATE: — — 7:FZ PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Alt •c.. Sig ture CITY OF DIAMOND BAR "QUICK CAP" MINUTES - NOVEMBER 17, 1998 STUDY SESSION: RECESSED STUDY SESSION: 1. CLOSED SESSION: 2. 3. CALL TO ORDER: PLEDGE OF ALLEGIANCE: 4:00 P.M. CC -3&5 Strategic Planning 6:19 p.m. None 6:44 p.m. Mayor INVOCATION• Reverend Ted Meyers, Shepherd of the Hills Lutheran ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera. Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Mike Nelson, Communications & Marketing Director; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Manager and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: At the recommendation of staff, Council agreed to continue Items 8.2 A and B to December 1, 1998. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificates of Recognition to members of "Invasion" ASA Girl's 12U Fast Pitch Travelball National Champions. 3.2 Presented Certificates of Recognition to students for "Calendar Contest for Used Oil Recycling." 3.3 Presented Certificates of Recognition to members of the Telecommunication Task Force. 3.4 Presented Proclamation to D.B. High School Key Club proclaiming International Key Club Week. 3.5 Video Presentation of Pantera Park by Mike Nelson, Director of Communications & Marketing. 3.6 Proclaimed November 16, 1998 as "Dutch -American Heritage Day." 3.7 Presentation of City Tile to Congressman Jay Kim - due to Mr. Kim's inability to attend, presentation will be made at a later time. 4. PUBLIC COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: NOVEMBER 17, 1998 PAGE 2 5.1 PARKS & RECREATION COMMISSION - November 19, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - November 24, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 THANKSGIVING HOLIDAY - November 26 - 27, 1998 - City Offices will be closed. Will reopen Monday, November 30, 1998 5.4 CITY COUNCIL MEETING - December 1, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by C/O'Connor, seconded by C/Ansari to approve the Consent Calendar with the exception of Items 6.4 and 6.5. Motion carried 5-0 by Roll Call vote. 6.1 APPROVED MINUTES: 6.1.1 Joint City Council/Redevelopment Agency Meeting of October 22, 1998 - As amended. 6.1.2 Regular Meeting of November 3, 1998 - As submitted. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of September 8, 1998. 6.2.2 Regular Meeting of September 22, 1998. 6.2.3 Regular Meeting of October 13, 1998. 6.3 APPROVED VOUCHER REGISTER - dated November 17, 1998 in the amount of $2,176,133.01 6.6 APPROVED AMENDMENT NO. 3 TO A PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA CONSULTING REGARDING ENVIRONMENTAL SERVICES FOR PROPOSED VTM 52267 (SUNCAL)- in the amount of $2,810. 6.7 AUTHORIZED BUDGET ADJUSTMENT/ADDITIONAL PROFESSIONAL SERVICES FOR THE PLANNING DIVISION - authorized the City Manager to transfer $20,000 from Development Services Planning Division Salaries (001-5210-40010) to Development Services Planning Division Professional Services (001-5210-44000). MATTERS WITHDRANN FROM CONSENT CALENDAR: 6.4 RESOLUTION NO. 98-66: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT TRAIL ACQUISITION AND DEVELOPMENT COMPETITIVE GRANT PROGRAM FOR SYCAMORE CANYON TRAIL PROJECT - Following discussion, moved by C/O'Connor, seconded by C/Huff to adopt Resolution No. 98-66. Motion carried 5-0 by Roll Call vote. NOVEMBER 17, 1998 PAGE 3 6.5 RESOLUTION NO. 98-67: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT SENIOR CENTERS AND RECREATION FACILITIES COMPETITIVE GRANT PROGRAM FOR THE CITY OF DIAMOND BAR SENIOR CITIZEN CENTER PROJECT - Following discussion, moved by C/O'Connor, seconded by C/Huff to adopt Resolution No.98-67. Motion carried 5-0 by Roll Call vote. 7. PUBLIC HEARINGS: 7.1 RESOLUTION NO. 89-97L: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL M/Herrera declared the Public Hearing open. There being no testimony offered, M/Herrera closed the Public Hearing. Moved by MPT/Chang, seconded by C/Huff to adopt Resolution No. 89-97L to add the position of Development Services Assistant to the City's Conflict of Interest Code. Motion carried 5-0 by Roll Call vote. 8. OLD BUSINESS: 8.1 REPORT FROM TELECOMMUNICATIONS TASK FORCE - Moved by MPT/Chang, seconded by C/Huff to forward the Telecommunications Task Force Report to the Planning Commission for preparation of a Draft Telecommunications Ordinance for Council consideration. 8.2 CONTRACT AMENDMENTS - Continued to December 1, 1998. a) DIAMOND BAR BOULEVARD @ MONTEFINO AVENUE AND QUAIL SUMMIT DRIVE TRAFFIC SIGNAL INSTALLATION - On June 16, 1998, Council awarded a contract for the D.B. Blvd. @ Montefino Ave. and Quail Summit Dr. Traffic Signals to Pro Tech Engineering in an amount not to exceed $159,700 with a contingency amount of $16,000 (10% of contract amount). Due to changes in field conditions and the opportunity to enhance pedestrian circulation, it has become necessary to process change orders in excess of the approved contingency amount. The range of the original bids received was $159,700 to $248,300. Pro Tech's low bid of $159,700 is $44,700 lower than the second lowest bid of $204,400. The total contingency amount requested is $24,000 (150 of contract amount), which is an additional $8,000 to the NOVEMBER 17, 1998 PAGE 4 original approved contingency amount. Recommended Action: It is recommended that the City Council increase the contingency amount from $16,000 to $24,000 for project change orders to be approved by the City Manager. Requested by: Engineering Division b) CONTRACT AMENDMENT FOR THE DIAMOND BAR BOULEVARD @ MONTEFINO AVENUE AND QUAIL SUMMIT DRIVE TRAFFIC SIGNAL INSTALLATION PROFESSIONAL INSPECTION SERVICES - At the June 16, 1998 meeting, Council awarded an inspection services contract to Warren Siecke for Professional Inspection Services for the D.B. Blvd. @ Montefino Ave. and Quail Summit Dr. Traffic Signal Installation Project in an amount not to exceed $15,732 with a contingency amount of $1,600. Mr. Siecke's original proposal included approximately 3 hours of inspection per working day for the anticipated 64 -working day project schedule. Due to conditions encountered in the field, necessary inspection has increased to approximately 7 hours of inspection per working day. In order to provide adequate oversight, inspection and administration of this project, it is requested that the contract amount for these services be increased by $20,500, for a total contract amount of $36,232. Recommended Action: It is recommended that the City Council approve and authorize the Mayor to execute an amendment with Warren Siecke for the Diamond Bar Blvd. @ Montefino Ave. and Quail Summit Dr. Traffic Signal Installation Project, in an amount not to exceed $36,232. Requested by: Engineering Division 9. NEW BUSINESS: 9.1 AUTHORIZATION TO PURCHASE COMPUTER HARDWARE, SOFTWARE, AND RELATED EQUIPMENT - With the adoption of the City's FY 98-99 Municipal Budget, Council allocated funds for replacement of the City's aging computer equipment. Over the past few months, staff has carried out an extensive information technology effort that has included multiple levels of assessment, analysis and planning. This effort has concluded with a recommendation to procure new, state-of-the-art computer hardware, software, and related equipment that will replace a mixture of outdated hardware and incompatible operating software. NOVEMBER 17, 1998 PAGE 5 Moved by C/Ansari, seconded by MPT/Chang to authorize payment of $156,000 to Dell Computer Corp. for purchase of computer hardware, software, and related equipment; and $1,900 to the State of California for administrative fees with the California Multiple Award Schedule program. Motion carried 5-0 by Roll Call vote. RECESS TO REDEVELOPMENT AGENCY: 8:11 P.M. 1. CALL TO ORDER: Chairman Huff ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Huff Also present were: Terrence L. Belanger, Executive Director; Michael Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Mike Nelson, Communications & Marketing Director; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Manager and Lynda Burgess, Agency Secretary. PUBLIC COMMENTS: None 3. CONSENT CALENDAR: Moved by AM/Herrera, seconded by VC/Ansari to approve. Motion carried 5-0 by Roll Call vote. 3.1 APPROVED MINUTES - Regular Meeting of November 3, 1998 - As submitted. 3.2 APPROVED VOUCHER REGISTER - dated November 17, 1998 in the amount of $564.00. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEN BUSINESS: None 7. AGENCY MEMBER COMMENTS: AGENCY ADJOURNMENT: 8:18 P.M. RECONVENE CITY COUNCIL MEETING: 8:18 P.M. 10. COUNCIL SUB -CO ITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: 12. ADJOUR24MENT: There being no further business to conduct, M/Herrera adjourned the meeting at 8:39 p.m. Carol Herrera Mayor Wen Chang Mayor Pro Tem Eileen R. Ansari Council Member Robert S. Huff Council Member Deborah H. O'Connor Council Member Receded pap,, City of Diamond Bar _ 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 917654177 (909) 860-2489 • Fax (909) 861-3117 Intemet: http://www.dAarnond-bar.ca.us • City Online (BBS): (909) BW5463 STRATEGIC FINANCIAL PLANNING TUESDAY, NOVEMBER 17, 1998 . 4:00 P.M. AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. WHY STRATEGIC PLANNING? 4. COMMUNITY GOALS AND OBJECTIVES A. GENERAL PLAN B. ECONOMIC REVITALIZATION AREA PLAN C. PARKS AND FACILITIES MASTER PLAN D. ECONOMIC DEVELOPMENT PLAN E. OTHER PLANS 5. THE MISSIONS) OF THE CITY 6. ALTERNATIVE ORGANIZATIONAL FUTURES 7. FINANCIAL STRATEGIC PLANNING 8. IMPLEMENTATION A. SHORT TERM B. LONG TERM 9. ADJOURNMENT b ' 17 What is Strategic Planning: Strategic planning is a systematic way to manage, change and zreate the best possible future. It is a creative process for identifying and acccmplishing the most important actions in view of strengths and weaknesses, threats and opportunities. Implementation is the key to strategic planning, as opposed to long-range planning and goal setting. Strategic planning focuses on the allocation of scarce resources to critical issues. Development of the plan sets the stage for the crucial implementation phase. Financial Steps in Strategic Planning: 1. Scan the Environment 2. Select Key Issues 3. Set Mission Statements or Broad Goals 4. External and Internal Analyses 5. Develop Goals, Objectives and Strategies 6. Develop Implementation Plan 7. Monitor, Update and Scan Steps in Strategic Planning: 1. Scan the Environment. Identify key factors and trends important for the future. Determine how external forces will influence events. 2. Select Key Issues. On the basis of the scan, choose a few issues whose successful resolution is critical. 3. Set Mission Statements or Broad Goals. Establish the direction for the strategy development process by setting general goals. 4. External and Internal'Analyses. Look in deptn at outside forces affecting achievement of the goals. Identify strengths and weaknesses, along with availability of resources. 5. Develop Goals, Objectives and Strategies. Based on the external and internal analyses, decide what can be achieved with respect to each issue and how it will be achieved. 6. Develop Implementation Plan. Be specific about timetables, resources and responsibilities for carrying out strategic actions. Monitor, Update and Scan. Ensure that strategies are carried out. Adjust thein as necessary in a changing environment. Be prepared to update the plan when major charges occur in the environment. Strategic Planning Characteristics: • concentrates on selected issues • considers resource availability • assesses strengths and weaknesses • considers major events and changes outside the organization • action -oriented, emphasis on practical results Strategic Planning Characteristics: • It is a focused process that concentrates on seiacted issues. • it explicitly considers resource availability. • It assesses strengths and weaknesses. • It considers major events and changes occurring outside the organization or jurisdiction. • It is action -oriented, with a strong emphasis on practical results. ECONOMIC DEVELOPMENT. ;TJ COMMUNITY BASELINE DOCUMENTATION Demographic Profile - Local Economic .Base - Subregional Economic Setting - Land Use Analysis - Infrastructure Evaluation - Forecasts and Projections - Synthesis of Opportunities and Needs REVIEW OF LOCAL E.D. ACTIVITIES - Public Sector - Private Sector PRELIMINARY E.D. GOAL SETTING GOAL REFINEMENT and PRIORITIZATION ESTABLISHING Targeting PREPARA OBJECTIVES STRATEGIES Sector A sector d Sector C Deveioament Plan knplen ontatiorj r-rvyram Program Monitoring And Evaluation ECONOMIC DEVELOPMENT IMPROVED CITY SERVICES REVENUE IMPROVED QUALITY OF LIFE Strategic Planning Model Needs/Environirental Scan Evakiialion and Feedback Mission I What business are we in? Strategic Goals Focus, thrusts Strategic Objectives Realistic, achievable, measurable results for this year Action Plans What, who, how, when? Implementation ' Doing it DEFINITIONS Strategic Objectives—Specific targets an organization Mission—One or two sentence statement describing must achieve to succeed in Its mission. the long-term or fundamental context out of which Action Plan—An organization's documented plan for our organization operates; why we as an organization proceeding to accomplish its stated goals and objec- exist. tives, including the strategy to be used, critical suc- Strategic Goals—Generalized ends or aims an organi- cess factors, and the resources required. zation is attempted to achieve, but which cannot ever be actually reached. © 1990 Dannemiller Tyson Associates, Inc. CITY OF DIAMOND BAR FINANCIAL MANAGEMENT GOALS AND POLICIES The Financial Management Goals and Policies for the City of Diamond Bar provide the framework and direction for financial planning and decision making by the City Council, Budget Committee, and City staff. They are designed to ensure the financial integrity of the City government and -to provide a service delivery system that addresses the needs and desires of citizens. Financial management policies are proposed to be adopted in April, 1990. Prudent management of Diamond Bar's financial resources will allow for the continued ability to provide municipal services both in terms of operating services and infrastructure maintenance and enhancement. The management of municipal resources is complex. Competent financial management is needed to make effective and efficient use of City resources. An important step toward assuring that financial management is both consistent and rational is through the adoption of financial management goals and policies. The following goals and policies for the City of Diamond Bar are intended to guide the City in its financial matters. The goals are broad statements of philosophy and the basic guiding parameters for financial management of the City of Diamond Bar. The policies provide more specific direction on how to achieve the goals and are the basis for consistent actions that move the community toward sound financial management decisions. I. City of Diamond Bar Financial Management Goals A. To establish a financial base sufficient to maintain or enhance City assets required to support community service demand and to provide for quality basic City services. B. To respond to changes in the needs, desires, and service requirements of Diamond Bar. C. To follow prudent and professional financial management practices to assure residents of Diamond Bar and the financial community that our City government is well- managed and in sound fiscal condition. D. To cooperate with other government entities to provide cost-efficient services to citizens. E. To have an adequate capital improvement program that maintains and enhances the public's assets. II. City of Diamond Bar Financial Management Policies A. Resource Planning and Allocation Policies 1. Policy. Revenues, operating and capital expenditures, and debt service will be projected each year for the following six years. 1 Future costs and revenues will be projected annually on an aggregated basis for six years beyond the current budget year. Based on assumed circumstances, including various economic and inflationary factors, the forecast will attempt to portray whether community plans can be supported over the designated planning period. One of the most essential attributes of these projections is the capability to project whether a new program or project.can be supported over the long-term. 2. Policy. The City budget will support City Council goals and policies and the long-range plans and needs of the community. Budget allocations are based on what was done the year before and incremental changes that are required. They should take into consideration whether demand exists for maintaining the past year's service allocation. Funding may need to be raised or lowered for various programs based on changed circumstances. The City Council has legal authority and responsibility for the adoption of City goals and policies. The City organization is committed to carrying out council goals and policies through the service delivery system funded in the operating and Capital Budgets. 3. Policy. The Operation and Capital Budgets will be prepared by the City Manager and reviewed by the Budget Committee consistent of the following municipal service priorities: a. Service Level 1. Preserve the public safety system, which includes the police (sheriff) contract and L.A. County Fire. b. service Level Zacilitate economic diversification to preserve the City's revenue base and assure community employment. C. Service Level 3. Maintain and replace the City's existing fixed assets, which include equipment, infrastructure and facilities. When required for the preservation of health, safety or quality of life in the community, develop or enhance the fixed asset inventory. d. Service Level 4. Maintain and enhance the administrative support systems in order to provide efficient and effective support to the City service system. e. Service Level 5. Address the balance of municipal services as resources allow, which primarily include cultural and leisure services. Municipal services are those operating and capital services required to maintain or enhance the health, safety or quality of life of the community and to ensure the long-term survival of the 2 City organization. Municipal services are established in a variety of ways including: 1) input from the general community, neighborhood groups, and boards and commissions; and 2) adopted City Council policy and implementation document such as the Capital Improvement Program, General Plan, and Strategies Plan. The City Council has suggested priority list for both the maintenance and enhancement of municipal services. 4. Policy. The relationship between the Operating and Capital Budgets will be explicitly recognised and incorporated into the budget process. Funding for the Operating and Capital Budgets shall be sufficient to provide municipal operating services and maintenance or enhancement of fixed assets needed to support public demand for City services. There is a direct relationship between the Operating Budget and the Capital Budget that must be recognized and considered in the review of the fiscal year budget and long-range financial and operating plans. The Operating Budget should be adequately funded to provide municipal services through an appropriate mix of personnel, supplies and materials, and equipment. The Capital Budget should provide for the timely replacement and investment in fixed assets to meet the requirements of the community. Thus, fixed assets are operated by funding in the operating Budget and they are replaced, created or acquired through funding in the Capital Budget. B. Accounting and Financial Practices Policies 1. Policy. The City will maintain an accounting and financial reporting system that conforms with Generally Accepted Accounting Principles and State Law, and will issue a Comprehensive Annual Financial Report (Audit Report). The City established and maintains an accounting system that conforms to Generally Accepted Accounting Principles and standards of the Governmental Accounting Standards Board. Various Federal, State, and local statues also govern financial practices and reporting. These standards are intended to assure that City funds are appropriately accounted for and reported on. The financial systems also provide information for reports as required by the City Council. 2. Policy. Each fund will maintain adequate cash reserves, borrow internally from another City fund, or as a last resort, borrow externally to provide for cash flow requirements. All funds require a minimum level of cash to fund operating and/or capital expenditures. The City prefers, in priority order, to have: 1) a beginning cash balance; 2) borrow at the margin from 3 another City fund; 3) secure external financing at the margin. With external financing there are two costs: 1) the foregone cost on the return on investment of the cash balance; and 2) the explicit cost of financing or borrowing. Excessive use of external financing is a negative signal to the financial community that may be translated into a lack of confidence in the City's financial position. Lack of confidence by the financial community may result in a lower bond rating and higher interest on long-term financial instruments. Continual use of external financing in increasingly larger amounts to meet the cash flow requirements will eventually jeopardize the stability of the city organization. however, borrowing at the margin may be viewed as financially prudent, depending on financial market conditions. 3. Policy. The City will not normally earmark specific revenues for specific public purposes in general services funds such as the General Pund. Earmarking or dedication of revenues can be a major deterrent to making best use of available resources as service requirements change. It may force the City to spend money n an area of lesser need, or no need, or to lose that source of revenue. During a time of scarce public resources, it is important to leave as many resources as possible non -dedicated and to reserve those resources "for the areas of greatest need. 4. Policy. The City will develop and fund replacement accounts for the city,s fixed assets. Sound management practice requires that fixed assets be replace .periodically based on such criteria as age, technology, obsolescence, usage, cost/benefit of maintenance versus replacements; etc. To ensure replacement of fixed assets, it is necessary to have a fixed asset replacement funding program. Thus, during the life of a fixed asset, an amount should be set aside sufficient to enhance or replace the fixed asset at the end of its useful life. 5. Policv. Whenever feasible, government activities will be considered enterprises if so doing will increase efficiency of service delivery or recover the cost of providing the service from the benefiting entity by a user fee or charge. The City should endeavor to recover the full cost of providing enterprise services. This should occur because it provides an equitable methods of distributing the public cost. Different users use different amounts of a given service and ought to pay the requisite costs. Further, if enterprise services are subsidized, 4 a substantial amount of the general tax dollar is directed toward users' choice services and unavailable for other services that can be supported only through other revenue sources. Each enterprise fund should maintain revenues that support the total operating costs, including depreciation, indirect costs, and debt service on capital improvements of the enterprise. 6. Po The City Will manage its funds as independent entities in accordance with legal, administrative, or Generally Accepted Accounting Principles and will ensure that one fund does not subsidise another fund. The City's financial structure is composed of various funds; that is, self -balancing sets of accounts. Each fund is established as a result of statutory or administrative requirement. From a private sector perspective, each fund can be considered a wholly- owned subsidiary of the City. Thus, each fund can be considered a separate independent business, which must support all of the direct and indirect costs of operating services or capital maintenance and enhancement. Co -mingling of funds is generally prohibited by statue, administrative policy, or Generally Accepted inconsistent financial management as a result of the differing financial status of each fund. The General Fund supports the majority of the City's operations including all central support services to Non -General Funds. Thus, as part of the City's effort to prevent the subsidization of other funds by the General Fund, each non -General Fund fund is evaluated as to its receipt of General Fund services and its ability to reimburse the General Fund through .a central services allocation charge. 7. Policy. Each fund, as appropriate, will maintain a contingency account to meet unanticipated requirements during the budget year. The budget is prepared 3 to 6 months prior to actual implementation. With the complexity of the City organization and the dynamic environment in which the City provides services, it is not always possible to anticipate every expenditure requirement during the budget year. Therefore, contingency funds are established to meet emergency requirements necessary to maintain the approved service deliver system or to meet unexpected requirements identified by the City Council. Amounts budgeted in contingency depend on the size of the fund and its expenditure characteristics. 1. Policy. To maintain the City's physical assets, a current inventory of all of the City's physical assets and their condition and maintenance costs will be maintained. 5 As a sound basis for capital improvements planning, inventory lists of physical assets should be maintained. The inventory lists should reflect the reasonable life of all assets, costs, and replacement costs if appropriate. Assets include buildings and public improvements. Using the inventory lists, annual budgets can then provide for adequate maintenance and replacement reserves for the City's physical assets. 2. Policy. Operating funds to maintain capital improvements and additional staff needs will be, estimated and identified prior to making the decision to undertake capital improvements. Projecting the maintenance cost of capital improvements allows better knowledge as to whether a capital improvement can be afforded in the long run. In certain cases, the capital improvement may be a way to reduce operating expenses. 3. Policy. The City will plan for capital improvements over a multi-year period of time. The Capital Improvements Program will directly relate to the long-range plans and policies of the City. A comprehensive Capital Improvements Program, which reflects council -adopted policy documents, its a vital part of the City's effort to maintain and enhance the infrastructure. it also contributes to City employees' productivity and their ability to meet community needs. Multi-year revenue and operating plans assure that capital improvements and their replacement reserves are given adequate priority. strong consideration should be given to the maintenance of existing infrastructure at necessary levels. E. Intergovernmental Revenue Assistance Policies 1. Policy. The City will use non-recurring revenue on time-limited services, capital projects, equipment requirements, or services that can be terminated without significant disruption to the community or City government. Many cities use Federal dollars to finance essential services such as police and fire. This develops an ongoing reliance on a source of revenue that may not continue in the future. Thus, revenue from grants should not be used to increase programs or staffing levels as the City may not be in the financial situation to support the activity or staff if the revenue ceases to exist. As an alternative, grants should be used to fund capital projects or expenditures that can be rapidly halted without severe disruption to the community of City organization if assistance is no longer present. Any staffing needs associated with grants should be addressed by contracting for services. 6 2. Po is . The City will project the receipt of intergovernmental revenues only during the period Of time in which an authorization exists. Combined with multi-year resource allocation planning, projecting inter -governmental revenues only for the period of time in -which an entitlement is authorized, allows the City to exercise. conservative financial strategy options. Such projections allow the City to plan for the possibility of the loss of certain grant revenues and, therefore, preclude or ameliorate major disruptions to the service delivery system. F. Debt and Investment Management Policies 1. Policy. The City will seek to maintain and if possible improve its current bond rating so its borrowing costs are minimised and its access to credit is preserved. The City will follow a policy of full disclosure. Significant financial reports affecting or commenting on the City will be forwarded to the rating agency. Sound financial management practices support the maintenance of the City's current bond rating. 2. Policy. The City will have a specific set of debt issuance guidelines consistent with Federal, State, and local laws and policies. The debt guidelines will recognize how much debt the City can support, not only based on City debt, but other local issue debt as well. Debt should not be used for short-term borrowing for the provision of routine operations unless the borrowing costs are less than the rate of invested funds and only for cash flow purposes. Debt should never be issued for a period longer than the estimated useful life of an improvement, or if cash flow needs so indicate. 3. Policy. When making investments, the city will follow State law and local investment guidelines, and shall abide by the following criteria in priority order: a. Preservation of capital b. Maintenance of a liquid position C. Maximum yield As a municipality, the City cannot make investments for the purpose of trading or speculation, such as anticipating an appreciation of capital value through changes in market interest rates. To guide investment decisions, the City will maintain a written investment policy. 7 G. Organizational policies 1. Poi The City Manager will review the organisational structure at frequent intervals to assure that it is responsive to current conditions and service duplication. Organizations as complex as the City must continually examine their structure to ensure maximum efficiency and to respond to changes in its operating environment. Areas of duplication should be eliminated. 2. Policv. The City will provide adequate funding to stabilize the City employment force and minimise uncertainty about the continuity of the service delivery system. The City has a talented and dedicated staff who provide the municipal services required by the community. To minimize employee turnover and the costly impact on the service delivery system, it is important that the City provide City employees with adequate compensation, training, and an appropriate working environment. And, it is critical that the City commit to its employees to maintain the employment force at the staffing level necessary to provide City services. 3. Po_ lice. Employee compensation will be comparable to public and private sector compensation paid in the relevant recruiting area. The City of Diamond Bar recognizes its responsibility to provide the best possible service delivery system to the community by hiring and retaining qualified staff. State law and the Eugene Code require the City to pay employees at comparable rates. 4. - Policv. The city will match job classifications and number of employees to the service delivery system and will communicate service and staff adjustments to the public and parties affected by changes. For the City to properly support the service delivery system, it is necessary to have adequate and appropriate levels and types of .staffing. With changes to the staffing level, there should be a commensurate change in the level of services provided. And, changes in the amount or type of service provided will necessitate changes in staffing. Changes to the staffing or service level should be communicated to the public and those directly affected by the changes. S. Policv. The City will be committed to maintaining and improving productivity of staff through a proper working environment, appropriate equipment, necessary training, and adequate supplies and materials. 8 The city is a large and complex organization that continually examines and evaluates the way that it conducts business. Like private sector corporations, there is a constant effort to maximize productivity in order to improve effectiveness and efficiency. Productivity is a function of three elements: a) quality of management and staff; b) quality of fixed assets; and c) age of fixed assets. Each of these criteria require constant review and upgrading. Given that a substantial portion of the Operating Budget is devoted to staff expenditures, and given that employees are the City's most valuable resource, it is imperative that when financially feasible, staff be provided with the resources necessary to achieve desired productivity standards. Many new products are continually entering the market that have the potential to increase service levels while maintaining or cutting costs. These products are available in data processing, word processing, communications, and so forth. By acquiring modern technology, the City can ensure that work is being performed using current technology and maximum efficiency. H. Other Policies 1. Policy. The City will routinely evaluate its service delivery system, according to established efficiency and effectiveness criteria, to determine whether a service should be provided by the City of by agreement with a private contractor. A wide variety of services are performed for the public and to support the City organization. Some of these services are also provided by the private sector. An issue is which services should be provided directly by the City and which should be contracted to the private sector. The decision of whether to perform the service in-house or by contract involves evaluation or costs, quality of service, continuity of service, response time, conformance to regulatory or other procedural requirements, and a variety of other considerations. The City routinely evaluates its service delivery system and tests the market to determine whether it is more appropriate for the City to provide the service or whether to contract out for the delivery of the service. 2. Policy. The City will evaluate its use of intergovernmental service contracts to preclude unwarranted duplication of services in overlapping jurisdictions and to assure an effective and efficient service delivery system to the community. The City has intergovernmental contracts with adjacent government jurisdictions that include: purchase of services; mutual aid; joint ventures; and other agreements when it is more appropriate 9 and/or cost-effective to deliver the service on a joint -venture basis. Intergovernmental agreements are continually evaluated as to their ability to provide services to the community or the City organization on an effective and efficient basis and to minimize the duplication of services. 3. Policy. The City will comply with mandatory Federal, State, and local laws and rules and when appropriate will comply with industry and professional requirements or standards. Certain services and procedures performed by the City are prescribed by Federal, State or local law or by industry and professional standards. Generally Accepted Accounting Principles are one example of professional standards that are used in governmental accounting and financial reporting. In preparing and implementing the Operating and Capital Budgets, these mandatory requirements must be funded and provided regardless of the financial condition of the respective fund. Thus, certain mandatory services may be funded prior to the funding of discretionary services desired by the community. 4. Policy. Related entities, established or sanctioned by the City Council, will comply with the Diamond Har Code and City Council -adopted policies and procedures and will be accountable for operational and financial compliance and reporting standards as established by the council or its designee. The City, through City Council action, has established or sanctioned related entities that directly impact the City's operations and that can impose a financial liability on the City. Related entities are those in which there is: A. Financial interdependence. B. Authority to select the governing board. C. Authority to select and designate management. D. Authority to significantly influence the operations. E. Accountability for fiscal affairs. If there is an operational impact or a potential financial liability for the City, a related entity shall operate under the same policies and procedures as the City and shall be accountable to the City Council in terms of legal, administrative and financial affairs. 10 Ten Commandments of Working Together: What a City Council Member Must -Remember Richard Vinroot Although I'm not sure one of eleven council members in Charlotte, North Carolina, has any business telling his own peers how they and their city manager should "work together," much less be presumptuous enough to tell others in different cities and states throughout the country how to do so, I've been asked to try. I quickly concede that how one chooses to work with others in any group is largely a matter of style and personality. Thus, what I believe is the "right way" to proceed in this subjective and delicate arena should be carefully considered and tailored to fit the individual reader's style and unique situation before being accepted as "gospel." With that admonition aside, like Moses, I offer "ten commandments": The First Commandment: Cover the Ground Rules at the Beginning. It has been my experience that people are not born with the knowledge, understanding or even good judgment about how to conduct themselves properly as part of a group, whether it be a city council trying to govern a city or a board of directors trying to run a private entity. Accordingly, it makes good sense for such a group to spend a fair amount of time at the beginning of their relationship discussing their respective roles and how they expect to go about their work. In that way, misunderstandings and some of the pain of bad experience may be mitigated, if not avoided. At a minimum, every new council should meet a time or two to become oriented not only about such matters as the city's budget and the services it delivers but also about the functions of the "manager" and the "council" in the "council-manager" system (or the "mayor" and the "council" in a "strong mayor" system), the makeup of the manager's staff and who reports to whom, and the rules and procedures established by prior councils. In addition, even after the new council takes office and begins to govern, there is value in conducting periodic review sessions in which the "mechan- ics" and "style" by which the new council is going about its business are discussed further. The Second Commandment: Honor the Demarcation between Policy and Administra- tion. I suspect that the most common failing of all council-manager groups (and likely the cause of most discord), is the tendency of the group (or individuals therein) to go beyond the limits of their respective roles. Fundamentally, the council should set policy, and the manager should see that it is carried out. To the extent that the manager invades the former, or the council the latter, all manner of problems can arise. Governments with a large measure of either will risk exchang- ing a politically directed but professionally administered system for one that is political at both ends with little in between to protect against abuse. This is particularly true when a manager becomes "political" in making policy choices without consulting the council or when an individual council member injects his or her political input and clout into the delivery of individual services or upon the 30 Partnerships in Local Governance employment decisions necessary to provide those services. The Third Commandment: Follow the Chain of Command. A corollary to the commandment that the line between policy and administration be honored is that the chain of command be followed. This applies not only to the relationship between the council (or individual council members) and the city manager's staff but also between council members themselves. Thus, before an individual council member calls upon the manager's staff to take certain action, that action should be the council's policy not simply one member's interpretation. Similarly, when calling upon the manager's staff to act, make that request in the proper place—the manager's office—not to the police chief, or whoever may be involved. Otherwise, it is entirely possible that the government will be operated and administered through and at the whim of individual council members without regard to whether those whims reflect the council's policies, rather than through the city manager, whose specific responsibility is to carry out the entire council's policies. In short, follow the chain of command: direct your questions and requests for action to the manager or his designate and expect him to respond consistent with and subject to established council policy. The Fourth Commandment: Give the Manager Freedom to Be Creative, and to Fail. When governments go awry, I suspect that a fair share of blame can usually be attributed to the hackneyed (but no less valid) claim that "there were too many'yes men' involved"1 1 believe that to be true of "Watergate" and the more recent "Iran - Contra" scandal in our federal government, to cite but two calamitous examples. Stated otherwise, if governments are to avoid such scandals, or more routinely, if they are to perform correctly and creatively, then those in positions of responsibility must have the freedom to express their feelings, even at the expense of taking issue with their superiors—saying no—and occasionally being judged wrong. This principle applies to city managers in their relationships with city councils and to city employees in their relationships with managers. If the manager is not given the opportunity to advocate positions he believes are correct to a council bent in a different direction and if he and his staff are not encouraged to be open and candid in expressing their judgment and recommendations to that council, creativ- ity and good policy may likewise be threatened in a local government filled with "too many yes men." The Fifth Commandment: Develop Relationships That Will Endure. This is easier said than done but is perhaps the most important commandment of all. The key to any successful venture is the quality of the "relationship" that binds the partici- pants. This is particularly true of endeavors that involve stress and have the kinds of "ups and downs" that are inherent in all local government. This means that council members and managers should become friends and develop tolerant and understanding relationships that permit them to disagree respectfully without Personalizing those differences. If so, they will be better able to engage in the kind of free -wheeling, trusting, and truth -provoking dialogue that is the foundation of peaceful democracy, and if not, factions, personality clashes, partisanship, and other debilitating forces are far more likely to prevail. The Sixth Commandment: Attack the Message, Not the Messenger. While raising our children, my wife and I have tried to remember to criticize their "behavior" when 'The choice of "men- and the masculine pronoun throughout this paper is for convenience and illustration only. In Charlotte, the Mayor and a majority of our council members are female, thus I'm quite aware of and support the fact that women are very much involved in mayoral, council and manager positions of local government, not just men. Partnerships in Local Governance it was inappropriate, not them personally. We have tried to say, "we love you, but not your conduct." That same simple rule should be applied in relationships between council members as well as between council and city manager, for essentially the same reasons. When there is disagreement about the appropriate solution to a difficult and controversial public concern, it is far better to criticize the arguments of the parties on the opposite side of the political fence—on .their merits—rather than to attack those parties for being over there in the first place. Enough said. ' The Seventh Commandment: Avoid "Bombshell" Language. This is somewhat akin to attacking the message, not the messenger. There are ways to say things and ways not to. The difference is in the language chosen to make the point. Although the media certainly thrives on hyperbole and words that carry shock value for headline purposes, use of such language in council and council-manager discussions can have a negative effect. Not only do those words often hurt (e.g., "You're advocating a racist policy!"), but they have a way of escalating into "wars of words" in a manner not dissimilar to the irrational "my dad can beat up yours" kinds of arguments small children sometimes engage in. Adults can and should do better, and using the "language of diplomacy" (e.g., "You are advocating a policy that may discriminate against blacks,") is a good place to start. The Eighth Commandment: Be Fair. This is so obvious it probably deserves little, if any, commentary. Basically, "what goes around comes around," and if a council member is given to taking unfair advantage of situations, to win a vote, or whatever is at stake, he can expect to be treated in kind sometime, somewhere in the future. Accordingly, the best policy is to argue and act fairly and above board on every occasion and at all times. In terms of "working together" and promoting good group dynamics nothing will count more. The Ninth Commandment: Be Discreet. Everything that is involved in the business of good government need not be aired publicly. As alien as that may sound at a time when- "sunshine" and "open meetings" laws are being enacted and other necessary steps are being taken to ensure that the public's business is conducted in their presence; some discretion in doing so is nevertheless required. One such example is the matter of criticizing poor performance or inappropriate behavior by the manager, a member of his staff, or even another council member. Such criticism should first be aired privately; just as such "personnel matters" would be handled in any employment situation, in order to permit the party charged to express his position and openly discuss the steps to be taken to correct the situation without risking that employee's loss of integrity, reputation, etc. Although in a real sense, the city manager is a "public" figure, he is nonetheless an employee of the council and entitled to the same concern for his integrity and reputation as any other employee. Moreover, as an employee of the council, the manager will—and should—be extremely reluctant to defend himself too vigorously in any public confrontation with the council with regard to his or his staff's performance. To expect him to do so in an open forum in which the council may make allegations without restriction while he is limited in response is simply not a "fair fight." Accordingly, I recommend that such matters be handled discreetly at the outset and only brought into the public arena when absolutely necessary. I would apply the same rule to personal criticisms of individual council `members in most instances. Although the council members are "public" people and employed only by those who elected them, they are also entitled to concern for their integrity and reputation. 