HomeMy WebLinkAbout10/17/2006Tuesday, October 17, 2006
6:00 p.m. — Closed Session CC -8
6:30 p.rn. — Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
'21865 Copley Drive
Diamond Bar, CA 91765
Mayor Carol Herrera
Mayor Pro Tem Bob Zirbes
Council Member Wen Chang
Council Member Jack Tanaka
Council Member Steve Tye
City Manager James DeStefano
City Attorney Michael Jenkins
City Clerk Tommye Cribbins
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) 839-7010 during regular business hours.
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DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
October 17, 2006
Next Resolution No. 2006-74
Next Ordinance No. 09(2006)
CLOSED SESSION: 6:00 p.m., Room CC -8
Public Comments on Closed Session Agenda
Government Code Section 54956.9(a) — Pending Litigation - (2
Cases)
(1) Diamond Bar v. Southern California Edison
LACSCC - No. BC351266
(2) People of the State of Calif. V. Ratan Hospitality, LLS
(Scribbles) Case No. BC351925
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Mike Malatka, Student Ministries Pastor,
Diamond Canyon Christian Church.
ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor
Pro Tem Zirbes, Mayor Herrera
APPROVAL OF AGENDA: Mayor
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of Certificate of Recognition to Kawika and Leinani Viloria
owners of Halau Hula a Kawika laua'o Leinani "Da Hula Studio" for placing
1St in 3 Mens Categories and placing 2nd in 2 Womens Categories of E
Hula Mau Competiltion in Long Beach held on Labor Day Weekend.
1.2. Proclaiming October, 2006 as National Fire Prevention Month.
October 17, 2006 PAGE 2
BUSINESS OF THE MONTH:
1.3 Presentation of City Tile to Richard Stelly, owner of Diamond Bar Cyclery,
Business of the Month for October, 2006 and display of slides.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS: "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 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. Please complete a Speaker's Card and give it to the City Clerk
(completion of this form is voluntary). There is a five-minute maximum time limit
when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the
City Council may briefly respond to public comments but no extended discussion
and no action on such matters may take place.
5. SCHEDULE OF FUTURE- EVENTS:
5.1 PUBLIC MEETING — Batting Cage Project at Pantera Park — October 19,
2006 — 6:30 p.m. , Pantera Park Multi -Purpose Room, 738 Pantera Dr.
5.2 PUBLIC MEETING — Batting Cage Project at Peterson Park — October 23,
2006 — 6:30 p.m., Diamond Point Elementary School Multi -Purpose Room,
24150 Sunset Crossing Rd.
5.3 PLANNING COMMISSION MEETING — October 24, 2006 — 6:00 p.m.
Workshop will be conducted at 6:00 p.m., Room CC -2 re: JCC Project.
7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr.
5.4 PARKS AND RECREATION COMMISSION MEETING — October 26,
2006 — 7:00 p.m., AQMD/Government Center Hearing Board Room,
21865 Copley Dr.
5.5 DIAMOND BAR HALL OF HORRORS — Haunted House — October 27, 28
and October 31, 2006 — 6:00 -9:00 p.m., Heritage Park, 2900 S. Brea
Canyon Rd.
5.6 FALL FUN FESTIVAL — October 31, 2006 — 4:30 — 8:30 p.m., Heritage
Park, 2900 S. Brea Canyon Rd.
5.7 ELECTION DAY — November 7, 2006 — Polls open at 7:00 a.m. to 8:00
p. M.
October 17, 2006 PAGE 3
5.8 VETERAN'S RECOGNITION DAY — November 7, 2006 — 9:00 — 10:30
a.m., D.B. Center„ 1600 Grand Ave.
5.9 CITY COUNCIL MEETING — November 7, 2006 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR:
6.1 City Council Minutes:
6.1.1 Study Session of October 3, 2006 -Approve as submitted.
6.1.2 Regular Meeting of October 3, 2006 — Approve as submitted.
6.2 Parks and Recreation Commission Minutes — Regular Meeting of
August 24, 2006 - Receive and file.
6.3 Ratification of Check Register - Ratify Check Register containing
checks dated September 28, 2006 through October 12, 2006 totaling
$1,514,903.77.
Requested by: Finance Department
6.4 Second Reading by Title Only, Waive Full Reading and Adopt
Ordinance No. 08(2006) Amending Procedural Provisions of the
Diamond Bar Transient Occupancy Tax Ordinance and Amending
Title 3, Chapter 3.16 of the Diamond Bar Municipal Code.
Recommended Action: Adopt.
Requested by: Finance Department
6.5 Adopt Resolution No. 2006 -XX: Recognizing the National Incident
Management System (NIMS) and Adopting NIMS Principles into the
City's Emergency Management System.
Recommended Action: Adopt.
Requested by: City Manager
6.6 Approval of License Agreement with Royal Street Communications,
LLC to Develop a Wireless Communications Site at Peterson Park.
Recommended Action: Approve.
Requested by: City Manager
October 17, 2006 PAGE 4
6.7 Award of Neighborhood Traffic Management Program (NTMP)
Services for an Assessment of the Pilot Projects to Katz-Okitsu &
Associates in the Amount of $35,700 and Authorize a Contingency
Amount of $3,600 for Change Orders to be Approved by the City
Manager for a Total Authorization Amount of $39,300.
Recommended Action: Award.
Requested by: Public Works Department
6.8 Approve Contract Amendment No. 2 in the Amount of $40,000 with
Municipal Engineering Resources (M.E.R.) for Consulting
Engineering Services for a Total Authorization Amount of $40,000.
Recommended Action: Approve.
Requested by: Public Works Department
6.9 Adopt Resolution No. 2006 -XX: Approving Program Supplement No.
M005 to Administering Agency -State Agreement No. 07-5455 for
Grant Funds for the Installation of Traffic Calming Devices on Sunset
Crossing Rd., Between Diamond Bar Blvd. and Prospectors Rd., and
on Prospectors Rd. between Sunset Crossing Rd. and Golden Spgs.
Dr.
Recommended Action: Adopt.
Requested by: Public Works Department
6.10 Award On -Call Traffic Engineering Plan Check Services Contracts to
(a) Warren C. Siecke, (b) Sasaki Transportation Services, (c) Katz,
Okitsu & Associates, and (d) Advantec Consulting Engineering for a
Period of (3) Years, Commencing October 21, 2006.
Recommended Action: Award.
Requested by: Public Works Department
6.11 Award On -Call Engineering Plan Check and Inspection Service
Contracts to (a) Hall and Foreman, Inc., (b) Norris Repke, Inc., and (c)
AAE, Inc. for a Period of Three (3) Years, Commencing October 21,
2006.
Recommended Action: Award.
Requested by: Public Works Department
October 17, 2006 PAGE 5
6.12 Award On -Call Soils and Geotechnical Service Contracts to (a)
Leighton and Associates, Inc., (b) Arroyo Geotechnical, and (c) Ninyo
& Moore for a Period of Three (3) Years, Commencing October 21,
2006.
Recommended Action: Award.
Requested by: Public Works Department
7. PUBLIC HEARINGS: None.
8. COUNCIL CONSIDERATION: None.
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda No. 6.1.1
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
OCTOBER 3, 2006
STUDY SESSION: MPT/Zirbes called the Study Session to order at 6:20
p.m. in Room CC -8 of the South Coast Air Quality Management District/Government
Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Members Chang, Tanaka, Tye and Mayor Pro
Tem Zirbes. Mayor Herrera. was excused.
Also Present: James DeStefano, City Manager; Michael Jenkins,
City Attorney; David Liu, Public Works Director; Nancy Fong, Community Development
Director; Linda Magnuson, Finance Director; Ryan McLean, Senior Management
Analyst; Marsha Roa, Public Information Manager, and Tommye Cribbins, City Clerk.
► LIBRARY REBATE PROGRAM DISCUSSION
SMA/McLean gave a brief overview of the SCE Low -Income Rebate Program related to
Measure L. He advised that the program would mirror the program instituted by
Southern California Edison (SCE) "Care" Program, which offers a 20% rebate to the
low-income residents that meet a specific criteria.
C/Chang stated that he favored the program saying that this would help certain
homeowners by decreasing their burden.
C/Tye asked if there was any precedent for discussing or establishing a rebate before
the Measure is voted on.
SMA/McLean stated that he was not aware of any precedent.
C/Tye asked how many people in Diamond Bar were enrolled in the SCE program
SMA/McLean stated that there were approximately 1900 people enrolled with the
assumption that those people would sign up for the City's rebate program and that they
live in single family homes.
C/Tye asked if they have to be enrolled in the SCE program now in order to take
advantage of this program.
SMA/McLean said yes but it could be changed by the City Council.
CM/DeStefano stated that it is staffs recommendation that if the resident is already on
the SCE program they would merely need to let the City confirm their participation and
that that they would then be eligible for this program.
OCTOBER 3, 2006 PAGE 2 CC STUDY SESSION
C/Tanaka stated that he doesn't believe that the operating costs for the library will go up
the same as the CPI and therefore if we are able to operate the library for a period of
time without an increase it would be less of a burden to the resident.
Public Comments:
Jerry Hamilton wanted to know if there was special consideration for the renters
because it was not included in the last presentation.
CM/DeStefano responded no, (because were the assessment to pass it would apply to
property owners only.
Mr. Hamilton felt the seniors and others should be given information about how to apply
for the program.
Allen Wilson said he was advised that no legislative body was allowed to intervene in an
election and believed discussion of a rebate program was premature (Agenda Item 8.2)
Al Rumpilla concurred with Mr. Wilson and said that the Council should not confuse the
issue by bringing this matter up before the election because it might look as if the
Council is in favor of the ballot issue.
Clyde Hennessee wanted to know the ceiling on the rebate program. He said he was
under the impression that the City's legislative body was supposed to be impartial
regarding the ballot measure.
ADJOURNMENT: With no further business to come before the City Council,
MPT/Zirbes adjourned the Study Session at 6:35 p.m.
TOMMYE CRIBBINS, City Clerk
The foregoing minutes are hereby approved this day of , 2006.
BOB ZIRBES, Mayor Pro Tem
MI Agenda No. 6.1.2
NIJTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
OCTOBER 35 2006
CLOSED SESSION: 6:00 p.m., Room CC -8
Public Comments on Closed Session Agenda:
► Government Code Section 54956.9(a) — Pending Litigation — One case - People of
the State of California v. Ratan Hospitality, LLS (Scribbles) — Case No. BC351925
► Government Code Section 54956.9(a) — Pending Litigation:
(1 Case) Diamond Bar v. Southern California Edison
LLACSCC -- No. BC351266
Closed Session adjourned at 6:20 p.m.
STUDY SESSION:
6:20 P.M. — Room CC -8
► Library Rebate Program Presentation and Discussion
Public Comments on Study Session Items
Study Session adjourned at 6:35 p.m.
CALL TO ORDER: Mayor Pro Tem Zirbes called the Regular City Council
meeting to order at 6:37 p.m. in The Government Center/SCAQMD Auditorium, 21865
Copley Dr., Diamond Bar, CA.
CA/Jenkins reported that Council began the evening with a Closed Session. There were
no public comments offered. Council added one item of litigation to the agenda under
Government Code Section 549t56.9(a), a newly filed Federal Court action by Ratan
Hospitality against the City of D.B. The only reportable action taken was to defend the new
case filed against the City by Ratan Hospitality. The Closed Session was adjourned at
6:20 p.m.
MPT/Zirbes reported that the Closed Session was followed by a Study Session during
which time Council received a reported from staff regarding a potential library rebate
program that appears on tonight'; agenda as Item 8.2.
PLEDGE OF ALLEGIANCE: C/Tye led the Pledge of Allegiance.
INVOCATION: Monsignor James Loughnane, St. Denis Church gave the
Invocation.
ROLL CALL: Council Members Chang, Tanaka, Tye and Mayor Pro
Tem Zirbes. Mayor Herrera was excused.
OCTOBER 3, 2006 PAGE 2 CITY COUNCIL
Staff Present: James DeStefano, City Manager; Michael Jenkins, City
Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Linda
Magnuson, Finance Director; Nancy Fong, Community Development Director; Ken
Desforges, IS Director; Ryan McLean, Senior Management Analyst, and Tommye Cribbins,
City Clerk.
APPROVAL OF AGENDA: As Presented.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation by Dianne Forbing, Vice President of the Friends of the Library,
spoke on behalf of "Read Together Diamond Bar 2006". She asked that the
community join together in reading of the Pulitzer Prize-winning novel, To Kill
a Mockingbird" by Harper Lee and to participate in the events planned
around the book.
C/Chang presented Mrs. Forbing with a Proclamation proclaiming October
2006 as "Read Together Diamond Bar Month."
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered.
3. PUBLIC COMMENTS:
Roger Kirk, a 35 -year resident and homeowner spoke in favor of the library bond
issue.
Vince Galloway, a 25 -year resident living at Fall Creek Condos asked for an update
on Scribbles since the Club seems to be operating as usual. He also wanted to
know how Gentle Springs Ln. could become a City street.
Helen Doss spoke in opposition to a new library because the tax would go on
forever.
Keith Vorndran said he agreed with the previous speaker about taxes going on
forever and was opposed to a new library. He also spoke about the yellow (English)
circles on his street and said they were difficult to drive around. He wondered how
much it cost him for the installation and suggested the City just put in stop signs.
Jerry Hamilton, opposed the library measure because it would impose newtaxes on
residents. There are several bond issues on the ballot and all of them have to do
with raising taxes. He asked if there would be an increase in the landscape
assessments next year. He also wanted to know the results of the City's vote.