32 Partnerships in Local Governance The Tenth Commandment: Don't Take Yourself Too Seriously. For whatever reason, the government you now serve probably operated successfully for a considerable period of time before you arrived. Most likely, it will continue to do so after you leave. The moral to all of this is that while you no doubt have gifts, skills, and ideas that provide a means of improving that government, you are probably not indis- pensable. Similarly, although your intent and motives may be pure, it is entirely possible that you will occasionally be wrong and that all of your ideas may not be in your city's long-term best interest. As unlikely as this may be, or as difficult as it may be to accept, I urge you to give it some passing consideration. It just might be true, and you'll get along better with others and with yourself on those rare occasions when it is, if you prepare for it now. Conclusion There are probably ten different "commandments" for getting along and working together as valid as mine. And surely, there may be differences of opinion about whether all of my suggestions are entirely valid. But there should be no disagree- ment that every effort should be made by councils and managers to work cohe- sively, so as to have the best possible chance of resolving conflicts and building consensus. With all due respect to our governmental leaders in Washington and in the various states, the place where government has traditionally worked best and where its leaders can have the greatest impact on the everyday lives of people is at the local level. A large measure of credit for that relative success goes to the quality of people that have been attracted to service in local government and their commitment to getting the job done as efficiently and effectively as possible. The best way for people like us—amity council members and managers—to see that this continues to be true is to do all in our power to work together. I respectfully offer my "-ten commandments' with that goal in mind. �A MINUTES OF THE CITY COUNCIL JOINT CITY COUNCIUREDEVELOPMENT AGENCY MEETING / OCTOBER 22, 1998 4*4(> COUNCIL CALL TO ORDER: Mayor Herrera called the City Council meeting to order at 5:13 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. AGENCY CALL TO ORDER: Chairman Huff called the Redevelopment Agency to order at 5:13 p.m. PLEDGE OF ALLEGIANCE: Mayor Herrera. CITY COUNCIL ROLL CALL: Council Members Ansari, Huff, O'Connor, and Mayor Herrera. Mayor Pro Tem Chang was absent. AGENCY ROLL CALL: Agency Members Herrera, O'Connor, Vice Chairman Ansari and Chairman Huff. Agency Member Chang was absent. PUBLIC HEARING: 2.1 DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND TOOLEY & COMPANY - Tooley & Co., the developer, has entered into an agreement for purchase of Lot 2 in the Gateway Corporate Center, which site is located within the Redevelopment Project area. The developer intends to construct two office buildings with three stories and 82,944 gross sq. ft. each. The developer intends to lease a portion of the project to a Fortune 500 company which will employ approximately 400 employees and has requested Agency assistance in acquisition of the site. Mayor Pro Tem Chang arrived at 5:18 P.M. CM/Belanger reported that the project was approved by the Planning Commission at its October 13, 1998 meeting. One of the goals of the Redevelopment Agency Plan adopted in July 1997 was to attract and enhance business within the project area. This project, as proposed, accomplishes the goal of business expansion/business attraction within the project area and meets the goals and objectives of the Redevelopment Project Area Plan. Chair/Huff declared the Public Hearing open. Dave Sears, Tooley & Co., presented an overview and renderings of the proposed project. One of the key criteria in attracting key tenants to the area is to provide a development with an over -standard parking facility. This development has 4.51thousand parking stalls per rentable sq. ft. He presented a letter from Travelers insurance Group stating that Travelers has committed, subject to the outcome of tonight's discussions, to occupy OCTOBER 22, 1998 PAGE 2 JOINT COUNCIUREDEV. AGENCY approximately 60,000 sq. ft. as anchor of this project, bringing in excess of 350 individuals into the project. Travelers looks forward to becoming a corporate citizen of D.B. Felice Acosta, Rosenow, Spevecek Group, presented the Disposition and Development Agreement with Tooley & Co. and discussed the Summary Report required by California Health and Safety Code 33433. The Summary Report was provided on the date of publication of the first public notice for the hearing, October 8, 1998, and was available at City Hall for public inspection. The report describes the general aspects of the financial agreement and any other pertinent terms that would have an impact upon these deliberations. John Yonai, Rosenow, Spevecek Group, reviewed the economic value of the project. The proposed terms of the land contract that Tooley & Co. has entered into with the owner of the property is at a cost of approximately $12.25/sq. ft. for a total of $5,665. The developer is seeking a write-down of approximately $1.966 million. Review of the detailed construction estimate provided by Tooley & Co. indicates that their costs are reasonable and that the amount of assistance required supports their request and provides a reasonable return to the developer. The amount of land write- down from about $12.25/sq. ft. for land to $8.00/sq. ft. is justified. Dave McEwen, Straddling, Yocca, Carlson & Rauth, reviewed the terms of the draft of the Disposition and Development Agreement which provides for acquisition of real property from AEW, the current property owner and the immediate and simultaneous sale of that property to Tooley & Co. for a discounted price of the amount of the Redevelopment Agency assistance to this project. In order to accomplish this transaction in a timely manner, the developer is advancing the full acquisition cost of the property and in turn is taking back a note in the amount of $1.966 million. The note provides for periodic payments of two installments to the developer upon satisfaction of certain conditions precedent. The first condition is the production of a lease with The Travelers Group which provides for a 10 -year term when they relocate to the proposed facility. At that time, the first installment of the developer loan is due. Upon completion of the project and the receipt of a favorable judgement in the pending litigation, the balance of the developer note is due and payable. He pointed out that the timing of the balance payment is important because the terms of the agreement provide for an adjustment of the full amount of the payment by the Redevelopment Agency should the developers cost of developing the project be less than 90% of the projected cost. He explained other provisions contained within the development agreement. AM/Herrera asked for clarification of the due date of the first installment. OCTOBER 22, 1998 PAGE 3 JOINT COUNCIUREDEV. AGENCY Mr. McEwen responded that the first installment payment is due upon presentation of a fully executed lease from The Travelers Group. In response to AM/Chang, Mr. McEwen confirmed that there is no upward adjustment of the Redevelopment Agency's assistance in the event that the developer's costs exceed the amount of the projected hard costs. AM/O'Connor asked for an explanation of the Redevelopment Agency's Revolving Loan Fund. Mr. McEwen explained that, within Redevelopment Law, there is a provision for the City to make a loan or a grant to the Redevelopment Agency for some amount of money. That money can then be used by the Redevelopment Agency to acquire land or prepare land for development in the Redevelopment Project Area. The Redevelopment Revolving Fund was established by Council on Tuesday, October 20, 1998. Mr. Sears verified for AM/O'Connor that the actual contract amount is $5,665. Mr. McEwen and CM/Belanger discussed proposed changes and corrections with respect to the Disposition of Development Agreement. In response to AM/O'Connor, Mr. McEwen stated that the pending litigation has gone to trial and all persons interest have been named. There is no money involved in the pending litigation and the only potential remedy against the Agency is invalidation of the Redevelopment Plan. In response to AM/O'Connor, Mr. Sears explained that the parking size was increased with the intent that it would render the project more marketable for future tenants. No additional costs are associated with construction of the additional parking. In response to Chair/Huff, Mr. McEwen stated that the language of the agreement should be limited solely to the monies contained in the Redevelopment Revolving Fund. The documents will be cleaned up and adjusted before final execution. Art O'Daly congratulated the City and the Redevelopment Agency for attracting a quality organization to the City. Following discussion, M/Herrera moved, C/Ansari seconded, to adopt Resolution No. 98-65 entitled "Resolution of the City of Diamond Bar, California approving a Disposition and Development Agreement By and Between the Diamond Bar Redevelopment Agency and Tooley & Company. Motion carried by the following Roll Call vote: OCTOBER 22, 1998 PAGE 4 JOINT COUNCIUREDEV, AGENCY AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None Moved by AM/Herrera, seconded by Chair/Huff, to adopt Resolution No. RA98-9 entitled "Resolution of the Diamond Bar Redevelopment Agency of Diamond Bar, California, Approving a Disposition and Development Agreement By and Between the Diamond Bar Redevelopment Agency and Tooley & Company. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Chang, Herrera, O'Connor, VC/Ansari, Chair/Huff NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3. ADJOURNMENT: There being no further business to conduct, Chair/Huff adjourned the Redevelopment Agency meeting at 6:36 p.m. and M/Herrera adjourned the City Council meeting at 6:36 p.m. ATTEST: ATTEST: Mayor Chairman LYNDA BURGESS, City Clerk LYNDA BURGESS, Agency Secretary N MINUTES OF THE CITY COUNCIL JOINT CITY COUNCILIREDEVELOPMENT AGENCY MEETING �� OCTOBER 22, 1998 COUNCIL CALL TO ORDER: Mayor Herrera called the City Council meeting to order at 5:13 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. AGENCY CALL TO ORDER: Chairman Huff called the Redevelopment Agency to order at 5:13 p.m. PLEDGE OF ALLEGIANCE: Mayor Herrera. CITY COUNCIL ROLL CALL: Council Members Ansari, Huff, O'Connor, and Mayor Herrera. Mayor Pro Tem Chang was absent. AGENCY ROLL CALL: Agency Members Herrera, O'Connor, Vice Chairman Ansari and Chairman Huff. Agency Member Chang was absent. PUBLIC HEARING: 2.1 DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND TOOLEY & COMPANY - Tooley & Co., the developer, has entered into an agreement for purchase of Lot 2 in the Gateway Corporate Center, which site is located within the Redevelopment Project area. The developer intends to construct two office buildings with three stories and 82,944 gross sq. ft. each. The developer intends to lease a portion of the project to a Fortune 500 company which will employ approximately 400 employees and has requested Agency assistance in acquisition of the site. Mayor Pro Tem Chang arrived at 5:18 p.m. CM/Belanger reported that the project was approved by the Planning Commission at its October 13, 1998 meeting. One of the goals of the Redevelopment Agency Plan adopted in July 1997 was to attract and enhance business within the project area. This project, as proposed, accomplishes the goal of business expansion/business attraction within the project area and meets the goals and objectives of the Redevelopment Project Area Plan. Chair/Huff declared the Public Hearing open. Dave Sears, Tooley & Co., presented an overview and renderings of the proposed project. One of the key criteria in attracting key tenants to the area is to provide a development with an over -standard parking facility. This development has 4.5/thousand parking stalls per rentable sq. ft. He presented a letter from Travelers Insurance Group stating that Travelers has committed, subject to the outcome of tonight's discussions, to occupy OCTOBER 22, 1998 PAGE 2 JOINT COUNCIUREDEV. AGENCY approximately 60,000 sq. ft. as anchor of this project, bringing in excess of 350 individuals into the project. Travelers looks forward to becoming a corporate citizen of D.B. Felice Acosta, Rosenow, Spevecek Group, presented the Disposition and Development Agreement with Tooley & Co. and discussed the Summary Report required by California Health and Safety Code 33433. The Summary Report was provided on the date of publication of the first public notice for the hearing, October 8, 1998, and was available at City Hall for public inspection. The report describes the general aspects of the financial agreement and any other pertinent terms that would have an impact upon these deliberations. John Yonai, Rosenow, Spevecek Group, reviewed the economic value of the project. The proposed terms of the land contract that Tooley & Co. has entered into with the owner of the property is at a cost of approximately $12.25/sq. ft. for a total of $5,666,012.50. The developer is seeking a write- down of approximately $1.966 million. Review of the detailed construction estimate provided by Tooley & Co. indicates that their costs are reasonable and that the amount of assistance required supports their request and provides a reasonable return to the developer. The amount of land write- down from about $12.25/sq. ft. for land to $8.00/sq. ft. is justified. Dave McEwen, Straddling, Yocca, Carlson & Rauth, reviewed the terms of the draft of the Disposition and Development Agreement which provides for acquisition of real property from AEW, the current property owner and the immediate and simultaneous sale of that property to Tooley & Co. for a discounted price of the amount of the Redevelopment Agency assistance to this project. In order to accomplish this transaction in a timely manner, the developer is advancing the full acquisition cost of the property and in turn is taking back a note in the amount of $1.966 million. The note provides for periodic payments of two installments to the developer upon satisfaction of certain conditions precedent. The first condition is the production of a lease with The Travelers Group which provides for a 10 -year term when they relocate to the proposed facility. At that time, the first installment of the developer loan is due. Upon completion of the project and the receipt of a favorable judgement in the pending litigation, the balance of the developer note is due and payable. He pointed out that the timing of the balance payment is important because the terms of the agreement provide for an adjustment of the full amount of the payment by the Redevelopment Agency should the developers cost of developing the project be less than 90% of the projected cost. He explained other provisions contained within the development agreement. AM/Herrera asked for clarification of the due date of the first installment. OCTOBER 22, 1998 PAGE 3 JOINT COUNCIUREDEV. AGENCY Mr. McEwen responded that the first installment payment is due upon presentation of a fully executed lease from The Travelers Group. In response to AM/Chang, Mr. McEwen confirmed that there is no upward adjustment of the Redevelopment Agency's assistance in the event that the developer's costs exceed the amount of the projected hard costs. AM/O'Connor asked for an explanation of the Redevelopment Agency's Revolving Loan Fund. Mr. McEwen explained that, within Redevelopment Law, there is a provision for the City to make a loan or a grant to the Redevelopment Agency for some amount of money. That money can then be used by the Redevelopment Agency to acquire land or prepare land for development in the Redevelopment Project Area, The Redevelopment Revolving Fund was established by Council on Tuesday, October 20, 1998. Mr. Sears verified for AM/O'Connor that the actual contract amount is $5,666,012.60. Mr. McEwen and CM/Belanger discussed proposed changes and corrections with respect to the Disposition of Development Agreement. In response to AM/O'Connor, Mr. McEwen stated that the pending litigation has gone to trial and all persons interest have been named. There is no money involved in the pending litigation and the only potential remedy against the Agency is invalidation of the Redevelopment Plan. In response to AM/O'Connor, Mr. Sears explained that the parking size was increased with the intent that it would render the project more marketable for future tenants. No additional costs are associated with construction of the additional parking. In response to Chair/Huff, Mr. McEwen stated that the language of the agreement should be limited solely to the monies contained in the Redevelopment Revolving Fund. The documents will be cleaned up and adjusted before final execution. Art O'Daly congratulated the City and the Redevelopment Agency for attracting a quality organization to the City. Following discussion, M/Herrera moved, C/Ansari seconded, to adopt Resolution No. 98-65 entitled "Resolution of the City of Diamond Bar, California approving a Disposition and Development Agreement By and Between the Diamond Bar Redevelopment Agency and Tooley & Company. Motion carried by the following Roll Call vote: OCTOBER 22, 1998 PAGE 4 JOINT COUNCIUREDEV. AGENCY AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None Moved by AM/Herrera, seconded by Chair/Huff, to adopt Resolution No. RA98-9 entitled "Resolution of the Diamond Bar Redevelopment Agency of Diamond Bar, California, Approving a Disposition and Development Agreement By and Between the Diamond Bar Redevelopment Agency and Tooley & Company. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Chang, Herrera, O'Connor, VC/Ansari, Chair/Huff NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3. ADJOURNMENT: There being no further business to conduct, Chair/Huff adjourned the Redevelopment Agency meeting at 6:36 p.m. and M/Herrera adjourned the City Council meeting at 6:36 p.m. ATTEST: ATTEST: Mayor Chairman LYNDA BURGESS, City Clerk LYNDA BURGESS, Agency Secretary MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 3, 1998 1. CLOSED SESSION: None 2. CALL TO ORDER: Mayor Herrera called the meeting to order at 5:43 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Mayor Herrera. INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church. ROLL CALL: Council Members Ansad, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera. Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Director of Public Works; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Manager and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: As presented. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: BUSINESSES OF THE MONTH: 3.1 Presented City Tile to Jack Oh, D.D.S. 3.2 Presented City Tile to Ralph Kimball, D.D.S. 3.3 Presented City Tile to Carolyn Haugen, Principal, Quail Summit Elementary School "California Distinguished School" and congratulated Ms. Haugen on the construction of the school's permanent facilities. 3.4 Proclaimed November 15, 1998 as "America's Recycling Day." 3.5 Presentation by Karen Powers, Walnut Valley Water District, regarding water reservoir inspections and safety. 3.6 Presentation by L.A. County Sheriffs Department regarding school traffic monitoring. 4. PUBLIC COMMENTS: Al Webb, Diamond Ranch High School, stated that there are currently 848 9th and 10th grade students enrolled. Diamond Ranch is a small-scale comprehensive high school that contains a personal computer lab and a well-developed graphic arts program. He asked for the City's support as the school looks to expand its current computer lab. Jeff Koontz, Executive Director of the Charmer of Commerce, asked for businesses and multi -family apartment units to provide space for copies of The View. He NOVEMBER 3, 1998 PAGE 2 CITY COUNCIL thanked Diamond Bar residents and vendors who participated in last weekend's Business Expo. He also thanked the Claremont based League of Women Voters for emceeing the Chamber's Candidates Forum. He was pleased to have been asked to serve on the City's Telecommunications Task Force. C/Ansari thanked Mr. Koontz for his frequent reports to Council and his support of local businesses. In response to Allen Wilson, M/Herrera explained the proposed agenda for the Town Hall meeting. Dr. Lawrence Rhodes spoke about the Central America disaster and asked the public to contact the American Red Cross to offer assistance. 5. SCHEDULE OF FUTURE EVENTS: 5.1 TOWN HALL MEETING (Off-site Parking & Traffic Solutions) - Saturday, November 7, 1998 - 9:00 a.m. to 12:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - November 10, 1998 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.3 VETERANS HOLIDAY - November 11, 1998 - City Offices will be closed. Will reopen on Thursday, November 12, 1998. 5.4 TRAFFIC & TRANSPORTATION COMMISSION - November 12, 1998 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.5 COMPOSTING WORKSHOP - November 14, 1998 - 9:00 a.m. to 11:00 a.m., Sycamore Canyon Park, 22930 Golden Springs Rd. 5.6 BULKY ITEM PICKUP DAY - November 14, 1998, by local waste haulers. 5.7 CITY COUNCIL MEETING - November 17, 1998 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by C/Huff, seconded by MPT/Chang, to approve the Consent Calendar. Motion carried by the following Roll Call vote (C/Ansari abstained from voting on approval of the October 20, 1998 City Council minutes): AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES 6.1.1 Joint Study Session with Traffic & Transportation Commission of October 20, 1998 - As submitted. NOVEMBER 3, 1998 PAGE 3 CITY COUNCIL 6.1.2 Regular Meeting of October 20, 1998 - As corrected. 6.2 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of September 10, 1998. 6.3 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular Meeting of September 8, 1998. 6.4 APPROVED VOUCHER REGISTER - dated November 3, 1998 in the amount of $773,195.18. 6.5 RECEIVED & FILED TREASURER'S REPORT - Month of September, 1998. 8. OLD BUSINESS: 8.1 SECOND READING OF ORDINANCE NO. 02(1998): AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING A DEVELOPMENT CODE (CASE NO. 97-1) AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. DCM/DeStefano pointed out the following corrections to be made to the document: 1. Article II, Page 13, Table 2.4. add the word "Section" ahead of the word "Citation" within the table. 2. Article III, Page 100, Section 22.30.060 a. - add reference Figure 3- 43 (Handicapped Parking Space graphic that appears on Page 101). in response to M/Herrera, DCM/DeStefano responded that Development Code enforcement will begin with verbal contact by the City's Code Enforcement Officer and end with the District Attorney, if applicable. C/Huff moved, MPT/Chang seconded, to approve Second Reading by title only and adopt Ordinance No. 02(1998). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9. NEW BUSINESS: 9.1 AWARD OF CONTRACT TO KLEINFELDER FOR MINNEQUA DRIVE LANDSLIDE GEOTECHNICAL INVESTIGATION/ENGINEERING SERVICES. NOVEMBER 3, 1998 PAGE 4 CITY COUNCIL Bill Gray pointed out that there are other areas of Minnequa Dr., that have slippage problems and asked if there is additional money available for including these areas in the study. Tom Sagline, resident in the affected area, thanked Council and staff for seeking funds to help mitigate the landslide problem and to help ensure the safety of the residents. DDPW/Liu stated that he had only become aware of Mr. Gray's problem earlier in the day. His property will be included in the study. John Loman, Kleinfelder, Inc., stated that Mr. Gray's property appears to be similar to other situations in the subject slide area and should be included in the study. C/Ansari asked staff to look at the entire area for possible mitigation. C/O'Connor concurred with C/Ansari and expressed concern about possible problems throughout the ridgeline area. MPT/Chang moved, C/Ansari seconded, to authorize the Mayor to enter into a Professional Services Agreement with Kleinfelder, Inc. for geotechnical investigatioNengineering services in an amount not to exceed $25,641 with a contingency of $2,500, for a total contract amount of $28,141. Further, to add Mr. Gray's property and other properties along the ridgeline. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARING: 7.1 RESOLUTION NO. 96-41 B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING EXHIBIT "A" OF THE PARKING PENALTY SCHEDULE FOR PARKING VIOLATIONS,PAYMEET PENALTIES, ADMINISTRATIVE FEES AND RELATED CHARGE S FOR PARKING VIOLATIONS. M/Herrera opened the Public Hearing. There being no testimony offered, M/Herrera closed the Public Hearing. C/Ansari moved, C/Huff seconded, to adopt Resolution No. 96-41 B. Motion carried by the following Roll Call vote: NOVEMBER 3, 1998 PAGE 5 CITY COUNCIL AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9. NEW BUSINESS (Continued) 9.2 MATTER OF PROPOSED GENERAL PLAN AMENDMENT RE: OPEN SPACEILAND USE DESIGNATION AND MUNICIPALLY -OWNED PARK/OPEN SPACE. C/Huff proposed that the following language be added to Page 115, Land Use Element, Objective 1.5.3 of the General Plan "...and the matter must be submitted as a valid measure to the registered voters of Diamond Bar at an election whereat a majority of those voting must vote in the affirmative on the ballot measure. He asked that staff investigate the proposed language to ensure that it does not create problems with CC&R's, existing utility easements, etc. Dr. Lawrence Rhodes agreed with C/Huffs proposed language and would prefer that any amendments be scheduled for consideration at general elections and not special elections. Art O'Daly did not understand C/Huffs objective. He believed Council should accept responsibility for such decisions. MPT/Chang moved, C/Huff seconded, to direct staff to analyze C/Huffs proposed language, study the implications of proposing a General Plan amendment to be approved/disapproved at a general election and bring back the information to Council on December 15, 1998. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.3 MATTER OF PROPOSED PARTICIPATION IN ENHANCEMENT OF ELECTRONIC DATA PROCESSING EQUIPMENT AND SOFTWARE AT DIAMOND BAR SCHOOLS (WVUSD AND PUSD) THROUGH SURPLUS CITY PROPERTY AND/OR FINANCIAL RESOURCES. Following discussion, Council concurred to equally divide the City's surplus computer equipment between the two school districts (WVUSD and PUSD) and let the districts distribute the equipment to D.B. schools based upon the needs of the schools. NOVEMBER 3, 1998 PAGE 6 CITY COUNCIL CM/Belanger stated that he will report back to the Council regarding the status of the D.B. Recreation Department's computer classes. RECESS TO REDEVELOPMENT AGENCY MEETING: 7:40 p.m. RECONVENE CITY COUNCIL MEETING: 7:45 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS AND COUNCIL MEMBER COMMENTS: C/O'Connor stated she attended many of the Chamber of Commerce's activities. She was unable to attend the Business Expo because she attended the Sheriffs Academy. She encouraged citizens to vote. MPT/Chang attended the October 21 Grand Opening festivities for the Holiday Inn Select and the October 24 Business Expo. On October 28, he and C/O'Connor attended the Red Ribbon Week "Say No to Drugs" ceremonies at Diamond Point Elementary School. On Saturday, October 31, he and other Council Members attended the Chinese Association picnic at Summitridge Park. On October 26, 1998, the Telecommunications Task Force concluded its work. He thanked the Task Force members for their participation. C/Ansari commended St. Denis Church for their recent auction at Industry Hills. She and other members of Council attended the grand opening of the Holiday Inn Select. She and C/O'Connor attended the October 22 CLOUT meeting at CalPoly. All Council Members attended dedication ceremonies for Quail Summit Elementary School. On October 23, she and C/O'Connor attended the Golden Springs Elementary School Red Ribbon Day. She complemented Jeff Koontz, Mary Hall and Orion Pagan from the Chamber of Commerce for their hard work on the Business Expo. She spoke at Kiwanis and Rotary meetings last week. On October 28, she attended a breakfast with Assembly Member Sally Havice. She thanked her supporters in her run for higher office. C/Huff reported on the first Community Center/Civic Center Task Force meeting held on Wednesday, October 28. He spoke about the Sheriffs Academy training for Council Members that he and C/O'Connor had been attending. He expressed his condolences to the family of Sheriff Sherman Block. M/Herrera stated that, in spite of the City's efforts to mitigate traffic problems on residential streets, vehicles continue to travel at a high rate of speed. She acknowledged receipt of a homeowners petition signed by residents in the Morning Canyon Rd./Kiowa Crest Dr./Santaquin Dr./Shadehill PI. areas asking Council to consider other measures including speed humps to control speeds on their street. She asked that this matter be placed on the November 17 agenda. C/Huff recommended that the matter be referred to the Traffic & Transportation Commission for a recommendation to Council. Council concurred. NOVEMBER 3, 1998 PAGE 7 CITY COUNCIL M/Herrera requested that a City Council Study Session be scheduled for 4:00 p.m. on November 17, 1998 to discuss development of a financial strategic plan to ensure that the City will be able to support and maintain facilities such as a community center/civic center that may be recommended by the Task Force. She spoke about the untimely passing of Sheriff Sherman Block and his dedication to his profession. 11. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 8:10 p.m. in memory of Sheriff Sherman Block. ATTEST: Mayor LYNDA BURGESS, City Clerk AIW' UTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 8, 1998 CALL TO ORDER: Chairman McManus called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Vice Chairman Tye. ROLL CALL: Present: Chairman Joe McManus, Vice Chairman Steve Tye, and Commissioners George Kuo and Steve Nelson. Commissioner Ruzicka was excused from the meeting. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As submitted. CONSENT CALENDAR: 1. Minutes of August 25, 1998. C/Nelson moved, VC/Tye seconded, to approve the minutes of August 25, 1998 as presented. Motion carried with the following Roll Call vote: AYES NOES: ABSTAIN ABSENT: OLD BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Kuo, Nelson, VC/Tye, Chair/McManus None None Ruzicka 1. Tuesday, September 15, 1998, 4:00 p.m. Joint Meeting with the City Council. Following discussion, the Commissioners concurred to carry forward the discussion items presented at its August 25, 1998 Planning Commission meeting. SEPTEMBER 8, 1998 PAGE 2 NEW BUSINESS: None PUBLIC HEARING: None PLANNING CONMMSION COMMENTS: Responding to VC/Tye's inquiry, DCM/DeStefano provided an update of the City Council's September 1, 1998 discussion regarding the Dolezal project. INFORMATIONAL ITEMS: SCHEDULE OF FUTURE EVENTS as fisted in the agenda. ADJOURNMENT: C/Nelson moved, C/Kuo seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/McManus adjourned the meeting at 7:24 p.m. to Tuesday, September 15, 1998 at 4:00 p.m. at the South Coast Air Quality Management District, 21865 E. Copley Drive, for the Joint City Council meeting. Respectfully Submitted, James DeStefano Secretary to the Planning Commission Attest: l JA McManus 6- . I". MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMIVIISSION SEPTEMBER 22, 1998 CALL TO ORDER: Vice Chairman Tye called the meeting to order at 7:11 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Ruzicka. ROLL CALL: Present: Vice Chairman Steve Tye, and Commissioners George Kuo, Steve Nelson and Joe Ruzicka. Chairman McManus was excused from the meeting. Also Present: James DeStefano, Deputy City Manager and Ann Lungu, Associate Planner. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As submitted. CONSENT CALENDAR: 1. Minutes of September 8, 1998. C/Nelson moved, C/Kuo seconded, to approve the minutes of September 8, 1998 as Presented. Motion carried with the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, VC/Tye NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Ruzicka ABSENT: COMMISSIONERS: Chair/McManus OLD BUSINESS: None NEW BUSINESS: 1. Planning Commission Future Meeting Schedule. DCM/DeStefano explained that scheduled meetings fall near holidays in November and December. Several projects that require the Planning Commission's deliberation are SEPTEMBER 22, 1998 PAGE 2 scheduled for November. He asked that the Commission consider the possibility of rescheduling the second November meeting. Following discussion the Commission concurred to schedule the second November meeting on its regular meeting date of Tuesday, November 24, 1998. DCM/DeStefano suggested that the Planning Commission may wish to go dark for the second meeting in December. Following discussion, the Commission concurred to proceed with its regularly scheduled meeting date of December 22, 1998 if calendar items are scheduled. PUBLIC HEARING: None PLANNING COMMISSION COMMENTS: None INFORMATIONAL ITEMS: DCM/DeStefano stated that staff has provided conceptual drawings of possible designs for the Kmart/Vons Shopping area on Diamond Bar Boulevard as well as, the Country Hills Towne Center in south Diamond Bar. This information is provided as a follow up to the Commission's request at its joint meeting with the City Council. The information contained in the packet is information that is being distributed to shopping centers, owners, developers and tenants in order to encourage their participation in a revitalization program. The focus for the Kmart/Vons area is to identify the area as a unique shopping district between Golden Springs Drive and the 60 freeway with streetscape improvements. Another component of the design is to incorporate access from Golden Springs Drive to the Kmart Shopping Center area which would relocate a portion of the building near The Jolly Bagel Restaurant. The signalized intersection -which connects Kmart and Vons would be enhanced with free-standing signage. He pointed out that the drawings incorporate expansion opportunities: A 20,000-30,000 square foot addition on the north side of the Kmart store and two freestanding restaurant/retail pads that could occur on either side of the McDonald's Restaurant. Additionally, the concept incorporates a feature to close the gap between Vons and Savon with retail stores with a pedestrian friendly atmosphere. This design anticipates a rooftop parking area for the Vons employees. C/Ruzicka asked if there is a way of linking pedestrian traffic between the Vons Shopping Center and the Kmart Shopping Center. DCM/DeStefano responded that the major anchors have the ability to block stores from being located adjacent to Diamond Bar Boulevard. If retail stores could be located near Diamond Bar Boulevard, the opportunity for linking the pedestrian traffic would be enhanced. VC/Tye said he has observed very few people walking from Vons to Savon and even fewer people walking from -the Vons Shopping Center to the Kmart Shopping Center. SEPTEMBER 22, 1998 PAGE 3 C/Ruzicka stated that there are four shopping centers in the area and he would like to see an opportunity for linkage of the centers. DCM/DeStefano concurred with C/Ruzicka that this area like the vast majority of Diamond Bar was not master planned. There is no pedestrian linkage between commercial sites and none were contemplated. In addition, there is no vehicular linkages between the majority of commercial sites in the City. C/Ruzicka stated he believes it is important for the Redevelopment Agency to remind the citizens that when they review plans for the area the City is working with an almost impossible situation. DCM/DeStefano stated that the area is a very tough retrofit absent complete redevelopment which is not likely to occur in the present marketplace. This area is a very difficult challenge for the designers. He spoke about the various elevations within the area of the four shopping centers. C/Ruzicka said he received a suggestion to incorporate small pocket -park types of areas within the shopping area. DCM/DeStefano responded to C/Ruzicka that the schematic is a result of collaboration between staff and the design consultant. DCM/DeStefano stated that the Country Hills Towne Center schematic involves a replacement for the Ralphs space with an equivalent tenant and increase in the space. This design scheme employs a more dramatic entry, more landscaping, and more pedestrian delineation within the center. Two additional construction areas are included: The pad behind Dr. Cho's building and the pad immediately east of the theater building. The design also incorporates more outdoor seating and dining opportunities along the row of stores that currently exist. C/Ruzicka indicated he spoke with a tenant at the Country Hills Towne Center who expressed concern about the safety of Diamond Bar Boulevard ingress/egress. The tenant stated he has observed many motorists driving in the wrong set of lanes. DCM/DeStefano responded that this plan incorporates a reduction of the main driveway which will create an opportunity for additional parking and address some of the safety concerns. C/Ruzicka asked if the tenants will be notified about the proposed plans. DCM/DeStefano indicated that the City has been working with the property owner and their management company for some time to revitalize this center. The primary concern is to fill the Ralphs space. The tenants are concerns about the loss of the major tenant. The tenants have not been directly told about the City s effort to pursue the concept and marketing plan which is relatively new. At this time, this is a concept to stimulate interest. VC/Tye asked if any thought has been given to relocating the theater to the opposite end of the shopping center and incorporating a stadium style facility. SEPTEMBER 22, 1998 PAGE 4 DCM/DeStefano responded that to his knowledge, no such discussion has taken place. He explained how the City is actively working to attract businesses to areas of the City that fit into the demographics of the community. - DChMeStefano responded to VC/Tye that Ralphs holds the lease on the property in the Country Dills Towne Center for several years hence. The property owner has the opportunity to buy back the lease. Ralphs general interest is to discourage grocery stores at that location. The City's goal is to put a grocery store of regional or national quality in that location. The property owner has contacted several major markets about locating to the area. Responding to VC/Tye, DCM/DeStefano stated that a Redevelopment Agency hearing was held on Friday. The judge took the information under submission and indications are that a decision will not be rendered for at least two weeks and possibly as long as four weeks. SCHEDULE OF FUTURE EVENTS as listed in the agenda. DCM/DeStefano commented that upon conclusion of the Telecommunications Task Force meetings, the Draft Ordinance will be forwarded to the Planning Commission for review in December or January. ADJOURNMENT: Mamcka moved, C/Kuo seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Vice Chairman Tye adjourned the meeting at 8:02 p.m. Respectfully Submitted, Jzmds DeStefano Secretary to the Planning Commission Attest: Steven Tye Vice Chairman C:IWPS 14ninutes\Pc1PCSEP22.MIN NMUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 13, 1998 CALL TO ORDER: Chairman McManus called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management Hearing Board Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Ruzicka. ROLL CALL: Present: Chairman Joe McManus, Vice Chairman Steve Tye, and Commissioners George Kuo, Steve Nelson and Joe Ruzicka. . Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner and Rob Searcy, Consultant Planner. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As submitted. CONSENT CALENDAR: 1. Minutes of September 22, 1998. Continued to October 27, 1998. OLD BUSINESS: None NEW BUSINESS: PUBLIC HEARING: 1. Conditional Use Permit No. 98-6 and Development Review No. 98-9 (pursuant to Code Sections 22.56.110, 22.28. 110 and 22.72.020) is a request to add approximately 1,147 square feet to an existing 5,181 square foot vacant bank building with a 2,119 square foot cellar for a total of approximately 8,447 square feet to be utilized as a car wash with two oil and lube bays and merchandiselboutique sales area. The project site is located within the C-1 zone. The request includes a Planning Commission interpretation that the proposed use is consistent with other uses permitted within the C-1 zone. PROJECT ADDRESS: 2845 Diamond Bar Boulevard Diamond Bar, CA 91765 OCTOBER 13, 1998 PAGE 2 PROPERTY OWNERS: David Zerner 954 Schumacher Los Angeles, CA 90048 APPLICANT: Lance Templeton 2899 Monte Verde Drive Covina, CA 91724 AstP/Lungu presented staffs report. Staff recommends that the Planning Commission approve Conditional Use Permit No. 98-6 and Development Review No. 98-9, Findings of Fact and conditions as listed within the resolution. Guy Williams, Land Use Planning Consultant, 978 Amelia, San Dimas, California, stated he represents the property owner and applicant. Mr. Templeton and his family as well as the architect are in attendance at tonight's meeting. The applicant and all concerned parties have reviewed staffs report and concur with the conditions of approval. He asked that the Planning Commission give consideration to Condition 5.(x) to allow the applicant the opportunity to work with staff to determine the legal non -conforming status of the free standing sign. He further stated that during the past year while working on the project the applicant determined that there is considerable support for the Diamond Bar Car Wash in this community. Endorsements have been obtained from M&H Realty Partners, the owner of the Country Hills Towne Center as well as, from each of the tenants within the center. A petition requesting that the Planning Commission approve the car wash with over 400 signatures of Diamond Bar residents, many ofwhich reside adjacent to or near the site, is hereby submitted to the Commission. Mr. Templeton is a resident ofDiamond Bar and resides just north of the property. He and the owner respectfully request the Commission's approval. C/Nelson asked how the proposed project compares with the Brea Auto Spa in its physical appearance and operation. Lance Templeton, applicant, stated the proposed operation will be very similar in operation to the Brea Auto Spa. The architectural style is somewhat different yet similar in overall quality. Operating hours are similar to those of the Brea Auto Spa. Mr. Templeton responded to C/Nelson that the wash area will be adjacent to the center on the back side of the property. C/Nelson expressed concern about the noise generated in the residential area immediately across Diamond Bar Boulevard from the proposed location. Mr. Templeton indicated to C/Nelson that the petition for approval includes signatures of a number of people who live in the area. He stated that he has not discussed the issue with the homeowners association. However, there has been no stated opposition to the project. He indicated that he concurs with the requested color changes. He further stated that a portion of the Bank of America structure will be retrofitted. However, it is a steel structure with girders expanding the entire building. There are no bearing walls in the building. OCTOBER 13, 1998 PAGE 3 AstP/Lungu responded to VC/Tye that notification of property owners is based upon a 500 foot radius from the boundaries of the project site. DCM/DeStefano indicated that renters of the condominium units are not generally aware of activities taking place because the notice goes to the property owners. 140 property owners were notified as a result of the mailed notice for this project. Based upon 140 property owners, a significant number of those condominiums across Diamond Bar Boulevard were notified as a part of this process. Mr. Williams indicated to Chair/McManus that he prepared the 500 foot radius map and he specifically notified all of the condominium owners even though it may have been beyond the 500 foot radius. Approximately 80 percent of the notifications went to property owners who reside in the complex. Chair/McManus opened the Public Hearing. Charles German, 22848 Hilton Head Drive, expressed his support for the proposed project. Chair/McManus closed the Public Hearing. C/Ruzicka asked how future redevelopment plans may be effected by this project. DCM/DeStefano stated that the Redevelopment Agency and its staff are involved in a marketing effort to revitalize the Country Ems Towne Center and to expand its usage and fill vacant spaces that exist within the center. He further stated he considers the project property to be an isolated piece of property from the balance of the shopping center and envisions the project positively impacting the shopping center. C/Ruzicka asked how Diamond Bar Boulevard vehicular traffic will be effected by this project and whether the City will allow street parking. DCM/DeStefano responded that parking is prohibited on Diamond Bar Boulevard with the exception of specifically designated church parking which is permitted on special occasions. Staff does not intend to recommend on -street parking for any portion of Diamond Bar Boulevard with the exception of the aforementioned. As staffs report indicates, traffic emanating from this project will actually be less than what was anticipated from the prior Bank of America use. Responding to C/Ruzicka, DCM/DeStefano stated that from staffs prospective, abandonment indicates that the bank has been vacant and not utilized for a significant period of time. Mr. Templeton indicated to C/Ruzicka that the project's design contemplates a single purpose entry/exit. AstP/Lungu responded to C/Kuo the noise study was conducted on the blower. The emanation will not exceed the City's standard in accordance with the resolution's condition OCTOBER 13, 1998 PAGE 4 of approval. Approximately 17 percent of the water utilized in the car wash process will enter the sewer system after it is clarified by the on-site system before it enters the sewer system. The water quality is monitored by the County of Los Angeles through the NPDES permit process. DCM/DeStefano explained to C/Ruzicka that this project is not a fully automated car wash. It is a hand car wash with some automated equipment such as a dryer blower. Employees will wash the vehicles. No brushes or other mechanical devices that are used at fully automated car washes will be utilized at this location. Mr. Templeton explained to C/Ruzicka that this project proposes no brushes in the wash tunnel. This project will have personnel on site who wash and dry the vehicle which affords a more quality wash. This is a full service operation with vacuuming, interior cleaning and exterior wash. Mr. Templeton confirmed to VC/Tye that the proposed project is much more comparable to the Brea Auto Spa than the facility at Nogales adjacent to the 60 freeway. Responding to C/Kuo's concern regarding noise, Mr. Templeton stated that the building contains a 2119 square foot cellar where the noise generating equipment will be located. As a result, there will be no exterior noise generated by those items. DCM/DeStefano explained that staffs concern regarding the sign is the lapse of time between when the bank ceased its operation and when this application will take effect at that location. The applicant has suggested that the condition be either removed or reworded. Staff concurs with the applicant's request to reword Condition 5.