Al Rumpilla, a 34 -year resident spoke in opposition to Measure L. He stated that
since he is on a fixed income a new mandatory tax would place an additional
burden on him. He stated that there is already a County library in D.B. that serves
the City. He referred to the City's telephone survey conducted in February and to a
OCTOBER 3, 2006 PAGE 3 CITY COUNCIL
flyer he recently received in the mail regarding Measure L.
Kathleen Newe said she moved to D.B. in 1977 and currently resides in Phillips
Ranch. She said as a D.B. taxpayer she would pay more than $300 per year for
Measure L and said she supported Measure L because a new library is very
important to the people of D.B. and would enhance the entire City. One hundred
percent of the tax collected for Measure L will remain in the City to build the library.
Clyde Hennessee reiterated his opposition to Measure L and encouraged everyone
to vote no on all tax propositions.
5, RESPONSE TO PUBLIC: COMMENTS:
CM/DeStefano stated that CA/Jenkins would respond regarding Scribbles. With
respect to the traffic circles, the City involved neighborhood residents in a
Neighborhood Traffic Management Program for the past two years. As a result of
dialogue and study regarding traffic problems within the City's neighborhoods, staff
commenced installation of a variety of traffic calming measures within 12
neighborhoods as a pilot project. During the next six months staffs' intent was to
measure effectiveness of the installations, engage in further dialogue with affected
residents and present its finding to the City Council at the end of the pilot project
period. In fact, staff has accelerated the process and believes that it will be able to
present its findings in two months. The total cost for installation within the 12 areas
is about $110,000.
CM/DeStefano responded to Mr. Hamilton that with respect to a possible increase in
the landscape assessments, there are three assessment districts in D.B. that were
present when the City incorporated in 1989 and none of the assessments have
been raised in the 17 years the City has existed. Costs have increased as well as
expenses (labor, materials), etc. The City has re -landscaped the medians in almost
every part of the City and has added a variety of medians in other parts of the City.
Funds for ongoing maintenance of those three districts are very, very limited and
earlier this year Council was presented during budget discussions with preliminary
information regarding staff's concerns. Staff is considering a variety of options
including the possibility of seeking voter approval of an assessment increase for one
or more of the three districts. None of those options have yet been forwarded to the
City Council, for action as the staff continues to work on the matter.
CA/Jenkins stated that with respect to Scribbles that it was a matter of days after
the City Council took action to modify the CUP that the City filed action to enforce
the City Council's action. Since that time the City has been focused on this matter
on an almost daily basis. In addition, the City as well as the resources of his office
has been devoted to attempting to enforce the City Council's action to return
Scribbles to its permitted use and to restore some semblance of quiet to the nearby
neighborhood. While it is frustrating that things do not appear to have changed at
the location the truth is that the owners of Scribbles and their attorneys have
OCTOBER 3, 2006 PAGE 4 CITY COUNCIL
engaged in a great many legal maneuvers and have evaded service of process and
employed all possible stratagems available to delay the court process. The City is
committed to moving forward and has a hearing on a preliminary injunction on
October 20 and is employing all resources available through a variety of different
means. He assured the residents that the City is keenly focused and fully engaged
on this issue and on this problem, and continues to work on behalf of the citizens of
D. B.
SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting — October 10, 2006 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.2 Traffic and Transportation Commission Meeting — October 12, 2006 — 7:00
P.M., AQMD/Government Center Hearing Board Room, 21865 Copley Dr.
5.3 City Council Meeting — October 17, 2006 — 6:30 p.m. AQMD/Government
Center Auditorium„ 21865 Copley Dr.
6. CONSENT CALENDAR: C/Tanaka moved, C/Tye seconded to approve the
Consent Calendar. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: M/Herrera
6.1 APPROVED CITY COUNCIL MINUTES:
6.1.1 Study Session of September 19, 2006 —as corrected.
6.1.2 Regular Meeting of September 19, 2006 — as submitted.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES:
6.2.1 Regular Meeting of August 22, 2006
6.2.2 Regular Meeting of September 12, 2006
6.3 RATIFIED WARRANT REGISTER—containing checks dated September 14,
2006 through September 27, 2006 for a total amount of $577,984.26
6.4 REVIEWED AND APPROVED PRELIMINARYTREASURER'SSTATEMENT
— for the month of August 2006.
OCTOBER 3, 2006 PAGE 5 CITY COUNCIL
6.5 APPROVED FOR SECOND READING BY TITLE ONLY, WAIVED FULL
READING AND ADOPTED ORDINANCE NO. 07(2006) APPROVING
AMENDMENT NO.2 TO DEVELOPMENT AGREEMENT 2004-01 AND AS
AMENDED BY AMENDMENT NO. 1 ON JULY 22, 2005 BETWEEN THE
CITY AND LEWIS-DIAMOND BAR, LLC FOR THE DIAMOND BAR
VILLAGE PROJECT.
6.6 AUTHORIZED THE CITY MANAGER TO EXTEND THE PROFESSIONAL
SERVICES AGREEMENT WITH CIVIC SOLUTIONS, INC., TO INCREASE
THE CONTRACT AMOUNT BY $80,000 FOR A TOTAL CONTRACT
AMOUNT NOT TO EXCEED $120,000 TO PROVIDE CONTINUED ON-
SITE PLANNING SERVICES.
6.7 APPROVED AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH ENVIRONMENTAL IMPACT SCIENCES TO
INCREASE THE CONTRACT AMOUNT BY $42,390 FOR A TOTAL
CONTRACT AMOUNT NOT TO EXCEED $127,995 FOR THE
PREPARATION OF ENVIRONMENTAL IMPACT REPORT FOR SOUTH
POINTE WEST PROJECT, JCC HOMES.
6.8 AWARDED CONTRACT TO ENVIRONMENTAL CONSTRUCTION, INC.
FOR THE CONSTRUCTION OF SYCAMORE CANYON PARK PHASE III
ADA IMPROVEME=NTS IN THE AMOUNT OF $1,378,800.40, PLUS A
CONTINGENCY OF $137,880 (10%) FOR A TOTAL AUTHORIZATION OF
$1,516,680.40; AND APPROPRIATION OF $691,880.40 FROM THE PARK
DEVELOPMENT FUND TO FULLY FUND THE PROJECT.
6.9 APPROVED APPROPRIATION OF $76,000 FROM GENERAL FUND
RESERVES AND $45,000 FROM THE PARK DEVELOPMENT FUND, FOR
A TOTAL APPROPRIATION OF $121,000 FOR THE 2006/07 FY BUDGET
TO FULLY FUND THE CONTRACT WITH POMONA UNIFIED SCHOOL
DISTRICT FOR CONSTRUCTION AND MAINTENANCE OF
IMPROVEMENTS AT LORBEER MIDDLE SCHOOL.
6.10 APPROVED ADDITIONAL APPROPRIATION OF $12,000 FROM GENERAL
FUND RESERVES TO INSTALL 50 ADDITIONAL ARMED FORCES
BANNERS DURING THE 2006/07 FISCAL YEAR.
6.11 APPROVED AN "ON-LINE DEVELOPMENT SERVICES PERMITTING
SYSTEM: AND ,APPROVED AGREEMENTS WITH MUNICIPAL
SOFTWARE CORPORATION IN AN AMOUNT NOT TO EXCEED $275,000
AND GO LIVE TECHNOLOGY, INC. IN AN AMOUNT NOT TO EXCEED
$193,500 AND AUTHORIZED A CONTINGENCY AMOUNT OF $56,500
FOR A TOTAL AUTHORIZATION OF $525,000 AND APPROPRIATED
$275,000 FROM GENERAL FUND RESERVES TO FULLY FUND THE
PROJECT.
OCTOBER 3, 2006 PAGE 6 CITY COUNCIL
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 (a) APPROVE FOR FIRST READING BY TITLE ONLY, WAIVE FULL
READING OF ORDINANCE NO. 08(2006) AMENDING PROCEDURAL
PROVISION OF THE DIAMOND BAR TRANSIENT OCCUPANCY TAX
ORDINANCE AND AMENDING TITLE 3, CHAPTER 3.16 OF THE
DIAMOND BAR MUNICIPAL CODE.
CA/Jenkins reported that this ordinance was designed to bring the transient
occupancy tax ordinance into compliance with State law and recommended
City Council approval.
C/Tye moved, C/ -anaka seconded to approve for First Reading by Title
Only, Waive Full Reading of Ordinance No. 08(2006) amending procedural
provision of the Diamond Bar Transient Occupancy Tax Ordinance and
amending Title 3, Chapter 3.16 of the Diamond Bar Municipal Code. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: M/Herrera
(b) ADOPT RESOLUTION NO. 2006-73: APPROVING THE USE OF THE
"TRANSIENT OCCUPANCY TAX GOVERNMENT EMPLOYEE
EXEMPTION FORM" IN CONJUNCTION WITH ITS TRANSIENT
OCCUPANCY TAx: ORDINANCE.
C/Tye moved, C/Tanaka seconded to adopt Resolution No. 2006-73. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: M/Herrera
8.2 Consideration of a City Funded Low -Income Rebate Program Related
to Measure L.
CM/DeStefano reported that this matter is presented this evening for
consideration about whether or not the City Council wishes to create a
rebate for low and moderate -income residents who qualify for rebate with
respect to Measure IL that is before the voters in November.
SMA/McLean stated that the Council discussed the concept of a library
rebate program related to Measure L. At this time staff is seeking Council's
direction as to what type of rebate program if any, the City wishes to pursue.
OCTOBER 3, 2006 PAGE 7
CITY COUNCIL
Before proceeding, it should be noted that the City is prohibited from using
any bond revenues toward this rebate program should Measure L pass. The
rebate program would be funded from General Fund resources and would
have annual budget implications depending upon the type of program
chosen. If Council wishes to implement a program it must determine the
actual percentage of the rebate as well as which portion of the library
assessment to which the rebate would be applied. Currently, Southern
California Edison offers a "Care" program that offers a 20% rebate to
qualified low-income residents. There are presently 1,889 D.B. households
enrolled in the program. Staff recommends that any City rebate program
mirror the 20% rebate rate of the "Care" program and that the income
qualifications for the "Care" program be applied to the City rebate program.
Assuming that all 1889 households would chose to participate in the City's
rebate program the maximum annual General Fund impact in the first year
would be $33,624. Staff recommends that to ensure eligibility the City would
require enrollment in the Care program prior to enrolling in the City's program
and in offering a rebate program the City Council may reserve the right to
expand or suspend the rebate program due to economic conditions.
Jerry Hamilton said he was sorry to hear that the City would leave the renters
out of this program because he believed the property owners would pass the
increase on to the tenants. The City should be telling the renters they are
not eligible for this rebate.
Allen Wilson respectfully requested that the City Council seek guidance from
CA/Jenkins as to whether this item can be approved or disapproved prior to
the November election.
CA/Jenkins said he had not had an opportunity to look at the specific
Elections Code item that Mr. Wilson cited during tonight's study session.
However, based on his general understanding of the Elections Code he does
not agree with Mr. Wilson's interpretation that the code would preclude the
Council from discussing this item at this time.
C/Tanaka said he felt Edison had a very good rebate program and that he
would be in favor of a rebate program for both the construction and
operational costs based at 50 percent.
C/Tye agreed that the Edison probably had a very good program. However,
his concern was that they are a private for-profit concern and the City is a
public agency. He felt that the rebate program could be construed as an
incentive to the voters that would mislead them to believe the City Council
was interfering in the process.
C/Chang said that for several years this Council and prior Councils have
talked about building a new library and has discussed a possible rebate
program to show good faith to help the residents. Everyone agreed this was
a good thing and he did not understand why everyone was pulling back at
OCTOBER 3, 2006 PAGE 8 CITY COUNCIL
this point. Edison's program is a good program and it offers a good program
for the City to mirror. Regardless of whether D.B. is a private or public
agency the program helps low income residents so that they suffer less of a
burden.
MPT/Zirbes said that when he joined the Council five years ago one of the
priorities of the Council was its attempt to procure state grant funds to build a
library. At the time it was a great idea and based on the possibility of grant
funds the City agreed to contribute 35% of the costs. Staff and Council
spent a great dean of time and money pursuing the issue and unfortunately,
the City was unsuccessful in obtaining grant funds. During the year he was
Mayor he put together a Library Task Force to look at alternative options to
building a library such as improving the existing facility, seeking shared
parking agreements, reducing the collection, creating more floor space, etc.
Everyone seemed to be adamant about building a new library, thus Measure
L was placed on the November ballot. He has continued to believe and has
stated that this is a decision too big for the five City Council Members to
make because five Council Members should not decide whether residents
want to spend their tax dollars on a new library. As such, he voted with the
rest of the Council to place the responsibility with the voters of D.B. He said
he was not in favor of a rebate program because the City Council agreed to
dedicate $4 million and to put out a bond of $11 million for the construction of
a new library if Measure L passed. The $4 million is the citizen's money. If
the City offers a rebate program it is essentially spending the taxpayer's
money to subsidize other taxpayers. Certainly at a 20 percent rebate based
on the current $90 tax it would result in an $18 rebate and would not, in his
opinion, motivate anyone to vote either for or against Measure L because it
would still cost those individuals $72 per year in a new library tax. Many
have said that a new library is for the entire community, that it will be
available to everyone and will raise everyone's property values. If those
statements are true everyone should pay their fair share and therefore he
would be opposed Ito any form of a rebate program because this issue needs
to either "sink or swim" on its own merits.