(x) to allow the applicant the opportunity to work with staff to resolve the matter. This is a discretionary permit and the Commission may elect to have the sign brought down to a six foot height. C/Nelson moved, C/Ruzicka seconded, to approve Conditional Use Permit No. 98-6 and Development Review No. 98-9, Findings of Fact and conditions as listed within the resolution with the provision that the current signage be brought down to a six foot sign. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 2. Conditional Use Permit No. 98-8 and Development Review No. 98-10 (pursuant to Code Sections 22.72.020, and 22.28.260) is a request to construct two, three story professional buildings totaling approximately 165,888 square feet on Lot 2. The project site is located within the Gateway Corporate Center. PROJECT ADDRESS: Lots 2 and 5 Gateway Corporate Center Drive OCTOBER 13, 1998 PAGE 5 Diamond Bar, CA 91765 PROPERTY OWNER/ Trammel Crow, acting as agent for A.E.W. Diamond Bar APPLICANT: Business Associates 601 S. Figueroa Street Los Angeles, CA 90017 CP/Searcy presented staffs report. Staff recommends that the Planning Commission approve Conditional Use Pen -nit No. 98-08 and Development Review No. 98-10, Findings of Fact and conditions as listed within the resolution. CP/Searcy responded to C/Ruzicka that he intended to say that the project My not happen all at one time. CP/Searcy indicated to VC/Tye that Condition (aa) on Page 7 of the Resolution means that the initial exercising of the grant must take place within two years from date of approval. If the applicant proposes to build one building in year one and the second building in year four, the City would then devise a plan for them to develop this lot to the extent that it feels must implemented during phase I and bring in secondary conditions that would extend toward the control of phase II. He said he would not anticipate a different project if it was developed over a four or five year period. CP/Searcy concurred with VC/Tye to correct the first line of Condition (t) on Page 7 to indicate a commercial structure instead of a single family structure. C/Nelson asked for explanation of the traffic mitigation measures as specifically related to the intersection of Golden Springs Drive and Grand Avenue. CP/Searcy responded that historically, because of the development of the Gateway Corporate Center complex, mitigation measures were implemented at Grand Avenue and Golden Springs Drive. The intersection was widened to accommodate the carrying capacity. Funds were set aside by the applicant for the phased signalization of the intersection although it was not a requirement set forth by the City. Additionally, second left turn pockets were installed on Grand Avenue for turns onto Golden Springs Drive and a right turn lane was installed on eastbound Golden Springs Drive for turn onto southbound Grand Avenue. As a part of this project, traffic impacts have not been identified because the City needs to determine whether it is in the original threshold that was identified upon original project approval. Staff does not anticipate a significant off-site impact. In response to Chair/McManus, CP/Searcy stated that the trash enclosure required by the Gateway Corporate Center Association is usually a block wall approximately 12 to 15 feet in height with a trellis structure over the top. He pointed out the possible location for installation of a traffic control device at Valley Vista adjacent to the site which would alert motorists to slow down. OCTOBER 13, 1998 PAGE 6 CP/Searcy explained to C/Ruzicka that the applicant is required to conform to all South Coast Air Quality Management guidelines in conjunction with project grading. David Nazarra, Vice President of Development Services for Tooley Co. stated that Trammel Crow Company is very pleased to have the opportunity to develop in Diamond Bar. He indicated that his firm has worked extensively with staff. on the site plan and the aesthetic appeal of the building. He said that his company considered themselves as citizens once the site was purchased and have functioned as such, especially since this project will be located across from City Hall. He thanked staff. He stated that in working with them, he found staff to be very knowledgeable, very professional and very competent. Mr. Nazarra responded to C/Nelson that his firm has a strong prospect lined up for a large portion of one of the buildings and another project for almost the entirety of the second building. Responding to VC/Tye, Mr. Nazarra stated that once escrow closes, it is his firm's intent to build both buildings and complete construction in one phase. Chair/McManus opened the Public Hearing. There being no one present who wished to speak on this matter, Chair/McManus closed the Public Hearing. C/Nelson said he feels the proposed project was very well thought out. He agreed that Mr. Searcy's presentation was excellent. C/Ruzicka moved, C/Kuo seconded, to approve Conditional Use Permit No.. 98-8 and Development Review No. 98-10. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 3. Conditional Use Permit No. 98-9 and Development Review No. 98-11 (pursuant to Code Section 22.72.010, 22.56.110 and 22.78.070G.) is a request to construct a 5,029 square foot, one story addition to an existing 5,380 square foot commercial building within a retail shopping center identified as Diamond Bar Town Center. PROJECT ADDRESS: 1195 Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER/ Dariush and Jacob Khakshouri and Max Netty APPLICANT: 10750 Wilshire Boulevard, Suite 1404 Los Angeles, CA 90024 OCTOBER 13, 1998 PAGE 7 AstP/Lungu presented staff s report. AstP/Lungu confirmed to VC/Tye that no parking spaces willbe lost as a result of the increase in the area of the structure. C/Ruzicka expressed concern about the parking availability in the project area. DCM/DeStefano stated that this property was developed under the old Los Angeles County Code standards which called for one parking space for every 400 square feet of gross floor area. The standards under which the City of Diamond Bar currently operates are much more stringent with one parking space for every 250 square feet of gross floor area.. This project has the potential to extend the hours of the shopping center from approximately 8:00 a.m. to 6:00 p.m. to about 5:30 a.m. to almost midnight based upon the use. There is an opportunity for the applicant to secure an agreement to share parking with its neighbors. DCM/DeStefano indicated to VC/Tye that a shared parking agreement with Jack in the Box Restaurant could provide the 12 parking spaces needed for compliance. C/Nelson said he does not like to see vacant bank buildings and he believes the project is an excellent opportunity to fill a vacancy. He said he is concerned about the parking. However, if the applicant complies with staffs condition for a shared parking agreement, his concerns are alleviated. Mr. Jacob Khakshouri, spoke about the proposed project. He stated that it has been a pleasure to work with the City's professional and courteous staff. He further stated he read staffs report and concurs with the conditions of approval. He explained why the coffee house is considered a retail establishment and not a restaurant and why the outside seating should be considered to be a part of the landscape and not additional building area. Therefore, the parking should be calculated based upon retail use and not upon restaurant use. He indicated that he does not believe it will be possible to obtain a reciprocal agreement for shared parking with his neighbor. Mr.Khakshouri responded to C/Ruzicka that in the initial stages of discussion with staff, it was thought that there were existing reciprocal agreements for shared parking. It was not until recently that it came to light that no such agreements exist. C/Ruzicka said he has visited several Starbucks coffee houses where business staff meetings are being conducted and he indicated he views the situation differently from the applicant. Mr. Khakshouri responded that he believes such meetings are infrequent and that the applicant should not be penalized for providing additional seating area. DCM/DeStefano stated that staff must consider parking based upon a worst case scenario. Staff would assume the all seating will be utilized. One way to elevate the concern would be to limit the number of outdoor seats available to the public. OCTOBER 13, 1998 PAGE 8 C/Ruzicka stated he would like for the project to proceed by finding a resolution to the parking situation. Mr. Khakshouri stated he received his packet last evening and he has had no opportunity to speak with his neighbor about the parking issue. VC/Tye asked for clarification of the parking space requirement. Chair/McManus opened the Public Hearing. Chris Lewis, Pacific West Asset Management Corporation, stated his firm manages the building referred to as Diamond Bar Town Center on behalf of Dr. Michael Drucker. The property enjoys 18 tenants and two vacancies. If the project developer agreed to have no outside seating they would be in compliance with the parking requirement within two parking spaces which Dr. Drucker could agree to. He said that Starbucks is a restaurant. He said his firm would be willing to enter into an agreement with the project applicant if there was no outside seating included in the project proposal. Chair/McManus closed the Public Hearing. C/Nelson stated that he does not believe the parking should be restricted because each of the tenants mentioned has the potential to generate traffic that will double park for a quick transaction. C/Ruzicka reiterated he likes the proposed project and he is concerned about the parking issue. He asked if the applicant would consider redesigning Starbucks not to have outside seating. VC/Tye said he does not disagree about the parking issue but he does not understand the conflict. He takes exception to the statement that Starbucks is a restaurant. He stated he wants the project to go forward and wishes to find a compromise. C/Ruzicka stated he believes people frequent Starbucks because of the name and not because they provide or do not provide outside seating. He said he would presume that the least possible resistance would be to relent the outside seating area so as to meet the center's need for parking spaces. AstP/Lungu offered that the inside seating and outside seating could be reduced to comply with the parking requirements. VC/Tye asked Mr. Lewis if the property owner would agree to the project if the outside seating was limited. Mr. Lewis responded that he would need to discuss the matter with Dr. Drucker. VC/Tye asked if the loss of outside seating would preclude Starbucks from consideration. OCTOBER 13, 1998 PAGE 9 Mr. Khakshouri stated that Starbucks has signed a Letter of Intent pending the final determination by the Planning Commission. Starbucks previously indicated that they would not be interested in pursuing the matter if outside seating is not provided. He offered to negotiate fiuther with Starbucks to reduce the outside seating. Mr. Lewis said he is willing. to negotiate with the applicant. However, he cannot speak for Pic -N -Save, Jack in the Box or Firestone. C/Ruzicka moved, C/Nelson seconded, to approve Conditional Use Permit No. 98-9 and Development Review No. 98-11, Findings of Fact and conditions as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye None Chair/McManus None PLANNING COMMISSION COMMENTS: VC/Tye stated that tonight the Commission has heard high praise for staff from two different developers. The Commission has always felt that the staff is very professional and thorough and it is good to hear this confirmed by the applicants. He thanked staff for their hard work. INFORMATIONAL ITEMS: None ADJOURNMENT: C/Nelson moved, C/Kuo seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/McManus adjourned the. meeting at 10:04 p.m. Attest: McManus �minotm\pc%pcoctl3Mb Respectfully Submitted, J I es DeStefano Secretary to the P ng Commission CITY OF DIAMOND BAR I gnROFFICE MEMORANDUM TO: Mayor Pro Tem Chang and Councilmember O'Connor FROM: Linda G. Magnuson Assistant Finance Director SUBJECT: Voucher Register, November 17, 1998 DATE: November 12, 1998 Attached is the Voucher Register dated November 17, 1998. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calendar. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated November 17, 1998 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts FUND DESCR1PTl01',1 00 1 GENERAL FUND 112 PROP A - TRANSIT FUND 125 COM DEV BLK GRANT FUND 126 ClTIZENS OPT -PUBLIC SFTY 141 LLAD #41 FUND 250 CAPITAL IMPR�V/PROJ FUND REPORT FOR ALL FUNDS APPROVED BY: Assistant Finance Director PREPAID VOUCHERS TOTAL 13,088'16 2,053,033.88 2,066,122.04 .00 39,184.99 39,184.99 104.10 104.10 2,030.0O 342.68 3,222.88 .00 750.00 750.00 .00 66,749.00 66,749.00 z5,968'16 2,160,l64.85 2,176,133.01 Wen Chang Mayor Pro �em Ic zr ------------- Council wea,er ~ R "w 2i -m98 VOUCHER RE6I3,TE� P�GE 1 DUE THRU: 11/17/1998 - PREPAID ~ FUND /SSECT-AMT -PROJECT -__TCT pa # INVOICE DESCRIPTION AMOUNT DATE CHECK ACCURATE LANDSCAPE 141554i -4221V'- 7543/0010181 INSTALL BCKlW DEVICES 750.00 TOTAL PREPAIDS .VV TOTAL VOUCHERS 750.00 TOTAL DUE VENDOR 750.00 AMERIC»� ���l S�0AGE GA)14 STORAGE REN7-NOV 55.80 ��4J9O�2��+' 79oY NOW/DEC RENT -SURPLUS STRG 244.00 0�L ��AI� .00 TOTAL VOUCHERS TOTAL DUE VENDOR 209.11lf� PATTY ANIS 081��V-441VV-' �� CUMik MT5'10.11ZZ 4V.00 TOTAL PREPAIOS .VV TOTAL VOUCHERS 40. 00 TOTAL DUE VEN]OR 4;.V0 OOL���-�53CW' AD -DEVELOPMENT CODE '167.76 OO1533\'433)V' 8V20 10584 All -DEVELOPMENT CODE 167.76 TOTAL PREP AlDS .00 TOTAL VOUCHERS .V0 TOTAL DUE VE�.0OR .00 ARMENTRO0 C8NS1,11-7AN S O01«44V-44V�0-' 777l EMER SRVCS-PLNG'03 1.32V.0V TOTAL PREPAIDS .00 TOT�� VOUCHER -E! 1,3210.@0 TOTAL DUE VEN00R 1`320.00 AT&T 00�4V9V'42�25' LOINS DIEJNCE PHNE SVCS 1401.26 TOTAL PREPAIDS .00 TOTAL VOUCHERS 14V.26 ,,TAL DUE VENDOR \4O.26 AT�ENS SERVIC�� 00�551V 45r@1 7859 STR EV;EBp SVCS -SEPT 8.072.2� TOlAL PEP .00 .00 TOTAL VOUCHERS 8,V72.2O TOTAL DUE VENDOR 8`V72.28 ALINA 8AC7U 001'34780- 28317 RECREATION REFUIND 30.00 TOTAL PREPAlDS .00 TOTAL VOUCHERS 30.00 TOTAL DUE VENDOR 130,00 PAUL BAXTER 0015350-44300'' SNR LNCH ENTBRTNMNT-10/30 70.00 11/17/1998 35178 TOTAL PREPAlDS 70.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 70.00 RUN DATE: 11/12/1998 1E„22,5? V011HE6 QPMgTER �AG_- DUE THiR`_'. 11/17119`90 _ PREPAID FUND i'SECT-ACCT—PRO ECT—ACCT PO # INVOICE DESCF;itTION AMOUNT DATE CHECK BILL'S LOCK AND .SAFE 001531=:-42210-- 754"':/13°140 LCCK— STEGE CRBNET—PANTRH 135.2± 0015314-42210-- 7540'1 `{14Q KE.v./_OCK SVCS—HRT COM CTR 75.00 TOTAL PREPAIDS TOTAL V0UCHEFF S 21:•24 BKM TOTAL CrrICE `OF ;sA'LTFORNIA 0014090j-46221-1— F' h;NI TUF=-THELE/ CHAIRS '!4.:":2 T71T1 - „T. - T.0TAL 21?_ VENDOR MICH EL E .ri N"AN ,r-;`�Sr..rI'N' PROF TOTAL VOUCHERS TOTAL L!IUE VENDOR 2,183.96 BRIAN DIAL^;ER 1264411-423:40-- AI!VNCE-5Th: SRVL CON- 720.00 11/17/1898 35191 TOTAL PRFAIDS 72u.00 TOTAL VOUCHEF;S: .00 TOTAL DUE rE[i ROGER LUTcEN 011.1 4-:;v2-- 4a':=- RE=NDiDEPS —HRTG CDM CTR 200.00 DTAL ?REPAIRS TOT AL V'?ULHc`.= ct1tl,C�ti T."TAL DUE VENDOR 200.00 ,. 0015:50-41200-- :10`32 011x1762 SUPF`LS—Nl3HTGLW GOLF TRN 466.73 TOTAL ?REF'AIDS .00 TOTAL VOUCHERS 466.76 TOTAL DUE VENDOR 466.73 CAL POLY POMONA FOUNDATION 001410110-42325-- FOUNDRS DAY EVENT-11/12 10.00 11/17/1998 35179 TOTAL PREPAIDS 11.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 10.00 CALF'ELRA 00'140:30-4263.-- CONIF .1/10—=—FRITZAL 395.06 11/17/1998 35185 TOTAL PREPAIDS 395.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 3f'5.00 CARROT TDP INIH 0015314-41'210-- 79'2;0 =' _L F'_AG—STA"!C+'F OLE—HRTG CTR 140.00 TOTAL F;REPAIDS 100 TOTt=l VOUCHE?;= 140.00 TOTAL _vEE "VENDOR 140.00 _ _ ..•�� _. TOUCHER FEGiST=R DUE THRL!: 11;17 /1?98 - PREPAID FUND/ZSECT-A;f--'CT-PROTECT-ACI:T PC # INVO'CE CRIPTION AMOUNT DATE CHECk: CHARLES ABE'CT . 'CC '"I F--„ -NC 0015`_1-4550.2-- 7` 71 ,_�: :14 9-4 1` ., C:T-ROAI MAINTENANCE r: 6S.C, 1`'S 0015510-455-2 757 F, .- 4` 415 OCT- STREET MAINT 81t7.3% 0015751-45222.-- 673,). 16:. PLAN CHECK SVCS -WON TRAIN -- 00 =�cc1 �,- _cv _ - 4- "6- 757Ci 049-415 O'-.-M4R:ING AND SIGNING 4,414.4 V AL PREPAIDS !CTA'L k)OU HERq- -;:7.i4 TOTtiL DLE VE`+ OF. 25 9 7.14 CiNTAS _DPP0RAT1 - +a}1C ;c C.- 19,4 19, 4 0 c.- 1 421 is U - TnT", ,:CC's •I".� -r TlTi�.L VLIJl HEF:: �; •-,, I�hey;;+r. .., i!h. \E;."'Llr, _ nn, TOTAL PRIE F'A:L!S ,itft 1 v'...- UL-,� TOTAL DUE VENDOR _RITTENDEN - _-•. 5348 1 -RSUkSCRIF'TICN RENEWL-98/99 495.00 TOTAL P.R,EPAIDS ,00 TOTAL 4'C"HERS 495.00 TOTAL D!.!E VENDOR 495,00 NCEE TnT-._ 22 �C 1 40.r: T Jtk; 'C,w nor.. ii. TCT,_ V0!1CPE�°S 7+ DlE VENDOR -- C.HT*MCC� 60 t i TOT,., VOUCHERS cr. 77T A- 7JUF N;7:,OR e JN LATE: 11/ 1GJ�:1.1118 16: :58 ::0 - R f •E-IcT.4 L�HE�: ,a1", FAOt. 4 n DUE THR'J; 11 (17,1wgr1 ar V - PREPAID FUND,ECT-ACCT-PROJECT-A,CYPO # INVOICE DESCRIPTION AM�IUNT LATE CHECK CAROL DENNIS 0015350-44300-- 77:7 F'S 9 MI" . ��-'r''.:F° "•T Q '24 /r' PRF:: :.. f () t0 11 .0 TOTAL PREPAIDS .00 TOTAL VOUCHES 1(±).00 TOTAL DUE 'VENDOR 100.0,.' JAMES DESTEFANO 0014095-42330-- REIMB-LEAG CONF-9/24-225 96.10 0015210-423"30-- REIMB-LEAG CONF-8/26-28 311.'3 TOTAL PREPATDS .00 TOTAL VOUCHERS 408.0:3 TOTAL DUE VENDOR 408.03 DEWAN; LUiQDIN & ASSOCIATES 25;15510-46411-124"c:-46411 73051De0165 ADMIN SVCS-DBAR REHAB 1,ce8.on 001551+-45227-- DBO(YKjl RETAINING WALL INSP SVCS 127.50 cr22 00a1.;_�10-45-- � 70671IDB00SK1 RETAIN WALL iNSP S'V'nvJ � y �. DB,-, 18%, PLAN GHEC1:: SVCS 240.0�� TOTAL PREP ^ MC: 00 TOTAL VOUCHERS 2:36;;,()0 �r� TOTAL DUE VENI'r''' ,v r{ DIAMOND BAR. 'CYC ERY -�r r 1'2,H�AYY DUTY BIKE RACKS 21E:.50 T PHI "S .010 TOTAL 'TOUCHER- 216.50 TOTAL DUE 'VEN' GR 216.50 .; Whir.- HLA`: MNLZ 1 rj6 E?:FErar;iT'JGES-11;"7 00 { U I �:-,� t vt `rE;iu0IR 1 96' } J45.111? ,,:�:_t HirC Zvi u-:C TD-Ai yo: . 25. � -,.� PREP A'^S au (t TOTHA, .,L. 'rGL�:�tt`« 31:514. T,naTrL DUE VENDOR 386.14 r r;. 00 2'_01''-- 0?:;'161A:3 PRO- SVGS-EN 96-213 500.00 TOTAL ." PRt'DS JO TD?AL. bL !L,t+th.`.; 500. 00 Tr,T 7-'JE VENDOFF. 500.00 RUN DATE: 11/1-2/1,998, ',13'.22:5? VOUCHER REGISTER. GAG-: ci DUE THRUI 11,'7/1998 -• PREPAID FUND/SECT-ACCT—PROJECT—,CCT PO # INVOICE DESCRIFT.ION AMOUNT DATE CHECK ANNETTE FWl!ER7 00152,5 .._441;_f!J__ :'e: 4�T___` •7� A:}.. TOTAL PREPAIDS TOTAL VOUCHER ?OTA! DUE VENDOR .CiJ FIRES:TION= TIRE .. _EER -,c. 0{11` 1':-4"«`0-- 8049 F;?�'_''_rt C1 :H="GE—PSR ?RUCk:: 1:_. 7 'DTAL PFRSFA.1 D : it TOTAL V0UCHE' TOTAL DUE VEN'"0- TOTAL PREP; 1DCS ,i)j TOTS VOUCHERS 1CISa;" T71T DIE VENDOR i 02. 00 79: -- rTTY AnC -:­:.= 9 4L T_iAiL F'``F`r'IT; .00 TOT:-. VOUCHER=: 1 4 t _• TOTAL I AL D E VENDOR i'4901.9v L_•+LL._-,L=.:-- AL'11tlC=-c.R -S-r L L 72-0.00 11/17/1998' af,j9;; n-^ _i�_ _ _S4116000 ' GEWI M,�_ 1i,r ,�;-T5, FRSE 1.. '{� i_ `i.k��'L_ �r-'i �._ If Jy(i J:: �-. NCL IG 1_ {fa_.i'S u TOTA'_ PREP I U? 1+1.4- TOT4'- }_ ';`,.y:;,c 141 •i: OCT SUBSL 4` f�CT7 C:i !;+4�'`(Y PGn^, J,Y-71RAN 1! __ DR t', •: �_ TOTAL PREFAIL'S 00 —T iQ,AL YOUnHEi 7,382. 49 TOTAL DUE � V ENiOr: !V • 7 ,�• .4'i JULIA SUE GiANNETTI 48476 REFUND—IMPOUND FEES 60.00 TOTAL PREF'AIDS .00 TOTAL VOUCHERS 60.00 TOTAL DUE VENDOR 60.00 =c• _I _ ._, i�' - _- tea. _:_ n. rut c Yv,i'�::_ �. _'fir,, �!-.'`'_• U E THRID : (: ?17 QQ.0 _ FREPAI D FUNDI•ECT-ACCT-PR'G"ECT- CCT PC # INVOICE iEI:"=;I='' ON AMOUNT IiR7E CHECK GRAFFITI CONIRO'L SYS-t,fi. TOTAL PREPAiDE .CIO TGTAL VOUCHER=--1,7IC.00 TOTA_ DUE VENDLY- GTE LEASIN' �T�7° _ N'o'd-EG_IF REN,- 4L_.79 .. 1_.._. TC+Thi : `:cFH; : t TOTAL VOUCE'-=: 46'..79 466._17 CYN PRIl" TC AL 'iOJ; :SHE',_ cr �, aIO ENGIR Ih? LSI;'{ SVCS: 112.50 {1-c+r 398', ()6 4 N' kl � -. NR INSET,; S'v:� 7 4.4_ EP'tuR IF!Sr� T;v SER ICES 6 .:.} 50 12. J ��'--_-- ^i r ., �r ,rE` GC S Ir - TA - - Y-Nili 7 j 72^ 57 -- F` :._•. .h:°.'"`.T -os,. Thi -.c 5n� Q= TrT.41 DR. r:pi ;riy 1!R T1TAL SIO! 1rI IFC v 5105 , C! TOTA,i Di - VEllru R 50=,04 IT 7rTA1 [,n_G,n. T DC- fiy ENDO TGTA. L VOi ICLiEF:�, 40.00 WALTER 4 rONG 001-3-6,;iO_- 4:::14::F?EF N'D,`IiEPEST .-NRTG COM CTR 200.00 PREF =IDc (.(Y TCT=',L V'OU'DOr l0t).C)U T'L;=;L DUE V.NDOR :;10.00 a. rO::,,HEF' REG:3TEF, F`AGE: 7 DUE TNr!`. 11; 17 190 u PREPAID FU")D;SEC'-fl`�CT-F'FD�E,. CCT EG � IPa'JDICE i':E'�C,;I�';:uP� AMOUNT PrTE CHECK:: !NLAND EMFIRE STAOEE T4C 1C}Z°,_ r :S_cT -- E_1(,/ .,,4 p7,'., ,��.? 1 — Ilta_o:!- _•:iL- ?'j ,.4� _— C r r_ it 'T7 i0�[9� Lx�URa TF;PJaP-,Jl�� ; 575.. Cyt, TOTAL PREPATDS ,00 TOTAL VOUCHE':S TOTAL DUE 6UOR 1,-.0-0 INLAn=: VALLEY DAILY' H'SLL-71il (cK142 i15_-- - LEGAL AL-PFKG PENALTIES 4i, .9 -- l4:-4-:-- AT --,-DEVELOPMENT CODE 370,50 .: fi ha P,. 92-39 _1 ._ 4 LEGAL AE, -FP' ,Y l.`_+;y41- LEGAL AL-rP-11 4:.2C _GAL 47D r'L . _ -4 46.22 1-15041'", LEGAL AC -FPL 46:._0 LEGAL AD -FPL 1-23 :.a.w4334 LEGr'!L Au -FPL 9c;-4" Ey'.�L t5: 5 Er AD-7PL 31504174 LEGAL AD-FF'L 98-32- 46.E TOTAL PREPAIDS .00 TOTAL VOUCHEF,c 691.16 TOTAL DUE VENDOR $91.16 tNT'L COUNCIL tL GF fiHt7FPiiI'c CENTERS U014095-4- -25-- ICSC MTG-ll')J"4-TAMAYA 485.00 11/17/19'98 35177 eiL PRit rr: JS TOTA: .UU 5. 00 'a, 43_;.65 i tJ !i 111 t1 43 aa:._ 43.101, FLN.: COM" U I HL 00 T1. TOTAL V7uit t-,_ 12101 00 RUN DATE: 11/12/1995 16::2:5$ VOUCHER REGISTER PARE: Q DUE TH U: 11/ 17/1G. -S _ PREPAiii FUND/SECT-ACCT-PROJECT-ALCT FO # INVOICE DESCRIPTION AMOUNT DATE CHECK LA CELLULAR 1264411-4212`1-- CELL PHNE SVCS -COPS 126. 8 0014415-41125-- CELL PHNE SVCS-VLTR PTRL 65.61 0014090-42125-- CELL PHNE SVCS -GEN GOVT 50.55 001403*42125-- CELL PHNE SVCS-CMGR 157 •J_ 0014010-42125-- CELL PHNE SVCS-CCNCL 54[75 TOTAL PREPAIDS .00 TOTAL VOUCHERS 484.95 TOTAL DUE VENDOR 454.95 JILL LANE Ot t 1 -?4750--44 RE_.REA " DN REFUND ' ! I. 40 4!4; TOTAL PREPATnS C!ri TOTAL V0jCHEr1l.S 44'.00' TOTAL DUE VEND'-` 40.00 LEAGUE O- CA CITES u!a140341-4".:-: __ L62 GEN MTC-1115-CMGR 2- 11'1f11yv;:; :{51Ss6 SIr,1 cry, -42'°L -- 4 0. _ _ GE I "ITC-. ; _:-CCNCL 69. t!0 11 /17 /19 3518,', AL vU_ �-D .v1: END TOITI';L DUE Y' MY CATHIE LEE 010 r3-,. .::-34-.��-:t-- fl --F. NiD`—URr:ChiT Pl-NO FEES " J;� = �= - -395 00 -.: • : - 4_._. T 1:�%,GI, SiI OCR;Irl _ . •'j1-a=i-i TCT-,_ PRE -Hi LS t, ; mTA;L VullUICH,E R6 1S.,tji1 TCT'_ DUE .'SNL: -L: i 1S�21a04i RICHARD MARTIN; i01.'::`-344720- 44?2t- 464REFI UN .— YrAz SPECTACULAR 5Q 0 TOTAL-'REPAIDS [04. TOTrL VOUCHERS TOTAL DUE VENDOR 59.00 JOE. MCMANUS iai115210-441:;41-- PLNG COMM MTG-10/101 60.00 TOTAL r `.E - l)r! TOTAL VOUCHERS b0.00 TOTAL DUE vtPiOR V±am REGISTER PAGE: -51 DUE @¥:2/125@ X93 G&3c2A2T¥kJ S-IDS . K ■ I SE DESCRIPTION . FAT CHECK METRE!# 11 13a3 -4 55 3 5 m« 1939 calms e2 &e>-FARE 24,014. i"o 1125552-l-'55'32-- yk lIL �J-9417 @em nSM 602s38 . TOTAL PREPAID; .S Ilk 32ES 310,02Q.50 • TOT Az- DUE VEE S,RS MODERN OFFICE: m14 0 9 «w2 - i 8411 01D WALNUTgSavCASE 96,@ . TOTAL meQ3 .m . SaL3«E @EQ TOTAL D� ±27 TRA . SgSB w-m1- 00-1403-.1-42-3 63$-C F u «HaRI& .W 11,1171/19-98 3184 TOOTAL PREFAIDS 560. 001, . . s7L Ae»E .w 37:7 ±e+ .y m f R& 2lQ9 - S2 M3 yw� v-J 2 yW AL meQ3 . 284: V OUS \9.0 AL yEV TRE 2 9451.0f : S R \ . 22 zwlw- B me Seer &0 ly.w %.w meQ3 ,. IDT q2 2 • / 1y.S d122-#22- FFA s3«t&\a R.m .m T % SID : 3.M IDT« wEVPT MOR y.m • VOCCHER �D�SrEn PAGE� 1V �� THRU� 11/17/�98 - PREPAID � FUND/EEC 'A�CT-PROJECT-LC-T PO # lNVOlCE 3ESCRIpTlON AMOUNT DATE CHECK OFFIC;: DEPOT VV15]�+41�N— 7666/OPEN SUppLS-COMM SVCS 12.15 7666/DPEN SupPLS'cOMM SVCS V014"V30'412"iW— 7666/DPEN SUPPLS-CMGR 5.22 0014�YV-412O0-' 7666/OPEN S�:PLS'GEN 30V7 21.25 V015350'412O0— 7u6�/OP[� SUpP�S COMH GVCS 212,68 V014'%-4���0'' 766�/OPEN SU�P�5-CMGR 47.i6 0V14 PEN SUpPLC'[�3R 12.17 0V1551�'41�3� ' 7666/OPBW S�pPLS'PUB �3 51.47 V01551O-412�0— 7666/0PE& SLPPLS-PUG WKS V0153��'4�230- 7666/OpEN ��PPL6'COMM SVCS �.26 V015��5�-412O0 - 7666/OPE� SUpPLS'COMM SVCS 10.84 VO�4���'4120O- 7666/OP[N S�PPLS-FTNANCE 111.O4 V014o4O-412OO-- 7666/OPE� SUPPLS'CC�|� 27.70 VV�4V4�'41200-' 7666/OPEN SUPPLS-CCLK 125.84 0014o3O'�1230— 766�/OpE� SUpPLS-CMGR 5.22 VV\4O9V'412V0'' 7666/OPEN SuPPLS'0EN �NT'CR MEMO dV140�0'4l200— 7666/OPEN SUPPLcl-FINANCE-CK MEMO -75,78 VV1535V-4\2Oo- 7666/OpEN SUPPLS-COMM SVCS 3G6.54 VV4S5O-412O0— 7666/OPEN SUPPLS-FINANCE 5.33 �OL5510'41200- 7666/11PEN SUpPLS-PUB WKS 48.39 V01409O-412O0-- 7666/OPEN SUPPLS-� �NT � 181.83 WL535S'4120O- 7t66/0PEW SVCS -CR MEMO '42,78 VV14V95-41200— 7�66/OPEm SUPPLS-COMM PROMO 4.53 O0�4;4�'41230- 7666/OPEN 5UPPLS-CCLK 168,OV V014V9O 4�220-- 7874 �5325884 5-5DRALATERAL FILES 3'809.31 VV14VY5'4123�— 7666/OPEN 3UPPL5'COMM PROMO 5O.19 0;14005-4120o- 76,b6/O SLFPL-COMM PROMO -CR MEMO -4.53 VO15330'4625O— 7\09/8P[N LAMI��lNG SYSTEM 269.52 V015510-46220'- 7927 O5 9`711 2 HON 3 -DRAWER FILES 1'060.85 DIAL P8EPAIDS .N) TOTAL VOUCHERS .6,571.14 TOTAL DUE VENDOR 6`571.14 ESPERANI PARRA *}1'23OO2 - 48Y48 RtFND/DEPST-SUMTRD6E PRK 50.00 T0AL PRBPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50,00 ���A-I0N INO vv��--*�,Z�- �T�- ONE CHRSfIN SYS 41.811 T�AL PRE�IDS ,VV TOTAL VOUCHERG 41.81 VV1���-40893-' NON ADMIN � 43.Y9 11,117,11998 35185 VV1-211O3'- NOV HEALTH INS PREM - 8,705.44 11/17/1? 8 35189 0014090'4070— NOV-RETIRE COVERAGE 18,71 11/17/1998 35189 TOTAL PREPAID,; 8,768.l4 TOTAL VJUCHEPS .00 TOT�L DUE VENDOR 8,76�.14 � VOUZHER DUE THRU. 11 j,i7/1991.3 - PREPAID FUND/SECT'ACCT'PROJECT'��T PO # I�OlCE �ESCRIF�lON AMOUNT DATE CHECK KARE%; PBRlS 001-34780 R�REATION R��0 20,00 TOTAL PREPAIDS .VO TOTAL VOUCHERS 20 00 TOTAL DUE VENDOR 2O.00 PlLKERTON CONSUL,A�TS, lNC 001'2�C10- 8O76/81O19 I�SpECTN �/CS FPL 93'C6 �50.V0 T�TAL PREPAIDS .00 TDTAL VOUCH[RS TOTAL DUE VENDOR 150.0O POMONA UNIFIED SCHOOL DlSTRICT 0O15350-42140' 7528 99O37 I FACLITYRENr'SEPT-NOV 98 407.25 OO15��'4214O'' 7528 vv005'I FACILITY F�T'JUL'AUS 112. 50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 6VY.75 TOTAL DUE VENDOR 609.75 PRO TECH ENGINEERING CORPORATION 2505510-46412-�2598'4�412 7491 154673 TR SGNL-DB?.R_MNTFNO-QUAILS 54,NN.00 TOTAL PREPAlDS .VV TOTAL VOUCHERS 54,000.80 TOTAL DUE VENDOR 54,000.00 PURKISS ROSE'�Sl 0O1'2331� 74�8/9594 PLAN CHECK SYC-FPL 93'06 8O0.0O CO�-23O1V' 7854/9817 PROF SVCS'FPL 98'2 375.0O TOTAL PREPAIDS .V0 TOT�L �OU[HERS 1,175.00 TOT�� DUE VENDDR \,175.00 001521O-42110- 4021� T7! U.47 70AI rl=AI� .� TCT�L VOUCHERS 11.47 TCTAL DOE VENDOR 11.47 3RCC�RY COMPAN. 0:1��0-42325' 7687/4654� SUPPLS'TOWN HALL MTG-11/7 3O.26 O�133��-412S�- 7526 46572/*�539 P&R ��TINS'SUPPLS 26.4V 12��15-41200' 752� �6572/4�53° SUPPLS-SENlORS 28.87 TDTAL PREPAIDS TOTAL VOUCHERS 85.53 TCTAL DUE VE��� B5.53 RE�DY 0O1521O-44O00- 786� 0��42 TEMZ, SVCS'P'LN'_l'W/E 18/11 46Q.79 OO15210-4400O' 7869 049Y58 7�� SVC ~PLN8'W/E i8/4 506.80 `4 `6 W/E 9/6/98 506.8V TOTAL PREPAxDS .00 T8TAL VOUCHERS �`482.3Y �OTAL ISUE VEND0R 1,482.39 � - - - .. ,, .__ :� ,_,_ _ _ �;�L �L'�S=C'•-TC7CD AO it DUP THF;,!' 11: J' "'P4v` FU'NDISECT-ACCT-PROJECT-ACCT PO # INVOICE !E'C�TPTION PREPAID AMOUNT DATE CHECK REPRO -GRAPHICS PRESS 0014090-421110-- 7499 9371 BUSINESS CARD MASTERS 29.79 00140;0-42110-- 7499 '7356 BUSINESS CARD MASTERS 59.59 0014095-42110-- 8050 9370 COMM CALENDAR LETTERHEAD 452.55 TOTAL PREPAIDS ,00 TOTAL VOUCHERS X41,93 TOTAL 'DUE VENDOR 541,93 ROBERT F. DRIVER ASSOCIATES SPEC EVENT INS -7/1-9/30 675.00 1!/17/1998 35188 'i iAL F'REPAIDS 675.O0 TOTAL VOUCHERE b 001 52t 1 -44 - -- COMM - P` NG 4'?. M?G -9/22,10!13 120. 00 TOTAL 'F;EPAIDS 00 TOT.:_ Q 'r"�EF,: TOTAL DUE VENDOR 2.0. tic) EY TRIBUNE n'-` LEGAL AD -F -- - - __�_ - - A,. N: i`-: t4 r!-�:,:.,�? 2 VLP CODE 1`'.76 - ''iC-- L -DAL AL -FPL 98. 4=(14 - �- 5,-.00. -- = LES AL ' -FF - _ , _4.4- ol4.4R - - - tet,_. .L A...- iRES --pi_.__ C•=„i} 5._ . :” ._._ -- TV r. �4rrtE :9 iii :1; l�r� _ 351 14 44 TOTAL PP.EP'AIDS (r0 TOT^. v3uGHE = 75.2; TOTAL DU VENDOR ADVhIvE-STPT SRVL CONT n.. c;;i / 'J 7_,; . 11 1 1'; 98 �� ur 051 0 TOTAL PREF'^.' ri i .,S , , c,1l} . Qf) TOTAL VOUCHERS n TOTAL DUE VENDOR 720.00 RUN DATE: 11/121199^ 16:22:58 VOUCHER REGISTER PAGE: 13 DUE THF'": 11!17!1994 - PREPAID FUND/SECT-ACCT-PROJECT-ACCT PC # iNVOICE DESCRIPTIOP AMOUNT GATE CHECK STEVEN ENTERPRISES 0014' Six -41'2':{0 ;x;24 555h7 1Ci2,7` TOTAL PREPAiDS ,# TOTAL VOUrHEF'S 107,72 TOTAL DUE `VE 0R 10-,.. SUSWAY 0014(?'?C.T42=:25-- 'r: _,1'in PE? SJPPLS-NTGS4 CRN; S-11/:: 1;'.''5 U014: 3 42:':2..-- _ -UFPLS-TSR' FRCE MTG .'a'4 . T+C'TAL F'FEF'A S i_ TCT-_ `:Sur"Cr" 4,49;'.00 TLJC SkIC.-E-SN' -N-?i 10/3- 40C - Tr' 7 f L. Gill, 0i? TIT u i r:_ Vii',!: �ERS , 0 ulii- ....,,.4ni 1 �:��_ �;, _ _ 'ti -YL_t; - ,�.:{�..,. -Tj., F'lY,` r i - A,10,1 EE-.,: SR CNS sn-, +( !c_.J✓ :^rr: --v :�. 1i�1i/1,. = 351,2 TGT ;_ . uM _,-._ c)C� �':� iER rTCiCt.l — — — — — -- P'NO _ ... it_— 11111= i2i?,;1(T TOT vis'�CH.F.P;c: 121.00 TCTAL DUE VENIDI- iR ''i EUS REPL"! PERMT! FEES 21 29i;,i�i? TuTAt F;ErAISS .00 TOT, AL 'l,'OUCHEEh:—o 290.00 TOTAL DUE VENDOR 290.40 WARREN SIECKE 2505%0-46412-1-598-46412 7492/41x:'• TR SGNL-DBB@MNTFNO/QUAILS 10,461.00 OO 54-45222-- 4164 TRFC SIGNL CONSTRUCTION 800.50 TOTAL PREPAIOS ,00 TOTAL VOUCHERS 11,691.50 TOTAL DUE VENDOR 11,691.50 R!JN DATE: 11/12/1`? S 16:22:58- DTHRJ: i1;"-1/ °`�t _. PREPAID FUND )SECT -ACCT-PRO: EST-rCCT PU # INVOICE DE:EC :I"-'T' 1.'! AMOUNT DATE CHECY`•. WELLS FA i 0 BANV Cat714+'95-42s3i?-- ,�-. - ._---L`1=-= ;•�-�_-C,uR 0-7 bo.._ il?/199' 35i'1 0014v3U-41Gv-- ._ PSS- `,GR I)'.77 li;117/1998 35181 rU_L—N.. 21,'.k.! 1 :17/1998 35182 `i:l—HJir e__ 171 1. 11,.ilQi .014035-4233" I'--- -- - -} HUFF 1 :. i '173y 1,: O!, 14'.%._ R-_,.c-" :_7 LN!_ _•Jt _:t 00le,- 42:;;-- FL! '0, r_c .!c t7�998 1 's..,e.r:t ;.c tlil4: !1 - -- F .=-r�'. �:A 8.:... 7 tl;.'ii"' yclf = {? _�:it] i,_P'C tf .__ 4.._ 1 HER"L ph TOTAL Fh'Ef'i II- 1,41?.=_ _ V011" ryFGr f? } To" DUE VD-1111.7 754-17144t,2 TREE i^,T1hT - r: {„T [JYi.: ::-15 �'IiI110 .0,/1._ .J .' _... T;-,TA,,'-R .. 'AI := REF n.ii�. '- TOT' nUE VEN-'.=!F; 4,441'.0 WEST E-2 _. _ 4.':. ,•}:_. TR FTF'L UNlIRMS TCTAL "F RA ` — i,{? TOTA! !kn!,rH.pc 1—_.._ Q6.w. _ Tr!TA! DUE VENDOR qc: WET RRIK15 -)01409{--42320-- �,-ry 7L. 5K)l �r_,_!7 r fes, r �F:. CA ANN?!ATED CODES 25 1 .�.C3' TOTAL PREPAIDS .00 TOTAL VOUCHERS 125.{!" T'DIAL DUE VEND-OF; 12`.013 C,J!LTr;7MA RChjC! P.i :yC: sir_ ryfj (k(1 _. IA T7 pnnr, VU I r:�v F'Fpt;ik-P.i`�O'_ B0�F:1-;-!-., t'.= TCTA'. 'clri Ci: THE 'lORK STATION 7°?F,: COPY SERV�1i.r CI`; BANNKERS 11.5? TOTC- VOUCHERS TiiAL DUE':,ENIDOF' ll.li REPORT TOTAL PREPAIDS 15,968.16 REPORT TOTAL VOUCHERS 2,160 ,164.85 REPORT TOTAL 2 176,13.01 b PACE, 1 DUEE T4RU: 11/17;1998 PREPAID FUND /SECT-ACCT- PRO !ECT-ACC"PC # INVOKE D.-Sr ID17 ON AMOUNT DATE CHECK PAUL WRIGH1 RU[i.uVISv.A` SVC:;-11;3 28i?.ui TOTAL PREPAID5 ,00 TOTAL VOUCHERS 25, , 0' TOTAL DUE VENDOR 2121 XEROX CORPRATION 0014090-41200-- snEr, 166840944 STAPLE CARTRIDGE-XEROX 148. 30 TOTAL PREPAIDS ,00 TOTAL VOUCHEI'E 148.30 TOTAL DUE VENDOR 146.30 TZU YIH YANG :)U1-:s478i-- 26217 RECREATION REFUND 60.O0 TOTAL PREPAIDS .00 TOTAL VOUCHERS 60.00 TOTAL DUE VENDOR 60.00 REPORT TOTAL PREPAIDS 15,968.16 REPORT TOTAL VOUCHERS 2,160 ,164.85 REPORT TOTAL 2 176,13.01 b CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. `sem TO: Honorable Mayor and Members of the City Council MEETING DATE: November 17, 1998 REPORT DATE: November 10, 1998 FROM: Terrence L. Belanger, City Manager TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT TRAIL ACQUISITION AND DEVELOPMENT COMPETITIVE GRANT PROGRAM FOR THE SYCAMORE CANYON TRAIL PROJECT. SUMMARY: The City of Diamond Bar is submitting an application for the 1998 Los Angeles County Regional Park and Open Space District Trails Acquisition and Development Competitive Grant Program for the Sycamore Canyon Trail Project. The City is applying for grant funds in the amount of $157,000 in order to rehabilitate and enhance the current status of the Sycamore Canyon Trail. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. (1998) approving the application for grant funds for the Sycamore Canyon Trail Project. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) Ordinance(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification _ Bid Specification _ Other: Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments 1.14XTAI WATAMl11 Terren e L. Belanger City Manager r Anne M. Haraksin Administrative Assistant X Yes _ No X Yes _ No N/A _ Yes _ No _ Yes X No X Yes _ No Community Services Department CITY COUNCIL REPORT AGENDA NO. MEETING DATE: November 17, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: A Resolution of the City Council of the City of Diamond Bar Approving the Application for Grant Funds from the Los Angeles County Regional Park and Open Space District Trail Acquisition and Development Competitive Grant Program for the Sycamore Canyon Trail Project. ISSUE STATEMENT: Shall the City Council approve the Resolution and authorize the City Manager to submit an application for grant funds from the Los Angeles County Regional Park and Open Space District Trail Acquisition and Development Competitive Grant Program for the Sycamore Canyon Trail Project? RECOMMENDATION: It is recommended that the City Council approve the Resolution and authorize the City Manager to submit an application for grant funds from the Los Angeles County Regional Park and Open Space District Trail Acquisition Competitive Grant Program for the Sycamore Canyon Trail Project. BACKGROUND/DISCUSSION: The City of Diamond Bar is applying for grant funds in the amount of $157,000 from the Los Angeles County Regional Park and Open Space District Trail Acquisition and Development Competitive Grant Program for the Sycamore Canyon Trail Project. The acquired funding would enable the City to rehabilitate and enhance the Sycamore Canyon Trail. It is imperative that the trail be renovated in order to provide a safe route for pedestrians and to give the community the opportunity to enjoy and learn about the scenic, botanical canyons within the City. Currently, portions of the Sycamore Canyon Trail are dangerous, steep, and not adequately accessible to individuals with disabilities. The restoration of the trail includes the construction of switchbacks, smoothing of the trail, clearing of obstructions, and the extension of the wood fence along the trail. RESOLUTION NO. 98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT TRAIL ACQUISITION AND DEVELOPMENT COMPETITIVE GRANT PROGRAM FOR THE SYCAMORE CANYON TRAIL PROJECT WHEREAS, the people of the County of Los Angeles on November 3, 1992, and November 5, 1996, enacted Los Angeles County Proposition A (1992 and 1996), Safe Neighborhood Parks, Gang Prevention, Tree -Planting, Senior and Youth Recreation, Beaches and Wildlife Protection (the Propositions), which, among other uses, provides funds to public agencies and nonprofit organizations in the County for the purpose of constructing and developing at -risk youth recreation and service facilities; and WHEREAS, the Proposition also created the Los Angeles County Regional Park and Open Space District (the District) to administer said funds; and WHEREAS, Section 8(a)(3)(A) of the 1992 Proposition and Section 3(a)(2) of the 1996 Proposition have allocated funds for acquisition and development of land and rights-of-way for walking, hiking, horse, bicycle and handicapped access trails; and WHEREAS, the District has set forth the necessary procedures governing applications for grant funds under the Proposition; and WHEREAS, if the City of Diamond Bar is selected for a grant award, the City will be required to enter into a Project Agreement with the District for the performance of the project as described in the application. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY: 1. Authorizes the filing of an individual application with the Los Angeles County Regional Park and Open Space District for funds allocated under Section 8(a)(3)(A) of the 1992 Proposition and Section 3(a)(2) of the 1996 Proposition for the Sycamore Canyon Trail Project; and 2. Certifies that the City of Diamond Bar understands that it will be required to provide additional funding for the Sycamore Canyon Trail Project if the requested grant funds are insufficient to complete the said Project; and 3. Certifies that the City of Diamond Bar understands its obligation to operate and maintain the property in perpetuity; and 4. Certifies that the City of Diamond Bar will sign and return, within 30 days, both copies of the project agreement sent by the District for authorizing signature; and 5. Certifies that the City of Diamond Bar will cause work on the project to be commenced within 180 days after receipt of a fully executed agreement; and 6. Certifies that the City of Diamond Bar agrees and understands that the District may terminate the project agreement at any point if it determines that the project cannot be performed as described in the application; and 7. Authorizes the City Manager or designee as agent of the City of Diamond Bar to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of the project as described in the application. PASSED, ADOPTED AND APPROVED on this 17th day of November, 1998. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 17th day of November, 1998, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. ra -Sr TO: Honorable Mayor and Members of the City Council MEETING DATE: November 17, 1998 REPORT DATE: November 10, 1998 FROM: Terrence L. Belanger, City Manager TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT SENIOR CENTERS AND RECREATION FACILITIES COMPETITIVE GRANT PROGRAM FOR THE SENIOR CITIZEN CENTER PROJECT SUMMARY: The City of Diamond Bar is submitting an application for the 1998 Los Angeles County Regional Park and Open Space District Senior Centers and Recreation Facilities Competitive Grant Program for the Senior Citizen Center Project. The City is applying for grant funds in the amount of $400,000 in order to design and construct the Senior Citizen Center Project. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. (1998) approving the application for grant funds for the Senior Citizen Center Project. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) _ Ordinance(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specification _ Other: 1. Has the resolution, ordinance or agreement been reviewed X Yes —No by the City Attorney? 2. Does the report require a majority vote? X Yes —No 3. Has environmental impact been assessed? N/A _ Yes —No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Community Services Department REVIEWED BY: Terrence L. Belanger City Manager 4"*4k� - Anne M. Haraksin Administrative Assistant CITY COUNCIL REPORT AGENDA NO. MEETING DATE: November 17, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: A Resolution of the City Council of the City of Diamond Bar Approving the Application for Grant Funds from the Los Angeles County Regional Park and Open Space District Senior Centers and Recreation Facilities Competitive Grant Program for the Senior Citizen Center Project. ISSUE STATEMENT: Shall the City Council approve the Resolution and authorize the City Manager to submit an application for grant funds from the Los Angeles County Regional Park and Open Space District Senior Centers and Recreation Facilities Competitive Grant Program for the Senior Citizen Center Project? RECOMMENDATION: It is recommended that the City Council approve the Resolution and authorize the City Manager to submit an application for grant funds from the Los Angeles County Regional Park and Open Space District Senior Centers and Recreation Facilities Competitive Grant Program for the Senior Citizen Center Project. BACKGROUND/DISCUSSION: The City of Diamond Bar is applying for grant funds in the amount of $400,000 from the Los Angeles County Regional Park and Open Space District Senior Centers and Recreation Facilities Competitive Grant Program for the Senior Citizen Center Project. The 1992 and 1996 Propositions provide funding to be awarded on a competitive basis for the construction and development of senior citizen centers and recreation facilities. Collectively, these grants are known as the Senior Centers and Recreation Facilities Competitive Grant Program. The acquired funding would enable the City to design and develop a new senior citizen center. The City is applying for the grant request because the City needs a facility to house the Senior Citizen Program. The current facility, Heritage Park, is too small, does not provide adequate parking, and does not meet the diverse needs of the mature and adult population in the community. The proposed conceptual design of the Project entails the construction of a 11,100 square foot facility to be constructed at Summitridge Park. RESOLUTION NO. 98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT SENIOR CENTERS AND RECREATION FACILITIES COMPETITIVE GRANT PROGRAM FOR THE SENIOR CITIZEN CENTER PROJECT WHEREAS, the people of the County of Los Angeles on November 3, 1992 and November 5, 1996, enacted Los Angeles County Proposition A (1992 and 1996), Safe Neighborhood Parks, Gang Prevention, Tree -Planting, Senior and Youth Recreation, Beaches and Wildlife Protection (the Proposition), which, among other uses, provides funds to public agencies and nonprofit organizations in the County for the purpose of constructing and developing at -risk youth recreation and service facilities; and WHEREAS, the Proposition also created the Los Angeles County Regional Park and Open Space District (the District) to administer said funds; and WHEREAS, Section 8(a)(3)(B) of the Proposition has allocated funds for senior centers and recreation facilities throughout the District; and WHEREAS, the District has set forth the necessary procedures governing applications for grant funds under the Proposition; and WHEREAS, if the City of Diamond Bar is selected for a grant award, the City will be required to enter into a Project Agreement with the District for the performance of the project as described in the application. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY: 1. Authorizes the filing of an individual application with the Los Angeles County Regional Park and Open Space District for funds allocated under Section 8(a)(3)(B) of the 1992 Proposition and Section 3(a)(2) of the 1996 Proposition for the City of Diamond Bar Senior Citizen Center Project; and 2. Certifies that the City of Diamond Bar understands that it will be required to provide additional funding for the above-named Project if the requested grant funds are insufficient to complete said Project; and 3. Certifies that the City of Diamond Bar understands its obligation to operate and maintain the property in perpetuity; and 4. Certifies that the City of Diamond Bar will sign and return, within 30 days, both copies of the project agreement sent by the District for authorizing signature; and 5. Certifies that the City of Diamond Bar will cause work on the project to be commenced within 180 days after receipt of a fully executed agreement; and 6. Certifies that the City of Diamond Bar agrees and understands that the District may terminate the project agreement at any point if it determines that the project cannot be performed as described in the application; and 7. Authorizes the City Manager or designee as agent of the City of Diamond Bar to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, payment requests and so forth, which may be necessary for the completion of the project as described in the application. PASSED, ADOPTED AND APPROVED on this 17th day of November, 1998. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 17th day of November, 1998, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar CI?Y OF DIAI%ZOND BAR AGENDA REPORT AGENDA NO. Vin, TO: Terrence L. Belanger, City Manager MEETING DATE: November 17,1998 REPORT DATE: November 10, 1998 FROM: James DeStefano, Deputy City Manager TITLE: Amendment No. 3 to a Professional Services Agreement with BonTerra Consulting regarding Environmental Services for proposed VTM 52267 (SunCal) SUMMARY: BonTerra Consulting has requested an amendment to an existing consulting services agreement in order to compensate the consultant for additional environmental services provided to complete the environmental analysis of the proposed 130 unit residential development. RECONIlVIENDATION: It is recommended that the City Council approve an amendment to the agreement between the City and BonTerra Consulting in the amount of $2,810. EXTERNAL DISTRIBUTION: BonTerra, SunCal SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? _ Yes — No N/A Yes _ No g Yes _ No N/A _ Yes _ No 5. Are other departments affected by the report? _ Yes No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger City Manager lad*!(DeStefano Deputy City Mar CITY COUNCIL REPORT AGENDA NO. MEETING DATE: November 17, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Amendment No. 3 to a Professional Services Agreement with BonTerra Consulting regarding Environmental Services for proposed VTM 52267 (SunCal) ISSUE STATEMENT: This report requests approval of an amendment to an existing consulting services agreement with BonTerra Consulting in order to provide additional environmental services necessary to complete the environmental analysis of the proposed 130 unit residential development. RECOMMENDATION: It is recommended that the City Council approve an amendment to the agreement between the City and BonTerra Consulting in the amount of $2,810.00. FINANCIAL STATEMENT: Costs associated with processing the project are funded through developer fees paid by the project applicant to the City. BACKGROUND: In December 1996 the City entered into a contract for $83,645 with BonTerra Consulting to prepare an Environmental Impact Report for proposed Vesting Tentative Tract Map No. 52267. (SunCal) The City Council approved a $31,508 amendment to the contract in March, 1998 to augment the previously prepared environmental documentation. A second amendment in the amount of $3,950.00 was approved in August 1998 for an analysis of an additional alternative design. BonTerra Consulting has requested a contract amendment in the amount of $2,810 to compensate for additional environmental documentation tasks completed by BonTerra in order to finalize the environmental impact report. Z. 517.1IV James DeStefano Deputy City Manager attachments: Amendment No. 3 to the Consulting Services Agreement Exhibit "A" - Request for Budget Augmentation, dated November 5, 1998 FPOM : BONTERRA CONSULTING PHONE NO. : 714 444 9599 November 5, 1.998 Jim DeStefano Deputy City Manager City of Diamond Bar 21660 East Copley Drive, Suite 190 Diamond Bar, California 91765-4177 Subject: Nov. 10 1998 01:12PM P1 VW FAX AND FIRST CLASS MAUL (908) 961-3117 Request for Budget Augmentation for Additional Environmental Planning Services for SunCal Project VTTM No. 52267 Dear M►. DeStefano: Since our work on the EIR was completed when the CEQA Notice of Determination (NOD) was filed, we are preparing our final invoice for work Conducted to date. As we had discussed last month, BonTerra has been requested to complete assignments in support of City staff throughout the 22 -month duration of the CEQA Process that were not part of our original scope of work or budget. We have been keeping track of these additional work items, but have not billed the City for them, pending completion of the CEQA process. The sole exception to this approach was the additional work involving supplenww t oak tree surveys that the City agreed were necessary to properly assess the additional oak tree impacts from the proposed Lot 6 EIR Grading Alternative. The $1,820 cost of this work was invoiced to the City under the $3,000 contingency budget established by the City Council on March 17, 1998 when it approved a contract amendment for SonTerra Consulting to restart the environmental documentation for V1TM No. 52267. According to our project records, BonTerra has conducted the following additional work tasks over the 22 -month duration of the CEQA documentation process for the VTTM No. 52267 project: =Rum : BoNr_RRA CONSULTING PHONE NO. : 714 444 9599 Nov. 10 1998 01:14PM P2 Jim DeStefano November 5, 1 99 Page 2 Work Task/Assignment Attendance at Planning Commission and City Council Meetings Preparation of Women Responses to Public Testimony at each Planning Commission /Citi, Council Meeting Preparation of Draft and Final CECIA Findings/Statements of Overriding Considerations to Reflect Planning Commission and City Council Deliberations Preparation of Revised Mitigation Monitoring Program to Reflect Planning Commission and City Council Deliberations and Project Conditions Preparation of Responses to Letter from Attorney for Residents Against Irresponsible Development in Diamond Bar (RAID) Preparation of Final EIR Documentation in 3 -ring binder with supporting responses and mitigation monitoring program, etc. Total Additional Hours Expended Corresponding Labor Fees Contract Augment Requested Additional Hours Expended 4 4 6 5 7 4 30 $2,810 $2,810 We hereby request approval of a contract amendment for 52,810 be processed for the additional environmental documentation tasks completed by BonTerra Consulting for the for the SunCal V TTM. No. 52267 project. We have appreciated the opportunity.to assist the City of Diamond Bar with this challenging project. If you have any questions, please tali. Sincerely, BONTERRA CONSULTING t_ Thomas E. Smith, Jr CP Principal AMENDMENT NO. 3 TO THE CITY'S CONSULTING SERVICES AGREEMENT FOR PROFESSIONAL SERVICES IN CONJUNCTION WITH THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND RELATED ENVIRONMENTAL SERVICES FOR PROPOSED VESTING TENTATIVE TRACT MAP NO. 52267. This Amendment No. 3 to the City's Consulting Services Agreement is made and entered into this17� of November , 1998, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and BONTERRA CONSULTING (hereinafter referred to as "CONSULTANT"). A. Recitah- (i) The City has heretofore entered into an agreement with Consultant to provide consulting services in conjunction with the preparation of an Environmental Impact Report and related services for proposed Vesting Tentative Tract Map No. 52267 proposed by SunCal Companies. ("THE AGREEMENT" hereinafter). (ii) CONSULTANT has submitted a revised scope of work and proposed fees for the continued processing of the Environmental Impact Report for VTTM No. 52267, a full, true and correct copy of which is attached hereto as Exhibit "A" to provide Additional Services at a cost not to exceed.,&2.810.00 . (iii) It is in the City's best interest to extend the Agreement rather than request bids for the services in order to ensure consistency and continuity of the services already being provided by CONSULTANT. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section L' Section 3 of the Agreement is hereby amended to read as follows: "3. Compensation. City agrees to compensate CONSULTANT, and CONSULTANT agrees to accept in full satisfaction for the services provided for hereunder, fees on a time and material basis at the rates set forth in the original Consulting Services Agreement plus the revised Cost Estimate dated November 5, 1998, Exhibit "A" hereto, but in no event to exceed ONE HUNDRED TWENTY ONE THOUSAND, NINE HUNDRED 7; HIRTEEN dollars ( 1121,911-00) which fees include all labor, materials, printing and other costs incurred in connection with the project." RWARII.YMBONTERRAAM2 Section 2& Each party to this Amendment No.3 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No.3 shall be valid and binding. Any modification of this Amendment No.3 shall be effective only if it is in writing signed by the parties. Section 3. All other terms and conditions of the agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney ATTEST: City Clerk DATE: CONSULTANT: Tom Smith, President BonTerra Consulting Tom Smith CITY OF DIAMOND BAR Mayor FAMARMYMBONTERRAAM2 2 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO TO: Honorable Mayor and Members of the City Council MEETING DATE: November 17, 1998 REPORT DATE: November 12, 1998 FROM: Terrence L Belanger, City Manager TITLE: AUTHORIZATION FOR BUDGET ADJUSTMENT/ADDITIONAL PROFESSIONAL SERVICES FOR THE PLANNING DIVISION SUMMARY: The Purchasing Policy and Procedures Guidelines limits the authority of the City Manager to $10,000 for one vendor and to $5,000 if funds have not previously been budgeted in the account. The adopted City of Diamond Bar Annual Budget for Fiscal Year 1998-99 approved $247,800 for Salaries and $11,000 for Prohssional Services. This report requests authorization to transfer $20,000 budgeted for Planning Division Salaries to Planning Division Professional Services to augment the Planning Division through the first half of Fiscal Year 1998-99. Additional Professional Services are required until all vacant positions are Ned. The requested adjustment does not increase/decrease the total adopted budget for the Planning Division. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to transfer $20,000 from Development Services Planning Division Salaries (001-5210-40010) to Development Services Planning Division Professional Services (001-5210-44000). LIST OF ATTACHMENTS: Staff Report Public Hearing Notification Resolution(s) Bid Speci ication Ordinances) Other EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the Resolution, ordinance or agreement been reviewed NIA _ Yes _ No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? NIA Yes _ No 4. Has the report been revkw**d by a Commission? NIA _ Yes _ No Which Commission? 5. Are other departments affected by the report? WA Report discussed with the foWming affected departments: REVIEWED BY: Terrence L. Belanger L!Mno City Manager Depuly CAy Manager cAWPeW.M10KAY%QEN4IWraN -117 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. '7 1_ TO: Terrence L. Belanger, City Manager MEETING DATE: November 17, 1998 REPORT DATE: October 27, 1998 FROM: Lynda Burgess, City Clerk TITLE: Resolution No. 89-97L: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL SUMMARY: All cities are required to adopt conflict of interest codes designating certain positions participating in making decisions which may affect financial interests. Since adoption of the City's Code on October 3, 1989, amendments have been necessary to add new positions or delete obsolete positions. RECOMMENDATION: It is recommended that the City Council open the Public Hearing, take testimony, close the Public Hearing and adopt Resolution No. 89-97L to add the position of Development Services Assistant to the City's Conflict of Interest Code. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X* Yes —No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: *City Attorney prepared original Resolution --this effort changes the exhibits. REVIEWED BY: DEPARTMENT HEAD: Terrence L. Belan Lynda Burgess City M-nilger City Clerk CITY COUNCIL REPORT AGENDA NO. MEETING DATE: November 17, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Conflict of Interest Code for City Personnel ISSUE STATEMENT: All state and local government agencies are required to adopt conflict of interest codes designating certain positions making or participating the making of decisions which may affect financial interests. RECOMMENDATION: Open the Public Hearing, take testimony, close the Public Hearing and adopt Resolution No. 89-97L Amending the City's Conflict of Interest Code for Designated City Personnel. FINANCIAL SUMMARY: No financial impact. BACKGROUND: The City established its Conflict of Interest Code through adoption of Resolution No. 89-97 on October 3, 1989. Six positions were designated at that time to be required to file statements with the City Clerk disclosing interests in real property and/or "income and investments from businesses which provide or sell services or supplies of the type associated with the job assignment and utilized by the City." Since that time, various amendments have been adopted by the City Council for the purpose of establishing further positions or adding Commissions also required to file disclosure statements. DISCUSSION: Adoption of Resolution No. 89-97L would the add, the position of Development Services Assistant authorized by City Council adoption of Resolution No. 96-53F on March 3, 1998. PREPARED BY: r RESOLUTION NO. 89-97 L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL A. Recitals. (i) The City of Diamond Bar has heretofore enacted a Conflict of Interest Code for designated personnel. (ii) The Political Reform Act of 1974, California Government Code Sections 81000, et seq., requires the City to adopt amendments to its Conflict of Interest Code to ensure employees of the City are appropriately designated when new employees are added to The City or changed circumstances occur with respect to job functions. (iii) Pursuant to the provisions of California Government Code Section 87311, a duly noticed Public Hearing was conducted and concluded prior to the adoption of this Resolution. B. Resolution. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. In all respect as set forth in the Recitals, Part A, of this Resolution. 2. The City's Conflict of Interest Code, as heretofore adopted, hereby is amended by the adoption of a new Exhibit "A" setting forth designated employees and disclosure categories pertaining thereto. 3. Persons holding designated positions shall file statements of economic interests pursuant to Sections 4 and 5 of the Conflict of Interest Code. 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this 17th day of November.. 1998. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 17th day of November, 1998, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar ATTACHMENT A CONFLICT OF INTEREST CODE FOR THE CITY OF DIAMOND BAR The Political Reform Act, Government Code Section 81000, et. seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby. incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the City of Diamond Bar. Designated employees shall file statements of economic interests with the agency who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Upon receipt of the statements of the City Council, Planning Commission and City Manager, the agency shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Statements for all other designated employees will be retained by the agency. EMPLOYEESDESIGNATED CATEGORIES Accounting Manager 1,2 Administrative Analyst 1,2 Administrative Assistant 1,2 Assistant City Manager 1,2 Assistant to City Manager 1,2 Assistant Finance Manager 1,2 Associate Engineer 1 1 Associate Planner 1,2 City Clerk Communications and Marketing Director 1,2 Communications and Marketing Coordinator 1,2 Deputy City Manager 1,2 Deputy Director of Public Works 1,2 Development Services Assistant 1 Director of Community Development 1,2 Director of Community Services 1,2 Director of Public Works/City Engineer 1,2 Parks & Recreation Commission 1 Senior Accountant 2 1 Senior Engineer 1 Senior Planner 2 Superintendent of Parks & Maintenance Traffic & Transportation Commission 1 Transportation Planner 1 Treasurer 2 * NOTE: City Council, City Manager, City Attorney and Planning Commissioners are required to submit disclosure statements pursuant to State law (California Governme=nt Code Sections 87200, et. seq.), not this Code. ATTACHMENT B CONSULTANTS, AD HOC COMMITTEES, TASK FORCES AND SIMILAR GROUPS ** Commission Regulation 18700 defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: (A) Makes a governmental decision whether to: (i) Approve a rate, rule, or regulation; (ii) Adopt or enforce a law; (iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; (iv) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval; (v) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (vi) Grant agency approval to a plan, design, report, study, or similar item; (vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or (B) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of interest Code. ** With respect to consultants, ad hoc committees, task forces and similar groups, the City Manager shall determine in writing if a particular consultant, ad hoc committee, task force or similar group performs a range of duties requiring disclosure hereunder. That determination shall include a description of the consultant's, ad hoc committee's, task force's or similar group's duties and a statement of the extent of disclosure requirements. A copy of that determination shall be filed with the City Clerk and a copy forwarded to the City Council. Persons in this category shall disclose all interests in real property within the jurisdiction of the City. Real property shall be deemed to be within the jurisdiction if it or any part of it is located not more than two miles outside the City's boundaries or within two miles of any land owned or used by the City. Persons in this category shall disclose all income from and investments in the businesses which provide or sell services or supplies of the type associated with the job assignment and utilized by the City. In addition, as to any business entity in which the person or his or her spouse owns, directly, indirectly or beneficially, a ten percent or greater interest, the person shall disclose his or her pro rata share of the income and the sources of income of the entity if the entity provides or sells services or supplies of the type indicated in the first sentence of this paragraph. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 2L TO: Honorable Mayor and Members of the City Council MEETING DATE: November 17, 1998 REPORT DATE: November 10, 1998 FROM: Terrence L. Belanger, City Manager TITLE: REPORT FROM THE TELECOMMUNICATIONS TASK FORCE In August 1998 the City Council established a Telecommunications Task Force to review issues related to the siting and design of wireless telecommunications devices. Mayor Pro Tem Wen Chang served as Chairman and conducted six meetings from September 2, 1998 through October 28, 1998. The Task Force has concluded its work with the preparation of a draft Telecommunications Ordinance for review by the Planning Commission and City Council. RECOMMENDATION: It is recommended that the City Council refer the recommendations of the Telecommunications Task Force to the Planning Commission in order to prepare a final Ordinance for City Council consideration. EXTERNAL DISTRIBUTION: Task Force Members SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been Yes X No Reviewed by the City Attorney? 2. Does the report require a majority vote? X Yes No 3. Has the environmental impact been assessed? _Yes X No 4. Has the Report been reviewed by a Commission? _Yes X No Which Commission? S. Are other Departments affected by the report? _Yes X No Report discussed with the following Departments: REVIEWED BY: Terrence L. Belanger City Manager James DeStefan Deputy City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: November 17, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: REPORT FROM THE TELECOMMUNICATIONS TASK FORCE ISSUE STATEMENT The City Council established a Telecommunications Task Force to review issues related to the siting and design of telecommunications facilities. The Task Force reviewed current City procedures, examined development standards from several Cities and developed a Draft Ordinance for review by the Planning Commission and City Council. BACKGROUND Wireless telecommunication facilities are a land use utilizing antennas, microwave dishes, structures or towers to send and receive radio frequency signals. Telecommunication facilities have become a part of the landscape of the City. Nineteen facilities have been sited, generally along the freeway corridors, since 1991. A majority of the existing devices are located in commercial zoning districts and have been designed in a manner to be hidden from view. Notable exceptions include the monopole facilities located at Diamond Bar High School, a residential zoning district, and Walnut Pools. Telecommunication facilities utilize various technologies to transmit and receive voice and data messages through an antenna grid established by the communications carrier throughout a geographic service area. Common devices such as pagers and cellular telephones utilize an areawide system of strategically placed antennas to facilitate communication between subscribers. Communication companies such as Air Touch, LA Cellular, Nextel, Pacific Bell Mobile Services and Cox Communications have several facilities in the region. The facilities are commonly located to service a mobile workforce and are often placed in commercial areas or adjacent to roadways with a high volume of traffic. DISCUSSION The City Council enacted a moratorium on the placement of telecommunications facilities in July 1997 in response to growing concerns regarding the siting and design of telecommunication facilities within the City. The moratorium is scheduled to expire in July 1999. The City Council established a thirteen member Task Force to review and provide recommendations regarding the siting and design of telecommunication facilities. Through a series of six meetings the Task Force reviewed information on telecommunication facilities; identified the issues, reviewed locations. of existing facilities and potential sites within the City, and reviewed local and regional City standards regarding the placement of such devices. The Task Force crafted a draft ordinance for consideration by the Planning Commission and City Council. The Task Force concluded with recommendations to permit telecomunication devices within office, commercial and industrial zoning districts or upon locations identified on the City Telecommunications Facilities Opportunities Map. The Task Force outlined standards for review and placement of facilities. Generally, the facilities must be designed to architecturally integrate into the surrounding environment. Concealed antennas are preferred over freestanding facilities. Devices must be screened from view and incorporate setback distances from residential land uses. Co -location of facilities is strongly encouraged. The Final Report of the Telecommunications Task Force transmitted to the City Council contains the Draft Ordinance, Facilities Opportunities Map, meeting agendas, meeting minutes, attendance record, examples of wireless equipment installations, ordinances and data collected from various cities. The Task Force worked diligently together to identify the issues, opportunities and develop solutions for the placement of facilities within the community that are designed to integrate with the surrounding environment and improve service delivery. RECOMMENDATION It is recommended that the City Council refer the recommendations of the Telecommunications Task Force to the Planning Commission in order to prepare a final ordinance for City Council consideration. Attachment — Report from Telecommunications Task Force OA CITY OF DIAMOND BAii AGENDA REPORT AGENDA NO.: 2 G+ TO: Honorable Mayor and Members of the City Council MEETING DATE: November 17, 1998 REPORT DATE: November 10, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation. SUMMARY: At the June 16, 1998 City Council meeting, Council awarded the construction contract for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signals to Pro Tech Engineering in an amount not to exceed $159,700.00 and a contingency amount of $16,000 (100/o of contract amount). Due to changes in the field conditions and the opportunity to enhance the pedestrian circulation, it has become necessary to process change orders in excess of the approved contingency amount. The range of the original bids received is $159,700.00 to $248,300.00. Pro Tech's low bid of $159,700.00 is $44,700 lower than the second lowest bid of $204,400. The total contingency amount requested is $24,000 (15% of contract amount), which is an additional $8,000 to the original approved contingency amount. RECOMMENDATION: That the City Council increase the contingency amount from $16,000 to $24,000 for project change orders to be approved by the City Manager. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification X Bid Specifications (on file in City Clerk's Office) Other 1. Has the resolution, ordinance or agreement been reviewed N/A _ Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? N/A _ Yes e No Report discussed with the following affected departments: REVIEWED BY: Terre6cel. Belang City Manager James DeStefano Deputy City Manager vi G. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: November 17, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation. ISSUE STATEMENT To increase the contingency amount by an additional $8,000 for a total contingency amount of $24,000. The contingency amount is for project change orders necessitated by field conditions. RECOMMENDATION That the City Council increase the contingency amount from $16,000 to $24,000 for project change orders to be approved by the City Manager. FINANCIAL SUMMARY $250,000 has been allocated in FY 1997-1998 budget from Prop C funds. BACKGROUND/DISCUSSION At the June 16, 1998 City Council meeting, Council awarded the construction contract for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signals to Pro Tech Engineering in an amount not to exceed $159,700.00 and a contingency amount of $16,000 (10% of contract amount). Due to changes in the field conditions and the opportunity to enhance the pedestrican circulation, it has become necessary to process change orders in excess of the approved contingency amount. These change orders have been necessitated by field conditions such as additional sidewalk removal and replacement as well as additional crosswalk across the north leg of Diamond Bar Boulevard at Montefino Avenue. This has been deemed necessary due to the potential of significant pedestrian activity across the north leg of Diamond Bar Boulevard to and from the Post Office. This additional crosswalk also will require the need to shorten the median islands on both the north and south leg of Diamond Bar Boulevard. Also, to comply with current ADA standards with the projected pedestrian activity, both intersections will be constructed with handicap access ramps. Page 2 Diamond Bar Blvd. @Quail Summit/Montefino November 17, 1998 The total contingency amount requested is $24,000 (15% of contract amount), which is an additional $8,000 to the original approved contingency amount. The range of the original bids received is $159,700.00 to $248,300.00. Pro Tech's low bid of $159,700.00 is $44,700 lower than the second lowest bid of $204,400. Prepared By: Rose E Manela CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.:�,� TO: Honorable Mayor and Members of the City Council MEETING DATE: November 17, 1998 REPORT DATE: November 10, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Contract Amendment for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation Professional Inspection Services. SUMMARY: At the June 16, 1998 City Council meeting, Council awarded the inspection service contract to Warren Siecke for Professional Inspection Services for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation Project, in an amount not to exceed $15,732.00 with a contingency amount of $1,600.00. Warren Siecke's original proposal included approximately 3 hours of inspection per working day for the anticipated 64 working day project schedule. Due to the conditions encountered in the field, the inspection time required has increased to approximately 7 hours of inspection per working day. In order to provide adequate oversight, inspection and administration of this project, it is requested that the contract amount for this Professional Inspection Service be increased by $20,500 for a total contract amount of $36,232. RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an amendment with Warren Siecke for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation Project, in an amount not to exceed $36,232.00. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification X Bid Specifications (on file in City Clerk's Office) Other 1. Has the resolution, ordinance or agreement been reviewed x Yes —No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? N/A _ Yes _ No REVIEWED BY: Terrence L. Belang r City Manager James DeStefano Deputy City Manager avid G. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: November 17, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Contract Amendment for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation Professional Inspection Services. ISSUE STATEMENT To provide construction administration/inspection services for the traffic signal installation project on Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive. RECOMMENDATION That the City Council approve and authorize the Mayor to execute an amendment with Warren Siecke for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation Project, in an amount not to exceed $36,232.00. FINANCIAL SUMMARY $250,000 has been allocated in FY 1997-1998 budget from Prop C funds. BACKGROUND/DISCUSSION At the June 16, 1998 City Council meeting, Council awarded the inspection service contract to Warren Siecke for Professional Inspection Services for the Diamond Bar Boulevard @ Montefino Avenue and Quail Summit Drive Traffic Signal Installation Project, in an amount not to exceed $15,732.00 with a contingency amount of $1,600.00. Warren Siecke's original proposal included approximately 3 hours of inspection per working day for the anticipated 64 working day project schedule. Due to the complicated conditions encountered in the field, the inspection time required has increased to approximately 7 hours of inspection per working day. In other instances, the utility agencies did not provide adequate information about their underground facilities and were also marked incorrectly in the field. Some underground facilities encountered did not appear on any records. This has required the plans to be modified by the consultant and signal poles to be relocated to provide adequate clearance for their foundations. Page 2 Warren Siecke Amendment November 17, 1998 In order to provide adequate oversight, inspection and administration of this project, it is requested that the contract amount for this Professional Inspection Service be increased by $20,500 for a total contract amount of $36,232. Prepared By: Rose E. Manela AMENDMENT N0.1 TO THE CITY'S CONSULTING SERVICES AGREEMENT This Agreement (Amendment No. 1) is made and entered into this 17th day of Nov m r 1998, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and Warren Siecke Transportation & Traffic Engineering (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i.) The CITY entered into an Agreement, with Warren Siecke Transportation & Traffic Engineering to provide Professional Engineering Services, which the Agreement was dated June 18, 1998. (ii.) CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "C" to increase the contract amount by $20,500. 9 NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 1. A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The nature and scope of the specific services to be Performed by Consultant are as described in Exhibits `B" and "C" the Consultant's Response, dated June 8. 1999 And November 4. 1998 to the City's Request for Proposals." Section 2: Section 1. B. Level of Services/Time of Performance of the Agreement is hereby amended to read as follows: "B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibits `B" and "C." Section 3: Section 3 of the Agreement is hereby amended to read as follows: "City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "C." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Thirty Six Thousand Two Hundred Thirty Two I dollars ($36,232.00)." Section 4: Each party to this Amendment No. 1 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. IN WITNESS WBEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney ATTEST: City Clerk DATE: CONSULTANT: WARREN SIECKE TRANSPORTATION & TRAFFIC ENGINEERING Warren Siecke Principal CITY OF DIAMOND BAR Mayor CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. -_ TO: Honorable Mayor and Members of the City Council MEETING DATE: November 17, 1998 REPORT DATE: November 10, 1998 FROM: City Manager TITLE: Authorization for Purchase of Computer Hardware, Software, and Related Equipment SUMMARY: With the adoption of the City of Diamond Bar's FY'98-'99 Municipal Budget, the City Council allocated funds for the replacement of the City's aging computer equipment. Over the past few months, staff has carried out an extensive information technology effort that has included multiple levels of assessment, analysis, and planning. This effort has concluded with a recommendation to procure new, state-of-the-art computer hardware, software, and related equipment that will replace a mixture of outdated hardware and incompatible operating software. RECOMMENDATION: It is recommended that the City Council authorize payment of $156,000 to Dell Computer Corporation for the purchase of computer hardware, software, and related equipment; and $1,900 to the State of California for administrative fees associated with the California Multiple Award Schedule program. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: Action affects all City Departments/Divisions, which were represented by an in-house Information Technology Action Committee (ITAC). REVIEWED BY: 1 J A61.- V'v� Terrence L. Belang City Manager DEPARTMENT HEAD: X Yes _No X Yes _ No (N/A) _ Yes _ No (N/A) _ Yes _ No X Yes _ No iq Nelson Conitnunications and Marketing Director CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: November 17, 1998 REPORT DATE: November 10, 1998 FROM: City Manager TITLE: Authorization for Purchase of Computer Hardware, Software, and Related Equipment SUMMARY: With the adoption of the City of Diamond Bar's FY'98-199 Municipal Budget, the City Council allocated funds for the replacement of the City's aging computer equipment. Over the past few months, staff has carried out an extensive information technology effort that has included multiple levels of assessment, analysis, and planning. This effort has concluded with a recommendation to procure new, state-of-the-art computer hardware, software, and related equipment that will replace a mixture of outdated hardware and incompatible operating software. RECOMMENDATION: It is recommended that the City Council authorize payment of $156,000 to Dell Computer Corporation for the purchase of computer hardware, software, and related equipment; and $1,900 to the State of California for administrative fees associated with the California Multiple Award Schedule program. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes No by the City Attorney? — 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? (N/A) Yes _ No 4. Has the report been reviewed by a Commission? _ (N/A) Yes _ No Which Commission? — 5. Are other departments affected by the report? X Yes No Report discussed with the following affected departments: _ Action affects all City Departments/Divisions, which were represented by an in-house Information Technology Action Committee (ITAC). REVIEWED BY: Terrence L. Belang City Manager DEPARTMENT HEAD: i Nelson( Co unicatlens and Marketing Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: November 17, 1998 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Authorization for Purchase of Computer Hardware, Software, and Related Equipment ISSUE STATEMENT: With the adoption of the City of Diamond Bar's FY'98-'99 Municipal Budget, the City Council allocated funds for the replacement of the City's aging computer equipment. Over the past few months, staff has carried out an extensive information technology effort that has included multiple levels of assessment, analysis, and planning. This effort has concluded with a recommendation to procure new, state-of-the-art computer hardware, software, And related equipment that will replace a mixture of outdated hardware and incompatible operating software. RECOMMENDATION: It is recommended that the City Council authorize payment of $156,000 to Dell Computer Corporation for the purchase of computer hardware, software, and related equipment; and $1,900 to the State of California for administrative fees associated with the California Multiple Award Schedule program. FINANCIAL SUMMARY: Funding for the purchase of computer hardware, software, and related equipment has been previously allocated for this project via the FY '98-'99 Communications and Marketing Division Budget. As indicated in the Background/Discussion section of this report, the City will procure this equipment through the California Multiple Award Schedule (CMAS) Program. BACKGROUND/DISCUSSION: Project Analysis: Since its incorporation in 1989, the City of Diamond Bar has not always taken a consistent approach to purchasing information technology tools for Council and staff. While this method of procurement has provided the necessary equipment required, it has also resulted in a compilation of different hardware platforms and software configurations. Although, for the most part, the computer equipment that Council and staff have used over the years has been functional, it has not always been the most reliable or compatible, with regard to a true network environment. As the City's stock of computers and software has aged over the past nine years, the outcome has become predictable — obsolete hardware that is constantly breaking down; outdated and incompatible software packages; and an overall loss in productivity. These effects, combined with the prospect that some of the City's computer systems will fail to meet Year 2000 compliance, have prompted staff to take an appropriate course of action. After careful analysis by both in-house staff and an outside information technology consultant (see Exhibit A), it has been determined that the following general strategies should be adopted to ensure an enhanced, productive work environment: ♦ Provide, through the replacement of existing units, state-of-the-art hardware configurations (including servers, workstations, and network peripherals). ♦ Replace existing operating environments (e.g., Windows 3. 1, Windows 95/98) with a more reliable Windows NT operating environment. ♦ Standardize miscellaneous application software into a single, integrated suite of applications (e.g., Microsoft Office) for all end-users. Based on these recommendations, staff has created a information technology upgrade plan that includes the replacement of three (3) existing network servers with two (2) new network servers (including associated software); and the replacement of thirty-five (3 5) existing workstations with forty-two (42) new workstations (including associated software). Additionally, two (2) new portable laptop computers will be purchased to replace two (2) existing portable laptop computers (see Exhibit B). Procurement Process: To facilitate these general strategies, further analysis was carried out, and it was determined the City should purchase identical, integrated servers and workstations from a single vendor, whose products have demonstrated a high degree of reliability and compatibility. Additionally, it was determined that the selected vendor should have an excellent track record for service and support. The vendor that has been selected by staff, Dell Computer Corporation, not only meets all of the criteria stated above, but in many areas exceeds all other manufacturers- of computer systems that are currently on the market. In fact, this particular vendor is not only the number one computer manufacturer worldwide, its products and service record have consistently been rated over and above its competitors for the past several years by leading industry experts. Also, Dell Computer's prices are extremely competitive with other name -brand manufacturers, and are consistently priced below its competitors' published market prices (see Exhibit Q. Additionally, extensive research has indicated that other municipal agencies have successfully built networks around Dell computer components. Most notably, both the City of Brea and the City of West Covina have incorporated Dell components into their overall information technology plans. Under current purchasing guidelines, it is necessary to competitively bid a project to secure the best possible price for a product or service. However, under certain circumstances it is acceptable to make a purchase without bidding, when a cost -savings can be realized, demonstrating a distinct advantage to the city, and when conditions have been met that indicate the process can be implemented through a cooperative purchasing program. Specifically, the City's Purchasing Ordinance states... Purchases of supplies, services, equipment and the sale of personal property shall be by bid procedures pursuant to this chapter. Bidding shall not be required when one of the following conditions pertains: (a) The amount involved for purchases of supplies, services and equipment from a single vendor has a total estimated value of less than $1, 000.00 within the fiscal year. (b) Contracts for legal advertising. (c) An essential or critical need requires that an order be placed with the best available source of supply due to time constraints. (d) If, at the discretion of the purchasing agent, and upon a finding supported with written documentation, a distinct advantage is clearly in the city's best interest in regard to product uniformity, total cost of acquisition, and/or similar considerations. The city manager or his designee must approve such purchases that exceed informal bid limits. (Ord. No. 02(1995), � 2, 2-21-95); Sec. 3.24.110. Purchases without bidding. AND Purchases of supplies, services and equipment made under a cooperative purchasing program, utilizing purchasing agreements maintained by the state, county, or other public agencies, are exempt from the requirements of this chapter. California Public Contract Code Section 10324 authorizes the Department of General Services to make purchases of supplies equipment or materials on behalf of cities in those instances when the purchases can be made by the Department of General Services upon the same terms, conditions and specifications, at a purchase price lower than that which the city can obtain through its normal purchasing procedures. In those instances where it is determined that purchasing through the state, the county, or other governmental agencies will result in savings to the city, the city is authorized to make such purchases. (Ord No. 020995) & 2 2-21-95),, Sec. 3.24.150. Cooperative purchasing programs. The State of California's CMAS program addresses the requirements of the City of Diamond Bar's purchasing guidelines, with regard to a non -bid process, in that it allows for the City to participate in a cooperative purchasing agreement with the State and its selected vendors, and it also allows the City to procure information technology equipment at a price which is less than the vendor's own published market price (see Exhibit D). Specifically, as authorized by Assembly Bill 1727, the State of California approves the use of the California Multiple Award Schedule by local governments (i.e., city, county, city and county, district, or other local government body or corporation empowered to expend public funds) for both information technology products and services (personal computers, telecommunications, etc.) and non -information technology commodity products (facsimile machines, copiers, boats, etc.). As previously mentioned, under the CMAS program, the City of Diamond Bar will also realize a cost savings. Through the CMAS Program, the vendor (Dell Computer Corporation) will offer the selected computer server units at a price that is 6.5% below its own published market price. Additionally, Dell will offer the selected workstation units at .5% below its own published market price. In order to participate in the CMAS Program, the City is required to pay a 1.21% administrative fee to the State of California's Procurement Division (based on the total value of the purchase). However, these costs are negated because, through the CMAS Program, the vendor waives all shipping fees (which represent a substantial amount in additional costs). In conjunction with the City's purchase of computer hardware, software, and related equipment, the City will also be purchasing five additional desktop units as part of the Employee Computer Purchase Program. The Employee Computer Purchase Program has been developed as a one-time employee benefit. that provides employees with an opportunity to purchase a computer system for home/personal use. Under the terms of the program, permanent employees of the City of Diamond Bar will be able to purchase a computer for home/personal use, and pay for it in equal installments through a bi-weekly payroll deduction plan (see Exhibit E). The employee will be obligated to pay the entire cost of the purchase within a two-year period (including sales tax and interest). After conducting a survey of employees, it was determined that five individuals were interested in purchasing a computer under this program. Although the Employee Computer Purchase Program offers a special benefit to the employees, the city will also realize a benefit. This is because the employee will have the ability to utilize the same hardware/software at home as he/she uses in the workplace. Effectively, this could result in an increased familiarity with hardware/software, an increased opportunity for telecommuting, and an overall increase in productivity. PREPARED BY: Mike Nelson List of Exhibits Exhibit — Consultant Profile/Recommendations A-1 — Company profile: APR Consulting, Inc. A-2 — Review of Local Area Network and Recommendations Exhibit B — Product Descriptions/Specifications B- I — Product Hardware Description B-2 — City, of Diamond Bar Specifications Exhibit C — Vendor Profile 2K Comp/lance C- I — Company profile: Dell Computer Corporation C-2 — Year 2000 compliance statement Exhibit D — CMAS Pricin4 Information D-1 — California Multiple Award Schedule (CMAS) local government usage statement D-2 — Founding legislation (CMAS Program) D-3 — State CMAS contract with Dell Computer Corp. D-4 — Dell CMAS Discount Statement Exhibit E — Emolovee Computer Purchase Procrram E- I — Employee Computer Purchase Program Participation Agreement Exhibit A-1 Company profile: APR Consulting, Inc. Q) z ■ p,Lr) r, ■■ ■ Q U U f m�� ii■ ° C:) (� c-) c ■■ c + NM 00' 0, ■■ L- C) U - O x i3 NcnO�LL. t. C a N >. ai ■■ c N C O '1 4 G N c ■ ■ _ 0 r, >- t` O ■■ W a*0 r fig` C L) C' �C3 p� a CN v Q c a' a a, c �� o o =� ELX g/o ;n d E V C S c Cn E a s G cCOCO y m 0-0 a c �ME so UmQ0a00Co0>Q)Lu Ex Cao ca 2 on -mle E ca ■■ o im E u E 'p N p y u c c 0-0 a 0 o G ■■ U .Qa m yi c �a an o 3:- 3 m Lc c o c ■■ ■■ C, ii ■■ ■ ■ o U Q) z ■ p,Lr) r, ■■ ■ Q U U f m�� ii■ ° C:) (� c-) c ■■ c + NM 00' 0, ■■ L- C) U - O x i3 NcnO�LL. t. C a N >. ai ■■ c N C O '1 4 G N c ■ ■ _ 0 r, >- t` O ■■ W a*0 r fig` C L) C' �C3 p� a CN v Q c a' a a, c �� o o =� ELX g/o ;n d E V C S c Cn E a s G cCOCO y m 0-0 a c �ME so UmQ0a00Co0>Q)Lu Ex Cao ca 2 on -mle E ca ■■ o im E u E 'p N p y u c c 0-0 a 0 o G ■■ U .Qa m yi c �a an o 3:- 3 m Lc c o A71 .■ N v ° a E y .O O ■■ ") °o'y� ■■ _ o oNauy Ev.c 3' _ c ■ �' •y a H 'p p N W O C °w c aur ?.u� O O ■■ C `u a o° c oo a �T m� c Vaurua v°� O:�Q•yO 'OWE �� Eo CL 5 ■■ y v m u v m 41 Y} G1 p ■■ _ C. M c m ■■ r0 U- uii O$ o c v u ~ �■ cvc♦♦♦♦♦ C9 o1°u ■■ ■■ C c m o d m m °' ° c 3 �' o o �■ Cm Q O m 7« O E$ aa�� O 1■ N C o'S m m a C c ,°,t m o �'e as m o d a a ■■ d N 'a N C '= 7 CL N m m m a'6umc aYg yQm a� ao o �■ c°mOA >a0'�oa°►ta`► tA°p` > a �■ ='dva%mao9 ,w=0 cN$ � rn�c da o C m a f a >°• q -O o y 9 '3 N a1 O m 3 a c 1■ u r m a o _� C t c c y t .� c m a i■ m 3 0o 6 10 ,°, m ��■■ 3a► umN �`. 3 Y C 5. oNama ° +a mai 4) oad° °E° aN S>� E o20 p E o�t L°ot0O CZm amx35► . °cW3 au7 m 3 at a E r oo w c 25 I= - IN 3 1■ 1■ CD 1■ 1■ — y y c a °a o E o d �■ 1■ c a01 E°�►�V v°aa44z&.4 o m = S dc E m ■ _ ,•► ' p O .. m� a. a N a1 C 7 C '7 w Q E c m C C m d Q C o m O m =m ,G $ CL a a 'a 12 c C 1■ ur�E° mEa°mc��33 OmUP 0ow6°c. i■ 0 0 p E c r a m a1 F m 3 y Q 3 N v a M m E ,c �■ o Q �_o y E_ � v E o c°� � c 0, 3 0 c � c N E -E u; 0 ■ (� ,� E O 'p 0 u m c a o •� p 3 o a rn c Ti •° y u c O O' Qi > > c N y C' m >. 4 i■ EEw >.�aac°ESN a Q_ENymc� ■ Q W O i1 q ,C O a m> cUc c '� c ' m m O o y �■ 0 _ U C a o o �< Co Q 3 >°.3 O U v o y c CLCR ° � �■ c t -= a c oc o a o a �■ 4y `� E c m wx 0 o c m� m y p a L> m°> ul 00 Ti a •0000• 00• ��i••• CONSULTING INC. PRESS RELEASE FOR IMMEDIATE RELEASE CONTACT: Kathy Magel (714) 544.3696 kmagel@compuserve.com APR CONSULTING: CLOSING THE "SKILLS GAP" DIAMOND BAR, CA -- February, 1998 -= The ."skills gap" created by the shortage of Information Technology workers is increasing. According to a recent survey conducted by the Information Technology Association of America, there are currently 346,000 open positions, and over the next five years projected job growth will create 95,000 new positions each year. Companies are using a range of strategies to recruit, hire or retrain employees. The upward pressure of salary levels and compensation packages are making the IT labor market Recent Projects Developed a video conferencing software package for a global electronics corporation Provided a team of software engineers to develop an operating system for a new laser, based product used in the semiconductor industry Developed DSP software for a new product line of multiplexers Performed quality assurance and program testing supporting Year 2000 projects Designed enhancements to an integrated MRP client/server application for the aerospace industry Provided help desk support for a national insurance corporation very competitive. Retaining employees is difficult and nearly 40% of retrained employees leave within one year. For these reasons, companies are forming partnerships that offer an additional resource for finding experienced IT professionals. For more than 17 years, APR has created successful partnerships with many Fortune 500 clients in Southern California. By working closely with clients, APR gains a sound understanding of the clients' business and is better able to find consultants who not only have the required technical expertise, but also fit in with the clients' culture and work environment. APR places special emphasis on developing relationships with its consultants. By maintaining strong ties with its consultants, APR builds loyalty within its workforce, enabling it to retain employees over a longer period of time. Many of the 125 consultants working for APR frequently stay onboard from project to project. With the addition of 15 new clients in 1997, the Los Angeles Business journal named APR among the Top 50 women -owned businesses in Los Angeles. Specializing in the recruitment of contract and full-time IT professionals, APR services clients from three locations: Tustin, Diamond Bar and its recently opened office in Glendale. 