MPT/Zirbes moved to recommend that the City Council not consider a rebate
program for Measure L. C/Tye seconded the motion. Motion failed by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Tye, MPT/Zirbes
NOES: COUNCIL MEMBERS: Chang, Tanaka
ABSENT: COUNCIL MEMBERS: M/Herrera
C/Tanaka moved to have the Council consider a 50 percent low-income
rebate program related to the Construction and Operations Costs for
Measure L. C/Chang seconded the motion. Motion failed by the following
Roll Call vote:
OCTOBER 3, 2006 PAGE 9 CITY COUNCIL
AYES: COUNCIL MEMBERS: Chang, Tanaka
NOES: COUNCIL MEMBERS: Tye, MPT/Zirbes
ABSENT: COUNCIL MEMBERS: M/Herrera
C/Tanaka said that when this issue was originally discussed he was in favor
of a rebate program. He felt that if Measure L passed and the City obtained
accurate bids the City would find out that the actual bid was lower than the
proposed building costs. If the City looks to build a sustainable building the
operational costs would be reduced rather than elevated beyond the current
costs. Additionally, if the construction cost were less the annual assessment
would reduce accordingly for the following years.
C/Tanaka moved to have the City mirror the Southern California Edison
"Care" program parameters to offer rebates in the amount of 20%. C/Chang
seconded the motion.
C/Chang said the City was fiscally conservative and even though the State
was having problems D.B. continued to find ways to manage its money in a
more prudent fashion. In 1998 the General Fund Budget was $12 million.
Today the City's General Fund Operating Budget is $23 million. The City
has to be optimistically conservative because in his opinion, if everything is
pessimistically conservative the City will not be able to move forward. The
Council's job is to figure out how to use the people's money to make the best
quality of life for the people and that is what the Council has been doing.
The City of D.B. has been improved quite a bit and as a result everyone
enjoys the quality of life and that is how the City attracts people to locate in
D.B. That is how lthe Council is managing the City's money, to maximize
benefits for the people. The City of D.B. is working harder to have more
money and that $12 million eight years ago is today $23 million, which shows
how the City has improved. The Council is supposed to come up with a way
to help the residents and alleviate their burden.
C/Tye said that trying to figure out what the operational costs would be is like
looking into a crystal ball and he felt that operational costs for a new library
would be very similar to remodeling a home — it will take a lot more than first
thought and it will take a lot longer to accomplish. And he did not believe it
was a prudent way to deal with the City's resources and the City needed to
be very concerned about continuing to build its reserves. He felt the Council
could not move forward to spend the community's money on a rebate
program that was not inclusive.
Motion failed by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka
NOES: COUNCIL MEMBERS: Tye, MPT/Zirbes
ABSENT: COUNCIL MEMBERS: M/Herrera
OCTOBER 3, 2006 PAGE 10 CITY COUNCIL
MPT/Zirbes moved to continue this matter to November 21, 2006 at which
point it would be known whether or not Measure L was passed. C/Tye
seconded the motion. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: M/Herrera
8.3 APPOINTMENT OF PLANNING COMMISSIONER:
C/Tye introduced Kathleen Nolan, listed her many community
accomplishments and asked for Council consensus that she be confirmed as
his Planning Commission appointee.
C/Tye moved, MPT/Zirbes seconded to confirm the appointment of Kathleen
Nolan to the Planning Commission. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: M/Herrera
Kathleen Nolan thanked the Council Members for their accolades. She said
she understood the challenge and dedication required to fulfill the position
and looked forward to serving the City.
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Chang said that Target's soft opening was held earlier this afternoon. Target
provides a wonderful shopping opportunity for D.B. residents. He encouraged
everyone to attend the Grand Opening at 8:00 on Sunday, October 8 and support
the store and the economy of the City of D.B.
C/Tanaka attended two meetings with JCC Homes to discuss their South Point
West project, one a public meeting at SCAQMD and one a field trip to similar
projects in Torrance and Lomita. Last week he attended the PUSD Board meeting,
the California Contract Cities meeting hosted by the LA County Sheriff's
Department. He congratulated two new Eagle Scouts, attended the D.B. Chinese
Association Moon Festival and Teacher Appreciation Day with C/Tye and C/Chang.
He attended the ribbon -cutting ceremonies at Target this afternoon with the
Council. He said he understood the store (Target) hours were until 10:00 p.m. and
if the meeting adjourned in time Council Members could continue shopping.
C/Tye said it was a delight to be at the ribbon -cutting ceremonies for the Target
opening. It is an exciting day in D.B. when the City has a new shopping destination
and when the City has been able to attract a national retailer like Target after many,
many years of hard work. Fie encouraged residents to feel free to spend freely for
OCTOBER 3, 2006 PAGE 11 CITY COUNCIL
Halloween and knock themselves out for Christmas at Target in D.B. He attended
Castle Rock Elementary School's celebration for the IB Primary Years Program, one
of only five schools in the State of California. Castle Rock will sponsor a golf
tournament on Tuesday, October 10 to support the International Baccalaureate
Primary Years Program and raise money fora technology teacher, foreign language
teacher as well as equipment and supplies. Those interested in donating or have
questions, to call Bonnie Carren at 598-5006. Certainly everyone knows that
Walnut Valley School District is rated as one of the top school systems in the San
Gabriel Valley, the State of California and the nation and six teachers in the
District in D.B. were named "Teacher's of the Year" for 2005-06. C/Tye was asked
by a constituent to mention that the D.B./Walnut American Association of University
Women will hold a special meeting on Monday, November 6 at SCAQMD at 7:00
p.m. The featured speaker will be Shirley Goins, Executive Director for the National
Center for Missing and Exploited Children, California branch. C/Tye said it was
frustrating to go through voting time. He reminded residents that when he proposed
putting the library issue to a vote he hoped it would not appear in any campaign
literature or hear or read any rhetoric about the matter. The literature he received
last week goes to that point. The flyer he received from "Citizens for a New Library"
was deceptive in showing pictures of all five Council Members above a panel that
says "yes on L" When he asks people what there impression is without reading the
verbiage the instant impression is that they believe the Council unanimously
supports Measure L. He said he supports the library, not necessarily Measure L.
What is lost in this discussion is that D.B. has a library. Is it the best? No — Is it the
newest? No. Could it be improved? Absolutely. And that was certainly his
impression of the M/Zirbes' pursuit. It was "how can we make this library better and
how can the City improve on what it has". He said he wanted to make very clear to
the people who supported him in his bid for Council overwhelmingly last November
that he along with two other Council Members opposed the imposition of bonded
indebtedness also known as a tax, to build a new library that the County will
operate. The residents cf D.B. are faced with over $40 billion of new bonded
indebtedness this November. There are different ways to accomplish the same goal
and C/Tye said he believed the goal for D.B. was a better library not $15 million of
bonded indebtedness to build a new library. The same day the pamphlet came out
the San Gabriel Valley Tribune ran an editorial that read "Putting Funds in Right
Places" and went on to say that "bonds are the most expensive method of financing
anything typically costing LINO to three times the face amount because of interest
added to long-term payback." The City sought grant money, asked Congressman
Gary Miller for assistance and, C/Tye has heard people say that D.B. ought to do
things like San Marino, Monterey Park and so forth. In fact, San Marino is building a
new library with donations. He believed that D.B. was a well-to-do community and
when residents put their rninds to it could accomplish wonderful goals. A new
library, a better library is a wonderful goal. What D.B. needs is for 15,000 people to
each contribute a thousand dollars. He said he would write a check tomorrow for
$1,000 and challenged his colleagues and others to do the same. It would be less
expensive for him to put $1000 out and not have bonded indebtedness than it is to
go through 30 years of $90 per year on his tax bill, which will escalate with the CPI.
He challenged the proponents of Measure L to be honest and straightforward and
reiterated that it was not accurate to portray a hundred percent support by the City
OCTOBER 3, 2006 PAGE 12 CITY COUNCIL
Council nor was it accurate to indicate that 75 percent of the public supported a new
library. He thanked everyone for participating in tonight's meeting.
MPT/Zirbes said it had been a good meeting and although there was not always
concurrence on every matter he appreciated the respect for different points of view
among his colleagues. With respect to the Neighborhood Traffic Management pilot
program he has heard from a number of constituents who have diverse opinions.
The one common thread is that they did not know something was coming which he
finds a shame because when the meetings were scheduled over the past several
years the City sent out thousands and thousands of cards to the affected residents
inviting their participation and yet, only a handful participated. He encouraged
residents to provide feedback to staff, to watch for the survey and take time to
complete the survey and send it back to City Hall because this is how residents take
charge of their neighborhoods. Staff cannot guess what the residents want. In
Covina for example, a City comparable to the size of D.B., only a fraction of
residents vote and make decisions for the majority. He encouraged everyone to
become involved and stay in tune to the situation. Over the past few weeks he has
come to appreciate the Sheriff's Department even more. Lt. Maxey and his team
strive to put together new, and innovative programs to assist D.B. As an example,
the new fingerprint program has been extremely effective. Lt. Maxey and his D.B.
team are impressive, dedicated officers arresting felons and getting the word out
that D.B. is not the place to commit crimes because they will be arrested,
prosecuted and incarcerated. MPT/Zirbes thanked Lt. Maxey and his crew for
keeping D.B. the safest City in the East San Gabriel Valley.
ADJOURNMENT: With no further business to conduct, MPT/Zirbes adjourned the
Regular City Council meeting at 8:56 p.m.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of 2006.
BOB ZIRBES, MAYOR PRO TEM
CITY OF DIAMOND BAR Agenda No . 6.2
MINUTES OF THE PARKS & RECREATION COMMISSION
S.C.A.Q.M.D./THE GOVERNMENT CENTER AUDITORIUM
21865 Copley Drive
AUGUST 24, 2006
CALL TO ORDER:
Chairman Grundy called the Parks and Recreation Commission meeting to order at 7:07
p.m. in the SCAQMD/Government Center Building Auditorium, 21865 Copley Drive,
Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: Chairman Grundy led the Pledge of Allegiance.
ROLL CALL:
Present: Commissioners Ruth Low, Vice Chairman Ted Owens and Chairman Dave
Grundy.
Absent: Commissioners Lew Herndon and Benny Liang were excused.
Staff Present: Bob Rose, Director of Community Services; Anthony Jordan, Parks
and Maintenance Superintendent; Ryan Wright, Recreation Supervisor II; and Krista
Berentis, Recreation Coordinator.
PRESENTATION OF 2006 CITY YOUTH BASEBALL SPORTSMANSHIP AWARDS:
RSII/Wright presented the award to three teams as an incentive for players, coaches and
fans to demonstrate positive support and to place the emotional and physical well being of
the children ahead of a personal desire to win.
RECESS: Chair Grundy recessed the meeting at 7:15 p.m.
RECONVENE: Chair Grundy reconvened the meeting at 7:23 p.m.
MATTERS FROM THE AUDIENCE: None Offered.
CALENDAR OF EVENTS: As Listed in the Agenda and reported by CSD/Rose.
1. CONSENT CALENDAR
Approval of Minutes for July 22, 2006 Regular Meeting.
VC/Owens moved, CJI -ow seconded to approve the Consent Calendar with
Chair Grundy abstaining from approval of Consent Calendar Item 1.1 Motion
carried by the following Roll Call vote:
AUGUST 24, 2006 PAGE 2 P&R COMMISSION
AYES: COMMISSIONERS: VC/Owens, Low
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Herndon, Liang
ABSTAIN: COMMISSIONERS: Chair/Grundy
2. INFORMATIONAL ITEMS
2.1 Recreation Program Report — RSII/Wright
2.2 Parks Report
PMS/Jordan reposed on maintenance and repairs at the City's parks.
2.3 CIP Report.
a. Sycamore Canyon Park ADA Retrofit — Phase I II — Bid opened on
August 22, 2006
b. Slope Repair at Diamond Bar Center — Bid opening on Tuesday,
September 12, 2006 at 2pm
2.4 Lorbeer Middle School field maintenance.
2.5 Art in Public Places — Scheduled meeting on Tuesday, September 12, 2006
at bpm in City Hall
3. OLD BUSINESS - None
4. NEW BUSINESS - None
5. ANNOUNCEMENTS:
C/Low thanked staff for the park walk-thru at Heritage and Summitridge Parks and
for the entertaining Concerts in the Park series.
VC/Owens was happy to report he will attend the youth baseball picnic at Heritage
Park on Saturday, August 26, 2006.
Chair/Grundy commented to staff that Pantera Park fields look great. He is looking
forward to the park walk -thea at Paul C. Grow Park on Monday, August 28, 2006.
ADJOURNMENT: Upon motion by C/Low seconded by VC/Owens and with no further
business before the Parks & Recreation Commission, Chair/Grundy adjourned the meeting
at 7:42 p.m.
AUGUST 24, 2006 PAGE 3 P&R COMMISSION
Respectfully Submitted,
Bob Rose, Secretary
Attest:
Dave Grundy, Vice Chairman
Agenda # 6. 3
Meeting Date: Octoberl7, 2006
CITY COUNCIL
Ps, ' '� AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City4ar
TITLE: Ratification of Check Register ated September 28, 2006 through October
12, 2006.
RECOMMENDATION:
Ratify Check Register containini checks dated September 28, 2006 through October
12, 2006 totaling $1,514,903.77.
FINANCIAL IMPACT:
Expenditure of $1,514,903.77 in City funds.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council meeting.
DISCUSSION:
The attached check register containing checks dated September 28, 2006 through
October 12, 2006 for $1,514,903.77 is being presented for ratification. All payments
have been made in compliance with the City's purchasing policies and procedures.
Payments have been reviewed and approved by the appropriate departmental staff and
the attached Affidavit affirms that the check register has been audited and deemed
accurate by the Finance Director.