22632 Golden Springs Dr., Suite 380 ■ Diamond Bar, CA 91765 ■ Tel (909) 396.5375 ■ Fax (909) 396-5377 17852 E. 17th St., Suite 205 ■ Tustin, CA 92670 ■ Tel (714) 544-3696 ■ Fax (714) 544-4587 www.aprconsulting.com A1,3 ��s� CONSULTING INC. PRESS RELEASE FOR IMMEDIATE RELEASE CONTACT: Kathy Magel (714) 544.3696 APR REPORTS RECORD GROWTH DIAMOND BAR, CA -- January, 1997 -- Fiscal Year 1996 was a period of dynamic growth for APR Consulting. With the addition of 10 new clients to an already impressive roster of companies, the Southern California-based, contract consultant agency showed a 40% increase in revenues and expanded its current workforce 50% to 110 temporary employees -- to keep in step with clients' needs. Significant projects included performing SAP training for IBM -- teaching nearly 75 classes at IBM manufacturing plants across the United States; supporting Aetna U.S. Healthcare's HP to IBM conversion; and for a software developer in the manufacturing industry, providing more than 15 consultants to migrate its existing MRP application to an Oracle, C++, Client/Server environment. In addition, the company was also selected by a major system integrator to support the project planning and development of a new Client/Server application for the utility industry. Strong growth was also achieved in the engineering services market. Northrop Corporation contracted APR to supply engineers to help design and build the Advanced Technology Transit Bus, and at the end of the project presented APR an award for outstanding customer service. APR continues to receive recognition for its business and community services. The company was named in the 1996 Top 100 women -owned businesses in Los Angeles, Orange County and the Inland Empire. APR's CEO, Linda Stone, was recognized as the 1996 Asian Business Association Member of the Year by the National Association of Women Business Owners in Orange County. The company has moved its corporate office to a new location at 22632 Golden Springs Drive, Suite 380, Diamond Bar, CA 91765 to accommodate growing staff. The office in Tustin continues to provide marketing support to its Southern California clients. Founded in 1980, APR Consulting Inc. provides Information Technology and Engineering contractors, consultants and a full profile of professional services to clients nationwide. www.aprconsulting.com IV# # (, / 000N R ••: *oos***CONSULTING INC. 00 APR Responds to IBM's SAP Training Needs When IBM selected SAP's R/3 client server software to handle the majority of its manufacturing operations, it needed to rapidly install the system in many plant sites across the U.S. Thousands of employees required training to implement SAP, and IBM's internal Education and Training organization was given that responsibility. The situation created a challenge for IBM: to quickly implement SAP, given the need for a large number of instructors in a short time -frame. "We just did not have the in-house instructor capability to train the thousands of IBMers who needed to learn how to implement and support the system," said Thomas J. Ruttkamp, Director of Education Production & Delivery for IBM. In order to meet the challenge of recruiting experienced professional SAP trainers, Ruttkamp's organization turned to APR Consulting. APR quickly began to screen and recruit experts who had both hands-on SAP experience and top quality instructor skills --not an easy order! APR used its database of more than 20,000 IS professionals to identify qualified instructors. Initially APR located 10 experienced instructors who became the core instructor group that got the SAP training started at IBM. "APR provided us with very qualified consultants who were genuinely concerned with customer satisfaction." Ruttkamp said. "A lot of companies can provide consultants, but there are few that will work with you to form a partnership. In addition to their impressive technical backgrounds, the consultants that APR provided were conscientious, reliable and easy to work with!" During the first year of IBM's training effort, APR conducted nearly 75 classes, training more than 1000 employees at IBM's manufacturing plant sites across the U.S. The training skills provided by APR's instructors enabled IBM to become productive immediately, saving time and money with its world-wide SAP implementation effort. "Working with companies like APR is a key element of the human resource formula for companies like IBM -- where staffing needs can be successfully supplemented with highly skilled temporary consultants," according to Ruttkamp. "Depending on our needs, we can have APR find us a candidate to fill a position for a day, a week, a month or a year. And their graduated fees, based on the skill level of the consultant, provide a great value to IBM." APR Helps Northrop Grumman Design Bus for the 21st Century R :�j••• (ONSULUNG INC. In late 1992, the Los Angeles Country Metropolitan Transportation Authority (LACMTA) chose Northrop Grumman of EI Segundo, CA to design and build the bus of the future. Northrop Grumman contracted with APR Consulting Inc. to help identify and place personnel to perform the job. The challenge was to create a lightweight, low -floor, low -emission transit bus using proven technologies developed in the aerospace industry. The new vehicle, called the Advanced Technology Transit Bus (ATTB), had to meet federal, state and local axle weight and clean air requirements, while also meeting or exceeding the requirements of the Americans with Disabilities Act. The first prototype, weighing 9000 pounds less than conventional MTA buses, was constructed of laminated fiberglass, a less costly version of the materials used in Northrop's B-2 "Stealth" bomber. Thirty-three highly qualified professionals, were placed at Northrop Grumman by APR to support the ATTB project. Most of these professionals were engineers who used a CAD system to develop the shape and configuration of the 72 -passenger bus. Other personnel placed by APR included mechanical engineers, electrical engineers and graphic artists. "APR was always eager to respond," says a Northrop Grumman manufacturing requirements •..;e specialist. "They were extremely responsive to our requests and we could always count on them to get the job done." APR was selected from more than 20 companies interviewed by Northrop and LACMTA. "APR was one of the few companies we used throughout the entire project," says Northrop Grumman's small business program administrator. During the rollout of the first prototype in October 1996, Northrop presented APR with two awards. One award recognized APR as one of more than 30 suppliers who supported Northrop in designing and building the prototype. The other award was for outstanding customer service. "APR went over and beyond what was expected in terms of providing the best customer service," says Northrop's procurement manager who presented APR its award. "APR was one of seven suppliers to receive such recognition." APR Helps Aetna Provide Health Care „ Services to 23 Million Americans R �•0'0 CONSULTING INC. Processing claims benefits to 23 million customers through 250,000 physicians and dentists and 2,300 hospitals is no small task. To centralize and streamline that process, Aetna U.S. Healthcare relied on technical professionals provided by APR Consulting Inc. "Computers are the central nervous system of our business," says Dominic Scolieri, business systems manager for the Loma Linda, CA health care firm. "We use them to manage every aspect of our business, from claims and referrals to enrollment data and patient management. As Aetna has grown through acquisition, it has faced the challenge of converting and integrating separate computer systems into one efficient centralized system. This work involves considerable applications analysis and conversion activities -- while continuing to manage the business using its existing systems. Scolieri turned to APR for systems experts knowledgeable about the health care business. These professionals provided continuity of operations of the existing systems, freeing Aetna to focus on projects for the new integrated system. But APR's services went beyond day-to-day operations to include analytical support for Aetna's HP to IBM conversion. "APR consistently found us qualified professionals who, as they gained knowledge of our business, used that knowledge to write data conversion programs for the new system, " Scolieri said. APR also provided analysis expertise across multiple health care applications, including: membership management, provider management, claims processing and a variety of health care financial systems. According to Scolieri, "The people at APR worked effectively with us. They helped identify our business requirements and assisted in communicating them to our IS experts. APR's contribution to our knowledge of the new system was significant. Thanks in part to the quality of their work, we have made great strides toward our goal of centralization." APR has also supplied critical resources to support Aetna's network and computer operations. During the past five years, APR has provided Aetna with more than 50 people including LAN administrators, computer operators, business analysts, help desk analysts and application programmers. ier health care providers," says Scolieri, "and "Aetna has grown to be one of America's prem APR has played a key role in our success." lq-1.7 Exhibit A -Z Review of Local Area Network and Recommendations Review of Local Area Network Plan and Recommendations 14-c� I. Overview..............................................................1 II. Objectives.............................................................1 III. Description of Existing Network ............................................ 3 IV. Description of the New System ............................................. 5 V. Recommendations.......................................................7 Attachment A - Existing Network Design Attachment B - New System and Network Design (Plan) CITY OF DIAMOND BAR Review of Local Area Network Plan and Recommendations I. Overview Network managers are always faced with the question of whether a high-speed network should -be installed or not, and if so, which one: Most network managers have designed and managed networks very well. These networks have been optimized to make the most of their network resources. Nevertheless, network managers continue to receive performance complaints from users and pressure from managers to "speed up the network". Furthermore, nearly all of them have at least one haunting "project from hell" which makes them wake up in a cold sweat after nightmares about implementing a high-speed network protocol. II. Objectives A. To migrate to Client Server Based Networks. B. To use operating systems that have the following features: 1. Extensibility or Modularity — the capability to add new module to all levels of operating system without compromising its stability. 2. Portability — the capability to run on both CISC and RISC processors. 3. Scalability — the capability to take full advantage of symmetric multiprocessing hardware. 4. Reliability and Robustness — the capability of the architecture to protect the operating system and its applications from damage. 5. Performance and Speed. 6. Compatibility — the capability to support MS-DOS, Windows 3.X. and UNIX based applications, as well as the FAT file system and a wide variety of devices and networks. 7. Security — certifiable security such as C2, Functional C2, and E3. ; r- 8. Operating System Hardware Compatibility a. Portability across families of processors such as the Intel x86 line. b. Portability across different processor architectures such as complex instruction set computing (CISC) (e.g., the Intel x86 processors), and reduce instruction set computing (RISC) (e.g., MIPS, DEC and Power PC). c. Transparent support for single -processor and multiprocessor computers. d. Support for distributed computing. e. Built in networking. f. Industry standards compliance such as IEEE Portable Operating System Interface for UNIX (POSIX). C. To standardize Applications Software. D. To provide Remote Access Services — capability of the remote users to access the network, download data, print a file and receive emails. E. To set up an E-mail Server — a solid messaging foundation that provides scalability, reliability, security, high performance and availability. F. To have a Backup System — to be installed on an isolated area and has the ability to do backup scheduling and remote backup. G. To provide Virus Protections — Virus protection and removal H. To set up Print Servers — HP Jetdirect Print servers I. To set up Fax Servers — a centralized client/server based fax program that allows you to send and receive faxes from local workstation while managing all fax services from a central location. J. To provide Modem Sharing — allows users to use and share modem on the network for sending fax. K. To standardize TCP/IP protocol on the network. L. To provide state-of-the-art hardware configurations (PC System, Host Servers, Workstations and network peripherals.) 2 A_02-�' III. Descriptions of Existing Network A. Overview The existing network is running on different platforms. SCO UNIX is a Host Based Server that can be connected through Ethernet and serial. Windows NT Server is a client/server -based server. Artisoft LANtastic 7.0, Win3l1, Windows95 and Windows NT workstation are peer-to-peer network. Ethernet hub and network can support up to 100 MBPS. However, existing network still has 10 MBPS network adapter. B. Environment: 1. Hardware Systems Hardware ranges from CPU 386 — 40MHz with 8MB (30 pins) memory to Pentium CPU 166 MHz with 16mb (72 pins) memory. 2. Software a. WordPerfect for DOS and for Windows 3.11, Windows 95 b. Microsoft Excel for Windows 3.11 and Windows 95 c. Eudora Email Software for Windows 3.11 and Windows95 d. Netscape Browser for Windows 3.11 and Windows95 e. Lotus 123 for DOS and Windows 3.11 f. Xtramail for Windows 95 g. WildCat for DOS and Windows95 h. Program running under UNIX environment (Ethernet and Serial) 3. Network a. Network Operating System i. SCO UNIX System ii. XENIX System iii. Windows NT Server 4.0 iv. Windows NT Workstation 4.0 v. Windows 98 vi. Windows 95 vii. Artisoft Lantastic 7.0 viii. Windows 3.11 ix. DOS6.X 3 tr b. Network Systems Hardware i. Intel Express 220T Stackable hub 24 ports (10/100 MBPS) ii. Network Interface Card PCI (100 MBPS) iii. Network Interface Card ISA (10 MBPS) iv. Cat 5 UTP Cable (100/155 MBPS) v. Multi -port Serial device for XENIX system c. Network Protocols i. TCP/IP IP Address — Subnet Mask Address — 255.255.255.0 (class C) Gateway Address — Primary DNS — Secondary DNS — ii. Netbui/Netbios (Lantastic Protocol) 4. Communication Media a. US Robotics modems 56 KBPS for dialup 5. Home Page / Internet Provider. a. Internet Home Page (City of Diamond Bar) httl2://www.cl.diamond-bar.ca.us b. Internet Service Provider (ClubNet) htlp://www.clubnet.net 6. Backup System a. Backup device — xabyte drive with 8mm -tape cartridge. b. Backup Software- NovaBack software for Windows 95 7. Systems Security a. IP Security through Firewall b. LAN Security 4 8. Virus Protection a. McAfee Virus Removal IV. Description of the New System A. Overview The new network plan will make the network better and play better. It works better by making it simpler to access the files, emails and print services locally or remotely from the Domain Server. It features improved performance and reliability. It also provides better system performance because the operating system is compatible with the state-of-the-art system, monitoring utility, multiple levels of security and better management. B. Environment 1. Hardware a. Workstation configurations i. Pentium II CPU 300 MHz ii. 64 MB Memory SDRAM (168 pins) iii. at least 4 MB PCI Video Card iv. at least 3 GB IDE Hard drive b. Server Configurations i. Pentium 11 400 Mhz ii. 256 MB Memory SDRAM (168 pins) iii. at least 4 MB PCI Video Card iv. at least 10 GB SCSI Hard drive 2. Software a. Application SmartSuite- includes word processing, spreadsheets, presentation, database access, sending and receiving emails. b. Mail Server Software - a solid messaging foundation. Microsoft Exchange Server 5.5 is scalable, reliable, and secured. It offers high performance and high availability. It allows you to choose the protocols and clients that are best for them into a single protocol environment. It is also backed by a service and support organization that can manage your needs from the department to the enterprise. c. WildCat (BBS Software) and Xtramail for Windows NT d. Eudora Pro for Windows 95/NT e. Netscape Navigator for Windows 95/NT f. Program running under UNIX environment (Ethernet) 3. Network a. Network Operating System i. SCO UNIX Platform ii. Microsoft Windows NT Server 4.0 —Domain Server iii. Microsoft Windows NT Workstations 4.0 iv. Microsoft Windows 95/98 ( optional) b. Network Systems Hardware i. Intel Express 220T Stackable HUB (10/100 MBPS) ii. Network interface card PCI (100 MBPS) iii. Cat 5 UTP cable (100 MBPS) 4. Communication Media a. US Robotics modems for dialup services b. CISCO router for WAN and Internet Access 5. Home Page / Internet Service Provider a. Internet Home page ht!p://www.ci.diomond-bar.ca.us b. Internet Service Provider (C1ubNet) h=://www.clubnet.net 6 A c•U 6. Backup System a. Backup Device —SCSI device with 8GB capacity 4mm tape cartridge b. Backup Software- provides end-to-end remote client to server data compression and local server compression. If the tape drive does not support compression or hardware compression is disabled, Areserve will compress data. It enables high-speed image backup of volumes by streaming data directly from disk or tape, bypassing the file system. The user can restore by image or file -by -file. When restoring by file, individual files and directories.can be selected in the restore operation. When restoring by image, the contents of the entire drive backed up are restored. 7. Systems Security a. IP Security through Firewall b. LAN Security certifiable security such as C2, Functional C2, and E3. c. Multiple level of security 8. Virus Protection and Removal a. Virus protection and removal for Domain Servers and Workstations. V. Recommendations A. Overview The MS Windows NT Networks is a powerful 32-bit desktop operating system, with a focus on performance, security, and manageability. B. Environment 1. Hardware a. State-of-the-art PC Configuration (DELL desktop) 2. Network Operating System a. Windows NT 4.0 Server is the easiest server operating system for your most demanding business needs. Its integrated networking, application, and communications services provide the best network foundation for the future. 7 b. Windows NT 4.0 Workstation is the most powerful 32-bit desktop operating system, with a focus on performance, security, and manageability. This desktop operating system is recommended for business of all sizes. 3. Applications Software a. Microsoft Office 97 - includes Microsoft Word for word documents, Microsoft Excel for spreadsheets, Microsoft PowerPoint for presentations, Microsoft. Access for database and Microsoft Outlook for sending and receiving emails. Microsoft Exchange Server 5.5 - a solid messaging foundation. Microsoft Exchange Server 5.5 is scalable, reliable, and secure. It offers high performance and high availability. It also allows you to choose the protocols and clients that are best for them into a single protocol environment. It is backed by a services and support organization that can manage your needs from the department to the enterprise. c. Cheyenne Areserve for Windows NT - provides end-to-end remote client to server data compression and local server compression. If the tape drive does not support compression or hardware compression is disabled, Areserve will compress data. Enables high-speed image backup of volumes by streaming data directly from disk or tape, bypassing the file system. The user can restore by image or file -by - file. When restoring by file, individual files and directories can be selected in the restore operation. When restoring by image, the contents of the entire drive backed up are restored. d. Cheyenne Fax Server for Windows NT — is a centralized client/server based fax program that allows you to send and receive faxes from local workstations while managing all fax services from a central location. It supports Windows Messaging, Exchange, Exchange, and Outlook, as well as any MAPI compliant e-mail application. e. McAfee Virus Protection and Removal for NT Server and NT Workstation — provides complete desktop protection with an array of scanning features that keep your system clean, mean and virus -free. Using only the latest technology, VirusScan detects 100 % of viruses including floppy disks, Internet downloads, e-mail attachments, Intranets, shared files and network servers. X% -g. 70 4. Network Protocol a. TCP/IP Transport Core Protocol Internet Protocol allows users to connect to the Internet and to machine running TCP/IP and providing TCP/IP services. b. Advantages over other protocols: i. Provides connectivity across operating systems and hardware platform. ii. Provides access to the Internet. ill. Provides a routable protocol. iv. Supports SNMP. v. Supports DHCP. vi. Supports WINS. 14;.)l Attachment A A.Existino Network Design LComouler Room Pdcfi Pend 1 -------------------------- --- ------------ ---------------------------------------- I I I i t I I o r�..,q I I j I ,mss I I I I I I I 1 I I I I j I I �. Ems..220r t I ...ego` I I sm UNX BOX x,.. -------------------------------- - - ---------- IP Addmw 206.12x.157.250 I I.,..a... m I I I t I -- XF-w Box mo I I I I I I 1 WhMows NT 4.0 Sava modem Wkwowso5 03W nwdem WuKwfmm DOS Sawd I Computw Nome: City BBS Compuw NanwDW Mail save LsntomDw�Senar� t t I I Address -"-120.151.220 B��d256�26a z� 0 Sir Mask25 � 2566..10 F ° I Subnot Muk255.255.255.0 Primary ONS206.125.128.2 Primwy DNS:200.126.126.2 Pcond y DNS: 0.120.1224. I 1 I I Seowrday2DD.126.224.2 SeoaWaypYS:206124.224.2 ( I SsowW wy ONS:206124.224.2 BBS Sdbwa: Wkied V5.0 Gatwmy. 206.120.157.253 Gobway200.120.157.253 Gebwsy206.120.157.253 SMTP mad.cl.diamard4w.ca.us I I BBS Sdkwm: Wildcat 5.0 i 1 Bo*w Sybrn: En6yb66M I I 1 I p BsdwpSdtvvare:Naobw* I I I I I I I I I ^ I I WindowsW W Laraastio v.7.0 WwKkms NT Wotkssaeons 4.0 ,a I Compubr Nome: MI82 Campubr rwm:NetMpr i IP Address:206.120.157.232 IP Addrow 206.125.157.2M t IP Addrop:208.128.151.220 IP Addrem:206.126.151.220 Subnot Madc255.255.255.0 Subnot Mask255.255.255.0 Primary DNS:206.126.128.2 Prirtwy DNS:206.120.128.2 Sewndwy DNS206124.224.2 Secondary DNS205124.224.2 I 1 Gsbway 208.128.157.253 Gateway 206.126.157.253 t I t ( I 1 I 1 I I � io+wr I ,o.mu wa or Wkxbws95 Nod Le ','v.7.0 HP LasaW Print Sww Mib Nobm TCPAP Cphrxsyon IP Addrws:206.128.157.203 IP Adasas:205.126.157.252 IP Addrses208.126.151.220 Subrwt Mask255.255.255.0 Rim" ONS200.126.128.2 SecaWwy DN5:206124.224.2 Gsbway 206.128.157253 OD computer Room Patch Panel 1 r— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -------------------------- ------------------------i I 1 r — — — — — — — — — — — — — — — — — — — — — — — — — — _ — — — --------------- W. — — — — — _ _ _ _ _ _ _ _ — I 1 it 1 I I I II I I I I II { I I I II I ! I I II i I I i it I I 1 I 11 I t I I II 1 I i I II I ! I 11 1 I I I 11 1 I 1 �I II O I I wno I I 1 Wbdowe 3.11 vW Lanteatic W indowe05 vWLanhubc v.7.0 —P— C—pular N—..Pa&AW Compulr Narmarea1 1 I IP Addraa:208.128.157.230 IP Addmo:200.125.157.234 I I I I sur not MMtc255.255.255.0 1 1 1 I Primary ONS:206.126.128.2 I I 1 Secondary ON6 205.128.224.2 Gatevwy 208.128.157.253 { I II ! 1 11 I 1 II I I II ! I II 1 t II I i 11 I I II I 1 11 I I 11 I I 11 ! I I I IJ 1_J I I I iornew ia�m I l I ow Window*95 wt Lark v.7.0 Computer NWW..BM*2 IP Addms:208.125.157.235 Subnet MMk255'MIS '255.0 Primary y DNS:206.126.128. Secondary DNS:206.126.224.2 Gateway 206.126.157.253W" Nelson IP Addras:206.125.157.203 I .vow WindowaW w/ Lar tesOt v.7.0 Camprbr N*nw.Brae4 IP Addras:206.128.157.243 Subrwt MMk255.255.255.0 Prwwry DNS.205.120.1252 Secondary ONS208.128.224.2 Gatevw. . 205.126.157.253 &---M Stete Dos SaW Enw onnwnt Wirdowe65 W LaMaatie v.7.0 Computer Nams:B a3 { F Addrass:205.128.157.235 SUbnet MuWc255.255.255.0 1 Primary ONS:208.126.128.2 Secondary ONS:205.125.224.2 Gateway 208.128.157.253 I ( I { { I I I I { { t { I { ( { { I Windows3.11 vd lantesic v.7.0 Computer Nww.Q .v%s r AOdfM=-120:167.2M Suenet Mask255255.255.0 .,O�—tT - 1 to cmepuex Roma I--———————————————————-- ----------------------------- I toxams....------------------------ ( I I I Ir—I-------------------— — — — — — — — — — — — — — — — — — — �_; ------ II- - - - - - - - - - - - - - - - - - - ------------------------� I I i t Patch Panel 1 I f 11 II If IE ��it II II it II 11 I 11 it 11 I i 1 I V. Finance Division 1 1 I{ II II {I 11 it II II li I II it it II I 11 it II II OW II I it 11 i 11 toxsnc W4rdovre311wAAnobdiev.7.0 WUWowa311w/I.antlnticv.7.0 mxam Comp *f Neme:FinMpA CampLrW Name:FWftr2 1 IP Addrecc:208.120.157-725 IP Mdreee:208.128.157.223 I j 11 � II I it II I it I; I II I� I II II I 11 II 1 it 11 I II fi i it if I II II I II II i it li I it 11 i it II I it 11 I II 11 I LJ Q eIi'f" i — I tc xemt Wmdows311 vdLomaaoc v.7.0 Finance I Compueer Name:FinMW310 xam 1P Adt4eec208.128.157.250 ec IP Addre:208.128.157.228 I I I i I Unix Pinder to Compul r Room Path Pants 1 rr — — — — — — — —.— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — T l ----------------------------------------------- ill ----------------------- ---------------------I III illi { III III I 111 Illi I III Illi i III I l l i A City MarNKMS I I Ilii I ill Illi I III Illi i III IIII i I11 IIII I III Illi � I III Illi I III Illi I 111 IIII I III III — — 111 Itl III Windows 3.11 vd Lw*ubc Windows 3.11 vd lantmobc t Compubr Nome:CltyMprl Compuler Nome CkyMpd I I IP Address:2DB.128 157.210 IP Address:20t1.128.157.202 11l III Ili I11 111 III Ili III Ili III ill III Ill III Ill III Ill III ill III Ill ill Ill 111 Ill III Ill III II i! 1 I-- Nludows 3.11 w Lantasbc WirWows 3.11 Wd LantooW +� I I ComputerNams:CkyMpf3 CompRxNo :CityMpr4 IP Address'". 126.157.202 Probed: Nelbui ! I II II 11 II II II I! II II II II II 11 II II � Q II WiKkpws3.11vALantmoc Windows 3.11WdLanLntic �wrrwr I i Compurr Namrctfsecl Compraar Norw CkySec2 I IP Addreas:206.125.157.210 IP Address:209.128.157.238 i I I I I i I I I i I I l I I I w ows Windows 3.11 vI Lantowbo ,p —no" Wbrdows 3.11 W1 Lanlaatic wr ow Compubr Nams:CiljSw3 Cornpuler Nww.CounrA IP Address:200.120.157.231 IP AddrsK:206.128.157.208 ro Canoabr Roan Patin Pans11 ---------------� i I I Windowa311 rw Lanbauc Wmdowa311 w/ Lanhauc Campabr aama: Clnkl Compubr a.m.: Cala P Addpn&200.120.157.211 IP Addnm :205.128.157.212 I I I I t t I I I CDROM 1,7 t IP( t i 1o�aP. Wpdow4311 w/ Lah, t c Compal« 00.12: 2 IP Addns:200.128.157..157.233 scamw ,,4-9. )7 F-1 ooaeo. to computer RM Internet ServileHUB! Provider loon*" t _---------- — — — — — — — — — _______ ____________ If�'r—T--------------------- II ijl I I II 111 i i II I I i I I I III 1 WComputer ffxkmsS.1 1�•CcMrn Dwl 1 III 1 Probed: NOW 11 Ijl I II 111 i 11 III I � 1,x3 II 111 I _ �1 111 i Fwtswvw II III I III aamq Wi 11/13os Mdleriwde v.7.0 HP Lasw)et III PnntSWM. Fox Sow j I III and CDROM .her" jI 1 Prom Nee moeve II 111 II III II III I 1111 �''� j II III L—J II I� I - - 1221� A — — 11 I I Wedaws3.11/Dos wllwrtaoc v.7.0 HP Larwist III I I I Computer Name:ComDev2 Print 1 I I i IPAddrese2W1 8157.214 1 i I 1._I II '� II 11 I ( Werdows3.11/13os vWlergasbc v.7.0 I 1 Camputer Nsrrwc4ommDev4 IP Addm"i2W.120.157.240 II I II I II I II I II I II 11 I (� i I 1_J II I II I W irrdows3.11/Dos vAmits0c v.7.0 I Computer NWw:CommDsv7 1 IP Addres:21WI2e.1s7.xie II 11 11 II Windows3.lUDos M imrftx ie v.7.0 Computer Nwrr:PabvmW IP Address:2W.128.157.2W I M_ wirdawe3.111Das w kwdms la v.7.0 ConrpAw Nwrw.PubWorks5 — ------------------------1111 1111 II 1 I I 1 1 II 1 I I 1 1 II 1-1 I 1111 II — 1 11 1 I I I Windowa3.11/Dos vdkrrWbc v.7.0 1 I I 1 1 I I Computer Nw wCasb2 ( 1 1 1 ashl IPAd Protocol; I 1 I I I Win4ovrs3.11/Dos vdterftabc v.7.0 I 1 1 1 Computer IP Addrsc2ee.12e�42 I 1 1 I I II I 1 I 1 II We,dows9.11/Dwvdl.r4awcv.7.0Computer I I IP Addrass.� 28.157.227 I I II j E�1 1 I 1 II it �1 I 1 Windowa3.11/Dos vdlarWs be v.7.0 I I I Computer No DmG I I IP :zoe.i20.157.�a I I I II I i I II 111 II 1 1 HP Lass" III Windows3.111Das vWIantesdc v.7.0 I 1 i I Computer Nwrre Pubwwk4 I I I Print Server II 1 I 1 WindoMs3.11IDos vdterrssatie v.7.0 1 Complier NorwBulkll IP AWress:2W.128.157.2B I it I it I I I I WirWows3.11/Dw wUrftstic v.7.0 Cwnpmr N rfw.au*c 1 IP Addrasa:200.126.157.22B I Ii I I I I FEDII II ,� I __fm Wm4ows3.111Uos vAudesoe v.7.0 I Computer NwrwPubwwkl 1 Piabeol:NeW I 1 WbrdassS.1I Veit wltenlinbc v.7.0 Computer Nams:PubWorkB ,Ioz'le Legends: FI -D-1 Ndwork Sarver Nalwat Nwrkstalion sC■o uNoc Box pwd Parol . _ sre�elOr' . 100buoT UTP Cable ism Srrviet Provide 10baeeT UTP Cable v WON plait http://205.162.87.49/mail/fpuyat.n... 05da 1 cb/SFILE/att 1.txt/Citycom.txt ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ User Computer Speed Brand Drive CPU Memory ------------------------------------------------------------------------------ Jim DeFriend Netmgr 166 COMPATIBLE 1 Gb 586 32MB Terry Belanger Citymgrl 120 COMPATIBLE 1 Gb 486 32MB Devin Carillo Mis2 133 COMPATIBLE 1 Gb 386 32MB Lynda Burgess Clerkl 66 DTK 1 Gb 386 16MB Council Council 66 NEW TEC 200 486 16MB N/A Image2 133 COMPATIBLE 1 Gb /2 Gb 586 32MB Tseday Aberra Pubworks5 120 COMPATIBLE 1 Gb 486 16MB Nancy Whitehouse Citysecl 66 DTK 200 386 8MB Tommye Cribbins Clerk2 66 DTK 200 386 8MB Marilyn Ortiz Commdev4 166 COMPATIBLE 1 Gb 586 32MB Marsha Roa Parksmgr 66 COMPATIBLE 1 Gb 586 32MB Linda Magnuson Finmgrl 66 DTK 200 386 8MB Rose Manela Pubwork4 33 EVEREX 40 /30 386 8MB Mike Nelson Mike 133 COMPATIBLE 2 gb 486 32MB Ann Lungu Commdev3 33 DTK 200 386 8MB Ann Haraksin Citymgr3 33 DTK 200 386 8MB Cathy Johnson Commdev2 33 DTK 200 386 8MB Al Flores Commdev5 33 DTK 200 386 8MB Kellee Fritzal CityMgr3 100 COMPATIBLE 1 Gb 486 16MB Joann Gitmed Finmgr2 33 COMPATIBLE 200 386 8MB Boots Deleon Build2 33 ALR 40 386 8MB, Jim DeStefano Commdevl 166 COMPATIBLE 1 Gb 586 32MB Marisa Somenzi Imagel 66 DTK 1 Gb 386 8MB Un assigned Commdev7 120 COMPATIBLE 1 Gb 486 8MB, Bob Rose Comsys 33 ALR 200 386 8MB Linda Smith Pubwork2 66 COMPATIBLE 200 486 16MB Dennis Tarango Buildl 33 TEN TEC 200 386 8MB Lorraine Taylor Finmgr3 66 DTK 200 386 8MB Frank Usher Citymgr4 33 ALR 200 386 8MB George Wentz Pubworkl 12 COMPATIBLE 40 386 8MB BBS1 Citybbs 133 COMPATIBLE 2 Gb 586 32MB BBS2 Dial 133 COMPATIBLE 1 Gb 586 32MB Mail Server Mail 133 COMPATIBLE 1 Gb 586 16MB Print/Modem Server Commdev9 33 ALR 40 386 8MB Print/Modem Server Citysec2 33 ALR 200 386 8MB File Server Filel 6 ALR 1 Gb 386 16MB Cedra Thomas Pubwork6 33 DTK 125 386 16MB Christine Cannon Citysec3 33 DTK 220 386 16MB INFORMIX FINANCE 133 COMPAQ 8GB 586 32MB David Liu Pubwork3 33 DTK 190 386 16MB Parkl Parkl 33 COMPATIBLE 250 386 16MB Park2 Park2 33 COMPATIBLE 200 386 16MB Comm Servs4 ComServs4 33 ALR 200 386 16MB Comm ServsS Comservs5 33 COMPATIBLE 120 386 SMB Comm Servs6 Comservs6 33 COMPATIBLE 100 386 8MB Cashl Cashl 66 COMPATIBLE 220 386 SMB Cash2 Cash2 66 DTK 220 386 8MB Linda Berges Laptop 100 BIT 1 Gb 486 16MB Council 1 Laptop 133 BIT 1 Gb 586 16MB Council 2 Laptop 133 BIT 1 Gb 586 16MB Council 3 Laptop 133 BIT 1 Gb 586 16MB Council 4 Laptop 133 BIT 1 Gb 586 16MB Council 5 Laptop 133 BIT 1 Gb 586 16MB EOC 286 12 COMPAQ 40 286 EOC 286 12 COMPAQ 40 286 EOC SER 229A2116 10 COMPATIBLE 40 286 I of 1 8/11/98 9:34 AM Attachment B ,4-,�- 9( LCOMOWAK PACO Patch Panty 1 --------------------- -------------------------— — — — — — — — — — — — — — — — — — — 1 I 1 e rasa rE,�a.a,r u..Tn I I I I 1 1 I 100mbp6 1 i 22DT w Dote { 1 1 I 100mbva I I J 1 14 I I I i I 1 sco tarot Box { i I I iPAddresa200.126.157.2W I h0om� I Mm� i I 1 I SubnetMmsk2%.2W.2%.o I I f I I i I I I I � ZAI lawI I I I nrodrn nwdern I I I I windows Nf 4.0 Sews modern (ea4j modem I 1 I ( Conrgrlr Noma: City BBS werdows NT worksbMw I I Domain rtsrtw. BBS.00m Conwatsr Nsme:DkW ! I Remote Access Sww IP Addresc209.125.151.219 M=asdt Exchange Mod Sena 5.5 subnet Mok:256.255.255.0 I I I I IP Addreea:205.125.151.220 Primary ON5:2M.125.125.2 I I. I 1 subnot Mesk255.255.255.0 secondary 2D5.125.224.2 I I Primary DNS:205.125.120.2 BBS Shcwarr. Vydticat V5,0 ! I Secondary DNS 205124.224.2 Getaway 205.120.157.259 1 QadawW 205.120.157.259 BBS SORware: W" I 5.0 I ! I SMTP: mod.Oldiornond-ber.cs.us Backup SYabm: HP 5urssom 4mm (SCSQ I { 1 BeckW Software: C;twWM ArcSene ! I I IDivisionj 1 I i I 1 windows NT 4.0 workatabon f Comp ler Nene: WS2 IP Address 205.120.157.232 IP Address:200.126.151.220 i Subset tAWL255.256.255.0 I Primary ON3:4Me.120.120.2 1 Secondary DNSIOM 24.224.2 Gateway. 200.125.157.253 I 1 I 1 1 I .raw Wkeiows NT 4.0 WakMalion Mike Nelson IP Addrsm200.120.157.203 IP Addrew205.125.151.220 Subnot MaYc255.255.255.0 Primary ON6ZM.12IL120.2 Secondry ONS:200124.224.2 Gsbway. 205.120.157.253 windows NT WOri mbar 4.0 W 1 ComPuw nwm:NMW I IP Addrsss:2 DAM.157.201 I IP Address:200.125.151.22D 1 Subnst Mask 255.255.255.0 Printery DNS:200.125.120.2 secondary DNS:205124.224.2 1 C,eteway 200.125.157.253 I I I I I ,ro Tao. wrrars NP Lmow Print Server TCPAP Confqurobw IP Ilddrow.200.126.157.252 Subrrst mesk256.255.255.0 14—a, dz g Ito Comp Aw Rem POW Paw11 r— — — — — — — — — — — — — — — — — — — — — — — — — — ------ — — — — — -------------- �1 r------------------------- (I I I it I I it (DivisionI NL Pot wW R it t 1 ----il ----------------------------------- I II I I 1 I I I I I I I I it I II !I t (I I II I II t ,alas Q t I t ( I I I i I I i I I I I { I I I I I I Q I 1 1 II I Winrlaws NT WorMWdon 4.0 11 I Windosvat4'T Walo1•tion4.0 ror I CompumrNama.PMdtsw CarnpuwNama.Bna1 I 1 1 IP Addrosa:208.120.157.230 I IP Addmw:208.128.157.234 I (I Subnat rh.k:255.255.255.0 ( Subnst NW k2ffi.255.255.0 I I Pnnmy ONS:200.120.120.2 1 Primary ONS:200.120.128.2 I I t Sscand ry ONS:206124.224.2 Ssoond ry ON3:206.128.224.2 I ( Gatrmy 208.120.157.253 it II (I i 1 I I GaWw W 200.120.157.253 I II I I I I I II II II II (I I II l II I I I I I I t I t I i t 1 1 1 II t( LJ I I Window, NT wonmuuon 4.0 I I i Windows NT WodwMd1«14.0 -• p i Compubw Nonr Brm2 I Compulx No :Brw3 IP Addrws:200.12& 157.235 IP Addraar200.120.157.235 Sudr[ Mw1c255.255.256.0 I Subnot k ask256.256.255.0 I Prinwy ON3:200.128.126.2 I Primary ONS:206.120.126.2 Swandary ONS:208.128.224.2 I Samndwy ONS:208.128.224.2 Gab vmy 200.120.157.25SOm Nelson Gatway. 200.128.157.253 I IP Addraaa:200.120.157.203 I i I I I I t I I I L-1 — t I 1 1 t I • IP ., pb WIIr '0 NT U1rOrkoMkm 4.0 Compubw Nw Brw4 I I 1 i I I w IP Addmw:200.125.157.243 I I Subnot Msek.*M.255.256.0 I I Prinwry ON5 208.120.125.2 Secondary ONS:206.128.224.2 I i C%Mm y: 208.125.157.253NZonymnity { I 1 Service Minion I I 1 I t lOfbrWa •w ptl° v d,6s.a Windows NiVVorksWbm .P IIpeM6 1110.116.157.5 aO.16,r206.255 2%U NaR1a:r:OR19Ia IP Addraas:208.126.157.200 Subnot Mmk:255.255.255.0 Pmms y ONS;206.120.1252 Gs avW 200.126.157.253 pC . ems.! IAD Cerrrprrtar flown Patch Pansl 1 r- — — — — — — — — — — — — — — — — — — — — — — — — Ilr----------------------- II I ----------------------- IIII IIII IIII 1111 I I I I II I I I I IIII III Ilii IIII IIII A City MOMMUM I I I I I IIII IIII IIII Ili I I � J — Ili I l f'°`• I Vyindows NT Waketation 4.0 Computer Nw,w cigna9n i IP Addn,ss:2D0.120J57.210 I I i SuenstMok25&255.255.0 I 1 i Primary DNS:206.128.128.2 i Sernwary OWM8124.2242 I i Ili Ili III III III Gly 208.120.157.253 Ili Ili III ill Ili Ili Ili i I I , II I'm PM. Windows NT Workstation 4.0 Computer Namr.CflyMpr3 1P Addrsss:200.128.157.202 I Subnet Mssk256.255.255.0 I Primary ONS.2W.125.125.2 Seco dsry DNS:2 W124.724.2 I I Gtr 200.128.157.253 ii — — — — — — — — — — — — — — — — — — — — — — — — T 1 ------------------------Ill ---------------------I III I III I III I III I III I III I III I III I III I III I III I III i III I III I III Q I III I I ! — ►II III Wmxkw s NT Work*t = 4.0 Computer Nwno:Ci AW I I I IP Address:2p6.128.157.202 Sulmat MmML255.255.255.0 I I I Primary DNB:200.120.128.2 ( I I Ssoondwy ON6:2D0124.224.2 I I I Gateway 200.126.157.253 ill ill ill III ill III ill Ili III Ill III III — II i II Windows NT WOrkshd= 4.0 C rq%A r No. :Cil~4 IP Address 208.128.157.200 I l SuMnt Mssk255.255.255.0 l I Primary DNS:208.126.128.2 I l Sv=x1wy DNS:206124.224.2 ( l GsW"y.. 208.126.167.253 I i II iw aw Wfndows 3.11 w Lanblabc " Computer Name:C46-1 I I IP Addraas:206.126.157.210 I I t I I I I I I rpr Wkdmrs NT Workstation 4.0 Computer No *:CttySw.3 IP Addm 200.128.157.231 SubrrM Mastc255.255.255.0 Primary OMM.126.12B.2 Sam idary DWM24.2242 Gstea sy. 200.120.157.253 Q II II ,00rrap I — I Windows NT Workstation 4.0 Computer Nsm4rCitySec2 I 1P Addrmw:208.120.157.236 I Subnat MWc255.255.255.0 I PrWwy DNS:200.120.128.2 Secondary DNS:200124-224-2 i GaUvw. 206.126.157.253 I I I . I Q I yykdews NT Wwlotation 4.0 Computer Name:Caunck IP Addr@ :200.120.157.200 Subset MaNc255.255.256.0 Primary DW:208.126.120.2 8seendsry ON1:206124.224.2 GwWvaw. 206.120.157.259 r--=------------------ -- �--------------------------� ----------- II ID Computer Roon. Patch Purl 1 I I I I I I I I I I t I 1 V. F owma YisEil:Q I j 1 I I + I 1 I ! I I I I I I I I 1 I I I Windom NT WorinsbMon 4.0 I CompAwrNai Fwftrl IP Add+rc20E.120.157.225 Subnet Madc255256.255.0 Primary DNS:208.120.125.2 Secondary DN3 208124.224.2 Gabomy. 208.120.157.253 Windowa311 v4LanLesGev.7.0 Computer Nw ne Fw tyr3 IP Address -208.120.157.228 Windows NT Worlusdtian 4.0 compwr NamrFkrldp2 I I IP Addrwr206.128.157.223 I i Submit Mack:255.255.255.0 I I Primary DNS:208.128.128.2 Secondary DNS:208124.224.2 Gabr wy. 200.128.157.253 I I I I 1 I I I I ! i I I I I ( I I I I I I I I I I — I i I Wundowe NT Workatitlon 4.0 / Computer Nana Fi w nce IP Addrees:200.120.157.250 Subrnst Mosk255.256.255.0 1 Primary DNS:20B.120.120.2 Secondary DNS:208124 6a01mwy. 206.126 e��arart A -j • a� i I I I I I to Coa,ore.r Room Palcl Panel ------------------- -----------------------------i I----------------- I I I i 1 i f I I I I 1 VLcKV CMrks I I I I I I I I I I I I I ' I I I ) I J I I i i I I I I i I I � I I I � ,aoeeo. 1 I ,00rao. — I WindaMaNT MO, Won 4.0 Wlndow*N7 Worksesbon 4.0 Compular Name: Clerkt Camp Aor Name: CIak2 IP AddressID8.128.157.211 IP Addmw:2D5.128.157.212 Subnet Maek255,255.255.0 Subnat MaoitM.255.255.0 Primary DNS:208.120.128.2 PrWwy DN8:200.125.125.2 Secondary DNS:208124.224.2 Secondary DNS208124.224.2 Goleway:206.120.157.253 I ( I Goamway. 200.126.157.253 CDROM 1:7 I I I I ,00eee. WkrOowaWorblition 4.0 Camgrkw Name: kt,eae2 IP Addm=200.120.157.233 Subnet Maak255.256.255.0 Primary DNS -2W. 125.126.2 scarww Secondary DNS:206124.224.2 Gdr^ay. 206.126.157.253 Irltt3rnet Service r i Prouirler ,00mp. —T --------------------- - --- -------- ------------------- -- II Ipl i I I I I t 1 I looxaa. It Ipl I I 1 1 11 1 ( Wirdcws NT Workatakarn 4.0 I III I Computer Nanw:CommDevt IP Address:206-128157.201 i I III I subrWMaslc255.255.255.0 Primary CW,208.128.128.2 III I 2 Ca206.126.157.253 lww . i I II III I L_J 1.z,3 II III I I _ s 1 1 I I I Fax saner — I I I ,aoroos W NT Wodafakon HP Unart til III PrirASenw, Fax server and CDFtOM skradnp Computer (1 I p . IP Addrm-.220M.126157�20O I II III �i III �III Q I III — 11 I I i WirdovrelvT Workstation 4.0 HP Las.rjat III i i i I Computer "a DeJ2 I I i IP Addres�s:20(5.125.157.214 I II LJ 11 — I i I Wmaows NT Workstation 4.0 Computer Namr.CommDev4 I I I IP Addmss:206.126.157240 II i II I i Windows NT Workstation 4.0 Computer Nw CommDsv7 IP Addree:200125.157.236 I �I II FMI varcns Windows NT Wokwtian 4.0 Computer Nama:Pubwork3 IP Addr ss:208.125.157.229 Wirdows NT Workstation 4.0 Computer Nems:PubWank*5 NUBI ---------- — —------------- kIl -----------------------� 1111 II I I I I I II I � 111 11 o I I I I 11 I X 1 1 1 I Windows NT WorkstationComputer I j Protocol: Cashl I I I I I II IP Addraas:208120157.241 1 I ,00mos I 1 1 1 1 I I Windows NT Workstation 4.0 I I Computer Nar,erCash2 I I �i IP Addrsw20�6.1j28.157.242 i I II IJ I i l l i 11 I I I I II I I I i Windows NT WOAaliroon 4.0 I I I Computer NsrrwCommD&v3 I I IP Ad&ess.206.125.157.227 ' I 11 I I I I 11 Q I I I II ! I I I I Wirdows NT Workstation 4.0 I I I I Computer Name:Commtxv5 I I I p w Add esc:206.125.157224 I I II I i I II I I I i I i I I I NP L..arjat w I I I I NP Jatived I I I IP Addrn&206.128.157.112 II j I 11 I I it I ' I WirMowe NT Workstation 4.0 I Computer Nams:FMldl IP Address:208.128.157.228 I it 1 Il I it Q I 1 I I — I I Windows NT Workstation 4.0 11 1 Camputsr Nante:Build2 I IP Addrew:206.12 5.157.228 11 I I I I I I FO I I I Windows NT WorNafalion 4.0 I Computer Nwrw:Ptdswokl I IP Address:206.128.157.211 I 1 Q �rrneos — Windows NT OF I I ba, 4.0 Comprrtar NerrwPubWorlut Exhibit B-1 Product Hardware Description Server Description (General) HARDWARE/SOFTWARE HARDWARE/SOFTWARE COMPONENT DESCRIPTION CPU Dell 4300 Redundant Base, 400 MHz with 512K Cache Mouse Logitec System Mouse Keyboard Windows Performance 104 Keyboard RAM 256MB SDRAM Memory CD-ROM 14/32X SCSI CD ROM Hard Drive 3 — 9GB LVD SCSI Smart Hard Drives 7200 RPM Floppy 3.5", 1.44MB Network Card Intel Pro 100 Plus Ethernet Operating software Windows NT Server 4.0; 10 Client Access Licenses Workstation Description (General) HARDWARE/SOFTWARE HARDWARE/SOFTWARE COMPONENT DESCRIPTION CPU Dell Dimension XPS R400MHz Pentium II Minitower Base with MMX Technology and 512K Cache Mouse MS Intellimouse Factory install Keyboard Windows Spacesaver 104 Keyboard RAM 128MB SDRAM Memory Monitor Dell 1200HS, 19" Color Monitor with 17.9" viewable image size Graphics card STB nVidia ZX 8MB 3D 2X AGP CD-ROM 40X Max Variable CD ROM Speakers Harman/kardon HK -195 Sound Card Crystal 3D 64V Wavetable Integrated Sound Hard Drive 10GB 5400RPM Ultra ATA Hard Drive Floppy 3.5', 1.44MB Network Card 3COM 3C905B Fast Etherlink XL 10/100 PCI NIC Operating software Windows NT Workstation 4.0 CD, CD Documentation Bundled software Microsoft Office Professional with bookshelf basics on CD, manual included Portable Laptop Description (General) HARDWARE/SOFTWARE HARDWARE/SOFTWARE COMPONENT DESCRIPTION CPU Dell Inspiron 7000 266 MHz RAM 64MB SDRAM Memory Monitor 14.1" XGA Active Matrix Graphics card 8MB ATI Rage Pro 3D w/2X AGP CD-ROM Removable Combo 2X DVD -ROM Speakers Internal Sound Card Internal Hard Drive 4G6 Ultra ATA Hard Drive Floppy 3.5", 1.44MB Modem 56K Internal Operating software Windows 98 Bundled software Microsoft Office Professional with bookshelf basics on CD, manual included Battery Spare intelligent 65WHr Lithium Ion Case Leather carrying case Dual Compartment Exhibit B -Z City of Diamond Bar Specifications N C 0 u 'v CL 6.1v H m L u i 1L v a m 0 0 C L u C 0 _m 0 C `; c o 0 o 0010 O o O o O 0000 o 00000 00000000000000 d o 999 000 0 0 0 0 0 0 0 0 0 O 00000 0 o 0 0 0 O o 0 0 0 0 0 0 0 V a o 0 o o O o 00060 (O o (0 o O C (O o W ao C C C O G G C (0 (0 C 0 0 0 0 I-- r r I-- � r- r I- � r. r- U13 0 Ln 0 r r In r 0 (o r- r- r- r- r r- r- (n In r � r- � r- a`O vvv IOL 10v vvcvV OCL act OoOCL d� Vi v 'aou�rn vvvvvvcaocovvv NNN N NN NNNNN NN NN N N(NNNN (V NNNNNNN(V (V N(V (V N 69 d9 IA 69 69 69 69 69 69 69 (4 69 69 (a" 69 69 69 69 69 69 69 69 69 69 69 69 64 0 0 69 69 69 69 69 Eo 0 d 00 CD 69 0000 O O O d 0 0 0 0 O 00 a of of of of of ai ai N ` D 49494949 i 49 60949 m 0 0 0 0 0 0 0 ~o LID 000 000 a Goo Goo coo coo N � 6N9 W 6699 609 Ge O O O 0 0 0 O O O O O 0000 O 00000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o O 0 0 0 O O o 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0000 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w I,- r, r- v v r- r` r- v v v r- r- r- r- r- d v v v v r- r- r- r` c v v v r- r` r- r. r- r- r- r` r` r` ti ?,. P, r- P- r- r- r. r` r - v v v v v v v v v v v v v v v v v v v co NNN NNN N(V NNN NNNN (V NNNNCNF NNNNNNNNNNNNNN m fA V! 69 fA 69 69 69 69 " to 69 69 69 69 m 69 69 69 69 69 69 69 69 69 " to 69 69 69 69 69 69 69 (A 69 O O O O O O O❑ 0 0 0 0 0 Q O O❑ O❑ O O❑ 0 c 0 C 0 C 0 0 Q 2 2 2 Z m I Z 2 m Z I I S m S = I Z Z m Z Z Z Z S I I I S Z I 12 Z S mmm mmm mmmmm mmmm m mmmmm mmmmmmmmmmmmmm 000 000 00000 0000 0 00000 (�(7C7C7C7C7C7C7(7C7(7C7(7C7 000 T T T Oo0 T T T OOOOO T T T T- 0000 T T T O OOOOo 00000000000000 T ----- T T T T T_ T T T_ ------ TTTTT_ Q Q Q � _T —-------- � � �NN NQN Q Q N� NQN NNl NNl N�N NQN NQN NQN Q Q Q Q NQN NQN yQN Q NQN NQN NQN NQN NQN NQN NQN NQN NQN L) mmm mmm mmmmm mmmm m CID mmmm mmmmmmmmmmmmmm CL 222 222 22222 X222 2 2222 O00co 00CDOD 00Oo,coGo OD00000 co GOO00OO W00w000000O00ODODO00OD00 N N N T T T N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N aaa T T T -,I T T T T aaaa T T T aaaa T T T T T T T T T T T T T T a aaaaa aaaaaaaaaaaaaa ___ ___ _ _=_ ___= = _____ 222 222 22222 M222 2 2222 O O O O O O O O O O O 0000 O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 000 O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 aaa aaa aaaaa aaaa a as n. as aa_an.da-anan.da-aa-a d o c c . �. m �n C v m '� d 1O U C T e c o N fO 10 c h c 'o o c `m .y c— c c ar Y leC d •oo c c o— a c .� > L) 0 mo d c v 'c (Eo Z 2UU JHS HZYUQ �J� s m�OJO O»�OF-QJ(OQ�❑mm ... O)� ui > C �.N.. ❑ CC v N N 0 N 0 0 T N (n 'lC -p Y Y Q Q 6 ti COi O o O d d d d Vii cNi U e p d m Q o(j rnrnc CID ca 0 0 �(n(n,cUQ a>> m ii UN E#cS'e•� U U w e cCO co E > > > m ° da �� Tv> 2 2 -c E.> rn r^ c c c c 0 `'E Y tm m m E r E m >> > m m W m m a d d o c TNCn U 0odca o �a(n(n � d E E� C C C V 3 d a O E E� w 'I- •C O E E +>'' C U N .e •U o O w a c_ _c G7 v E E Em_ .0 CL ° E nE E 'a E E `r' c E u°, > >v `0- o'D U. UUU A -10c Uco<(D< ODU� 0 �Qt3UU OQQ¢HQQDOU �ma0m d U m c N o m (n C7 y V 0 or R 4>1 O �. 0 C ` _ad % C o v d I C E d O E E w v E E E > D V U U U U U 0 H c O U �U CL v �a t CL Q CJ1 a D CD _O O c L u c O +J m E L 0 c C 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 Orn m Cl o) OOOO OOO OO w N O 000100 CO O OCn-W V .2 6 0 0 0 O O O (0 6 M e- 10; O O O CT O CV O 0' W, h i- CO I- r-- N CI') -W v-qr I` � v et IT LO N N 0 in CC> v 00000 O O O q' IT IT -W v r. -V) w CC) O O m O od m 0.0 N N N N N N N CC) m 49 Q C7 N N N N N lT - L N to 69 Vf Vi /A 69 69 69 69 69 6% V3 Vi V► fA V► v tn d9 in w Vi N E 00000 0000 d Coa000C606 rn rn rn rn CD � V► � d► V� v►! _a rno a C40 — Np a ax:°Q:v Ll - m m C4 ., 0000 000 0001 Oo 00000 C O O O O 0 0 0 O O �� N O 0 0 0 0 0 OOOO OOO (O CDM '-qT - -- -� G1 ti I-- I` t- R v qr V � P- tl v V v IT CA N N r- CO o0 CO q' - - - - C'7 M C) Cl) m !0 N N N N N N N ob oD V C'7 N N N N CV m Cii V) 49 Vi 09 d► V► V) t9 V! Vi V! " 64),69 64 0000 000! 00000 zzzz zzz; zzzzz mmmm mmm', mm mmmmm C9 C9C70 0 (9 0 00 C9000C9 0 0 0 0 0 0 0 ; o; Lf) _= 0 0 0 0 0 mm rrrrr Q Q Q Q Q Q Q == CD sr Q Q Q Q Q � -14 CO ao CD ao 0o CO 0o p p 00 (Dao ao ao ao ao N N N N N N N p p Caa N N N N N aaaa aaa cc0 O aaaaa o 0 2 2 2 2 2 M ���2 �� �� t-1- o o 00000 0000 0 0 wL'= v v v v v< v o; a s a v v v v m aaaa aaa (L(La adaaa d � c c o c 0 eEo 0 ami C -5o z ���0 L) a. U U y J J N 0 O N v (n co v _ m— ZZ w Y °c j` O O Z CCI C U O 0 v U 3 3 co N T O O L_ l0 o C C�. �N y n E m 0 C O Z G1 OCOH C N C'0 0) 4) li Q(n0 C ��� CACn< �� Um -i —i II N N c CL € ° ag o a 3 aa e a N J O G a ? C C a O CO a > C F a u o U. to Z J Lu m o t- Exhibit C-1 Company profile:.Dell Computer Corporation i Who We Are. Dell Computer Corporation, headquartered in Round Rock, Texas, near Austin, is the world's leading direct computer -systems company. Company revenue for cothe last four quarters totaled $15.2 billion. Dell is the No. 2 and fastest growing among all major computer -systems companies worldwide, with 20,800 employees around the globe. The company is the No. 2 manufacturer in the U.S., where it is a leading supplier of PCs to business customers, government agencies, educational institutions and consumers, The company was founded in 1984 by Michael Dell, now the computer industry's longest -tenured chief executive officer, on a simple concept: that by selling personal computer systems directly to customers, Dell could best understand their needs, and provide the most effective computing solutions to meet those needs. Dell's pioneering "direct model" offers in-person relationships with corporate and institutional customers; telephone and Internet purchasing (the latter now averaging $6 million per day); build -to -order computer systems; phone and on-line technical support; and next -day, on-site product service. Dell arranges for system installation and management, guides customers through planning for and carrying out technology transitions, and provides an extensive range of other value-added services. The company designs and customizes products and services to the requirements of the organizations and individuals purchasing them, and sells an extensive selection of peripheral hardware and computing software through its DellWare® program. Nearly two-thirds of Dell's sales are to large corporations, government agencies and educational institutions. Dell also serves medium and small businesses and home -PC users. The Dell® line of high-performance computer systems includes Dimension® and OptiPlexO desktop computers, Latitude® and InspironTm notebook computers, PowerEdge® network servers, Dell PrecisionTm workstation products and PowerVaultTm storage products. The company's computers are manufactured one at a time, as ordered, at facilities in Austin; Limerick, Ireland; Penang, Malaysia; and Xiamen, China. ► Next For US customers only. Coovriah 1998 Dell Computer Corporation. All rights reserved. (Terms of Use) Online privacy practices What Sets Us Apart. Dell's Unique Direct Model Dell's award-winning customer service, industry-leading growth and financial performance continue to differentiate the company from competitors. At the heart of that performance is Dell's unique direct -to -customer business model. "Direct' refers to the company's relationships with its customers, from home -PC users to the world's largest corporations. There are no retailers or other resellers adding unnecessary time and cost, or diminishing Dell's understanding of customer expectations. Why are computer -systems customers and investors increasingly turning to Dell and its unique direct model? There are several reasons: Price for Performance -- By eliminating resellers, retailers and other costly intermediary steps — together with the industry's most efficient procurement, manufacturing and distribution process -- Dell offers its customers more powerful, more richly configured systems for the money than competitors. Customization -- Every Dell system is built to order. Customers get exactly, and only, what they want. Service and Support -- Dell uses knowledge gained from direct contact before and after the sale to provide award-winning, tailored customer service. Latest Technology -- Dell's efficient model means the latest relevant technology is introduced in its product lines much more quickly than through slow-moving indirect distribution channels. Inventory turns average less than nine days, keeping related costs low. Superior Shareholder Value -- During the last four quarters, the value of Dell common stock nearly tripled. In 1996 and 1997, Dell was the top -performing stock among the Standard & Poor's 500 and Nasdaq 100, and represented the top -performing U.S. stock on the Dow Jones World Stock Index. Balancing Liquidity, Profitability and Growth Dell's high return to shareholders is the result of a focused effort over time to balance growth with profitability and liquidity. Dell continued to lead all other major computer -systems companies in each of those categories for 1997 and the first two quarters of this year, even as the company expanded its infrastructure to support significant growth around the world. Internet Leadership Dell currently receives two million visits each week at www.dell.com, where the company maintains more than 40 C -I . ; For US customers only. Copvriaht 1998 Dell Computer Corporation. All rights reserved. (Terms of Use) Online privacy practices What We Make and Sell imension desktop PCs are designed for small-business and me users requiring fast technology turns and high-performance computing. The product line commonly features the latest relevant PC technology on an award-winning platform. tiPlex desktop computers are developed for corporate and Mstitutional customers who need highly reliable systems within networked environments. Industrywide compatibility contributes to the high dependability of OptiPlex systems, which have the lowest down-time rates among those from all major manufacturers, according to a leading PC publication. JjWtude notebook PCs provide large corporate, government and education customers with reliability, stability and superior battery performance for complex networked environments. Important Latitude features include lower total cost of ownership, outstanding network connectivity and broad operating -system support. InsAiron notebook computers are targeted at customers who require the highest -performing computer systems at aggressive prices, along with industry-leading service and support. Such customers are typically individuals or small- to medium-sized businesses that are looking for optimum performance for their system investment. Dell Precision workstations are ideally suited to run complex applications, such as 3-D CAD, digital content creation, software development and financialleconomic modeling. Customized to users' needs, Dell WorkStations offer high-performance technology in an affordable, state-of-the-art solution. PowerEdge Network Servers have made Dell the Wit -growing company in the category since their introduction in September 1996. All PowerEdge products offer users performance, reliability, availability and scalability comparable to proprietary high-end systems, but are based on compatible, open standards and are more affordable. werVault Storage Products are designed to drive high-end storageaeatures into standard computing environments, meeting a wide range of customer storage needs. Services — Dell offers a wide range of award-winning, value-added services, such as factory integration of proprietary hardware and software; leasing and installation; warranty coverage; and end-user support. The company's direct relationships with customers and its extensive on-line capabilities via www.dell.com enhance service delivery. iDe !Ware complements the company's systems offerings by providing customers with low-priced computer hardware, software and peripherals. More than 24,000 Dellware products from industry-leading companies are available for purchase by phone or at www.dell.com. C-Iq -,e _ .,,imension ji wares PC Magazine "Editor's Choice" Dell Dimension V333c August 1998 PMOW Choke Cjet "Editor's Choice" Dell Dimension XPS D300 August 1998 Computeqjy� Guide & Handbook Best Buy" Dell Dimension XPS R400 June 1998, August 1998 Am Lest SIM - "st" Dell Dimension XPS R400 June 1998 PC Magazine or's Choice" Dell Dimension XPS D333 January 1998 PC Computing1"ST'award for Best Overall System Dell Dimension XPS R400 August 1998 PC Magazine Ke-ader's Ct Service and Reliability Dell Desktops July 1998 Choice 7- CIet "Editor's Choice" Dell Dimension XPS R400 April 1998 G-�.J GOVERNMENT NEWS GCN October 12, 1998 Dell maintains place atop list of vendors selling PCs on schedule By Bill Murray GCN Staff ff Federal agencies bought a record $462 million worth of products from Dell Computer Corp.'s Information Technology Schedule contract between July 1, 1997, and June 30, 1998. The buys let Dell keep its first -place rank among schedule vendors, according to the General Services Administration's IT Acquisition Center. Dell booked $270 million in fiscal 1997 sales [GCN, Oct.27, 1997, Page 8]. Gateway Inc. came in second for the July 1997 through June 1998 period. at $214 million. Government Technology Services Inc. of Chantilly, Va., was third with $186 million in sales and might have finished second if its sales total counted that of BTG Inc.'s product sales division, acquired by GTSI in February. IBM Corp. was fourth at $156 million and Micron Electronics Inc. of Nampa, Idaho, fifth at $137 million. GTSI, a No. 1 schedule vendor in the past, resells third -party products, whereas the growth in GSA sales now is going to companies that primarily sell their own brands directly to agencies. Processor: Intel 40OMHz Pentium II Processor w/ 512K Cache Memory: 128MB 100Mhz SDRAM expandable to 384 Monitor: VX900 19inch color monitor (I 8.Oinch viewable area) added: US$150 Graphics Accelerator: ATI Rage Pro Turbo SMB SDRAM AGP Graphics Hard Drive: IOGB Ultra ATA hard drive subtracted: US$60 Floppy Drive: 3.5inch 1.44MB diskette drive & IOMEGA Internal ZIP Drive w/1 Zip Disks CD-ROM: 13X min./32X max. CD-ROM drive Multimedia Package: GCS 100 Speakers by Altec Lansing Sound System: Integrated Sound Blaster AudioPCI 64D Case: Mid Tower Case Network Adapter: 3COM PCI 10/100 twisted pair Ethernet Keyboard: 104+ Keyboard Mouse: MS IntelliPoint Mouse; Gateway mouse pad Additional Software: McAfee Anti Virus Software Application Software: MS Office 97, Professional Edition, on CD added: US$199 Operating System: MS Windows NT 4.0 added: US$99 Service Program: Gateway Gold Premium Service for PCs (3yrs. Onsite) added: US$99 Base Price: US $2399 Configured Price: S $2886 Quantity: 1 Total Price: US $2886 Many Gateway products are custom engineered to Gateway specifications, which may vary from the retail versions of the software and/or hardware in functionality, performance or compatibility. Prices and configurations are subject to change without notice or obligation. The price above does not include shipping and handling or any applicable taxes. After your system has been built (lead times vary), it may be shipped via second -day shipping in the continental U.S. Second -day shipping within the continental U.S. is US$95 for desktops and US$25 for portables. Skyway five-day shipping for Destination ® Digital Media Computers is US$149. All prices quoted are in U.S. dollars. QI would like to order this system via the World Wide Web. Clicking "Continue" below takes you to our secure server. Gateway uses Secure Sockets Layer (SSL) encryption to assure that all information entered on the next screen -- including your credit card number -- can only be understood by us. After thousands of online transactions worth millions of dollars, no Gateway client has ever reported misappropriation of a credit card number protected by SSL technology. Check our article on how SSL works and why we think it's extremely safe to learn more. Q Please have a sales representative contact me about this system G-)�7 !u ses Product Comparision Now you're ready to compare and select the best computing solution for you. Look through the features and choose your IBM model. PC 300GL, PH 400, PC 300PL MT, PH 400 64MB, NO HD, NO OS 64MB, NO HD, N0,0E Cache 512K 512K Allows ECC Y Y VRAM 2048K 4096K Hard Disk 10100 10100 Parallel Ports 1 1 llack to results Rage Legal Notices "Average Reseller Price" is the mean average of prices provided to IBM by participating IBM Authorized Resellers. Resellers set their own prices and the actual prices available from these resellers will vary. . Pricing provided by resellers. IBM is not a party to or responsible for any agreement between the customer and the reseller. Millennia 400 Max MiniTower Built forower and designed p g ed for affordability with fast Pentium II processor, 100MHz system bus anc SDRAM 40OMHz Intel Pentium II processor (512K L2 cache) 128MB 100MHz SDRAM (2 DIMMS) Microsoft Windows NT 4.0 MiniTower case 19" Micron 900LX display (18.0" viewable, 26dpi) 104 -key enhanced keyboard Microsoft Intellimouse 32-bit Ultra ATA -33 hard drive controller 10GB 5400rpm hard drive 1.44MB 3.5" floppy drive for MiniTower No ZIP drive Microsoft Office 97 Professional Edition 32X -max standard CD-ROM drive 8MB Real 3D StarFighter I740 AGP graphics card 64 -voice onboard sound Monsoon 3 -piece Flat Panel speaker system No modem 3COM 905B -TX 10/100 network interface card 1st year onsite service (USA only) 2nd and 3rd year onsite service (USA only) To print this page, choose "Print" from the "File" menu in your browser. To fax your order to a Micron sales representative, print this page and fax it to the appropriate fax number below. Please include your name, telephone number and/or customer number on this page or on your cover sheet. • Individual/ Home/ Small Office: (208) 893-3424 • Corporate Sales: West division, (208) 893-7420; East division, 1-800-362-1205 • Federal Government Sales: (208) 893-7240 • State & Local Government Sales: (208) 893-7479 • International: (208) 893-7393 The prices calculated by the MicronOpt Online Configurator are approximations only. Prices offered are for products purchased and shipped in the United States and Canada. Configurations and prices in other countries may vary. The calculated prices do not include shipping and handling charges or any applicable taxes. All prices and specifications are subject to change without notice. Your order must be accepted by a Micron representative before it will be processed. Micron Electronics, Inc., is not responsible for omissions and/or errors in photography or text. * Business Lease is based on 36 -month term. At the end of term, customer has the option to purchase the system at the then current Fair Market Value. All leases are subject to a $60 documentation fee due at lease signing. Leases with terms of Exhibit C-2 Year 2000 compliance statement Statement of Compliance Year 2000 Statement of Compliance on Dell Hardware Products Dell -branded hardware products shipped on or after January 1 1997, are eligible to carry the "NSTL Hardware Tested Year 2000 Compliant" logo by virtue of formal testing with, and successful completion of, the National Software Testing Laboratories (NSTL) YMARK2000 test*. Dell will treat a failure to pass the YMARK20 0 test as a covered event under Dell's warranty for the product, subject to the normal warranty limitations.** You can get a complete copy of Dell's limited warranty. Dell -branded hardware products will also recognize We year 2000 as a leap year. Previous Products For Dell -branded hardware products shipped prior to January 1, 1997, that have an upgradable basic input/output system (BIOS), Dell makes available a BIOS upgrade. Although these products may not have been tested under the YMARK2000 test, Dell believes that the hardware would pass the YMARK2000 test, provided the appropriate BIOS upgrade is properly loaded. For Dell -branded hardware products that do not have an upgradable BIOS, Dell has made available, as a convenience to customers, the Dell Software Patch, a software utility designed to assist customers in managing the year 2000 rollover. Software Dell specifically excludes all non -Dell developed software from this compliance statement. All software run on Dell -branded hardware products should be independently verified by customers to be year 2000 compliant. Additional Information For additional information on year 2000 compliance of Dell -branded hardware products, refer to Dell's Year 2000 Web site. If you can't find the information you need online and you still need help, contact a Dell service representative by calling 1-888-560-8324. Please have your express service code or your service tag number handy for faster service. "The YMARK2000 standard tests the ability of system hardware and firmware to support the transition to the year 2000 (and to recognize leap years, when appropriate, for years 2000 through 2009 inclusive) and not that of options, operating systems or software applications. Dell branded hardware products which pass the YMARK2000 test conform to BSI -DISC PD 2000-1. G-Zz, l Dimension ittp: iwww.c.e....comryearz-.,.,i.apros.ucs�c.es.c:opsrc.ea..v:,.�...— C,-a . a -t::p: ,www.c.e._.comryear�... pros.ucc.siserversiservers..l,:m C -C-7 ,3 Portables 1ttp:rrwww.r,e...comryearLUUUrproc.ucs;po:ra� es po.axc.. i. .gid Exhibit D-1 California Multiple Award Schedule (CMAS) local government usage statement STATE OF CALIFORNIA --STATE AND CONSUMER SERVICES AGENCY PETE WILSON, Governor DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION BOX 942804 SACRAMENTO, CA 94204-0001 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) LOCAL GOVERNMENT USAGE AUGUST 22, 1996 The State of California approves the use of the California Multiple Award Schedule (CMAS) program by local governments (i.e., city, county, city and county, district, or other local governmental body or corporation empowered to expend public funds) for both Information Technology products and services (personal computers, telecommunications, etc.) and non -Information Technology commodity products (facsimile machines, copiers, boats, etc.). While we make the CMAS program available to local government agencies, each local agency should make its own determination whether the CMAS program is consistent with their procurement policies and regulations. It is at the option of each CMAS Contractor whether or not to extend CMAS to local governments. The following provisions apply for use of CMAS by local governments. 1. Local agencies are NOT subject to the CMAS Maximum Order Limit program requirements, but should make their own determination of order limits consistent with their own policies and procedures. 2. Local agencies shall accept sole responsibility for payment to the Contractor. 3. CMAS Contractors must report all activity by local governments on their quarterly reports. The same information as required for State agency orders must be included. 4.. The local agency may use their own purchase order form (in lieu of the State's STD. 65 purchase order), and shall issue it directly to the CMAS Contractor via mail or facsimile. 5. The Procurement Division will bill each State and local agency for use of CMAS contracts, equal to 1.21% of the value of each order. The Procurement Division will bill State and local agencies directly. The 1.21% fee should NOT be included in the order total, or remitted before a bill is received. 6. The Procurement Division is waiving the 1.21% administrative fee (see 5 above) for orders to registered small business enterprises. 7. One copy of the purchase order is to be forwarded by each local agency to the Department of General Services - CMAS Unit, 1808 14th Street, Suite 100, Sacramento, CA 95814, Attention: Carol Umfleet. Questions regarding the CMAS program may be forwarded to the CMAS Unit at 916/324-8045. Carol Umfleet CMAS Program Manager Stab of Cslitotnia . Stats and Consumer Servioes Aoenay . Paw Wilson. COvemor PROCUREMENT DIVISION CMAS UNIT 13W -"SWOk Sulb 116 • SOMWOr . Califomia ON14 . (913) 32448045 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) LOCAL GOVERNMENT USAGE AUGUST 31, 1996 Assembly lip 1727 The State of California approves the use of the Colifomia Multiple Approves CMAS for Award Schedule (CMAS) program by local governments (i.e., city. Localcounty, city and county, district, or other local governmental body or corporation empowered to expend public funds) for both information Technology products and services (personal computers, telecommunications, etc.) and non-Informotion Technology commodity products (facsimile machines, copiers, boats, etc.). Applicable Procurement While we make the CMAS program available to local government Policies and agencies, each local agency should make its own determination Regulations whether the CMAS program is consistent with their procurement policies and regulations. Contractor Option It is at the option of each CMAS Contractor whether or not to extend CMAS to local governments. Quarterly Reports CMAS Contractors must report all activity by local governments on their quarterly reports. The some information as required for State agency orders must be included. Order Urnits Local agencies are NOT subject to the CMAS Maximum Order Limit Program requirements, but should make their own determination of order limits consistent with their own policies and procedures. Responsibility for local agencies shall accept sole responsibility for payment to the Payment Contractor. Purchase order The local agency may use their own purchase order form (in lieu of the State's Std. 65 purchase order), and shall issue it directly to the CMAS Contractor via moll or facsimile. -3-) .a t70-120 'd Tt'tT 2Z2 9T6 1 I ran SHWA /Gd:'SOG rS : tT 966 T -T T-d3S Vold 111101 LOCAL GOVERNMENT USAGE 2- AUGUST 31, 11998 Adrninisfrative Fee The Procurement Division will bill each State and local agency for use of CMAS contracts, equal to 1.21 percent of the value of each order. The Procurement Division will bill State and local agencies directly, The 1.21 percent fee should ,NOT be included in the order total or remitted before an invoice is received. Adminisiralive Fee The. Procurement Division is waiving the 1.21 percent administrative fee Waived for SmaN (see above) for orders to registered small business enterprises. This does Business Orders not eliminate the requirement to send a copy of the purchase order to the CMAS Unit. Where. to Send One copy of the purchase order must be sent by each local agency to: Copies Deportment of General Services Procurement Division - CMAS Unit 1500 - 5th Street, Suite 116 Sacramento, CA 95814 Attention: Carol Umfleet Facsimile Number 916/323-1441 Questions? Questions regarding the CMAS program may be forwarded to the CMAS Unit at 916/324.8045. Sincerely, &4u+;�_' CAROL UMFLEET CMAS Progrom Manager CU:cu b©.'bp'd TbhT EZ2 916 lINn SHWJ'Qd/socj bS:bT 866T-TT-d3S seeks to propose a negotiated change or standard contract language change, it shall make this identification within the timeframe identified in the solicitation document. SEC. 5. Section 12101.5 is added to the Public Contract Code, to read: 12101.5. (a) It is the intent of the Legislature that agencies of the State of California utilize an acquisition method that is compatible with their short- and long-term fiscal ,needs in contracts relating to commodities and electronic data processing and telecommunications goods and services. State agencies should be able to specify their anticipated life cycle - requirements that would become one of the criteria for procurement selection. These agencies should be given the choice of vendors to meet statewide standardization needs, unique service requirements, application requirements, and long-term satisfaction criteria. There is a need for the State of California to enter into long-term contracts with annual cancellation and fund out clauses, as required, to protect the state's interests as well as provide the option for multiyear renewals to encourage vendors to develop higher levels of service and support throughout the contracts. (b) The state may utilize multiple awards including federal General Service Administration Multiple Awards Schedules in procurements for commodities and electronic data processing and telecommunications goods; master services agreements for electronic data processing personal services; master agreements for equipment; and master equipment services agreements. For purposes of this subdivision, a multiple award is an award of an indefinite quantity contract for one or more similar goods to more than one vendor. Except for possible multiple awards as permitted by this subdivision, all the requirements of this chapter pertaining to other types of elec-ronic data processing and telecommunications procurements shall be followed. The Department of General Services shall ensure that multiple award schedules are in compliance with all other applicable statutes. Notwithstanding any other provision of law, state agencies, in exercising their delegation of procurement authority from the Department of General Services, may make awards to vendors, in an amount not to exceed two hundred fifty thousand dollars ($250,000) per transaction, who have multiple award schedules with the General Services Administration of the United States on the same terms, conditions, and prices if the vendor is willing to do so. The department may also develop multiple award agreements for use by state agencies in the same manner. SEC. 6. Section 12102 of the Public Contract Code is amended to read: 12102. The Department of Finance and the Department of General Services shall maintain, in the State Administrative Manual, policies and procedures governing the acquisition and disposal of electronic data processing and telecommunications goods and services. (a) Acquisition of electronic data processing and telecommunications goods and services shall be conducted through competitive means, except when the Director of General Services determines that (1) the goods and services proposed for acquisition are the only goods and services which can meet the state's need, or (2) the goods and services are needed in cases of emergency where immediate acquisition is necessary for the protection of the public health, welfare, or safety. The acquisition mode to be used and the procedure to be followed shall be approved by the Director of General Services. The Department of General Services shall maintain, in the State Administrative Manual, appropriate criteria and procedures to ensure compliance with the intent of this chapter. These criteria and procedures shall include acquisition and contracting guidelines to be followed by state agencies with respect to the acquisition of electronic data processing and telecommunications goods and services. These guidelines may be in the form of standard formats or model formats. (b) Contract awards for all large-scale systems integration projects shall be based on the proposal that provides the most value-effective solution to the state's requirements, as determined by the evaluation criteria contained in the solicitation document. Evaluation criteria for procurement of electronic data processing and telecommunications services, including systems integration, shall provide for the selection of a vendor on an objective basis not limited to cost alone. (1) The Department of General Services shall invite active participation, review, advice, comment, and assistance from the private sector and state agencies in developing procedures to streamline and to make the acquisition process more efficient, including but not limited to consideration of comprehensive statements in the request for proposals of the business needs and governmental functions, access to studies, planning documents, feasibility study reports and draft requests for proposals applicable to procurements, minimizing the time and cost of the proposal submittal and selection process, and development of a procedure for submission and evaluation of a single rather than multiple proposals. (2) Solicitations for acquisitions based on evaluation criteria other than cost alone shall provide that sealed cost proposals shall be submitted and that they shall be opened at a time and place designated in the solicitation for bids and proposals. Evaluation of all criteria, other than cost, shall be completed prior to the time designated for public opening of cost proposals, and the results of the completed evaluation shall be published immediately before the opening of cost proposals. The state's contact person for administration of the procurement shall be identified in the solicitation for bids and proposals, and that person shall execute a certificate under penalty of perjury, which shall be made a permanent part of the official procurement file, that all cost proposals received by the state have been maintained sealed and under lock and key until the time cost proposals are opened. (c) The acquisition of hardware purchased independently of a system integration project may be made on the basis of lowest cost meeting all other specifications. (d) Whenever an acquisition is based upon cost alone, so that the award of a contract, purchase order, or delegated purchase order is made to the lowest responsible bidder meeting the specifications, the 5 percent small business preference provided for in Chapter 6.5 (commencing with Section 14835) of Part 5.5 of Division 3 of Title 2 of the Government Code and the regulations implementing that chapter shall be accorded to all qualifying small businesses. (e) For all transactions formally advertised, evaluation of bidders' proposals for the purpose of determining contract award for electronic data processing and telecommunications goods shall provide for consideration of a bidder's best financing alternatives, including lease or purchase alternatives, if any bidder so requests, not less than 30 days prior to the date of final bid submission, unless the acquiring agency can prove to the satisfaction of the Department of General Services that a particular financing alternative should not be so considered. (f) Acquisition authority may be delegated by the Director of General Services to any state agency which has been determined by the Department of General Services to be capable of effective use of that authority. This authority may be limited by the Department of General Services. Acquisitions conducted under delegated authority shall be reviewed by the Department of General Services on a selective basis. (g) To the extent practical, the solicitation documents shall provide for a contract to be written to enable acquisition of additional items to avoid essentially redundant acquisition processes when it can be determined that it is economical to do SO. Further, it is the intent of the Legislature that, if a state electronic data-processing advisory committee or a state telecommunications advisory committee is established by the Governor, the Director of Finance, or the Director of General Services, the policies and procedures developed by the Director of Finance and the Director of General Services in accordance with this chapter shall be submitted to that committee, including vendor representatives, for review and comment, and that the comment be considered by both departments prior to the adoption of any policy or procedure. It is,also the intent of the Legislature that this section shall apply to the Department of General Services Information Technology Customer Council. (h) Protest procedures shall be developed to provide bidders an opportunity to protest formally with respect to any acquisition conducted in accordance with this chapter. The procedures shall provide that protests must be filed no later than five working days after the issuance of an intent to award. Authority to protest may be limited to participating bidders. The Director of General Services, or a person designated by the director, may consider and decide on initial protests. A decision regarding an initial protest shall be final. If prior to the last day to protest, any vendor who has submitted an offer files a protest with the department against the awarding of the contract or purchase order on the ground that his or her bid or proposal should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the State Board of Control has made a final decision as to the action to be taken relating to the protest. Within 10 calendar days after filing a protest, the protesting vendor shall file with the State Board of Control a full and complete written statement specifying in detail the grounds of the protest and the facts in support thereof. (i) Electronic data processing and telecommunications goods which have been determined to be surplus to state needs shall be disposed of in a manner which will best serve the interests of the state. Procedures governing the disposal of surplus goods may include auction or transfer to local governmental entities. (j) A vendor may be excluded from bid processes if the vendor' s performance with respect to a previously awarded contract has been unsatisfactory, as determined by the state in accordance with established procedures which shall be maintained in the State Administrative Manual. This exclusion may not exceed 360 calendar days for any one determination of unsatisfactory performance. Any vendor excluded in accordance with this section shall be reinstated as a qualified vendor at any time during this 360 -day period, upon demonstrating to the department' s satisfaction that the problems which resulted in the vendor's exclusion have been corrected. SB 910 State contracts. BILL NUMBER: SB 910 BILL TEXT CHAPTER FILED WITH SECRETARY OF STATE APPROVED BY GOVERNOR PASSED THE SENATE PASSED THE ASSEMBLY AMENDED IN ASSEMBLY AMENDED IN ASSEMBLY AMENDED IN ASSEMBLY AMENDED IN SENATE AMENDED IN SENATE AMENDED IN SENATE INTRODUCED BY Senator Polanco FEBRUARY 23, 1995 CHAPTERED 10/16/95 932 OCTOBER 16, 1995 OCTOBER 15, 1995 SEPTEMBER 12, 1995 SEPTEMBER 11, 1995 AUGUST 29, 1995 JULY 18, 1995 JUNE 20, 1995 MAY 10, 1995 APRIL 18, 1995 MARCH 30, 1995 An act to amend Sections 10290.1 and 12101.5 of, and to add Section 10300 to, the Public Contract Code, relating to state contracts. LEGISLATIVE COUNSEL'S DIGEST SB 910, Polanco. State contracts. (1) Existing law provides that specified types of state contracts or purchase orders shall not be awarded until any bid protest has been withdrawn or the State Board of Control has made a final decision as to the action to be taken relating to the protest. This bill would require the establishment of the position of Customer and Vendor Advocate in the Department of General Services to provide specified services to protesting bidders. (2) Existing law authorizes state agencies, in exercising their delegation of procurement authority from the Department of General Services, to place purchase orders for materials, supplies, equipment, and services in an amount not to exceed $20,000 per transaction, and make awards for electronic data processing and telecommunications goods and services in an amount not to exceed $250,000 per transaction, with vendors who have multiple award schedules with the federal government, subject to certain conditions. This bill would remove the limitation on the amount of purchase orders for materials, supplies, equipment, and services, and of awards for electronic data processing and telecommunications goods and services under these provisions, and would instead require the department to determine the delegation procurement authority for agencies subject to these provisions, subject to certain conditions. SECTION 1. The Legislature finds and declares the following: (a) Ensuring value -effective solutions for the state's procurement needs requires the appearance and reality that acquisitions for materials, supplies and equipment, services and consulting services, and electronic data processing and telecommunications goods and services, are conducted fairly and impartially. (b) The integrity of the procurement process, as well as the ability to attract maximum competition, are further enhanced by allowing an aggrieved bidder the right to a timely and equitable process to protest a solicitation, award, or related decision. (c) In February 1994, the Governor, in Executive Order W-73-94, identified the need for, and directed the Department of General Services, Procurement Division to undertake, a comprehensive procurement reform initiative, now referred to as "Procurement 2000." SEC. 2. Section 10290.1 of the Public Contract Code is amended to read: 10290.1. (a) Notwithstanding any other provision of law, in exercising their delegation of procurement authority from the Department of General Services, state agencies may place purchase orders with vendors who have multiple award schedules with the General Services Administration of the United States if the vendor is willing to extend those terms, conditions, and prices. The department may also develop multiple award agreements for use by state agencies in the same manner. (b) The Department of General Services shall determine the delegation procurement authority, to be set forth in the State Administrative Manual, for agencies wishing to place purchase orders with vendors who have multiple award schedules. The department shall seek input from both customer departments and agencies and private sector vendors. SEC. 3. Section 10300 is added to the Public Contract Code, to read: 10300. (a) A Customer and Vendor Advocate shall be established in the Department of General Services as a resource to state agencies and departments, and vendors seeking information regarding the state process, procedures, and regulations for bidding on state contracts, and as a resource to bidders seeking to file a protest on award in accordance with this chapter. The advocate shall, at a minimum, provide the following services to the protesting bidder: (1) Assistance to customer departments and agencies regarding procurement rules and regulations, and acquisition resource options. (2) Assistance to the bidder in assessing the validity of the bidder's proposed grounds of filing the protest in accordance with the terms of the solicitation on the contract, as well as statutory or regulatory guidelines governing the procurement in question. (3) Provision of information to the protesting bidder regarding avenues and options available to the bidder to proceed with a formal protest on the award. (b) The advocate shall make services, as specified in this section, available on a timely basis to the protesting bidder. (c) Notification to bidders regarding the availability of services by the advocate shall be included in the solicitation document. This notification shall also outline procedures and timelines for bidders who may wish to engage the services of the advocate. SEC. 4. Section 12101.5 of.the Public Contract Code is amended to read: 12101.5. (a) It is the intent of the Legislature that agencies of the State of California utilize an acquisition method that is compatible with their short- and long-term fiscal needs in contracts relating to commodities and electronic data processing and telecommunications goods and services. State agencies should be able to specify their anticipated life cycle requirements that would become one of the criteria for procurement selection. These agencies should be given the choice of vendors to meet statewide standardization needs, unique service requirements, application requirements, and long-term satisfaction criteria. There is a need for the State of California to enter into long-term contracts with annual cancellation and fund out clauses, as required, to protect the state's interests as well as provide the option for multiyear renewals to encourage vendors to develop higher levels of service and support throughout the contracts. (b) The state may utilize multiple awards including federal General Service Administration Multiple Awards Schedules in procurements for commodities and electronic data processing and telecommunications goods; master services agreements for electronic data processing personal services; master agreements for equipment; and master equipment services agreements. For purposes of this subdivision, a multiple award is an award of an indefinite quantity contract for one or more similar goods to more than one vendor. Except for possible multiple awards as __� a. 10 permitted by this subdivision, all the requirements of this chapter pertaining to other types of electronic data processing and telecommunications procurements shall be followed. The Department of General Services shall ensure that multiple award schedules are in compliance with all other applicable statutes. (c) Notwithstanding any other provision of law, state agencies, in exercising their delegation of procurement authority from the Department of General Services, may make awards to vendors who have multiple award schedules with the General Services Administration of the United States on the same terms, conditions, and prices if the vendor is willing to do SO. The department may also develop multiple award agreements for use by state agencies in the same manner. The Department of General Services shall determine the delegation procurement authority for agencies wishing to use multiple award schedules pursuant to the State Administrative Manual. Searching keywords: (statusch) (authorPolanco) (Hoos) -,I -'), . 1 1 Exhibit D-3 State CMAS contract with Dell Computer Corporation Department of Ge-teral Services Pr�urntnerwt Divi: cin P.O. Box 942844 Sacramento, CA 54204-001 .L C" State of California MULTIPLE AWARD SCHEDULE SUPPLEMENT NO. 2 Dell Marketing L.P. 3-94-70-0012 - Brand -Dell PC -Component PC -System Repair Parts Software -Application COWRACT NUMBER 3-94-70-0012 4/119£ through 3#31199 AND GSA* TERM': DISTRIBUTION: STATEWIDE or other si� schrduses as defined by CMAS Unit fiWS Schedule - GSA 0105 -35F -4076D (induces Moddications t - 51 Ths eupplernartt resplates in its entirely Dell Marketing's existing California Multiple Award Schedule (CMAS) which expired on March 31, 1996. Ths contract is available for use by State of California agencies and any city, county, Nty and county, district or other local governmental body or corporation empowered to expend pablic fends. While the State makes Oil.; coniram available, aach lo;al agency snauio mate its own aetermingtion vvnmther the CIiVAS program Is consistdn: with their procurement pol�cies aro regulations. CHAS Contractcrs are required to prcvicle gl CMAS and Federsl contract termer and ccniditions with the listis) of products. services, and prices. These teras and conditions may include guarantees and othair important provisions not included an the enntract cover page- PLFASF FFQUFST FACIM r`_e')NTi4lrtCTnFt A COPY OF ALL CONTRACT TERMS AND CONDITIONS IF NOT PROVIDED CNITlALLY. )� I ��l '' 9 C,,Q Effective Date: ELAINE HALL, Program Analyat, Gafifornie Multlplae Award SchcduF tJryrk Califomia Multiple Awards Schedule (CMAS) OVERVIEW OF CHANGES 1. CMAS terms and conditions may contain changes. Read the contract carefully and thoroughly. 2. Contract term extended to March 31, 1999 3. New Products 4. Price changes 5. Minimum order limit changed to none 6. Contractor contact name change 7. Minimal, rlon-material, changes to Federal contract terms and conditions 8. Order Limit, changed 9. Contractor Travel, language added 10. State Policy, language revised 1 1. Order of Precedence, language added 12. Not Specifically Priced (NSP) Items, language added 13. Order Form, language revised 14. Ordering Procedures, language added 15. Payment Terms, language added SELF -DELETING FEDERAL GSA TERMS AND CONDITIONS Instructions, or terms and conditions appearing in the Special Items or other provisions of the Federal GSA which are intended to apply to the purchase, license, or rental (as applicable) of the products or services by the U.S. Government in the United States, and/or to any overseas location shall be self -deleting. (Examples: "Examinations of Records" provision, and the "Commerce Daily Synopsis" requirements). Federal regulations and standards, such as Federal Acquisition Regulation (FAR), Federal Information Resources Management Regulation (FIRMR), Federal Information Processing Standards (FIPS), or General Services Administration Regulation (GSAR) shall be self -deleting. Federal blanket orders and small order procedures are not applicable. ORDER OF PRECEDENCE Any conflict or inconsistency in the meaning between CMAS and the terms and conditions appearing in, or otherwise intended to apply to the Federal GSA Schedule shall be resolved by giving preference to CMAS (see CMAS Terms and Conditions, CONFLICT OF TERMS). NOT SPECIFICALLY PRICED (NSP) ITEMS CMAS contractor has the option of accepting orders issued against their schedule contract which contains items not specifically priced (non -schedule items) under their. CMAS Contracts, subject to the following requirements. Schedule orders containing only NSP items are prohibited. To be included on an order issued under this contract, NSP items must adhere to the following provisions and limitation. 1. The Contractor agrees to specifically monitor all schedule orders received to ensure adherence to this provision. 2. The Contractor agrees not to include a listing of NSP items in its authorized schedule price list, or any other advertisement, publication or announcement. 3. A schedule order containing NSP items may be issued only if such an order results in the lowest overall alternative to meet the needs of the Government. 4. NSP items shall be clearly identified in the schedule order. Any product or service already specifically priced and included in the schedule contract may rot be identified as a NSP item. 5 . Maximum Order Limitation: The total dollar value of all of the NSP items included in a schedule order shall not exceed $2,500.00. 