PREPARED BY:
Linda G. Magnuson
Finance Director
REVIEWED BY:
Finance'Dctor
Assistant City Manager
Attachments: Affidavit and Check Register — 09/28/06 through 10/12/06
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated September 28, 2006 through October 12, 2006 has been
audited and is certified as accurate. Payments have been allowed from the following
funds in these amounts:
Fund #
Description
Amount
001
General Fund
$750,444.15
011
Community Organization Support Fund
1,868.00
112
Prop A - Transit Fund
89,713.58
115
Int. Waste Mgt Fund
5,739.16
118
AB2766 - AQMD Fund
2,197.95
125
CDBG Fund
5,280.73
127
Asset Forfeiture Fund
79.95
138
LLAD #38 Fund
12,127.93
139
LLAD #39 Fund
13,229.55
141
LLAD #41 Fund
7,109.82
250
Capital Improvement Project Fund
627,112.95
$1,514,903.77
Signed:
Linda G. Magnu on
Finance Director
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
10/5/2006
06 -PP 20
PAYROLL TRANSFER
P/R TRANSFER -06 -PP 20
139
10200
1,218.12
$134,761.78
10/5/2006
72659
PAYROLL TRANSFER
P/R TRANSFER -06 -PP 20
141
10200
1,218.08
$252.50
10/5/2006
PAYROLL TRANSFER
P/R TRANSFER -06 -PP 20
118
10200
1,347.95
10/5/2006
PAYROLL TRANSFER
P/R TRANSFER -06 -PP 20
125
10200
1,570.73
10/5/2006
PAYROLL TRANSFER
P/R TRANSFER -06 -PP 20
138
10200
1,218.07
10/5/2006
JAMERICOMP
PAYROLL TRANSFER
P/R TRANSFER -06 -PP 20
001
10200
118,210.10
10/5/2006
PAYROLL TRANSFER
P/R TRANSFER -06 -PP 20
112
10200
4,899.28
1015/2006
PAYROLL TRANSFER
P/R TRANSFER -06 -PP 20
115
10200
5,079.45
9/28/2006 72656 MANUEL ACHUCARRO IRECREATION REFUND 001 34720 36.001 $36.00
9/28/200612657 TIME WARNER
9/28/2006 I (TIME WARNER
INTERNET SVCS -HERITAGE PKI 0015340 42126 39.95 $86.90
MODEM SVCS -COUNCIL 0014010 42130 46.95
9/28/2006
72658
ALBERTSONS
SUPPLIES-VOLUNTEEN
0015350
1 41200 1
60.97
$60.97
9/28/2006
AMERICOMP GROUP INC
SUPPLIES -TONER
0014070
45000
100.67
9/28/2006
72659
JALLIANT INSURANCE SERVICES INC
SPCL INS -FALL FESTIVAL
0015350
1 45300
252.501
$252.50
9/28/2006
72660
AMERICOMP GROUP INC
SUPPLIES -TONER
0014070
45000
715.53
$2,471.36
9/28/2006
AMERICOMP GROUP INC
SUPPLIES -TONER
0014070
45000
100.67
9/28/2006
AMERICOMP GROUP INC
SUPPLIES -TONER
0014070
45000
238.15
9/28/2006
AMERICOMP GROUP INC
SUPPLIES -TONER
0014070
45000
764.25
9/28/2006
AMERICOMP GROUP INC
SUPPLIES -TONER
0014070
45000
81.19
9/28/2006
AMERICOMP GROUP INC
SUPPLIES -TONER
0014070
45000
101.76
9/28/2006
JAMERICOMP
GROUP INC
SUPPLIES -TONER
0014070
45000
469.81
9/28/2006 72661 JARMOR HOLDINGS FORENSICS INC SUPPLIES -SHERIFF 1 1274411 1 46250 1 79.95 $79.95
9/28/2006
72662
ARROYO GEOTECHNICAL CORP
PROF.SVCS-EN 06-507
001
23012
300.00
$300.00
9/28/2006
ARROYO GEOTECHNICAL CORP
ADMIN FEE -EN 06-507
001
23012
54.00
9/28/2006
ARROYO GEOTECHNICAL CORP
ADMIN FEE -EN 06-507
001
34650
-54.00
9/28/2006 72663 JISAAC AZIZPER DIEM-CJPIA CONF 0014070 42340 770.001 $770.00
9/28/2006
72664
ERNEST BACIO
IERNEST
PK REFUND -DBC
001
23002
550.00
$0.00
9/28/2006
BACIO
PROPERTY DAMAGE
001
36615
-51.00
Page 1
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
9/28/2006
9/28/2006
72664...
ERNEST BACIO
ERNEST BACIO
PK REFUND -DBC
PROPERTY DAMAGE
001
001
23002
36615
-550.00
51.00
PK REFUND -DBC
$0.00 ...
9/28/2006
72665
JERRY BARRY
RECREATION REFUND
PROPERTY DAMAGE
34780
001
36615
$30.00
34.00
$0.0
9/28/2006
ISUPPLI ES -LI EBERT TRNG
JERRY BARRY
1 42340 1
PK REFUND -DBC
001
23002
72668
500.00
MEMBERSHIP MTG-STAFF
9/28/2006
42325
JERRY BARRY
PROPERTY DAMAGE
9/28/2006
001
36615
7COMM ORG SUPPORT FUND
-34.00
42355
9/28/2006
JERRY BARRY
9/28/2006
PK REFUND -DBC
ICENTER ICE SKATING ARENA
001
23002
45320
-500.00
9/28/2006 1
72666
WENDY BERG
RECREATION REFUND
001
34780
30.00
$30.00
9/28/2006
72667
BOULEVARD BAGELS
ISUPPLI ES -LI EBERT TRNG
1 0014060
1 42340 1
300.521
$300.52
9/28/2006
72668
ICA PARKS & REC SOC -DIS XIII
MEMBERSHIP MTG-STAFF
0015350
42325
100.001
$100.00
9/28/2006
72669
ICASTLE ROCK CLASSIC
7COMM ORG SUPPORT FUND
0114010
42355
100.00
$100.00
9/28/2006
72670
ICENTER ICE SKATING ARENA
ICONTRACT CLASS -SUMMER
0015350
45320
21.00
$21.00
9!28/2006
72671
CHARTER OAK GYMNASTICS, INC.
CONTRACT CLASS -SUMMER
0015350
45320
298.20
$298.20
9/28/2006
72672
ICHRISTIN J MURPHEY
REIMB-SUPPLIES
1 0015350
1 42325
25.001
$25.00
9/28/2006
72673
ICOLOR ME MINE
CONTRACT CLASS -SUMMER
1 0015350
45320
4.801
$4.80
9/28/2006
72674
ILOS ANGELES COUNTY PUBLIC WORKS
MAINT-2270 FEATHER ROCK
1 001
1 34630
154.00
$154.00
9/28/2006
72675
CPRS DIST X
CPRS FORUM -STAFF
0015350 1
42325
210.00
$210.00
9/28/2006
72676
D & J MUNICIPAL SERVICES INC
JBLDG & SFTY SVCS -AUG 06
0015220
45000
49,090.531
$49,090.53
9/28/2006
9/28/2006
9/28/2006
9/28/2005
9/28/2006
72677
DAY & NITE COPY CENTER
DAY & NITE COPY CENTER
DAY & NITE COPY CENTER
DAY & NITE COPY CENTER
DAY & NITE COPY CENTER
PRINT SVCS -PUBLIC INFO
PRINT SVCS-PLNG
PRINT SVCS -COMM SVCS
PRINT SVCS -COMM SVCS
PRINT SVCS -HAUNTED HOUSE
0014095
0015210
0015350
0015350
0015350
42110
42110
42110
42110
42110
93.10
330.81
625.25
76.86
198.26
$1,324.28
9/28/2006 72678 IDIAMOND BAR CHAMBER OF COMMERCE ICONTRACT SVCS-JUL 06 1 0015240 45000 imo-oor $2,000.00
Page 2
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date
Check Number
Vendor Name
Transaction Description Fund/ Dept
Acct #
Amount
Total Check Amount
9/28/2006
72678...
DIAMOND BAR CHAMBER OF COMMERCE
ICONTRACT SVCS -AUG 06 0015240
45000
1,000.00
$2,000.00 ...
9/28/2006 I
72679
DIAMOND BAR INTERNATIONAL DELI
FT SUPPLIES-PLNG
nn1521(-
42210
27 11
c
cr.ii
9/28/2006
72680
EDUCATION TO GO
ICONTRACT CLASS -SUMMER
1 0015350
1 45320
364.001
$364.00
9/28/2006
72681
EVERGREEN INTERIORS
ADDL PLNT MAINT-C/HALL
0014090
42210
80.00
$395.00
9/28/2006
9/28/2006
EVERGREEN INTERIORS
PLANT MAINT-C/HALL AUG
0014090
42210
215.00
152.101
9/28/2006
$152.10
EVERGREEN INTERIORS
PLANT MAINT-LIBRARY AUG
0014090
42210
100.00
36615 1
9/28/2006
72682
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 2006-221
00123010
1 42125 1
1 14.401
$199.40
Q/28/2nn6
9/28/2006
EXPRESS wiAIL CORPORATE ACCOUNT
LXHRESS MAIL -GENERAL
0014090
42120
22.20
152.101
9/28/2006
$152.10
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 205-169
001
23010
14.40
36615 1
9/28/2006
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 205-169
001
23010
14.40
1 001
9/28/2006
200.001
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -GENERAL
0014090
42120
47.60
IRECREATION REFUND
9/28/2006
34780
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 2006-218
001
23010
14.40
9/28/2006
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 2002-05
001
23010
14.40
9/28/2006
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 2002-05
001
23010
14.40
9/28/2006
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 2006-202
001
23010
14.40
9/28/2006
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 2006-202
001
23010
14.40
9/28/2006
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 2006-218
001
23010
14.40
9/28/2006
72683
HALL & FOREMAN, INC.
HALL & FOREMAN, INC.
HALL & FOREMAN, INC.
HALL & FOREMAN, INC.
1EXPRESS MAIL -GENERAL
1 0014090
1 42125 1
92.20
$92.20
9/28/2006
72684
1 FRANK STEIN NOVELTY COMPANY
SUPPLIES -HAUNTED HOUSE
0015350
41200 1
152.101
$152.10
9/28/2006
72685
ICHRISTINA GAELEANO
PK REFUND -DBC
001
36615 1
400.00
$400.00
9/28/2006
72686
ICHARLEMAIGNE GARCIA
PK REFUND-PANTERA
1 001
23002 1
200.001
$200.00
9/28/2006
72687
IDIANE GERON
IRECREATION REFUND
1 001
34780
60.00
$60.00
9/28/2006
9/28/2006
9/28/2006
9/28/2006
72688
HALL & FOREMAN, INC.
HALL & FOREMAN, INC.
HALL & FOREMAN, INC.
HALL & FOREMAN, INC.
PROF.SVCS-PLAN CHECK
PROF.SVCS-EN 05-476
ADMIN FEE -EN 05-476
ADMIN FEE -EN 05-476
0015551
001
001
001
45223
23012
23012
34650
209.80
450.00
112.50
-112.50
$1,359.80
Page 3
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount
9/28/2006 72688... HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 700.001 $1,359.80--
9/28/2006
1,359.80..
9/28/2D06
9/28/2006
72689
JENNIFER HIMES
JENNIFER HIMES
EFUND-HERITAGE PK
TPKEFUND-HERITAGE PK
001
001
23002
23002
200.00
50.00
.p! $720 LV UV
0
$250.00
9/28/2006 I
72690
JINLAND ROUNDBALL OFFICIALS
OFFICIAL SVCS -SEPT 24
0015350
1 45300 1
720
v v0v0
.p! $720 LV UV
0
9/28/2006
72691
IMOHAMAD R JAHANVASH
CONTRACT CLASS -SUMMER
0015350
1 45320 1
216.00
$95.00
$216.00
9/28/2006
72692
IPHILLIP JOHNSON
JPK REFUND-PANTERA
001
23002 1
50.001
9/28/2006
$50.00
9/28/2006
72693
Wu KIM
34780 1
105.001
$105.00
9/28/2006
72699
ILAUREL MEYER
" - " """
IPK REFUND -PE T ERSON
U01
23002
50.001
$50.00
9/28/2006
9/28/2006
72694
ICONNIE KWAN
CONNIE KWAN
RECREATION REFUND
RECREATION REFUND
001
001
34780
34780
1 65.00
-65.00
c
50.00
$0.00
9/28/2006 I
72695
IGREG LAU
PK REFUND-REAGAN
1 001
1 23002 1
50.001
c
50.00
9/28/2006
72696
IJUNG HEE LEM
IRECREATION REFUND
1001
1 34780 1
95.001
$95.00
9/28/2006
72697
LOWE'S BUSINESS ACCOUNT
SUPPLIES -DBC
1 0015333
1 41200 1
84.821
$84,82
9/28/2006
72698
PHYLLIS MACH
RECREATION REFUND
001
34780 1
105.001
$105.00
9/28/2006
72699
ILAUREL MEYER
REIMB-SUPPLIES
0015350
41200
38.97
$38.97
9/28/2006
72700
IGLORIA MONTERO
PK REFUND-REAGAN
001
1 23002 1
50.001
$50.00
9/28/2006
72701
NATIONAL ASSOCIATION OF CITIES
MEMBERSHIP DUES -06
0014030
1 42315 1
185.00
$185.00
9/28/2006
72702
IGARY L NEELY
CONSULTING SVCS-JUL/AUG
0015210
1 44210 1
3,240.00
$3,240.00
9/28/2006
72703
ICANDICE OAXACA
PK REFUND-SYC CYN PK
001 1
23002
50.001
$50.00
9/28/2006
72704
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
315.01
$4,234.22
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
19.66
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
302.66
Page 4
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
9/28/2006
72704...
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
12.57
$4,234.22
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
7.48
...
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
36.70
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
27.06
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
80.40
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
156.64
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
49.10
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
283.51
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -INFO SYS
0014070
41200
68.12
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -INFO SYS
0014070
41200
182.94
9/28/2006
OFFICEMAX CONTRACT INC
AI
9/28/2006
OFFICEMAX CONTRACT INC
_CI_IPPI
SUPPLIES -FINANCE`
vvl4uvu
0014050
41200
41200
54.89
160.56
9/28/2006
OFFICEMAX CONTRACT INC
MEMO CREDIT
0014050
41200
-118.58
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES-H/R
0014060
41200
56.58
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -CITY MANAGER
0014030
41200
39.84
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -CITY MANAGER
0014030
41200
8.99
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -FINANCE
0014050
41200
396.35
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -DBC
0015333
41200
5.13
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -CITY MANAGER
0014030
41200
3.58
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -CITY MANAGER
0014030
41200
211.66
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
8.52
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
87.75
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
12.54
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
43.61
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
3.40
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
24.79
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
22.95
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
7.93
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
20.23
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
15.88
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
381.40
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
35.03
9/28/2006
OFFICEMAX CONTRACT INC
SUPPLIES -DBC
0015333
41200
202.70
9/2812006
OFFICEMAX CONTRACT INC
SUPPLIES -DBC
0015333
41200
10.23
9/28/2006
1OFFICEMAX
CONTRACT INC
SUPPLIES -DBC
0015333
41200
89.72
Page 5
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
PK REFUND -DBC
1PK REFUND -DBC
Total Check Amount
9/28/2006
9/28/2006
9/28/2006
9/28/2006
9/28/2006
9/28/2006
9/28/2006
9/28/2006
9/28/2006
72704...
OFFICEMAX CONTRACT INC
OFFICEMAX CONTRACT INC
OFFICEMAX CONTRACT INC
OFFICEMAX CONTRACT INC
OFFICEMAX CONTRACT INC
OFFICEMAX CONTRACT INC
OFFICEMAX CONTRACT INC
OFFICEMAX CONTRACT INC
OFFICEMAX CONTRACT INC
SUPPLIES -DBC
SUPPLIES -DBC
SUPPLIES -DBC
SUPPLIES -DBC
SUPPLIES -DBC
SUPPLIES -DBC
SUPPLIES -PLANNING
SUPPLIES -PLANNING
SUPPLIES -PLANNING
0015333
0015333
0015333
0015333
0015333
0015333
0015210
0015210
0015210
41200
41200
41200
41200
41200
41200
41200
41200
41200
31.05
27.21
11.23
69.69
174.55
191.88
68.78
279.54
52.76
72708
$4,234.22 ...
9/28/2006 72705 IPATRICK MARY OKWANDU 1PK REFUND-REAGAN nni�gnn,3 �. ��
__. _ w.w $50.0"0 11
72712
9/28/2006 72706 JANGELA PEREZ PK REFUND-REAGAN 001 1 23002 1 50.001 $50.00
SUPPLIES -ROAD MAINT
9/28/2006
9/28/2006
72707TAI
PHUNG
JTAI PHUNG
PK REFUND -DBC
1PK REFUND -DBC
001
001
23002
23002
500.00
-500.00
$0.00
9/28/2006
9/28/2006
9/28/2006
72708
PROTECTION SERVICE INDUSTRIES LP
PROTECTION SERVICE INDUSTRIES LP
PROTECTION SERVICE INDUSTRIES LP
ALARM SVCS -DBC
ALARM SVCS-SYC CYC PK
ALARM SVCS -HERITAGE
0015333
0015340
0015340
42210
42210
42210
52.50
97.20
86.34
108.00
$236.04
9/28/2006 72709 ITERESA QUAN IRECREATION REFUND 001 34780 40.00 $40.00
9/28/2006
9/28/2006
7271 0
IR
R & D BLUEPRINT
& D BLUEPRINT
PRINT SVCS -FPL 2002-63
PRINT SVCS -FPL 2004-77
0015210
0015210
42110
42110
5.00
10.00
JPK REFUND -DBC
$15.00
1 36615 1
400.00
9/28/2006
9/28/2006
72711 IRUDY
RUDIANTO
RUDY RUDIANTO
RECREATION REFUND
RECREATION REFUND
001
001
34780
34780
30.00
-3n nn
$0.00
9/28/2006
72712
S C SIGNS & SUPPLIES LLC
SUPPLIES -ROAD MAINT
1 0015554
1 41250
66.81
$66.81
9/28/2006
72713
FRANCIS SABADO
ICONTRACT CLASS -SUMMER
00153501
45320
108.00
$108.00
9/28/2006
72714
ANIL SHAH
JPK REFUND -DBC
001
1 36615 1
400.00
$400.00
9/28/2006
72715
JATIN SHARMA
RECREATION REFUND
001
1 34780 1
95.00
$95.00
Page 6
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
9/28/2006
1 72716
JERRY SHORT
CONTRACT CLASS -SUMMER
0015350
45320
1,404.00
$1,404.00
9/28/2006
72717
ISIGN DEPOT INCSIGNS-SYC
CYN PK
2505310
46415 1
29.831
$29.83
9/28/2006
72718
JREBECCASIU
EMPLOYEE COMP PROG
001
13135 1
847.031
$847.03
9/28/2006 1
72719
IBOB SONDERLAND
IRECREATION REFUND
001
34780
30.001
$30.00
9/28/2006
72720
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
4212676.66
14.50
$276.35
9/28/2006
72723
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
39.18
$524.60
9/28/2006
72724
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
160.51
$50.00
9/28/2006
72721
STANDARD INSURNCE OF OREGON
OCT 06 -LIFE INS PREMS
0015510
40090
14.50
$2,137.29
9/28/2006
72723
STANDARD INSURNCE OF OREGON
OCT 06 -LIFE INS PREMS
001
21106
646.07
$524.60
9/28/2006
72724
STANDARD INSURNCE OF OREGON
OCT 06 -SUP LIFE INS PREM
001
21106
42.00
$50.00
9/28/2006
STANDARD INSURNCE OF OREGON
OCT 06-STD/LTD
001
21112
1,434.72
9/28/2006 I
72722
ISUBWAY
MTG SUPPLIES-LIEBERT
0014060
42340
23.951
$23 .951
9/28!2006
72723
TELEPACIFIC COMMUNICATIONS
JINTERNET SVCS -SEPT 06
0014070
44030
524.60
$524.60
9/28/2006
72724
CLAUDIA THOMPS TERRELL
PK REFUND-SYC CYN PK
1 001
23002
50.00
$50.00
9/28/2006
72725
THE WESTIN DALLAS FORT WORTH AIRPOR
3CMA CONF-M ROA
0014095
42330
457.62
$1,372.92
9/28/2006
72729
THE WESTIN DALLAS FORT WORTH AIRPOR
3CMA CONF-T AYLWARD
0014095
42330
457.65
9/28/2006
72730
THE WESTIN DALLAS FORT WORTH AIRPOR
3CMA CONF-L HIDALGO
0014095
42330
457.65
$1,450.56
1 9/28/2006 I 72726 JAKIE TSUBOTA RECREATION REFUND 1 001 1 34720 1,5n nn $150.001
9/28/2006
72727
UCLA EXTENSION
TRNG-R YEE
0015551
42330
275.00
$550.00
9/28/2006
72729
UCLA EXTENSION
TRNG-K MOLINA
I 0015551
42330
275.00-
9/28/2006 I
72728
JUNITED PARCEL SERVICE
EXPRESS MAIL -GENERAL
0014090
1 42120
13.151
$13 .151
9/28/2006
72729
VERONICA VALDEZ
PK REFUND-PANTERA
001
1 23002
50.001.$50.00
9/28/2006
72730
IVALLEY CREST LANDSCAPE MAINT INC
JADDL MAINT-PETERSON PK
00153401
42210 1
826.321
$1,450.56
Page 7
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
I Acct #
Amount
$1,046.14
Total Check Amount
9/28/2006
9/28/2006
72730...
VALLEY CREST LANDSCAPE MAINT INC
VALLEY CREST LANDSCAPE MAINT INC
MAINT-DBC JUL
MAINT-PARKS JUL
0015333
0015340
45300
45300
62.57
561.67
$1,450.56 ...
9/28/2006 72731 IVANGUARD VAULTS LA INC DATA STORAGE SVCS -SEPT 0014070 1 45000 1 550.001 $550.00
9/28/2006
9/28/2006
9/28/2006
9/28/2006
72732
VERIZON CALIFORNIA
VERIZON CALIFORNIA
VERIZON CALIFORNIA
VERIZON CALIFORNIA
PH.SVCS-DATA MODEM
PH.SVCS-DBC
PH.SVCS-HERITAGE PK
PH.SVCS-PANTERA PK
0014090
0015333
0015340
0015340
42125
42125
42125
42125
28.09
66.44
91.34
91.34
$1,046.14
$277.21
9/28/2006 72733 DARRYL VILLAMATER PK REFUND-REAGAN 001 23002 50.00 $50.00
9/28/2006
9/28/2006
9/28/2006
72734
VISION SERVICE PLAN
VISION SERVICE PLAN
VISION SERVICE PLAN
OCT 06 -VISION PREM
OCT 06 -COBRA VISION
OCT 06 -VISION PREM
001
001
0015510
21107
21107
40090
1,226.83
46.77
26.23
$1,046.14
$1,299.83
9/28/2006 1 72735 JANTONIO VISTRO PK REFUND-REAGAN 1 23002 1 50.001 $50.00
9/28/2006
72736
WELLS FARGO BANK
LEAGUE CONF-COUNCIL
0014010
42330
995.90
$1,046.14
9/28/2006
9/28/2006
WELLS FARGO BANK
MTG-COUNCIL
0014010
42325
37.05
670.921
9/28/2006
$670.92
WELLS FARGO BANK
BANK CHARGES
0014090
42128
13.19
42330
9/28/2006
72737
WELLS FARGO BANK
LEAGUE CONF-COUNCIL
0014010
42330
308.38
$308.38
9/28/2006
72738
IWELLS FARGO BANK
LEAGUE CONF-COUNCIL
0014010
42330
670.921
$670.92
9/28/2006
72739
WELLS FARGO BANK
LEAGUE CONF-COUNCIL
0014010
42330
925.141
$925.14
9/28/2006
9/28/2006
9/28/2006
9/28/2006
9/28/2006
9/28/2006
72740
WELLS FARGO BANK
WELLS FARGO BANK
WELLS FARGO BANK
WELLS FARGO BANK
WELLS FARGO BANK
WELLS FARGO BANK
LEAGUE CONF-CMGR
MTG-CMGR
MTG-WVUSD
CAJIPA MTG-CMGR
MTG-STAFF
SUPPLIES-CMGR
0014030
0014030
0014030
0014030
0014090
0014030
42330
42325
42325
42325
42325
42125
1,188.16
25.07
52.41
40.00
301.87
21.54
$1,629.05
L 9/28/2006 I 72741 ELBERT WORLAND JPK REFUND-SYC CYN PK 23002 1 50.001
Page 8
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date
Check Number
Vendor Name
Transaction Description Fund/ Dept
Acct # Amount
Total Check Amount
9/28/2006
72742
PAUL WRIGHT
A/V SVCS-CNCL MTG/T/D 0014090
44000 227.50
$227.50
9/28/2006 1
72743
ISARAH YANG
IRECREATION REFUND
1 001
1 34780 1
59.00
$59.00
10/5/2006
AMERICAN ASPHALT SOUTH INC.
ISLURRY SEAL -AREA 2
2505510
1 46411
16,150.50
9/28/2006 1
72744
JYI TONY TORNG
JPK REFUND-SYC CYN PK
1 001
1 23002 1
50.00
$50.00
10/5/2006
ARROYO GEOTECHNICAL CORP
ADMIN FEE -EN 06-507
001
23012
162.00
10/5/2006 1
72745
JAARP
MATURE DRIVING CLASS
1 0015350
1 45300 1
150.001
$150.00
10/5/2006
ARROYO GEOTECHNICAL CORP
PROF.SVCS-EN 06-534
001
23012
1,395.00
10/5/2006 1
72746
JADVANTEC CONSULTING ENGINEERS INC
ITRAFFIC SIGNAL -SEPT 06
1 0015510
1 44000 1
3,661.601
$3,661.60
10/512006
ARROYO GEOTECHNICAL CORP
ADMIN FEE -EN 06-510
001
34650
-68.40
10/5/2006 1
72747
IMARIA AGRAMONTE
PK REFUND -DBC
1 001
1 36615 1
400.00
$400.00
10/5/2006
ARROYO GEOTECHNICAL CORP
ADMIN FEE -EN 06-524
001
34650
-264.60
10/5/2006 1
72748
JALBERTSONS
SUPPLIES -DAY CAMP
1 0015350
1 41200 1
21.381
$21.38
10/5/2006
72749
JAMERICAN ASPHALT SOUTH INC.SLURRY
SEAL -AREA 2
2505510
1 46411
501,354.67
$517,505.17
10/5/2006
AMERICAN ASPHALT SOUTH INC.