6/19/96 An NSP item included in an order issued against a schedule contract is subject to all of the terms and conditions set forth in the schedule contract. The following NSP items ARE SPECIFICALLY EXCLUDED from any order issued under this contract: . Items which are not intended for use in directly supporting the priced items included in the some order. An item must be subordinate to the specifically -priced item that the NSP item is supporting. For example, a cable, which is not otherwise specifically priced in the contract, is subordinate to a specifically priced printer or facsimile machine, and is eligible to be an NSP item subject to. that cable meeting the remaining NSP requirements. However, a printer or facsimile machine, which is not otherwise specifically priced in the contract, is not subordinate to a specifically priced cable, and is not eligible to be an NSP item. b) SUPPIY type items, except for the minimum amount necessary to provide initial support to the priced schedule items included in the same order. C) Software, except operating software. d) Computers, Computer Systems, Workstations and Terminals. e) External Peripherals. f) Trade-ins, Upgrades, involving the swapping of boards, are permissible, where the schedule contract makes specific provisions for this action. In those instances where it is permitted, the schedule order must include the replacement item and an order notation that the purchase involves the swapping of a board. g) Any other item or class of items which is specifically excluded from the scope ofthis schedule contract. The Contractor will not accept any order under the contract containing NSP items which does not conform to these terms. The Contractor will promptly notify the Customer agency issuing the non -conforming order of its non acceptance and the reasons for its non acceptance. ORDER FORM State agencies shall use a Contract/Delegation Purchase Order (Std. 65) for purchases and services. Local governments shall, in lieu of the State's Purchase Order (Std. 65), use their own purchase order document. The Procurement Division will bill each state and local agency for use of CMAS contracts, equal to 1 % of the value of each order. The Procurement Division will bill state and local agencies directly. The 1% fee should NOT be included in the order total, or remitted before a bill is'received from us. One cony of each order shall be forwarded to the Department of General Services (DGS). Procurement Division, 1808 14th Street Suite 100, Sacramento 95814 Attention: Carol Umfleet (RAC# B17) ORDERING PROCEDURES The ordering entity is required to complete and distribute the ceder form. For services, the ordering entity shall modify the information contained on the form to include the service period (start and end date), and the monthly cost (or other intermittent cost), and any other information pertinent to the California Multiple Awards Schedule (CMAS) services being provided The Cost for each line item should be included on the order, not just system totals. STATE POLICY USE OF CMAS IS OPTIONAL. AGENCIES ARE STRONGLY ENCOURAGED TO OPTIMIZE THE BENEFITS OF THE CMAS PROGRAM By COMPARING DIFFERENT SCHEDULES FOR VARYING PRODUCTS, SERVICES AND PRICES, AND CAREFULLY REVIEWING ALL CONTRACT TERMS AND CONDITIONS, TO OBTAIN THE BEST VALUE AVAILABLE. THE CALIFORNIA MULTIPLE AWAAD SCHEDULE DOES NOT REDUCE OR RELIEVE STATE AGENCIES OF THEIR RESPONSIBILITY TO MEET STATEWIDE REQUIREMENTS REGARDING CONTRACTS OR PROCUREMENTS OF GOODS OR SERVICES. Special attention should be given to the Automated Accounting System requirements of State Administrative Manual (SAM) Section 7260-62, the Productive Use Requirements of SAM Section 5203, and Processing Sole Source Procurements and Contracts requirenents of Management Memo 94-16. Agencies shpuld be aware that approval from the Department of Information Technology (DOIT) is required for: procurement of major Information Technology systems pursuant to SAM Section 4819.39, purchase of imaging equipment wfiich exceed $25,000, and purchase of used Information Technology equipment. Special attention should also be given to the requirements in SAM 4819.41 and 4832 for certification of compliance with policies. In addition, services may not be paid for in advance, and agencies must adhere to the guidelines in SAM Section 21202121 for servicing office equipment. The maximum amount of each transaction placed under the award schedule is $500,000.00. Splitting ofcontracts to avoid any monetary limitations is prohibited (SAM 1215). Do not circumvent normal procurement methods by splitting purchases into a series of delegated purchase orders (SAM 3572). Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited (SAM 4819.34). MINIM IM ORDER LIMITATION There is no minimum dollar value limitation on orders placed under this schedule. OPEN MARKET ITEMS The only time that open market items may be included in a CMAS order is when they fall under the parameters of the Not Specifically Priced (NSP) items provision. If the NSP provision is not included in the schedule, or the products and/or services required do not qualify under the parameters of the NSP provision, the products and/or services must be procured separate from CMAS. CREDIT CARD Dell Marketing accepts the State of California credit card (Cal -Card). Contractors are required to include in their quarterly reports the ordering entity, credit card number and total charge for each CAL -Card transaction. Agencies are NOT required to submit support documentation to CMAS for CAL -Card transactions, and the CMAS Unit will not bill agencies for CAL - Card transactions. CONTRACTOR TRAVEL State agencies (not local governments) should refer to SAM 0774 "TRAVEL AND RELATED REIMBURSEMENT OF PERSONS NOT STATE EMPLOYEES," when transportation and per diem costs are to be reimbursed by the State. SHIPPING INSTRUCTIONS F.O.B. (Free On Board) Destination. PAYMENT TERMS Net 30 days. Each State accounting office must have a copy of the attached Vendor Data Record (Std 204) in order to process Payment of invoices. Agencies should forward a copy of the Std. 204 to their respective accounting officals). Without the Std. 204, payment may be unnecessarily delayed DISCOUNTS See schedule for vendor discounts. DELIVERY 5 - 120 days after receipt of order, or as negotiated between agency and contractor. WARRANTY See award schedule for warranties. MINORITY/WOMEN/DISABLED VETERAN BUSINESS ENTERPRISES(M/W/DVBE) DGS Procurement Division will provide periodically a list of Contractors with approved schedules. This list will identify Minority/Women/Disabled Veteran Business Enterprises 0NW/DVBE) and small businesses, and we strongly encourage agencies to use these Contractors whenever possible. 6/19/96 3 3.3 California Multiple Awards Schedule (CMAS) OWNERSHIP INFORMATION Dell Marketing is a large business enterprise. AWARD SCHEDULE DISTRIBUTION AND UPDATES Contractors will provide Copies of their catalog(s) or listing(s), contract terms and conditions, and all updates upon request_ ALTERNATIVF MEDIA AND ON-LINEACCESS TO SCHEDULES Contact Contractor directly regarding the availability of schedules or listings on CD ROM, or access to electronic Bulletin Board Systems (BBS). NUMBER CONTRACTOR MAILING ADDRESS AND PHONE NUMBER Orders may be mailed to the following address, or faxed to (800)365-5329: Dell Marketing L.P. P.O. Box 9986 Austin. Texas 78766-9986 Attn: Larry Wayne - State Govt. Cindy Cobuai - Higher Education Agencies with questions regarding products and/or services may call (800) 981-3355 Larry Wayne - State Govt. (Ext. 67589) Cindy Cobuzzi - Higher Education (Ext. 61969) DGS PROCUREMENT DIVISION CONTACT AND PHONE NUMBER Carol Umfleet Department of General Services Procurement Division 1808 14th Street, Suite 100 Sacramento, CA 95814 Phone # 916/324-8045 Calnet # 8/454-8045 Fax # 916/323-1441 Want to know more about CMAS? We welcome the opportunity to present the details of this program to your agency or group. Please contact the California Multiple Award Schedule Unit 916/324-8045 or Calnet 8/454-8045 to arrange a date and time. 6/19/96 4 3 f CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) CONTRACT TERMS AND CONDITIONS This agreement shall provide the State, at its discretion, the right to procure the products and services offered by the Contractor as identified in the Contractor's California Multiple Award Schedule; subject to the availability of funds, unless earlier terminated by the State in accordance with the termination provisions contained herein. 1. APPROPRIATION OF FUNDS If the term of this contract extends into fiscal years subsequent to that in which it is approved, such continuation of the contract is subject to the appropriation of finds for such purpose by the Legislature. If finds to effect such continued payment are not appropriated, Contractor agrees to take back any affected equipment and software famished under this contract, terminate any services supplied to the State under this contract, and relieve the State of any Rather obligation therefor. STATE AGREES THAT IF PROVISION A ABOVE IS INVOKED, EQUIPMENT SHALL BE RETURNED TO CONTRACTOR IN SUBSTANTIALLY THE SAME CONDITION IN WHICH IT WAS DELIVERED TO THE STATE. SUBJECT TO NORMAL WEAR AND TEAR STATE FURTHER AGREES TO PAY FOR PACKING, CRATING, TRANSPORTATION TO CONTRACTOR'S NEAREST FACILITY AND FOR REIMBURSEMENT TO THE CONTRACTOR FOR EXPENSES INCURRED FOR THEIR ASSISTANCE IN SUCH PACKING AND CRATING. 2. DRUG-FREE WORKPLACE CERTIFICATION By signing this contract, the Contractor hereby certifies tinder penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug - Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions: Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions Zo be taken against employees for violations, as required by Government Code Section 8355(a). Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: 1) the dangers of drug abuse in the workplace; 2) the Person's or organization's policy of maintaining a drug-free wwkplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355 (c), that every employee who works on the proposed contract: 6/19/96 1) will receive a copy of the company's drug-free policy statement; and, 2) will agree to abide by the tents of the company's statement as a condition of employment on the contract. Failure to comply with these requirements may result in suspension Of Payments under the contract or termination of the contract or both and the Contractor may be ineligible for award of any future State contracts if the department determines that any of the following has occurred: (1) the Contractor has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION By signing hereon the Contractor swears under penalty of perjury that no more than one final, unappealable finding of contempt of court by a Federal court has been issued accordance with Public Contract Code Section 10296. 4. STATEMENT OF COMPLIANCE The Contracto's signature affixed hereon and dated shall constitute a certification under the penalty of perjury under the laws of the State of California that the Contractor has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 3103. 5. EXAMINATION AND AUDIT State Auditor Audit The contracting parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the contract in accordance with Government Code Section 8546.7. The examination and audit shall be confined to those matters connected with the performance of the contract, including, but not limited to, the costs of administering the contract California Multiple Awards Schedule (CMAS) Mmonty/Women/Disabled Veteran Busines Enterprise Audit Contractor agrees that the awarding department, or its delegates, will have the right to review, obtain, and copy all records pertaining to performance of the contract. Contractor agrees to provide the awarding department, or its delegates, with any relevant information requested and shall permit the awarding department, or its delegates, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with Public Contract Code Section 101 15 et seq. and Title 2, California Code of Regulations, Section 1896.60 et seq. Contractor further agrees to maintain such records for a period of three (3) years after final payment under the contract. CONTRACTOR'S LICENSE (INSTALLATION OF TELEPHONE WIRING ONLI� Any Person(s) and or firm(s) that will be installing telephone wiring must have the appropriate contractor's license (Class C-7, C-10, or C -61/D05) in accordance with regulations established by the State Contractor's License Board, Department of Consumer Affairs. Contractors must complete the applicable Contractor's License Information, Exhibit V -E, for their firm and for any person(s) and or firm(s) that will be installing telephone wiring at the installation site(s). Exhibit V -E (attached) shall be submitted to the agency before an order is issued SPECIAL CONDITION- PUBLIC WORKS REQUIREMENTS (APPLICABLE TO INSTALLATION ONLY) Prior to the commencement of performance, the Contractor must obtain and provide to the State, a payment bond, on Standard Form 807, when the contract involves a public works expenditure (labor/installation costs) in excess of $5,000. Such bond shall be in a sum not less than one-half the contract price. Forms shall be provided to the Contractor. In accordance with the provisions of Section 1 773 of the California Labor Code, the Contractor shall, conform and stipulates to the general prevailing rate of wages, including employer benefits as defined in Section 1773.1 of the California Labor Code, applicable to the classes of labor to be used for public works such as at the delivery site for the assembly and installation of the equipment or materials under the contract. Pursuant to Section 1770 of the California Labor Code, the Department of Industrial Relations has ascertained the general prevailing rate of wages in the county in which the work is to be date, to be as listed in the Department of Transportation booklet entitled General Prevailing Wage Rates. The booklet is compiled monthly and copies of the same are on file at the Department of General Services, Procurement Division, 1823 14th Street, Sacramento. The booklet is required to be posted at the job site. The Contractor hereby certifies by signing this contract that: Contractor has met or will comply with the standards of affirmative compliance with the Non - Discrimination. Clause Requirements included herein. Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake selfinsur8moe in accordance with the provisions of 6/19/96 that Code, and Contractor will comply with such provisions before commencing the performance of the work of this contract. Laws to be Observed 1) Labor Pursuant to Section 1 775 of the California Labor Code the Contractor shall, as a penalty to the State or Political subdivision on whose behalfthe contract is made or awarded, forfeit not more than fifty ($50.00) for each calendar day, or portions thereof for each worker paid by him or subcontractor under him, less than the prevailing wage so stipulated, and in addition, the Contractor further agrees to pay to each workman the difference between the actual amount paid for each calendar day, or portions thereof and the stipulated prevailing wage rate for the same. This provision shall not apply to properly indentured apprentices. Pursuant to Sections 1810-1815 of the California Labor Code, inclusive, it is further agreed that the maximum hours a worker is to be employed is limited to eight hours a day and forty hours a week and the Contractor shall forfeit, as a penalty to the State, twenty-five ($25) for each worker employed in the execution of the contract for each calendar day during which a workman is required or Permitted to labor more thin eight hours in any calendar day or more than forty hours in any calendar week, in violation of California Labor Code Sections 18 10-1815, inclusive. 2) Worker's Compensation insurance The Contractor will be required to secure the payment of compensation to its employees in accordance with the provisions of Labor Code Section 3700- 3) Travel and Subsistence Pavmenta Travel and subsistence payments shall be paid to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 4) Apprentices Special attention is directed to Section 1777.5, 1 777.6, and 1777.7 of the California Labor Code and Title 8, California Administrative Code Section 200 et seq. Each Contractor and/or subcontractor must, prior to commencement of the public works contract, contact the Division of Apprenticeship Standards, 525 Golden Gale Avenue, San Francisco, CA, or one of its branch offices to insure compliance and complete understanding of the law regarding apprentices and specifically the required ratio thereunder. Responsibility for compliance with this section lies with the prime contractor. 5) Payroll Califomia Multiple Awards Schedule (CMAS) DISPUTES (APPLIES TO SERVICE CONTRACTS ONL Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time by the Contractor and State employees normally responsible for the administration of this contract shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organisation for joint resolution. At the request of either party, the State shall provide a fonun for discussion of the disputed item(s), at which time the State Chief of Procurement, or his representative, shall be available to assist in the resolution by providing advice to both parties as to the State of California EDP policies and procedures. If agreement cannot be reached through the application of high level management attention, either party may assert its other rights and remedies within this contract or within a corm of competent jurisdiction. The rights and remedies of the State provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract, THE STATE AND THE CONTRACTOR AGREE THAT, THE EXISTENCE OF A DISPUTE NOTWITHSTANDING, THEY WILL CONTINUE WITHOUT DELAY TO CARRY OUT ALL THEIR RESPONSIBILITIES UNDER THIS CONTRACT WHICH ARE NOT AFFECTED BY THE DISPUTE. CONTRACTOR EVALUATION (CONSULTING SERVICE CONTRACTS OVER 55 000) In accordance with the California Government Code, Contractor perfomance evaluation will be completed within the guidelines of the State Administrative Manual, Section 1293. The State contracting agency, upon contract completion, will complete and forward the contractor evaluation to the Department of General 12 Services. ASSIGN The following provision of Government Code Section 4552, 4553, and 4554 (Statutes of 1978, Ch. 414) shall be applicable to the Contractor. In signing this contract, the Contractor agrees that it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 ofthe Business and Professions Code], arising from purchases of goods, matp-rials, or services by the Conractor for sale to the purchasing body pursuant to the contract. Such assignment shall be made and become effective at the ,tme tie purchasing body tenders final payment to the Contractor. If an awarding body -or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for ac„ ural legal costs inc,(a)rred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the contract price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. REQUIRED PAYMENT DATE Payment is due to Contractor 30 days from the date the equipment, software or services are received and accepted by the State or 30 days from the date a correct invoice is received in the office specified by the State, whichever is later. When provision is made for a testing period preceding acceptance by the State, date of acceptance shall mean the date the equipment or software is accepted by the State during the specified testing period. 13. NONDISCRINIINATION CLAUSE During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 72950 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and 6/19/96 � 3-7 10. CONTRACTS IN EXCESS OF $200,000 (APPLIES TO The contractor shall keep an accurate payroll SERVICE record showing the name, social security account, work classification and straight time and overtime Contractor shall give priority consideration in fillifig vacancies hours worked by each employee. A certified copy in positions funded by this contract to qualified recipients of aid of the employee's payroll record shall be available under Welfare and Institutions Code Section 11200 (Public for inspection as specified in section 1776 of the Contract Code 10353). California Labor Code. DISPUTES (APPLIES TO SERVICE CONTRACTS ONL Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time by the Contractor and State employees normally responsible for the administration of this contract shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organisation for joint resolution. At the request of either party, the State shall provide a fonun for discussion of the disputed item(s), at which time the State Chief of Procurement, or his representative, shall be available to assist in the resolution by providing advice to both parties as to the State of California EDP policies and procedures. If agreement cannot be reached through the application of high level management attention, either party may assert its other rights and remedies within this contract or within a corm of competent jurisdiction. The rights and remedies of the State provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract, THE STATE AND THE CONTRACTOR AGREE THAT, THE EXISTENCE OF A DISPUTE NOTWITHSTANDING, THEY WILL CONTINUE WITHOUT DELAY TO CARRY OUT ALL THEIR RESPONSIBILITIES UNDER THIS CONTRACT WHICH ARE NOT AFFECTED BY THE DISPUTE. CONTRACTOR EVALUATION (CONSULTING SERVICE CONTRACTS OVER 55 000) In accordance with the California Government Code, Contractor perfomance evaluation will be completed within the guidelines of the State Administrative Manual, Section 1293. The State contracting agency, upon contract completion, will complete and forward the contractor evaluation to the Department of General 12 Services. ASSIGN The following provision of Government Code Section 4552, 4553, and 4554 (Statutes of 1978, Ch. 414) shall be applicable to the Contractor. In signing this contract, the Contractor agrees that it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 ofthe Business and Professions Code], arising from purchases of goods, matp-rials, or services by the Conractor for sale to the purchasing body pursuant to the contract. Such assignment shall be made and become effective at the ,tme tie purchasing body tenders final payment to the Contractor. If an awarding body -or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for ac„ ural legal costs inc,(a)rred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the contract price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. REQUIRED PAYMENT DATE Payment is due to Contractor 30 days from the date the equipment, software or services are received and accepted by the State or 30 days from the date a correct invoice is received in the office specified by the State, whichever is later. When provision is made for a testing period preceding acceptance by the State, date of acceptance shall mean the date the equipment or software is accepted by the State during the specified testing period. 13. NONDISCRINIINATION CLAUSE During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 72950 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and 6/19/96 � 3-7 California Multiple Awards Schedule (CMAS) made a part hereof as if set forth in full. Contractor and its items provided, the amount paid to the vendor, or on the cost to subcontractors shall give written notice of their obligations under the State. this clause to labor organizations with which they have a collective bargaining or other agreement. I& CONTRACT AMOUNT This Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. 14. VENDOR DATA RECORD Each Contractor doing business with me State of California must indicate their residency status along with their vendor identification number. Contractors are required to provide a completed Vendor Data Record, Std. 204 (attached), to the DGS Procurement Division before entering into this contract 15. DEBARMENT CERTIFICATION (FEDERALLY FUNDED SERVICE CONTRACTS OVER $10.000) The Prospective recipient of Federal assistance funds is required to certify (attached), that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. The Contractor is required to complete the attached certification before entering into this contract 16. TERMINATION OF CONTRACT a. The State may terminate this contract at anv time upon one month prior written notice. b. If the Contractor's GSA Multiple Award Schedule is terminated within the term of the California Multiple Award Schedule, the California schedule shall also be considered to be terminated on the same date. C. UPON TERMINATION OR OTHER EXPIRATION OFHIS CONTRACT, EACH PARTY WILL ASSIST THE OTHER PARTY IN ORDERLY TERMINATION OF THE CONTRACT AND THE TRANSFER OF ALL ASSETS, TANGIBLE AND INTANGIBLE. AS MAY FACILITATE THE ORDERLY, NONDISRUPTED BUSINESS CONTINUATION OF EACH PARTY. d. PRIOR TO THE EXPIRATION OF THIS CONTRACT, THIS CONTRACT MAY BE TERMINATED FOR THE CONVENIENCE OF BOTH PARTIES BY MUTUAL CONSENT. UPDATES AND/OR CHANGES Any updates and/or changes to the GSA Mudtiplt3 Award Schedule (or other multiple award contract) prices andlor catalog shall be available to the State of California when they become effective for the Federal Government (or other awarding authority), except for Contractors adding new manufacturer's products and/or services which are based on another Contrator's federal schedule or other multiple award schedule. When Contractors offer new manufacturer's products and/or services which reside on another Contractor's schedule or contract the CMAS Unit must approve an amendment adding the new manufacturer's nroducts and/or services BEFORE thev may be sold to the State of California Also, new federal contract terms and conditions which constitute a material difference from existing contract terms and conditions are not considered approved until the CMAS Unit issues a supplement including the new teens and conditions. A material change has a potentially significant effect on the delivery, quantity or quality of 6/19/96 There is no nummum or maximum dollar amount specified by this contract nor is there any guarantee of nummurn purchase of Contractor's products or services by the State. 19. PURCHASE ORDER LNUTS Orders for information Technology products and/or services shall not exceed $500,000 per transaction Orders for non Infomration Technology (commodities) products andlor services shall not exceed $100,000 per transaction. 20. NO ADDITIONAL COSTS No additional costs heyind those identified in the agreement shall be incurred by the State for obtaining the products and services offered. 21. DELIVERY (ORDERS $250,000 OR LESS) If the Contractor does not deliver its products to a site designated by the State within the delivery time specified, the State may terminate the right of the Contractor to deliver and may obtain substitute products. 22. CONFIDENTIALITY All financial, statistical, personal, technical and other data and information relating to the State's operation which are designated confidential by the State and made available to the Contractor in order to Carry out this agreement, or which become available to the Contractor in carrying out this agreement, shall be protected by the Contractor from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to the State. The identification of all such confidential data and information as well as the State's procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided by the State in writing to the Contractor. If the methods and procedures employed by the Contractor for the protection of the Contractor's data and information are deemed by the State to be adequate for the protection of the State's confidential information, such methods and procedures may be used, with the written consent of the State, to carry out the intent of this paragraph. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is already rightfully in the Contractor's possession, is independently developed by the Contractor outside the scope of this agreement, or is rightfully obtained from third parties. 23. QUARTERLY REPORTS The Contractor must submit a detailed report quarterly to the DGS Procurement Division, 1823 14th Street, Room 204, Sacramento, CA 95814, Attention: Carol Umfleet. The report shall include the agency name, order number, order date, billing code, cost per order, agency contact name and phone number. For service orders, the quarterly report must include the service period (start and end date) for each order. As an alternative to the quarterly report, a copy of each order may be submitted.(copies of invoices will not fulfill this requirement). This information is required within 13-F 24. 25. 26. California Multiple Awards Schedule (CMAS) two weeks of the end of March, June, September. and December of each calendar year. TAXES The State of California is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on the Contractor or on any taxes levied on employee wages. The State will only pay for any State or local sales or use taxes on the services rendered or equipment, pans or software supplied to the State pursuant to this contract. INVOICES AND PAYMENTS The Contractor shall render invoices to the ordering agency. Invoices for purchases and software fees are not due and payable until successful completion of any applicable acceptance testing. Invoices for services are not due and payable, and do not constitute an obligation of the State, until the month following the month for which charges accrue. AMENDMENTS This contract may be amended by mutual consent of the parties. An amendment shall not be effective until approved by the Director of General Services, or until a certification of exemption from such approval has been signed by the contracting agency. No alteration or variation of the tents of this contract shall be valid unless made in writing, and no oral understanding or agreement not incorporated herein shall be binding on anv of the parties hereto. 27. ASSIGNMENT This contract shall not be assignable in whole or in part without written consent of the State. U is the policy of the State of California to withhold consent from proposed assignments, subcontracts, or novations when such transfer of responsibility would operate to decrease the State's likelihood of receiving performance on the contract. The State does not normally object to the granting of assignments for financial purposes provided that the original Contractor retains all of its responsibilities and obligations under the contract. In the event of any assignment herein to which the State has consented, each such assignment shall contain a provision that further assignments shall not be made to any third or subsequent party without additional written consent of the State unless otherwise stipulated in the State selected financing plan Should the State desire financing of the assets provided hereunder, the Contractor agrees to assign to a State - designated lender its right to receive payment from the State for the assets in exchange for payment by the lender of the cash purchase price for the assets. Upon notice to do so from the State -designated lender at any time prior to payment by the State for the assets, the Contractor will execute and deliver to the State -designated lender an assignment agreement and any additional documents necessary for the State selected financing plan. 28. GENERAL LIABILITY The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses, with the exception of consequential damages accruing or resulting to any other person, firm or egrporation famishing or supplying work services, materials or supplies in connection with the 6/19/96 performance of this contract, and from any and all claims and losses accruing or resulting to any person, film or corporation vvhich may be injured or damaged by the Contractor in the performance of this contract which are attributable to the negligence or intentionally tortious acts of the Contractor provided that the Contractor is notified in writing within 30 days that the State has knowledge of such cfaims. 29. GOVERNING LAW This Agreement shall be construed in accordance with, and its performance governed by, the laws of the State of California. 30. CONFLICT OF TERMS If there is a conflict between the terms and conditions of the Contractor's MULTIPLE award schedule and the California Multiple Award Schedule terms and conditions, the California Multiple Award Schedule terms and conditions shall prevail. 31. NEWS RELEASES News releases pertaining to this agreement shall not oe made without prior written approval of the DGS Procurement Division. 32. CONTRACTS (ORDERS) FUNDED IN WHOLE OR PART BY TBE FEDERAL GOVERNMENT All contracts (including individual orders), except for State construction projects, which are funded in whole or in pan by the federal government will contain a 30 -day cancellation clause and the following provisions: a. It is mutually understood between the parties that this contract (order) may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the contract (order) were executed after that determination was made. b. This contract (order) is valid and enforceable only if sufficient fiords are made av,3ilable to the State by the United States Government for the fiscal year during which the order was generated for the purposes of this program. In addition, this contract (order) is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms or funding of this contract (order@ in any manner. c. It is mutually agreed that it the Congress does not appropriate sufficient funds for the program, this contract (order) shat) be amended to reflect any reduction in funds. d. The department has the option to void the contract (order) under the 30day cancellation clause or to amend the contract to reflect any reduction of funds. 33. FOLLOW-ON CONTRACTS FOR CONSULTANT SERVICES IN FEASIBILITY STUDIES AND EDP ACOUISITION (SAM 5202) No person, firm, or subsidiary thereof who has been awarded a consulting services contract, or a contract which includes a consulting component, may be awarded a contract for the provision of services, delivery of goods or supplies, or any other related action which is required, suggested, or otherwise deemed appropriate as an end product of the consulting services contract Therefore, any consultant that contracts with a state agency to develop a feasibility study or provide formal recommendations for the acquisition of EDP products or services is precluded from -b 3.S California Multiple Awards Schedule (CMAS) contracting for any work recommended in the feasibility study or the formal recommendation. 34. COVENANT AGAINST GRATUITIES The Contractor warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the State with a view toward securing the contract or securing favorable treatment with respect to any determinations concerning the performance of the contract. For breach or violation of this warranty, the State shall have the right to terminate the contract, either in whole or in part, and any loss or damage sustained by the State in procuring on the open market any items which Contractor agreed to supply shall be home and paid for by the Contractor. The rights and remedies of the State provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. 35. CONFLICT OF INTEREST Current State Employees (Public Contract Code Section 1 041 0): No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity or enterprise is required as a condition of regular State employment No officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services. Former State Employees (Public Contract Code Section 1041 1): For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. 36. PATENT, COPYRIGHT, AND TRADE SECRET PROTECTION The Contractor, at its own expense, shall defend any action brought against the State to the extent that such action is based upon a claim that the equipment or software supplied by the Contractor, or the operation of such equipment pursuant to a current version of Contractor -supplied operating software, 37 infringes a United States patent, or copyright or violates a trade secret The Contractor shall pay those costs and a• damages finally awarded against the State in any such action. 6/19196 10 Such defense and payment shall be conditioned on the following: I ) That the Contractor shall be notified within a reasonable time in writing by the State of any notice of such claim; and, 2) That the Contractor shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that when principles of government or public law are involved, the State shall have the option to participate in such action at its own expense. Should the machines or software, or the operation thereof, become, or in the Contractor's opinion are likely to become, the subject of a claim of infringement of a United States patent, copyright or a trade secret, the State shall permit the Contractor at its option and expense either to procure for the State the right to continue using the machines or software, or to replace or modify the same so that they become noninfringing and continue to meet bid specifications. If neither of these options can reasonably be taken, or if the use of such equipment or software by the State shall be prevented by injunction, the Contractor agrees to take back such equipment or software, and refund any sums the State has paid Contractor less any reasonable amount for use or damage and make every reasonable effort to assist the State in procuring substitute equipment or software. It; in the sole opinion of the State, the return of such infringing equipment or software makes the retention of other items of equipment or software acquired from the Contractor under this contract impractical, the State shall then have the option of ten+inating the contract, or applicable portions thereof; without penalty or termination charge. The Contractor agrees to take back such equipment or software and refund any sums the State has paid Contractor less any reasonable amount for use or damage. The Contractor shall have no liability to the State under any provision of this Paragraph 36 with respect to any claim of patent, copyright, or trade secret infringement which is based upon: I ) The combination or utilization of machines furnished hereunder with machines or devices not made or furnished by the Contractor. 2) The operation of machines famished by the Contractor under the control of any operating software other than, or in addition to, the aforementioned current version of Contractorsupplied operating software. 3 The modification by the State of the machines furnished hereunder or of the aforementioned software 4) The combination or utilization Of software furnished hereunder with noncontractor's supplied software. The foregoing states the entire liability of the Contractor with respect to infringement of oatents, copyrights and trade secrets. LI1v1ITATION OF LIABILITY The equipmentshall be under State's exclusive management and control. The State agrees that the Contractor shall not be liable for any damages caused by the State's failure to fulfill California Multiple Awards Schedule (CMAS) any State responsibilities of assuring the proper use, management and supervision of the machines and programs, audit controls, operating methods, and office procedures, and for establishing all proper checkpoints necessary for the State's intended use of the machines. Contractor's liability for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, shall be limited to the greater of $200,000 or the purchase price stated herein for the specific machines that caused the damages or that are the subject matter of or are directly related to the cause of action. The foregoing limitation of liability shall not apply to the payment of costs and damage awards referred to in Paragraph 36, entitled "Patent, Copyright, and Trade Secret Protecion", to claims covered by other specific provisions calling for liquidated damages or specifying a different limit ofliability, or to claims for injury to persons or damage to property caused by Contractor's negligence. This limitation of liability does not apply to the receipt of court costs or attorney's fees that might be awarded by a court in addition to damages after litigation based on this contract. State's liability for damages for any cause whatsoever, and regardless of the form of action whether in contract or in tort, excluding negligence, shall be limited to the greater of $200,000 or the purchase price stated herein for the specific machines that caused the damage or that are the subject matter of or are directly related to the cause of action. In no event will either the Contractor or the State be liable for consequential damages even if notification has been given as to the possibility of such damages. 'equipment -an all-inclusive term which refers either to individual machines or to a complete data processing system or subsystem, including its operating software (if any). 38. FORCE MAJEURE Except for defaults of subcontractors, neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of the offending party. Such acts shall include but shall not be limited to acts of God, fire, flood, earthquake, other natural disasters, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or governmental statutes or regulations superimposed after the fact. If a delay or failure in performance by the Contractor arises out of a default of its subcontractor, and if such default ansed out ofcauses beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for damages of such delay or failure, unless the supplies or services to be famished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required performance schedule 39. RISK OF LOSS OR DAMAGE The State shall be relieved from all risks of loss or damage to the equipment under this contract prior to delivery andlor installation as defined in the actual purchase order except when such loss or damage is due to fault or negligence of the State. FOR CMAS ORDERS WHICH EXCEED $250,000 THE FOLLOWING TERMS AND CONDITIONS APPLY AND ARE ADDITIONAL TO PROVISIONS NUMBERED I TO 39. 40. SITE PREPARATION a. If the equipment to be installed requires special environmental considerations, Contractor shall provide site preparation specifications for equipment within a reasonable time upon request by the State. The equipment, if installed according to these specifications, shall operate efficiently, from an environmental point of view and properly from a fimctional point of view. b. The State may prepare a site plan showing the location of each item of equipment and detailing the associated electrical power and environmental control facilities. If requested, the Contractor will review and comment on the adequacy of the State's plan, and shall be permitted free access subject to the security requirements for the site for this purpose. Alternatively, the Contractor may prepare the site plan, and will be permitted free access to the site for this purpose. C. The State shall cause the site to be prepared in accordance with the Contractor's written minimum site and environmental specifications, unless the Contractor has agreed to be responsible for such site preparation, on or before the Facility Readiness Date specified in the order. d. Any subsequent alterations or modifications to the site which are directly attributable to incomplete or erroneous specifications provided by the Contractor and which involve additional expense shall be made at the expense of the Contractor, to the extent that such costs would not have been incurred had the complete andlor correct specifications been initially provided C. If any such site alterations as discussed above cause a delay in the installation, Paragraph 42, Liquidated Damages, shall apply. f. Unless mutually agreed to otherwise, arrangements for procurement, installation, and maintenance of noncontractoes communication media (telephone lines, moderns, etc.) necessary for the remote transmission of data are the responsibility of the State. In addition, if requested by the Contractor, the State shall provide one telephone, with appropriate coupling devices- for the transmission of data, for the Contractor's use in installation and maintenance of the equipment. Any toll charges resulting from the use of this instrument by the Contractor in the installation and maintenance of the equipment will be borne by the Contractor. 41. INSTALLATION AND DELIVERY DATES a. Equipment (Hardware and Operating Software) (1) Except as otherwise provided in Paragraph 41,a. ('n, the Contractor shall install equipment ready for use on or before the Installation Dates specified in the order. Time is thp essencp of (2) Installation Dates may be changed by mutual consent of the Contractor and the State by amendment; however, consent of the Contractor is not required it, at least 90 days prior to the Installation Date, the State defers the installation of any machine, but a new Installation Date will be established by mutual agreement. Such unilateral deferment shall not exceed 130 days, except by mutual agreement (3) The State shall provide the Contractor access to the site for the purpose of installing equipment prior to the Installation Date. The Contractor shall specify in writing the time required to install the equipment. 6/19/96 11 �1J 3.1 f Califomia Multiple Awards Schedule (CMAS) (4) Except as otherwise provided in Paragraph 41, a (7), the Contractor shall determine that the equipment is ready for use, and operates in conformance with the Contractor's published specifications. The Contractor shall then certify in writing to the State that the equipment is installed and ready to be turned over to the operational control of the State. The Contractor shall also provide to the State appropriate documentation to support the above certification, at which time the State will accept control of the equipment for the purpose of validating its installation and performance. (5) Notwithstanding certification by the Contractor that the equipment has been installed and is ready for use, the equipment shall not be deemed installed within the terms of this Contract until such installation is confirmed by the State through testing as prescribed in the order or by performance of other suitable tests mutually agreed to by both parties as being adequate for this purpose. If the test is successfully completed, the equipment shall be deemed installed and ready for use as of the date of the Contractors CerdfiC3tion. The State shall immediately begin acceptance testing of the equipment in accordance with the provisions contained in the order, and shall notify the Contractor in writing, within five (5) working days, that the State concurs that the equipment was installed If the equipment fails to successfully complete the test, the Contractor shall be notified immediately of the failure, with written confirmation to be provided in not more than five (5) working days. Control of the equipment shall immediately be given to the Contractor. The equipment shall not be deemed to be installed until the Contractor re - certifies such installation and the above-described test is successfully completed (6) Except as otherwise provided in Paragraph 4 1, d (7), in the event the Contractor fails to install the equipment by the Installation Date specified in the order, Paragraoh 42, Liquidated Damages, shall apply. (7) If the nature of the equipment is such that the services of the Contractor are not required for its installation, and the Contractor so states in writing and the State agrees in writing that such Contractor services are riot necessary, the Contractor may ship the equipment to the State site. If the equipment arrives not later than five (5) working days prior to the Installation Date, the equipment shall be deemed to have been installed on or before the Installation Date and no liquidated damages shall be paid, irrespective to whether or not the State is successful in installing the equipment without Contractor assistance. It this procedure is used, the State shall make every reasonable effort to install the equipment prior to the Installation Oate, and shall confirm such installation in accordance with the procedures set forth in Paragraph 41 (5), without requiring a certification of installation as set forth in Paragraph 41 (4) by the Contractor if, however, the State is unable to install the equipment, it shall notify the Contractor that Contractor assistance is required The Contractor shall then assist in the equipment installation and certification that such installation has been accomplished b. Software (other than Operating Software) (1) The Contractor shall provide those programming aids, program products, and applications listed in the order, on or before the Delivery Dates specified in the order, and shall certify to the State that such software has been delivered and is ready for State use. For purposes of this 6/19/96 12 Paragraph, 'delivered" also means received by the State, if such software is mailed by the Contractor. (2) If, in the opinion of the Contractor, the services of the Contractor are required to install the software on the State equipment, "delivery" ofthe software, for the purposes of this contract, shall be deemed to include such installation services. (3) In the event the Contractor fails to deliver the agreed- upon software by the dates specified, Paragraph 42, Liquidated Damages, shall apply. 