ISLURRY SEAL -AREA 2
2505510
1 46411
16,150.50
10/5/2006 1 72750 JAMERICOMP GROUP INC PRINTER MAINT-JUL-SEPT 06 1 0014070 1 45000 1 1,490.501 $1,490.50
10/5/2006
72751
ARAMARK WORK APPAREL & UNIFORM SVCS
UNIFORM SVCS -WK 9/28
0015310
42130
20.25
$60.75
10/5/2006
ARAMARK WORK APPAREL & UNIFORM SVCS
1ARAMARK
UNIFORM SVCS -WK 9/14
0015310
42130
20.25
10/5/2006
WORK APPAREL & UNIFORM SVCS
UNIFORM SVCS -WK 9/21
0015310
42130
20.25
10/5/2006
72752
ARROYO GEOTECHNICAL CORP
ADMIN FEE -EN 06-534
001
23012
251.10
$4,650.00
10/5/2006
ARROYO GEOTECHNICAL CORP
ADMIN FEE -EN 06-534
001
34650
-251.10
10/5/2006
ARROYO GEOTECHNICAL CORP
PROF.SVCS-EN 06-524
001
23012
1,470.00
10/5/2006
ARROYO GEOTECHNICAL CORP
ADMIN FEE -EN 06-507
001
23012
162.00
10/5/2006
ARROYO GEOTECHNICAL CORP
ADMIN FEE -EN 06-507
001
34650
-162.00
10/5/2006
ARROYO GEOTECHNICAL CORP
PROF.SVCS-EN 06-534
001
23012
1,395.00
10/512006
ARROYO GEOTECHNICAL CORP
ADMIN FEE -EN 06-510
001
23012
68.40
10/512006
ARROYO GEOTECHNICAL CORP
ADMIN FEE -EN 06-510
001
34650
-68.40
10/5/2006
ARROYO GEOTECHNICAL CORP
PROF.SVCS-EN 06-507
001
23012
900.00
10/5/2006
ARROYO GEOTECHNICAL CORP
ADMIN FEE -EN 06-524
001
34650
-264.60
10/5/2006
ARROYO GEOTECHNICAL CORP
ADMIN FEE -EN 06-522
001
23012
90.90
10/5/2006
ARROYO GEOTECHNICAL CORP
ADMIN FEE -EN 06-522
001
34650
-90.90
10/5/2006
JARROYO
GEOTECHNICAL CORP
PROF.SVCS-EN 06-510
001
23012
380.00
Page 9
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
10/5/2006
10/5/2006
72752...
ARROYO GEOTECHNICAL CORP
ARROYO GEOTECHNICAL CORP
PROF.SVCS-EN 06-522
ADMIN FEE -EN 06-524
001
001
23012
23012
505.00
264.60
$4,650.00 ...
10/5/2006 1 72753 JCYNTWIA AU IRECREATION REFUND 001 1 34780 1 60.00 $60.00
10/5/2006
72754
CASSANDRA AVALOS
PK REFUND -DBC
001
23002
500.00
$366.00
10/5/2006
I
CASSANDRA AVALOS
PROPERTY DAMAGE
001
36615
1 -134.00
$415.05
10/5/2006 1 72755 JISAAC AZIZ REIMB-CJPIA CONF 1 0014070 1 42340 1 89.89 $89.89
10/5/2006
72756
ERNEST BACIO
PK REFUND -DBC
001
1 23002
1 550.001
$499.00
I 10!5/2006
I
�E-rnT
1ERNo 1 BACIv
( PROPERTY DAMAGE
I 001
I 36615
I -51.001
$415.05
L10/5/2006
72757
DOUGLAS BAKER
PK REFUND -DBC
001
23002
600.00
$549.00
10/5/2006
72760
DOUGLAS BAKER
PROPERTY DAMAGE
001
36615
-51.00
$415.05
P1 10/5/2006
72758
JERRY BARRY
PK REFUND -DBC
001
23002
500.00
$466.00
0/5/2006
72760
JERRY BARRY
PROPERTY DAMAGE
001
36615
-34.00
$415.05
10/5/2006
72759
IBEE REMOVERS
IBEE REMOVAL -SHADED WOOD
1 0015558
1 45508 1
135.00
$135.00
10/5/2006
72760
BENESYST
10/06/06-P/R DEDUCTIONS
1001
21105 1
415.05
$415.05
10/5/2006
72761
IBONTERRA CONSULTING INC.
PROF.SVCS-FPL 2002-09
001
23010
1,192.67
$4,492.99
10/5/2006
BONTERRA CONSULTING INC.
PROF.SVCS-FPL 2002-09
001
23010
3,300.32
10/5/2006
72762
IBRUNDIGE GLASS
SUPPLIES -DBC
1 0015333
1 41200 1
1,860.211
$1,860.21
10/5/2006
72763
IJACKIE BRUNS
RECREATION REFUND
001
34780 1
59.001
$59.00
10/5/2006
72764
IBSN SPORTS CORP
SUPPLIES -RECREATION
0015340
1 42210 1
1,910.351
$1,910.35
10/5/2006 1
72765
ICA PARK & RECREATION SOC
MEMBERSHIP DUES -A MEYERS
0015350
1 42315
140.00
$140.00
10/5/2006
72766
ICATALINA BALLAST BULB COMPANY
SUPPLIES -DBC
0015333 1
41200
133.411
$133.41
10/5/2006
72767
ICERTIFIED TRANSPORTATION SVCS INC
TRANSPORTATION -TINY TOTS
1125350 1
45310 1
280.701
$280.70
Page 10
City of Diamond Bar - Check Register 09/28/06-10/12/06
10/5/2006
72771
CINGULAR WIRELESS
CELL CHRGS-POOL VEH
0014090
42125
12.35
Check Date
Check Number Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
12.35
1015/2006
72768 ICHARLES GROUP
JARCHITECT SVCS -SEPT 06
0015240
44000
9,500.001
$9,500.00
12.35
$36.00
1015/2006
1 72769 CHEF'S CATERING
SUPPLIES -SR CLUB
1255215
41200
700.001
$700.00
0015554
1 41250 1
562.461
$562.46
10!5/2006
72770 CHINO HILLS FORD
EQ MAINT-COMM SVCS VEH
0015310
42200
108.31
$108.31
10/5/2006
72771
CINGULAR WIRELESS
CELL CHRGS-POOL VEH
0014090
42125
12.35
$37.05
10/5/2006
CINGULAR WIRELESS
CELL CHRGS-POOL VEH
0014090
42125
12.35
10/5/2006
72777
CINGULAR WIRELESS
CELL CHRGS-POOL VEH
0014090
42125
12.35
$36.00
1N5/2nng 1 72772 I_P .OCC�AAA� CONTRACT CLASS -FALL 0015350 45320 24U.UUI $240.00
10/5/2006 1 72773 1COMMUNICATE USA INC SUPPLIES-MTG 0014090 42325 100.00 $100.00
10/5/2006 1 72774 JDANA CONCEPCION RECREATION REFUND 001 34780 20.00 $20.00
10/5/2006
72775
CONTACT OFFICE SOLUTIONS
COPIER MAINT-SEPT/OCT
0014090
42100
371.30
$1,283.34
10/5/2006
CONTACT OFFICE SOLUTIONS
SUPPLIES -COPIER
0014090
1 42100
912.04
10/5/2006
72776
ICORNERSTONE BIBLE COMMUNITY CHURCH
ICONTRACT CLASS -SUMMER
1 0015350
45300 1
3,848.911
$3,848.91
10/5/2006
DELTA DENTAL
OCT 06 -COBRA PREM
001
21104
87.68
10/5/2006
72777
ICOUNTY OF LOS ANGELES
IPRINT SVCS -BUS CARDS
1 0014095
1 42110 1
36.001
$36.00
10/5/2006
72778
JCRAFCOINC
SUPPLIES -ROAD MAINT
0015554
1 41250 1
562.461
$562.46
10/5/2006 1
72779
IGLORIA CRAINE
IRECREATION REFUND
001
1 34780 1
60.00
$60.00
10/5/2006
72780
JDAPEER ROSENBLIT & LITVAK LLP
LEGAL SVCS -AUG 06
0015230
1 45213 1
1,022.931
$1,022.93
10/5/2006
72781
JELIZABETH DAVIS
IRECREATION REFUND
001
1 34780 1
60.001
$60.00
10/5/2006
72782
ID DAYTO
RECREATION REFUND
001
1 34780 1
38.001
$38.00
10/5/2006
72783
DELTA DENTAL
OCT 06 -DENTAL PREM
001
21104
2,523.98
$2,698.79
10/5/2006
DELTA DENTAL
OCT 06 -COBRA PREM
001
21104
87.68
10/5/2006
DELTA DENTAL
OCT 06 -DENTAL PREM
0015510
40090
87.13
Page 11
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
10/5/2006
10/5/2006
72784
DENNIS CAROL
IDENNIS CAROL
PROF.SVCS-SS/CC 9/19
PROF.SVCS-PLNG COMM
0014030
0015210
44000
44000
200.00
50.00
$250.00
10/5/2006 1
72785
IDEPT OF TRANSPORTATION
TRAFFIC MAINT-AUG 06
1 0015554
1 45507 1
856.571
$856.57
10/5/2006
72789
DIANA CHO & ASSOCIATES
CONSULTANT SVCS-CDBG AUG
1255215
44000
1,680.00
$14,584.90
10/5/2006 1
72786
IDIAMOND BAR IN DELI
JMTG SUPPLIES -COMM SVCS
1 0015350
1 41200 1
80.001
$80.00
10/5/2006
72787
DIANA CHO & ASSOCIATES
CONSULTANT SVCS-CDBG JUL
1255215
44000
630.00
$2,310.00
10/5/2006
72789
DIANA CHO & ASSOCIATES
CONSULTANT SVCS-CDBG AUG
1255215
44000
1,680.00
$14,584.90
10/5/2006 1
72788
IDIEHL EVANS AND COMPANY LLP
PROF.SVCS-AUDITING
1 0014050
1 44010 1
—1,000.001
$1,000.00
10/5/2006 1
72789
IDIVERSIFIED PARATRANSIT INC
IDIAMOND RIDE -9/1-9/15
1 1125553
1 45529 1
14,584.901
$14,584.90
10/5/2006 1
72795
IEVERGREEN INTERIORS
IPLANT SVCS -DBC SEPT
0015333
1 45300 1
165.001
$165.00
10/5/2006 1
72790
IDMS CONSULTANTS CIVIL ENGINEERS INC
JENG SVCS -WASHINGTON ST
2505510
1 R46411
5,060.001
$5,060.00
10/5/2006 1
72796
1EXTERIOR PRODUCTS INC
I BANNERS -LIBRARY
0114010
1 42355 1
943.001
$943.00
10/5/2006 1
72791
IDOGGIE WALK BAGS INC
SUPPLIES -PARKS
0015310
1 41200
832.131
$832.13
10/5/2006 1
72792
IDIANA DUNCAN
EXCURSION -TINY TOTS
0015350
1 42410
120.001
$120.00
10/5/2006
72793
EDEN DONGSAN INVESTMENTS INC
REFUND -EN 06-525
001
23012
500.00
$160.00
10/5/2006
EDEN DONGSAN INVESTMENTS INC
ADMIN FEE -EN 06-525
001
34650
-340.00
10/5/2006 1
72794
IMARYANNE ESTANISLAO
IRECREATION REFUND
001
1 34740 1
15.001
$15.00
10/5/2006
GFB FRIEDRICH & ASSOCIATES INC.
LNDSCPNG SVCS -DIST 38
1385538
R44000
640.86
10/5/2006 1
72795
IEVERGREEN INTERIORS
IPLANT SVCS -DBC SEPT
0015333
1 45300 1
165.001
$165.00
10/5/2006 1
72796
1EXTERIOR PRODUCTS INC
I BANNERS -LIBRARY
0114010
1 42355 1
943.001
$943.00
10/5/2006
72797
GFB FRIEDRICH & ASSOCIATES INC.
LNDSCPNG SVCS -DIST 41
1415541
R44000
640.87
$1,922.60
10/5/2006
GFB FRIEDRICH & ASSOCIATES INC.
LNDSCPNG SVCS -DIST 38
1385538
R44000
640.86
10/512006
GFB FRIEDRICH & ASSOCIATES INC.
LNDSCPNG SVCS -DIST 39
1395539
R44000
640.87
$262.47
10/5/2006 1
72798
IGG ONE SOFTWARE INC
COMP MAINT-FY 06/07
1 0014070
1 42205 1
399.001
$399.00
10/5/2006 1
72799
IMEDDY GORGANI
REFUND -BLDG PERMIT
001
1 34300
262.471
$262.47
Page 12
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date Check Number
Vendor Name
Transaction Description Fund/ Dept
Acct #
Amount
Total Check Amount
10/5/2006 72800
GRAPHICS UNITED
PRINT SVCS -NEWSLETTER 0014095
44000
3,342.76
$3,342.76
10/5/2006 1 72801 IGROUP DELTA CONSULTANTS PROF.SVCS-TRAIL ACCESS 1 2505310 1 R46415 1 8,750.001 $8,750.00
10/5/2006
72802
HALL & FOREMAN, INC.
PROF.SVCS-PLAN CHECK
0015551
45223
750.00
$8,619.79
10/5/2006
HALL & FOREMAN, INC.
PROF.SVCS-INSPECTION
0015510
R45227
3,000.00
10/5/2006
72806
HALL & FOREMAN, INC.
ADMIN FEE -EN 06-515
001
34650
-75.00
$20.00
10/5/2006
HALL & FOREMAN, INC.
PROF.SVCS-PLAN CHECK
0015551
45223
437.25
10/5/2006
72807
HALL & FOREMAN, INC.
PROF.SVCS-PLAN CHECK
0015551
45223
752.95
$4,551.75
10/5/2006
HALL & FOREMAN, INC.
ADMIN FEE -EN 06-518
001
23012
135.30
10/5/2006
72808
HALL & FOREMAN. INC.
ADMIN FEE -FN 06-518
nn1
w;rin
_1q9; In
$75.00
10/5/2006
HALL & FOREMAN, INC.
ADMIN FEE -EN 06-515
001
23012
75.00
10/5/2006
72609
HALL & FOREMAN, INC.
PROF.SVCS-EN 06-518
001
23012
541.20
$65.00
10/5/2006
HALL & FOREMAN, INC.
PROF.SVCS-PLAN CHECK
0015551
R45223
490.82
10/5/2006
72810
HALL & FOREMAN, INC.
PROF.SVCS-PLAN CHECK
0015551
R45223
2,347.57
$150.00
10/5/2006 1
IHALL
& FOREMAN, INC.
PROF.SVCS-PLAN CHECK
001 1
23012 1
300.00
10/5/2006 72803 IHIRSCH PIPE AND SUPPLY INC MAINT-PAUL GROW PK 0015340 1 42210 128.39 $128.39
10/5/2006
72804
INLAND VALLEY DAILY BULLETIN
LEGAL AD -ELECTION
0014030
42390
81.60
$367.20
10/5/2006
INLAND VALLEY DAILY BULLETIN
LEGAL AD -FPL 2002-63
001
1 23010
285.60
10/5/2006 1
72805
JAY BHARAT FOODS INC
SUPPLIES -SR CLUB
1255215
41200
700.001
$700.00
10/5/2006 1
72806
1JEANNIE JIMINEZ
IRECREATION REFUND
001
34780
20.00
$20.00
10/5/2006 1
72807
IKIMLEY HORN AND ASSOCIATES INC
IREHAB PROJ-PROSPECTORS
2505510
1 R46411
4,551,751
$4,551.75
10/5/2006
72808
ICLAUDE KO
IRECREATION REFUND
001
1 34730 1
75.001
$75.00
10/5/2006 1
72609
ICONNIE KWAN
IRECREATION REFUND
001
34780 1
65.001
$65.00
10/5/2006
72810
ICITY OF LA VERNE
PRKG CITE HRGS-SEPT
1 0014411
1 45405 1
150.001
$150.00
10/5/2006
72811
ILANGUAGE LINK
TRANSLATION SVCS -ELECTION
1 0014030
1 44000 1
55.00
$55.00
10/5/2006
72812
JHAENG LEE
1PK REFUND -DBC
001
23002
100.001
$100.00
Page 13
Check Date I Check N
City of Diamond Bar - Check Register 09/28/06-10/12/06
vendor Name I Transaction Description Fund/ Dept I Acct # Amount Total Check Amount
10/512006 72813 IJOYCE LEE REIMB-CASQA CONF 1155515 1 42330 1 483,311 $483.31
10/5/2006
72814
LEIGHTON & ASSOCIATES, INC.
ADMIN FEE -EN 04-422
001
34650
-121.14
$1,578.50
10/5/2006
72816
LEIGHTON & ASSOCIATES, INC.
PROF.SVCS-EN 04-422
001
23012
673.00
$176.40
10/5/2006
72817
LEIGHTON & ASSOCIATES, INC.
PROF.SVCS-EN 03-397
001
23012
724.50
$7,500.00
10/5/2006
72818
LEIGHTON & ASSOCIATES, INC.
ADMIN FEE -EN 03-397
001
23012
130.41
$400.00
10/5/2006
72825
LEIGHTON & ASSOCIATES, INC.
ADMIN FEE -EN 03-397
001
34650
-130.41
$28,913.50
10/5/2006
LEIGHTON & ASSOCIATES, INC.
ADMIN FEE -EN 04-422
001
23012
121.14
10/5/2006
LEIGHTON & ASSOCIATES, INC.
PROF.SVCS-EN 06-515
001
23012
181.00
10/5/2006
LEIGHTON & ASSOCIATES, INC.
ADMIN FEE -EN 06-515
001
23012
32.58
10/5/2"006
ILEiGH
I ON & ASSUGIATES, INC. JADMIN
FEE -EN 06-515 I
001 I
34650 I
-32.581
10/5/2006
72815
IHERMAN LEUNG
IRECREATION REFUND
1 001
1 34780
52.00
$52.00
10/5/2006
72816
ILIGHTING RESOURCES LLC
IRECYCLING SVCS -BATTERIES
11155515
1 44000
176.40
$176.40
10/5/2006
72817
ILOS ANGELES COUNTY PUBLIC WORKS
ITRAFFIC MAINT-JUUAUG
1 0015554
1 45507
1,086.321$1,086.32
$7,500.00
10/5/2006
72818
IMARIA MANALO
JPK REFUND -DBC
1 001 1
36615
400.001
$400.00
10!5/2006
72819
MARTHA MEDELLIN
PK REFUND -DBC
001
23002
550.00
$516.00
10/5/2006
72822
MARTHA MEDELLIN
PROPERTY DAMAGE
001
36615
-34.00
$59.00
10/5/2006
72820
METROLINK
MEMO CREDIT -SEPT 06
1125553
45535
-6,555.05
$67,430.70
10/5/2006
72822
METROLINK
CITY SUBSIDY -SEPT 06
1125553
45533
15,315.74
$59.00
10/5/2006
72823
METROLINK
METROLINK PASSES -SEPT 06
1125553
45535
58,670.01
$7,500.00
10/5/2006 1
72821
JHUALING MIAO
IRECREATION REFUND
1 001
1 34780 1
95.001
$95.00
10/5/2006
72822
PATRICIA MORALES
RECREATION REFUND
001
34780 1
59.001
$59.00
10/5/2006
72823
IMUNI FINANCIAL
PROF.SVCS-DB LIBRARY
0014030
R44000
7,500.001
$7,500.00
10/5!2006
72824
MUNICIPAL ENGINEERING RESOURCES
ICONSULTING SVCS -SEPT
0015510
R45221
2,167.501$2,167.50
10/5/2006
72825
INORRIS REPKE INC
ISLURRY SEAL PROJ-AREA 2
2505510
R46411
17,270.00
$28,913.50
Page 14
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept Acct #
Amount Total Check Amount
10/5/2006
72825...
NORRIS REPKE INC
ENGINEERING SVCS -AUG
0015510 45221
11,643.50 $28,913.50 ...
10/5/2006 1
72826
ISONIA NUESSE
RECREATION REFUND
1 001
36615 1
400.00
$400.00
10/5/2006
OLYMPIC STAFFING SERVICES
TEMP SVCS -WK 9/15
0015510
1 44000
926.80
10/5/2006 1
72827
IBRIAN OLSEN
PK REFUND -DBC
001
23002
550.001
$550.00
10/5/2006
72828
JOLYMPIC PACKAGING CO INC
SUPPLIES -COMM SVCS
0015350
1 41200
107.171
$107.17
10/5/2006
72829
OLYMPIC STAFFING SERVICES
TEMP SVCS -WK 9/15
0015210
1 44000
1 158.88
$1,085.68
10/5/2006
OLYMPIC STAFFING SERVICES
TEMP SVCS -WK 9/15
0015510
1 44000
926.80
10/5/2006 7283n PAETEc rrnfAFAl lnlli;ATInKIS lNC
s i ILOPJG DIST SVV0-9l22- IU/21 U014U90 42125 $869.69
10/5/2006 72831 PARTITION SPECIALITES INC MAINT-DBC 0015333 42210 730.00 $730.00
10/5/2006 72832 KANU PATEL PK REFUND -DBC 001 23002 350.00 $350.00
10/5/2006
72833
NEHA PATEL
INEHA
PK REFUND -DBC
001
23002
700.00
$666.00
10/5/2006
PATEL
PROPERTY DAMAGE
001
36615
-34.00
10/5/2006
72834
PERS RETIREMENT FUND
RETIRE CONTR-EE
001
21109
8,051.57
$20,805.46
10/5/2006
PERS RETIREMENT FUND
SURVIVOR BENEFIT
001
21109
42.78
10/5/2006
72836
PERS RETIREMENT FUND
RETIRE CONTRIB-ER
001
21109
12,711.11
$5.00
10/512006
72835
ITAI PHUNGPK
REFUND -DBC
1 001
23002 1
500.001
$500.00
10/5/2006
IR F DICKSON COMPANY
IST SWEEPING SVCS -AUG 06
0015554
45501
1
9,323.44
10/5/2006
72836
IR & D BLUEPRINT
PRINT SVCS -FPL 2006-225
1 001
1 23010 1
5.00
$5.00
10/5/2006
72837
1
R F DICKSON COMPANY
ST SWEEPING SVCS -SEPT
0015554
45501
9,323.44
$18,646.88
10/5/2006
IR F DICKSON COMPANY
IST SWEEPING SVCS -AUG 06
0015554
45501
1
9,323.44
10/5/2006
72838
RUDY RUDIANTO
RECREATION REFUND
1 001
34780 1
30.00
$30.00
10/5/2006
SASAKI TRANSPORTATION SVCS.
ENG SVCS-LEMON/SR57-SR60
0015554
44520
1
621.00
10/5/2006
72839
NUALA RYAN
IRECREATION REFUND
1 001
1 34780 1
25.00
$25.00
10/5/2006
72840
ISASAKI TRANSPORTATION SVCS.
ENG SVCS-GRAND/SR57-SR60
0015554
44520
1,484.00
$2,755.00
10/5/2006
SASAKI TRANSPORTATION SVCS.
ENG SVCS-LEMON/SR57-SR60
0015554
44520
1
621.00
Page 15
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date
Check Number
Vendor Name
Transaction Description Fund/ Dept
Acct #
Amount
Total Check Amount
10/5/2006
72840...
SASAKI TRANSPORTATION SVCS.
ENG SVCS-LEMON/SR57-SR60 0015554
44520
650.00
$2,755.00 ...
10/5/2006 1
72841
ISCHORR METALS INC
MAINT-REAGAN PK
0015340
1 42210 1
66.651
$66.65
10/512006
SIMPSON ADVERTISING INC
GRAPHIC DESIGN SVCS -OCT
0014095
44000
1 1,100.00
10/5/2006 1
72842
JSCMAF
JSCMAF MTG-COMM SVCS STAFF
0015350
1 42325 1
155.00
$155.00
10/5/2006 1
72843
SECTRAN SECURITY INC.
COURIER SVCS -OCT 06
1 0014090
1 44000 1
294.321
$294.32
1015/2006
72844
SIMPSON ADVERTISING INC
PHOTOGRAPHY SVCS -SEPT
0014095
R44000
1 431.00
$1,531.00
10/512006
SIMPSON ADVERTISING INC
GRAPHIC DESIGN SVCS -OCT
0014095
44000
1 1,100.00
1u/5/2uu6
72845
ISO COAST AIR QUALITY Y MG I UIS T RIC I
LEASE -CITY HALL OCT
0014090
1 42140
21,204.75
$21,204.75
10/5/2006
ISOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
1 42126
716.06
10/5/2006 1
72846
1JENNIFER SO
IRECREATION REFUND
1 001
1 34780 1
95.00
$95.00
10/5/2006
72847
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
128.47
$844.53
10/5/2006
ISOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
1 42126
716.06
10/5/2006 1
72848
ISTATE DUSBURSEMENT UNIT
SLRY ATTCHMENT-BY0426064
001
121114 1
100.00
$100.00
10/5/2006
TRUGREEN LANDCARE
C/WIDE MAINT-DIST 39 AUG
1395539
45500
11,103.20
10/5/2006 1
72849
ISUSAN W CASE INC
PROF.SVCS-ANNEXATION
1 0015210
1 44220 1
1,000.00
$1,000.00
10/5/2006 1
72850
ITARGET CORPORATION
REFUND -TSR 2006-08
1 001
1 34430 1
200.001
$200.00
10/5/2006 1
72851
ITHE KOREA TIMES INC
AD -ELECTION
1 0014030
1 42390 1
359.001
$359.00
10/5/2006 1
72852
ITHE KOSMONT COMPANIES
ICONSULTANT SVCS -AUG 06
1 0015240
R44000
1,312.501
$1,312.50
10/5/2006 1
72853
ITHE TRAINING CAMP INC
TRNG-K DESFORGES
1 0014070
1 42340 1
3,000.001
$3,000.00
10/5/2006 1
72854
ITHOMSON WEST
PUBLICATIONS -CITY MANAGER
1 0014030
1 42320 1
162.401
$162.40
10/5/2006 1
72855
ITIME WARNER
MODEM SVCS -COUNCIL
1 0014010
1 42130 1
46.951
$46.95
10/512006
72856
TRUGREEN LANDCARE
ADDL MAINT-SYC CYN PK
2505310
46415
3,560.00
$35,069.82
10/5/2006
TRUGREEN LANDCARE
C/WIDE MAINT-DIST 39 AUG
1395539
45500
11,103.20
10/5/2006
TRUGREEN LANDCARE
C/WIDE MAINT-DIST 41 AUG
1415541
45500
3,495.77
Page 16
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
10/5/2006
72856...
TRUGREEN LANDCARE
ADDL MAINT-DIST 41
1415541
42210
159.88
$35,069.82 ...
1015/2006
I
TRUGREEN LANDCARE
C/WIDE MAINT-PARKS AUG
0015340
45300
7,995.00
$95.00
10/5/2006
TRUGREEN LANDCARE
C/WIDE MAINT-DIST 38 AUG
1385538
45500
5,717.88
10/5/2006
TRUGREEN LANDCARE
ADDL MAINT-HERITAGE PK
0015340
42210
2,000.00
10/5/2006
TRUGREEN LANDCARE
ADDL MAINT-PARKS
0015340
42210
150.71
10/5/2006
TRUGREEN LANDCARE
ADDL MAINT-DIST 38
1385538 1
42210
887.38
10/5/2006 1 72857 IVANTAGEPOINT TRNSFR AGNTS-303248 10/06/06-P/R DEDUCTIONS 1 001 1 21108 1 26,921.621 $26,921.62
10/5/2006
1 728511
VERIZON CALIFORNIA
PH.SVCS-REAGAN
0015340
1
1 42125
1 89.91
$493.67
10/5/2006
VERIZON CALIFORNIA
PH.SVCS-DBC
0015333
42125
90116
1015/2006
I
�VERIZON CALIFORNIA
PH.SVCS-DBC
IPH.SVCS-MAPLE
0015333
I
42125
I
I 289.91)
$95.00
10!5/2006
VERIZON CALIFORNIA
HILL
0015340
42125
135.80
10/5/2006
72859
VERIZON WIRELESS -LA
CELL CHRGS-DESFORGES
0014070
42125
60.43
$301.76
10/5/2006
VERIZON WIRELESS -LA
CELL CHRGS-AZIZ
0014070
42125
60.43
10/5/2006
72861
VERIZON WIRELESS -LA
CELL CRHGS-GENERAL
0014090
42125
0.10
$95.00
10/5/2006
VERIZON WIRELESS -LA
CELL CHRGS-CMGR
0014030
42125
135.80
10/512006
VERIZON WIRELESS -LA
CELL CHRGS-EOC
0014440
42125
44.90
10/5/2006
VERIZON WIRELESS -LA
CELL CHRGS-EOC
0014090
142125
0.10
10/5/2006 1
72860
IVISION INTERNET PROVIDERS INC
IWEB HOSTING -SEPT 06
1 0014070
1 44030 1
150.00
$150.00
10/5/2006
W.W. GRAINGER INC.