42. LIQUIDATED DAMAGES a. General The Installation Dates of the equipment and the Delivery Dates for software set forth in the order have been fixed so that the utilu2tion ofthe equipment and software is consistent with the timing schedules ofthe State's programs. It any ofthe units of equipment, with all required operating software, are not installed within the times specified in the order, and/or if any of the other software is not delivered to the State within the time limits specified in the order, the delay will interfere with the proper implementation ofthe State's programs, to the loss and damage ofthe State. From the nature ofthe case, it would be impracticable and extremely difficult to fix the actual damages sustained in the event of any such delay., The State and Contractor, therefore, presume that in the event of any such delay the amount of damage which will be sustained from a delay will be the nts set forth in the order, and the State and the Contractor agree that in the event of any such delay, the Contractor shall pay such amounts as liquidated damages and not as a penalty. Similarly, a unilateral deferment by the State of equipment installation without appropriate notice or a delay in readying the facility interferes with the installation schedule under which the Contractor is operating, thus resulting in damages to the Contractor. The State and Contractor presume that in the event of such delay, the amount of damage which will be sustained will be the amount set forth in the order, and they agree that in the event of such a delay, the State will pay such amount as liquidated damages and not as a penalty. Amounts due the State as liquidated damages may be deducted by the State from any money payable to the Contractor. The State shall notify the Contractor in writing of any claim for liquidated damages pursuant to this paragraph on or before the date State deducts such sures from money payable to the Contractor. b. Euuiyment Installation Delays Caused by the Contractor (1) If the Contractor does not install the equipment; (designated by the Contractor's type and model number), and special features included with the equipment (or suitable substitutes acceptable to the State), ready for use with all appropriate operating software, all as listed in the order, on or before the installation Dates) specified in the order, or in the case of the equipment delivered to the State in time for State installation, the Contractor shall be liable for fixed liquidated damages specified in the order, in lieu of all other damages for such noninstallation. Liquidated damages shall accrue for each calendar day between the Installation Date specified in the order and the date the equipment is certified ready for use or 180 calendar days, whichever occurs first. (2) If some, but not all of the machines are installed, ready for use, during a period of time when liquidated damages are applicable, and the State uses any such installed California Multiple Awards Schedule (CMAS) machines, liquidated damages, shall not accrue against the machines used for any calendar day the machines are so used (3) If the delay is more than thirty (30) calendar days, then by written notice to the Contractor, the State may terminate the right of the Contractor to install, and may obtain substitute equipment. in accordance with the provision of Paragraph 49, Rights and Remedies of the State for Default. In this event, the Contractor shall also be liable for liquidated damages, in the amounts specified above until substitute equipment is installed, ready for use, or for 180 days from the installation date, Whichever occurs fust. C. Other Delivery Delays Caused by the Contractor (1) If the Contractor does not deliver all the programming aids, program products, and applications listed in the order ready for use in substantial accordance with the Contractor's specifications, on or before the Delivery Dares specified in the order, the Contractor shall be liable for liquidated damages in the amounts specified in the order, in lieu of all other damages for such nondelivery. Liquidated damages shall accrue for each calendar day between the Delivery Date specified and the actual date of the delivery of such software or for 180 days, whichever occurs first If the Contractor fails to provide the software listed in the order by the specified Delivery Date, but provides suitable substitution of software acceptable to the State, liquidated damages shall not apply to listed software for which substituted software is provided. (2) if the State is unable to use the equipment an the insnlizltit)n date because Contractor failed to deliver the software listed in the order by the delivery date specified in the order, and Contractor does not famish suitable substitute software acceptable to the State, liquidated damages for equioment noninstallation as specified in Paragraph 42, b. (1), shall be paid to the State in lieu of damages for software nondelivery as specified in Paragraph 42, c. (1). Such liquidated damages shall apply until the State uses the equipment or until Contractor provides the programming aids or applications which would render the equipment usable, whichever occurs fust, but not for more than 180 calendar days. d. Installation or Delivery Delays Caused by the State (1) In the event the equipment cannot be installed because the State has failed to prepare the facility by the Facility Readiness Date specified in the order, the State shall be liable for fixed liquidated damages specified in the order for each day between the Facility Readiness Date specified in the order and the actual readiness date, but not to exceed 180 calendar days, in lieu of all other damages for such delay. (2) In the event a change directed by the State requires a later installation date of certain equipment and the State has failed to notify theContractor of the delay at least 60 days prior to the original Installation Date, the State shall be liable, in lieu of all other damages, for liquidated damages as specified in Paragraph 42, d. (1), for each day between the original Installation Date and the new Installation Date, but not to exceed 180 calendar days 6/19/96 13 (3) The State shall not be liable for liquidated damages under both Paragraph 42, d. (1) and d.(2) above during the same period of time with respect to the same equipment. 43. ACCEPTANCE TESTING FOR EQUIPMENT (including Oceratmg Software) Acceptance testing is intended to ensure that the equipment acquired operates in substantial accord with the Contractor's technical specifications, is adequate to perform as warranted by the Contractor, and evidences a satisfactory level of Performance reliability, prior to its acceptance by the State. If the equipment to be installed includes operating software as listed in the order, such operating software shall be present for the acceptance test unless substitute operating software acceptable to the State is provided. Acceptance testing may be required as specified in the order for all newly installed technology systems, subsystems, and individual equipment, and machines which are added or field modified (modification of a machine from one model to another) after a successful performance period. In accordance with Paragraph 41, a. (4), Installation and Delivery Dates, the Contractor shall certify in writing to the State when equipment is installed and ready for use, at which time operational control becomes the responsibility of the State. Acceptance testing (as specified in the order) shall commence on the first State workday following certification, and shall end when the equipment has met the standard of performance (performance criteria) as provided in the order for a period of 30 consecutive days. Operation of the equipment to confirm its installation, as provided in Paragraph 41, a. (5), Installation and Delivery Dates, shall be considered to be a part of the acceptance test. In the event the equipment does not meet the standard of performance during the initial 30 consecutive calendar days, the acceptance tests shall continue on a day-to-day basis until the standards of performance are met for 30 consecutive days. d. If the equipment does not meet the standards of performance within ninety (90) consecutive days after the start of the acceptance testing, the State shall have the option to request replacement equipment, extend the performance period or terminate the order (or portions thereof) and seek relief as provided by Paragraph 49, Rights and Remedies of State for Default. The State's option shall remain in effect until such time as the equipment meets the performance criteria, or 180 consecutive days atter the start of the acceptance testing, whichever occurs fust. If the equipment has not met the standards of performance by 180 days after installation, the contract shall be canceled or the defective equipment deleted from the contract and the provisions of Paragraph 49, Rights and Remedies of State for Default shall apply. At the request of the Contractor, the State shall ,3k, available not only the failed equipment, but also those machines which must be utilized by the Contractor to identify the cause of failure and to accomplish the repair. f. Equipment shall not be accepted by the State and no charges associated with such equipment shall be paid by the State until the equipment has satisfactorily completed the acceptance tests. In addition, if requited in the order, no charges shall be paid until specified Contractor -supplied software has been accepted by the State. Immediately upon successful completion of the acceptance tests, the State shall notify the Contractor in writing of acceptance of the equipment and authorize appropriate California Multiple Awards Schedule (CMAS) payment. The State shall maintain adequate daily records to satisfy the requirements of acceptance testing. increments of time shall be measured in hours and whole minutes. 44. ACCEPTANCE TESTING FOR SOFTWARE (other than Operating Software) a. Acceptance testing may be required as specified in the order for all Contractor -supplied software as specified and listed in the order, including . ali software initially installed, improved versions (new releases) of this software, any such software which has been altered Imodified) by the Contractor to satisfy Staterequirements, and any substitute software provided by the Contractor in lieu thereof; unless the order provides otherwise. The purpose of the acceptance rest is to ensure that the software operates in substantial accord with the Contractor's technical specifications and meets the State's performance specifications. The specific procedures for the accomplishment of such tests are contained in the order. b. When softwwa has teen provided and certified in accordance with Paragraph 41, Installation and Delivery Dates, b. (1 ), the State shall begin acceptance testing on the fast State workday following such certification, as specified in the order. If successful completion of the acceptance test is not attained within ninety (9o) consecutive days after the start of the acceptance testing, the State shall have the option to request substitute software, cancel that portion of the contract which relates to the unaccepted software, or continue the acceptance tests. The State's option shall remain in effect until such time as the tests are successfully performed, or 1 80 days after certification, whichever occurs first. If the acceptance tests have not been successfully performed prior to the expiration of 180 days, that portion of the contract which relates to the unaccepted software shall be canceled, unless both parties agree to the continuation of the tests or to the delivery of substitute software. If the unaccepted software (or its functional equivalent) is crucial to the accomplishment of the work for which the equipment was acquired, and is so identified in the order, the State shall have the option of terminating the entire contract in accordance with Paragraph 49, Rights and Remedies of State for Default. d. Unless otherwise provided in the order, software shall not be accepted by the State and no charges associated with such software shall be paid by the State until the software has satisfactorily completed the acceptance tests. C. Immediately upon successful completion of the acceptance testing, the State shall notify the Contractor in writing of the acceptance of the software and authorize appropriate payment. The State shall maintain adequate records to satisfy the requirements of acceptance testing. 45. CONTRACTORS LIABILITY FOR INJURY TO PERSONS OR DAMAGE TO PROPERTY a. The Contractor shall be liable for damages arising out of injury to the person and/or damage to the property of the State, employees of the State, persons designated by the State for training, or any other person(s) other than agents or employees of the Contractor, designated by the State for any purpose, prior to, during, or subsequent to delivery, installation, acceptance, and use of the equipment either at the Contractoes site or at the State's place of business, provided that the injury or damage was caused by the fault or negligence of the Contractor. Contractor shall not be liable for damages arising out of or caused by an alteration or an attachment not made or installed by the Contractor, or for damage to alterations or attachments that may result from the normal operation and maintenance of the Contractor's equipment. 46. WARRANfY Warranty will be provided as indicated in the Contractor's CMAS. 47. ENGINEERING CHANGES Engineering changes, determined applicable by Contractor, will be controlled and installed by Contractor on equipment covered by this contract .The State may elect to have only mandatory changes, as determined by Contractor, installed on machines so designated. A written notice of this election must be provided to the Contractor for written confirmation. There shall be no charge for engineering changes made. Any Contractor -initiated change shall be installed at a time mutually agreeable to the State and the Contractor. Contractor reserves the right to charge, at its then current time and material rates, for additional service time and materials required due to noninstallation of applicable engineering changes after Contractor has made a reasonable effort to secure time to install such changes. 48. CONNECTION POINTS FOR CENTRAL PROCESSOR EVALUATION EOUIPMEN f If requested by the State, the Contractor agrees to identify, on all items of equipment supplied under this contract, all appropriate test points for connecting one of the commercially available hardware monitors designed to measure system activity. 49. RIGHTS AND REMEDIES OF STATE FOR DEFAULT In the event any equipment, software, or service furnished by the Contractor in the performance of this contract should fail to conform to the specifications therefore, the State may reject the same, and it shall thereupon become the duty of the Contractor to reclaim and remove the same forthwith, without expense to the State, and immediately to replace all Sucm rejected equipment, software, or service with others conforming to such specifications, provided that should the Contractor fail, neglect or refine to do so the State shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such equipment, software, or service and to deduct from any monies due or that may thereafter become due to the Contractor the difference between the price named in this contract and the actual cost thereof to the State. C. In the event the Contractor shall fail to make prompt delivery as specified of any equipment, software, or service, the same conditions as to the rights of the State to purchase in the open market and to reimbursement set forth above shall apply, except as otherwise provided in Paragraph 38, Force Majeure. d. In the event of the cancellation of this contract either in whole or in part, by reason of the default or breach thereof by the Contractor, any loss or damage sustained by the State in procuring any equipment, software or service which the Contractor therein agreed to supply shall be borne and paid for by the Contractor. C. The rights and remedies of the State Provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. 50. CONTRACTOR'S POWER AND AUTHORITY 6/19/96 14 3 )L� 51. 52 54. California Multiple Awards Schedule (CMAS) The Contractor warrants that it has full power and authority to grant the rights herein granted and will hold the State hereunder harmless from and against any loss, cost, liability, and expense (including reasonable attorney fees) arising out of any breach of this warranty, Further, Contractor avers that it will not enter into any arrangement with any third party which might abridge any rights of the State under this contract. TITLE TO EQUIPMENT Unless otherwise specified in the order or financing plan, title to the equipment shall remain in the Contractor and assigns, if any, until such time as the full purchase prices, applicable taxes and interest charges, if any, are paid to the Contractor_ Title to each machine will be transferred to the State when its purchase price, taxes, and associated interest charges, if any, are paid. Title to a special feature installed on a machine and for which only a single installation charge was paid shall pass to the State at no additional charge, together with tide to the machine on which it was installed WAIVER OF BREACH No term or provision of this contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by an individual authorized to so waive or consent. Any consent by either party to, or waiver of, a breach by the other, whether express or implied, shall not constitute a consent to, waiver of or excuse for, any other breach or subsequent breach, except as may be expressly provided in the waiver or consent. CONFLICT WITH EXISTING LAW The Contractor and the State agree that if any provision of this contract is found to be illegal or unenforceable, such term or provision shall be deemed stricken and the remainder of the contract shall remain in full force and effect. Either party having knowledge of such term or provision shall promptly inform the other of the presumed non -applicability of such provision. Should the offending provision go to the heart of the contract, the contract shall be terminated in a manner commensurate with the interests of both parties, to the maximum extent reasonable. LIMITATION OF ACTIONS No action, regardless of fomt, arising out of this contact may be brought by either party more than two years after the cause of action has arisen, or in the case of nonpayment, more than two years from the date of the last payment, except where either party (within two years after a cause of action has arisen) provides the other party in writing a notice of a potential cause of action, disclosing all material facts then known by the notifying party concerning such cause of action, then the notifying party may bring an action based on the matter so disclosed at any time prior to the expiration of four years from the time the cause of action arose. DEFINITIONS (from STATE MODEL PURCHASE CONTRACT 7/94) Data Processing System (System) -The total complement of Contractor-fiunished machines, including one or more central processors (or instruction processors) and operating software, which are acquired to operate as an integrated group. Data Processing Subsystem -A complement of Contractor- fumished individual machines, including the necessary controlling elements (of the functional equivalent) and operating software, if any, which are acquired to operate as an integrated group, and which are interconnected entirely by Contractor -supplied power and/or signal cables; e.g., direct access controller and drives, a cluster of terminals with their controller. etc. C. Machine -An individual unit of a data processing system or subsystem, separately identified by a type and/or model number, comprised of but not limited to mechanical, electromechanical, and electronic parts, microcode, and special features installed thereon and including any necessary software; e.g., central processing unit, memory module, tape unit, card reader, etc. d. Equipment -An all-inclusive term which refers either to individual machines or to a complete data processing system or subsystem, including its operating software (if any). C. Equipment Fad -A malfunction in the equipment, excluding all external factors, which prevents the accomplishment of the equipment's intended functions. If microcode or operating software, residing in the equipment, is necessary for the proper operation of the equipment, a failure of such microcode or operating software which prevents the accomplishment of the equipment's intended functions shall be deemed to be an equipment failure. f. Operation Use Time -performance measurement purposes, that time during which equipment is in actual operation by the State. g. Preventive Maintenance -That maintenance, performed on a scheduled basis by the Contractor, which is designed to keep the equipment in proper operating condition. h. Remedial Maintenance -That maintenance perforated by the Contractor which results from equipment (including operating software) failure, and which is performed as required; i.e., on an unscheduled basis. i. Principle Period of Maintenance -Any nine consecutive hours per day (usually between the hours of 7:00 am. and 6:00 p.m.) as selected by the State, including an official meal period not to exceed one hour, Monday through Friday, excluding holidays observed at the installation. j. Period of Maintenance Coveraee The period of time, as selected by the State, during which maintenance services are provided by the Contractor for a fixed monthly charge, as opposed to an hourly charge for services rendered The Period of Maintenance Coverage consists of the Principal Period of Maintenance and any additional hours of coverage per day, and/or increased coverage for weekends and holidays. k. Maintenance Diagnostic Routines -The diagnostic programs customarily used by the Contractor to test equipment for proper functioning and reliability. 1. Facility Readiness Date -The date specified in the contract by which the State must have the site prepared and available for equipment delivery and installation. in. Installation Date-Tbe date specified in the contract by which the Contractor must have the ordered equipment ready (certified) for use by the State. n. Performance Period -A period of time during which the State, by appropriate tests and production runs, evaluates the performance of newly installed equipment and software prior to its acceptance by the State. 6/19/96 15 x.15" California Multiple Awards Schedule (CMAS) o. Accentancx Tests -Those tests performed during the V. Program Product -Programs, routines, subroutines, and related Performance Period as listed in the purcha se order which are items which are proprietary to the Contractor and which are intended to determine compliance of equipment and software licensed to the State for its use, usually on the basis of with Contractees published specifications and to determine the separately stated charges and appropriate contractual reliability of the equipment. provisions. P. Machine Alteration -Any change to a Contractor -supplied w. Software Failure -A malfunction in the Contractor -supplied machine which is not made by the Contractor, and which software, other than operating software, which prevents the results in the machine deviating from its physical, mechanical, accomplishment of work, even though the equipment (including electrical, or electronic (including microcode) design, whether or not its operating software) may still be capable of operating additional devices or pails are employed in making such change. properly. For operating software failure, see definition Of equipment failure. q. Attachment -The mechanical, electrical, or electronic interconnection to the Contractor -supplied machine or system of equipment manufactured by other than the original equipment manufacturer and which is not connected by the Contractor. r. Software -An all-inclusive term which refers to any computer programs, routines, or subroutines supplied by the Contractor, including operating software, programming aids, application programs, and program products. S. Operating Software -Those routines, whether or not identified as program products, that reside in the equipment and are required for the equipment to perform its intended functions), and which interface the operator, other Contractor -supplied programs, and user programs to the equipment t. Programming Aids -Contractor -supplied programs and routines executable on the Contractor's equipment which assists a programmer in the development of applications including language processors, sorts, communications modules, data base management systems, and utility routines, (tape -to -disk routines, disk -to -print routines, etc.). U. Application Program -A computer program which is intended to be executed on the Contractor's equipment for the purpose of performing useful work for the user of the information being processed Application programs are usually developed or otherwise acquired by the user of the hardware/software system, but they may be supplied by the Contractor. 6/19/96 16 3 1& California Multiple Awards Schedule (CMAS) STATE OF CALf< aW VMOR DATA RECORD 4RgdWb mw sees W4 Imbe damp hnomw Nod* am a rcal l "" f+EE "m ago 1t01>c• � tvAt+IMs. �dMraL eraM► sr*ditaaJ � a+awadrwtk� 1wmR t�tidlfy IIYslE1mR SECKIV T maz to NQaMan ioAs EeEa� ea EIIRMtirf10r U1 �� Ply; Intar man e�mbined In Us !form DW Prxvreaent Division,CKWTuit w111 be used by slat# a<l:sticles to rmw trltutim Rams (Fwm 1099} and Tor PLEASF 1. 14th Street, Shite lofl 9/&6ddm;GflpWmftton01i 1EEndxL REMMAI ar+r 9mL aoos Rrempt re m of this dally E:arnpteted farm W 11 T&. SQCWQ�nto CA 95814 Pl0"AR 401ays when proossshN payments, IWPPWr MMMMIfiF SEea11>*air an�.1 C=1 �fMooRs s�wfMMvwE Deil Marketi.na, L.P. 401EMIO/!lftOAWIY1Or#t11:I1/iNhME�EfEait FkA Kip "A" r+oonE3s#u�++,w4 t1�M rr,p. aMr Frte+o One Dell Way MW. aft **At*" kjund _Hack, TX 78682-- i'+1 o�iC`JlL CfipOf1Ri11f�N VENDOR e+MaMyMMrr.MM,KR►N. EWITY TYPE MM�1�1.lIMMMe1t�M. /RJ Q E�IRr QQ�RPORATiC1N (riQM1Ar�:T1 ❑ ALL OMERCCRPORA110WS [41 V ENDOWS TAXPAYFA W. NUMBER RE V'ENDM RESIDENCY STATUS M CMTWYING slom u OWNERSHO E5TATEQa'WJST r • -- a-• • 3XIA.*Ec ft11rNUM+WATT AWJ;iiRINDVCUAUSCfLEPROFIFI Cr- THE MWNZAADTAUTION CODE E SWnCN MW (Me WWWI 0100 LEWhOfd1iZGWPRATMCNPLA1 qU$ SCORLACA1YM OWIR [714_ 1`1216f11618j0151 1FrYlDriliiNte nftif*cavomr.6l*AK& OV114 9011W 1 GMNS WJ'BCIE ", EvAli 01171MJIL "W FIM FROMEtdl1lw"ImM1 art.7c^"FWIMTEf**f! ► CAIMm Rnklat - Gmikdlodocapom in CA or a ==at Owed DMISS is CA, ClNMW&idnnc (Sooromml . F*nwes for Ar am W MmarotidMrlM ^sYto WtPctto etaNwftodna ❑ ~*HOF FAME mwou4 1=9 FAvC"U VX POMATGMCFEO ❑ fe"=Ft R)ftW*tMM or sxFaWA mu: smodw pdmmmm 7th 0 "d 6*04rflilWWC9 Sam AisipW MOTE: PWMMM *4 fl:t bep oosswvA loaf sn ID, ouster MOTE a An M1lEtlM et s rent r�lera�efrt v� s 1 tM�UirM Ti1mr � dadh of Atrusisom id %I at Its anal If •r_ mior+IOl 'R. row vmwi lh*Vbf owxw atm a► tifralMf ioRrtefrile+tpwl�dMd �Or� EM s doswaMr�ff #l/M1+rrlM�PtjOrlteR �11q►1M1M�1fe�jr�iiMfliWbefdldClNlpkIMIII,�r+e�I�rJrYbslu�otM �0 CKTI 7fu r"awsumn" 153.21 720 b/ 15p/yo -I / �3 D-4 Dell CMAS Discount Statement DATE: September 29 1998 TO: M KE NELSON COMPANY:CITY OF DIAMOND BAR PHONE #:(909) 396-5691 EXT FAX #: (909) 861-3117 FROM: TROY FLORES - - -- - - -- COMPANY : DELL MARKETING L.P. PHONE #:(800) 981-3355 EXT 67461 FAX #.. (800) 433-9527 URL: NWW.DELL.COM/CLIENT/FED YOUR DELL ACCOUNT REPRESENTATIVE: TROY FLORES DISCOUNTS 6.58- & .50% PHONE ** 800-981-3355 EXT 67461 FAX ** 800-433-9527 -- ---- -- E-MAIL- TROY FLORES@DELL.COM DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981-3355 EXT 67461 (800) 433-9527 SALES REP FAX E-1 Employee Computer Purchase Program Participation Agreement Employee Computer Purchase Program Participation Agreement Name: Last, First MI Division: The employee computer purchase program has been developed as a one-time employee benefit that provides employees with an opportunity to purchase a computer system for home/personal use. Through this program, the city will also realize a benefit, in that the employee will have the ability to utilize the same hardware/software at home as he/she uses in the workplace. Effectively, this could result in an increased familiarity with hardware/software, increased opportunity for telecommuting, and an overall increase in productivity. The above named individual ("Participant") is a permanent employee of the City of Diamond Bar ("City"), and hereby elects to purchase a personal computer and certain related equipment and software ("Equipment") and to participate in the financing arrangement offered under the this one time employee benefit program, and further, agrees to and accepts the following terms and conditions: 1) The price of the Equipment to be purchased is $ and is identified on the attached Specification Sheet. 2) The Participant agrees to pay the total cost of the purchase in equal installments, in the amount of $ for a period not to exceed 24 months to purchase specified Equipment. 3) Participant authorizes the City to deduct $ as the first payment with equal payments thereafter of $ from each pay check of the Participant beginning until the amount identified in Paragraph 2 above has been paid. Participant may elect to pay the remaining unpaid balance at any time prior to the last payroll deduction. 4) Participant agrees not to sell, trade, or otherwise dispose of the Equipment until the purchase price has been paid in full. Participant also agrees that the usage of the equipment will be limited to the Participant's own use, and that of the Participant's immediate family. Violation of these provisions, for any reason, shall constitute an "event of default," and the City, at its discretion, shall declare the outstanding principal to be immediately due and payable. 5) Upon termination of employment with the City (for any reason) by the Participant, the remaining amount of the purchase price is to be paid to the City under this Agreement and shall immediately become due and payable. The Employee hereby authorizes the City to withhold from his/her final pay, including sick leave and vacation payoff, any amount remaining under this Agreement. If the remaining amount due to the City exceeds the total final pay amount, this additional amount due shall be paid to the City in a lump sum no later than the employee's last working day. It is understood that failure to pay this amount will result in a late penalty equaling 10% of the outstanding amount being applied and instigation of collection procedures including legal garnishment of future earnings. 6) All warranties and service or maintenance contracts shall be between the vendor and the Participant. Participant shall deal directly with the vendor, and in no event shall Participant look to the City for any claims relating to warranty, service or maintenance. 7) This Agreement may be changed by a written agreement between the City and the Participant. Any subsequent agreement supersedes any and all written or oral agreements, proposals and communications concerning the Program. 8) In the event either party hereto brings any suit against the other party to enforce any rights under this Agreement, then the prevailing party in any such suit shall recover from the other party its reasonable attorneys' fees and costs incurred in connection therewith. Employee Signature Date Employee Computer Purchase Program Specification Sheet for HARDWARE/SOFTWARE HARDWARE/SOFTWARE COMPONENT DESCRIPTION CPU Dell Dimension XPS R400MHz Pentium II Minitower Base with MMX Technology and 512K Cache Mouse MS Intellimouse Factory install Keyboard Windows Spacesaver 104 Keyboard RAM 128MB SDRAM Memory Monitor image size Dell 1200HS, 19" Color Monitor with 17.9" viewable Graphics card STB nVidia ZX 8MB 3D 2X AGP CD-ROM 40X Max Variable CD ROM Speakers Harman/kardon HK -195 Sound Card Crystal 3D 64V Wavetable Integrated Sound Hard Drive 10GB 540ORPM Ultra ATA Hard Drive Floppy 3.5", 1.44MB Operating software Windows 98 Bundled software Microsoft Office Professional with bookshelf basics on CD, manual included; McAfee VirusScan The following options have been requested: Modem (add $98.00) Zip Drive and 2 cartridges (add $99.00) Additional RAM 256K (add $287) 384K (add $588) 3Com US Robotics V.90 Iomega Internal 100 MB Zip 100MHz SDRAM Post -W Fax NOW 7 "M4� it an �C Ek djb�5 "M••sit 4 Fax Fax + W Q 0 J u Id W W Q N W W W U > .�- > �i a uWWW i� aO H 0 Al N N •� W u W 0 = � a, ZN 0 W oC7 A. atis. W O U W d O N W D ac Q W W ; N p {il O' D Q N O w UQ O g V < .c W Q Z K Q N M W W Z 7 Q W OO �O Vee W Q ` < O W cc I W Z yO aG 0 7 0 1� 1. O N W W O z MloN V V 4 u u Wjo<goQ _208 ami z� Sty Qv '- az V� 00,4 �< u `^ ua 22: 0,�, N p 4�jZ O 0 N H 22r=WV 90 W NK (� <I�0 ? W us NJ QH = jy G=W N vi WV � U z Gu f 440> Z�O QW4=m- r �u ot-96 Z �oW�;"'2 SSIP.- H0 � N U NoV: o>opwNo O O C h V �W3yS�}D�Y1V zoo =5 V x 1 WOea4 oo H or 3 WU 46 �� Z-0-82 Z t a g V� z o Q z = ZZ� Zme <rVt0 N a; Q�< O Vii. > sig W �~ .� 0 Z W r-20 <Os �NWQ $ Ju dc ui O mg 2 � V 16 we �Zd<v► N "o o s YgW u z �u�<= > z U 3 �`us Exhibit D-2 Founding legislation (CMAS Program) FOUNDING LEGISLATION In 1993, the State of California Assembly chaptered AB 1727 (Polanco). This bill enabled the Department of General Services to create a multiple award schedule program in 1994, known as the California Multiple Award Schedules (CMAS) program. The CMAS program was later enhanced as a result of Senate bill SB 910 (Polanco), chaptered in 1995. BILL NUMBER: AB 1727 CHAPTERED 10/11/93 BILL TEXT CHAPTER 1106 FILED WITH SECRETARY OF STATE OCTOBER 11, 1993 APPROVED BY GOVERNOR OCTOBER 10, 1993 PASSED THE SENATE SEPTEMBER 10, 1993 PASSED THE ASSEMBLY SEPTEMBER 10, 1993 AMENDED IN SENATE SEPTEMBER 8, 1993 AMENDED IN SENATE SEPTEMBER 1, 1993 AMENDED IN SENATE AUGUST 30, 1993 AMENDED IN SENATE AUGUST 17, 1993 AMENDED IN SENATE JUNE 23, 1993 AMENDED IN ASSEMBLY APRIL 13, 1993 INTRODUCED BY Assembly Member Polanco (Coauthors: Assembly Members Karnette and Lee) (Coauthors: Senators Watson and Wyman) MARCH 4, 1993 An act to amend Sections 10290, 12100, 12101, and 12102 of, and to add Sections 10290.1, 12100.7, 12101.2, and 12101.5 to, the Public Contract Code, relating to state contracts. LEGISLATIVE COUNSEL'S DIGEST AB 1727, Polanco. State contracts: data processing and telecommunications. (1) Existing law regulates the state's acquisition of electronic data processing and telecommunications goods and services. It requires the acquisition thereof to be conducted through competitive means, except as specified, under appropriate criteria and procedures maintained by the Department of Finance and the Department of General Services, and requires that contracts for these goods and services be awarded to the proposal that is the most cost-effective, as determined by the evaluation criteria contained in the solicitation document, and authorizes the selection of a vendor on other than cost alone. This bill would specify that the terms "electronic data processing and telecommunications goods and services" include, reprographics and other electronic -driven commodities and would —Z —z i revise the evaluation criteria by replacing the term "cost-effective" with the term "value -effective" and define that term. This bill would also add procedures relating to the evaluation criteria required for proposals for contracts relating to the procurement of electronic data processing and telecommunications goods and services, including reprographics and other electronic -driven commodities, and systems development and systems implementation procurements. This bill would also require the Department of General Services to annually negotiate with vendors any changes to the repetitively used terms -and conditions in state's model contract relating to electronic data processing or telecommunications procurements, commencing December 31, 1994, and would create other requirements for the Department of General Services and bidders and proposers relating to changes in standard and negotiated contracts for these purposes. These changes would be required to be a matter of public record. The bill would state the intent of the Legislature that agencies of the State of California be permitted to utilize methods of acquisition of goods and services that are compatible with their short- and long-term fiscal needs. To further this end the bill would permit state agencies to utilize multiple awards, as defined, in contracts relating to commodities and electronic data processing and telecommunications goods and services. (2) Existing law requires the Directors of the Departments of General Services and Finance to maintain in the State Administration Manual policies and procedures governing the acquisition and disposal of electronic data processing and telecommunications goods and services and to submit these proposed policies and procedures to a state advisory committee, if one is established for these purposes, before adopting these policies and procedures. This bill would eliminate the requirement relating to the submittal of the policies and procedures to the advisory committee, but would require those departments to solicit and consider the oral and written comments of potential vendors for state electronic data processing and telecommunications procurements, including reprographics and other electronic -driven commodities, before adopting or amending policies and procedures. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 10290 of the Public Contract Code is amended to read: 10290. As used in this chapter: (a) "Department" means the Department of General Services. (b) "Director" means the Director of General Services. (c) "Centralized purchasing" means the purchase for state agencies of materials, supplies, and equipment by the Office of Procurement. (d) "Office" means the Office of Procurement in the Department of General Services. (e) "Price schedule" means an agreement between the Office of �-a.a Procurement and a vendor under which the vendor agrees to accept orders from the office or a state agency for a commodity or commodities at set prices for a specified period of time but which does not obligate the office or state agencies to purchase the commodity or commodities from the vendor. (f) "Regional commodities contract" means a commodities contract of the same type as a statewide commodities contract but applicable only to purchases in a particular area or region of the state. (g) "Statewide commodities contract' means a contract awarded by the Office of Procurement to a vendor or vendors for the purchase of a commodity or commodities for a period of time, at a price, and in an amount set forth in the contract. (h) "Multiple award" means a contract of indefinite quantity for one or more similar goods to more than one vendor. (i) "Multiple award schedule" (MAS) is an agreement established between the General Services Administration of the United States and certain vendors to do business under specific prices, terms, and conditions for specified goods and services. SEC. 1.3. Section 10290.1 is added to the Public Contract Code, to read: 10290.1. Notwithstanding any other provision of law, in exercising their delegation of procurement authority from the Department of General Services, state agencies may place purchase orders, in an amount not to exceed twenty thousand dollars ($20,000) per transaction, with vendors who have multiple award schedules with the General Services Administration of the United States if the vendor is willing to extend those terms, conditions, and prices. The department may also develop multiple award agreements for use by state agencies in the same manner. SEC. 1.5. Section 12100 of the Public Contract Code is amended to read: 12100. The Legislature finds that the unique aspects of electronic data processing systems and telecommunications systems and the importance of those systems to state programs warrant a separate acquisition authority for electronic data processing and telecommunications goods and services. The Legislature further finds that this separate authority should enable the timely acquisition of goods and services in order to meet the state's needs in the most value -effective manner. All contracts for the acquisition of electronic data processing or telecommunications services and all contracts for the acquisition of electronic data processing or telecommunications goods, whether by lease or purchase, shall be made by or under the supervision of the Department of General Services. SEC. 2. Section 12100.7 is added to the Public Contract Code, to read: 12100.7. For purposes of this chapter, "value -effective acquisition" may be defined to include, but not be limited to, the following: (a) The operational cost that the state would incur if the bid or proposal is accepted. (b) Quality of the product or service, or its technical competency. -1-a.3 (c) Reliability of delivery and implementation schedules. (d) The maximum facilitation of data exchange and systems integration. (e) Warranties, guarantees, and return policy. (f) Vendor financial stability. (g) Consistency of the proposed solution with the state's planning documents and announced strategic program direction. (h) Quality and effectiveness of business solution and approach. (i) Industry and program experience. (j) Prior record of vendor performance. (k) Vendor expertise with engagements of similar scope and complexity. (1) Extent and quality of the proposed participation and acceptance by all user groups. (m) Proven development methodologies and tools. (n) Innovative use of current technologies and quality results. SEC. 3. Section 12101 of the Public Contract Code is amended to read: 12101. It is the intent of the Legislature that policies developed by the Department of Finance and procedures developed by the Department of General Services in accordance with Section 12102 provide for: (a) The expeditious and value -effective acquisition of electronic data processing and telecommunications goods and services to satisfy state requirements. (b) The acquisition of electronic data processing and telecommunications goods and services within a competitive framework. (c) The delegation of authority by the Department of General Services to each state agency that has demonstrated to the department's satisfaction the ability to conduct value -effective electronic data processing and telecommunications goods and services acquisitions. (d) The exclusion from state bid processes, at the state's option, of any vendor having failed to meet prior contractual requirements related to electronic data processing or telecommunications goods and services. (e) The review and resolution of protests submitted by a vendor or vendors with respect to any electronic data processing or telecommunications goods and services acquisitions. SEC. 4. Section 12101.2 is added to the Public Contract Code, to read: 12101.2. Commencing on January 1, 1994, the department shall prenegotiate the repetitively used terms and conditions in the state's model contract with each interested vendor who bids or proposes on electronic data processing or telecommunications procurements. The contract language shall be kept on file, as a matter of public record, and shall remain operational until either the state or the vendor provides 30 days' notice to the other party that new negotiations are deemed appropriate. If, for a particular procurement, the state seeks to make any .further changes to either the negotiated or the standard contract language, or both, it shall identify those changes to each bidder or proposer prior to the due date for the bid or proposal. If for a particular procurement, a bidder or proposer -.2 • Lf REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR 4,! REGULAR MEETING OF THE BOARD OF DIRECTORS NOVEMBER 3, 1888 1. CALL TO ORDER: Chair/Huff called the meeting to order at 7:40 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Agency Members Chang, Herrera, O'Connor, Vice Chairman Ansari, Chairman/Huff. Also present were: Terrence L. Belanger, Executive Director; Michael Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: Jeff Koontz, Executive Director of the Chamber of Commerce, complimented the Board on its proactive stance with respect to negotiating an agreement with Tooley & Co. 3. CONSENT CALENDAR: AM/O'Connor moved, AM/Ansari seconded, to approve the Consent Calendar. Motion carried by the following Roll Call vote (VC/Ansari abstained from voting on approval of the Minutes of October 20, 1998): AYES: AGENCY MEMBERS - Chang, Herrera, O'Connor, VC/Ansari, Chair/Huff NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3.1 APPROVED MINUTES - Regular Meeting of October 20, 1998 - As submitted. 3.2 APPROVED VOUCHER REGISTER - dated November 3, 1998 in the amount of $5,311.32. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: VC/Ansari asked that a meeting of the Redevelopment Subcommittee be scheduled. NOVEMBER 3, 1998 PAGE 2 REDEV. AGENCY AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Huff adjourned the meeting at 7:45 p.m. LYNDA BURGESS Agency Secretary ATTEST: Chairman DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Chairman Huff andBHoard of Directors 'FROM: Linda G. Magnusonf Asst. Finance Director SUBJECT: Voucher Register, November 17, 1998 DATE: November 12, 1998 Attached is the Voucher Register dated November 17, 1998 for the Diamond Bar Redevelopment Agency. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. _ DIAMOND BAR REDEVELOPMENT AGENCY VOUCHER REGISTER APPROVAL The attached listing of vouchers dated November 17, 1998 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts FUND DESCRIPTION PREPAID VOUCHERS 610' REDEVELOPMENT AGENCY FUND .00 564.00 REPORT FOR ALL FUNDS APPROVED BY: Assistant Finance Director TOTAL 564'00 .00 564.00 564.00 Robert S. Huff Chairman Terrence L. Belanger Ei Executive Director Vice Chairman � KJN DATE: 1111211':x' '-' DUE THR U; 11117,1998 -- PREPAID FUNDf ECT -ACCT -PROJECT -ACCT PC # INVOICE -+r _RIp lnN AMOUNT DATE CHECK; NOR'IS REPKE INC b10711u-4�4ii-Rii;'�c-46411 970.3-6 PF;DF SVCS-BRCYN REHAB 564,00 TOTAL PREF'AIDS .00 TOTAL VOUCHERS 564.00 TOTAL DUE VENDOR 564. X10, REPORT TOTAL PREPAIDS .00 *;EFCRT TOTAL '. CUCHERS 564.00 REF'OhT TOTAL 564.00'