SUPPLIES -PARKS
0015340
42210
115.40
10/5/2006 1
72861
IQUEENIE VITUG
RECREATION REFUND
001
34780 1
95.001
$95.00
10/5/2006
72862
W.W. GRAINGER INC.
SUPPLIES -PARKS
0015340
42210
577.00
$692.40
10/5/2006
W.W. GRAINGER INC.
SUPPLIES -PARKS
0015340
42210
115.40
10/5/2006 1 72863 IWALNUT VALLEY UNIFIED SCHOOL DIST IFACILITY RNTL-SEPT 06 1 0015350 1 42140 1 590.001 $590.00
10/5/2006
72864
WARREN SIECKE
INSP SVCS-D/B/GRAND
2505510
R46412
514.10
$6,987.50
10/5/2006
WARREN SIECKE
INSP SVCS-GLDN SPNGS/PRSP
2505510
R46412
514.10
10/512006
WARREN SIECKE
INSP SVCS-D/B/SHADOW
2505510
R46412
514.10
10/5/2006
WARREN SIECKE
INSP SVCS-D/D/MNT CYN
2505510
R46412
514.10
10/5/2006
WARREN SIECKE
INSP SVCS-D/B/HGLND VLY
2505510
R46412
514.10
10/5/2006
WARREN SIECKE
ENG SVCS-JUL 06
0015554
1 44520
1,205.50
Page 17
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
10/5/2006
72864...
WARREN SIECKE
ENG SVCS -AUG 06
0015554
44520
2,726.50
$6,987.50 ...
10/5/2006
72870
WARREN SIECKE
TRFFC SIGNAL-D/B/SNST XNG
2505510
R46412
97.00
$45.38
10/5/2006
WARREN SIECKE
TRFFC SIGNAL-D/B/N/B 57
2505510
R46412
97.00
10/5/2006
72871
WARREN SIECKE
TRFFC SIGNAL-D/B/CLD SPNG
2505510
R46412
97.00
$8,393.53
10/5/2006
WARREN SIECKE
TRFFC SIGNAL-PTHFNDR/P/HL
2505510
R46412
97.00
10/5/2006
72872
WARREN SIECKE
TRFFC SIGNAL-D/B/MAPLE HL
2505510
R46412
97.00
$181.86
10/5/2006 1 72865 GEORGE YAO REFUND -FPL 2004-76 1 001 1 23010 1 5,000.00 $5,000.00
10/5/2006
72866
ZUMAR INDUSTRIES INC
SUPPLIES -ROAD MAINT
0015554
1 41250 1
1,154.66
$1,246.10
10/5/2006
ZUMAR INDUSTRIES INC
SUPPLIES -ROAD MAINT
0015554
41250
91.44
10/12/2006 1 72867 A AMERICAN SELF STORAGE RENTAL -STORAGE REC 1 0014090 1 42140 1 232.00 $232.00
10/12/2006
72868
ACT GIS INC
GIS SVCS -WK 8130
0014070
44000
3,870.00
$15,505.00
10/12/2006
ACT GIS INC
GIS SVCS -WK 7127
0014070
44000
5,915.00
10/12/2006
72870
ACT GIS INC
GIS SVCS -WK 8129
0014070
44000
5,720.00
$45.38
10/12/2006 1
72869
1CORRINE ACUNA
IRECREATION REFUND
1 001
1 34780 1
25.001
$25.00
10/12/2006
1AT & T
IPH.SVCS-GENERAL
0014090
42125
1
1 23.83
10/12/2006 1
72870
JAIR PHOTO USA
COMP MAINT-I.T.
1 0014070
1 42205 1
45.381
$45.38
10/12/2006 1
72871
ALLIANT INSURANCE SERVICES INC
SPL EVENT INS-JUL-SEPT 06
1 001
1 23004 1
8,393.531
$8,393.53
10/12/2006 1
72872
JAMERICOMP GROUP INC
SUPPLIES -TONER
1 0014070
1 45000 1
181.86
$181.86
10/12/2006
72873
AT & T
PH.SVCS-GENERAL
0014090
42125
19.68
$43.51
10/12/2006
1AT & T
IPH.SVCS-GENERAL
0014090
42125
1
1 23.83
10/12/2006
72874
BEAR STATE AIR CONDITIONING SVCS IN
MAINT SVCS -DBC
0015333
45300
773.00
$1,013.00
10/12/2006
BEAR STATE AIR CONDITIONING SVCS IN
MAINT SVCS -HERITAGE
0015340
42210
155.00
10/12/2006
BEAR STATE AIR CONDITIONING SVCS IN
MAINT SVCS-PANTERA PK
0015340
42210
85.00
10/12/2006
72875
BEST LIGHTING PRODUCTS
MAINT-HERITAGE PARK
0015340
42210
118.58
$4,384.22
10/12/2006
BEST LIGHTING PRODUCTS
MAINT-HERITAGE PK
0015340
42210
4,265.64
10/12/2006 1 72876 ILAKSHMI BHUPATHIRAJU RECREATION REFUND 1 001 1 34780 1 65.00 $65.00
Page 18
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date
Check Number
Vendor Name
SUPPLIES -COMM SVCS
Transaction Description
41200
Fund/ Dept
Acct #
Amount
Total Check Amount
CATALINA BALLAST BULB COMPANY
SUPPLIES -DBC
0015333
41200
222.56
10/12/2006
10/12/2006
1 72877 IJOHN E BISHOP
CONTRACT CLASS -SUMMER
0015350 1
45320 1
42.00$42.00
$164.00
10/12/2006
72878
CATALINA BALLAST BULB COMPANY
SUPPLIES -COMM SVCS
0015350
41200
89.50
$388.38
10/12/2006
CATALINA BALLAST BULB COMPANY
SUPPLIES -DBC
0015333
41200
222.56
10/12/2006
72881
CATALINA BALLAST BULB COMPANY
SUPPLIES -DBC
0015333
41200
76.32
$164.00
10/12/2006
72879
CDW GOVERNMENT INC.
COMP EQ -HARDWARE
0014070
46230
6,610.83
$23,313.76
10/12/2006
CDW GOVERNMENT INC.
SUPPLIES-I.T.
0014070
41300
340.99
10/12/2006
72881
CDW GOVERNMENT INC.
COMP EQ -HARDWARE
0014070
46230
7,739.81
$164.00
10/12/2006
CDW GOVERNMENT INC.
COMP EQ -HARDWARE
0014070
46230
6,957.40
10/12/2006
72882
CDW GOVERNMENT INC.
SUPPLIES-I.T
0014070
41200
70.36
$108.33
10/12/2006
CDW GOVERNMENT INC.
COMP EQ -HARDWARE
0014070
46230
1,496.94
10/12/2006
72883
CDW GOVERNMENT INC.
SUPPLIES-I.T.
0014070
41200
97.43
$84.58
10/12/2006 1
72880
RIMA CHEBAT
RECREATION REFUND
001
1 34780 1
45.00
$45.00
10/12/2006
DIAMOND BAR HAND CAR WASH
CAR WASH-NGHBRHD IMP
0015230
42200
54.94
10/12/2006 1
72881
ICHINESE DAILY NEWS, INC
AD -ELECTION
1 0014030
1 42390 1
164.001
$164.00
10/12/2006
DIAMOND BAR HAND CAR WASH
CAR WASH -POOL VEH
0014090
42200
91.89
10/12/2006 1
72882
ICHINO HILLS FORD
EQ MAINT-CS VEH
1 0015310
1 42200 1
108.33
$108.33
10/12/2006 1
72883
ICOMLOCK SECURITY GROUP
SUPPLIES-REC
1 0015350
1 41200 1
84.581
$84.58
10/12/2006 1
72884
IVICTORIA CROSS
PROF SVCS-H/R WK 1015
1 0014060
1 44000 1
3,230.00
$3,230.00
10/12/2006 1
72885
DAVID EVANS AND ASSOCIATES INC
DESIGN SVCS-LORBEER
2505510
1 46420 1
2,220.00
$2,220.00
10/12/2006 1
72886
DAY & NITE COPY CENTER
PRINT SVCS -COMM SVCS
1 0015350
1 42110 1
526.641
$526.64
10/12/2006 1
72887
DELTA CARE PMI
OCT 06 -DENTAL PREMIUMS
1 001
1 21104 1
326.52
$326.52
10/12/2006 1
72888
IDENNIS CAROL
PROF.SVCS-SS/CC 10/3
1 0014030
1 44000 1
225.001
$225.00
10/12/2006
72889
DIAMOND BAR HAND CAR WASH
CAR WASH -ROAD MAINT
0015554
42200
25.00
$443.58
10/12/2006
DIAMOND BAR HAND CAR WASH
CAR WASH-NGHBRHD IMP
0015230
42200
54.94
10/12/2006
DIAMOND BAR HAND CAR WASH
CAR WASH-NGHBRHD IMP
0015230
42200
27.97
10/12/2006
DIAMOND BAR HAND CAR WASH
CAR WASH -POOL VEH
0014090
42200
91.89
Page 19
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
10/12/2006
72889...
DIAMOND BAR HAND CAR WASH
CAR WASH -COMM SVCS
0015310
42200
38.96
$443.58
10/12/2006
$205.03
DIAMOND BAR HAND CAR WASH
CAR WASH -POOL VEH
0014090
42200
98.84
...
10/12/2006
$65.00
DIAMOND BAR HAND CAR WASH
CAR WASH -COMM SVCS
0015310
42200
71.99
42205 I
10/12/2006
$8 951 92
DIAMOND BAR HAND CAR WASH
CAR WASH -ROAD MAINT
0015554
42200
33.99
0015310
10/12/2006
72890
IDIAMOND BAR INTERNATIONAL DELI
JMTG SUPPLIES -RECREATION
0015350
41200
27.11
$105 7
siva io
$27.11
10/12/2006
72891
IDIAMOND BAR MOBIL
JEQ MAINT-POOL VEH
0014090
42200
205.03
$25.00
$205.03
10/12/2006
72892
IDOLORES EKMEKJIAN
IRECREATION REFUND
001
34780 1
65.00
$65.00
10112/2006
L �
72803
-- !NIC
I"" R! " "•"
IESh(I MAIN I -SOF I WAKE
I 0014070 I
42205 I
8,951.921
$8 951 92
10/12/2006 72894 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 1385538 45500 3,216.34 $3,671.74
10/12/2006 1EXCELLANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 455.40
10/12/2006 I
72895
IFEDEX
EXPRESS MAIL -GENERAL
nnldnOn
1 42125
105.761
$105 7
siva io
10/12/2006
72896
JJANYA FLORES
IRECREATION REFUND-----
1 001
34780
.
25-0—OT
SUPPLIES -DBC
$25.00
10/12/2006
10/12/2006
10/1212006
72897
GOVIS LLC
GOVIS LLC
GOVIS LLC
TRACKING SOFTWARE-I.T.
TRACKING SOFTWARE-I.T.
TRACKING SOFTWARE-I.T.
0014070
0014070
0014070
44000
44000
44000
1,220.91
212.50
680.00
c
850.00
$2,113.41
1 0/1 212 00 6 I
72898
JGOVPARTNER
REQUEST PARTNER SVCS -OCT
1185098
ddn9rl
85n nn
c
850.00
10/12/2006
72899
GRAND MOBIL
EQ MAINT-NGHBRHD IMP VEH
0015230
1 42200 1
721.83
SUPPLIES -DBC
$721.83
10/12/2006
72900
GRAYBAR
SUPPLIES-I.T.
0014070
1 41200 1
10.901
HOME DEPOT CREDIT SERVICES
.90
10/12/2006
72901
JHEWLETT PACKARD COMPANY
JEQ MAINT-SERVERS
1 0014070 1
46230 1
30,211.75
10/12/2006
$30,211.75
10/12/2006
72902
HOME DEPOT CREDIT SERVICES
SUPPLIES -PARKS
0015340
42210
67.77
$153.60
10/12/2006
HOME DEPOT CREDIT SERVICES
SUPPLIES -DBC
0015333
41200
58.40
10/12/2006
HOME DEPOT CREDIT SERVICES
SUPPLIES -DBC
0015333
41200
6.48
10/12/2006
HOME DEPOT CREDIT SERVICES
SUPPLIES -COMM SVCS
0015310
42200
20.95
Page 20
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
10/12/2006 72903
INTEGRA REALTY RESOURCES
PROF.SVCS-EASEMENTS
0014090
44000
5,000.00
$5,000.00
10/12/2006
72904
1INTERNATIONAL PROTECTIVE SVCS INC.
ICROSSING GUARD SVCS -SEPT
0014411
45410
9,549.93
$9,549.93
10/12/2006
72905
IJACK TANAKA
REIMB-LEAGUE CONF
0014030
42330 1
142.15
$142.15
10/12/2006
72906
JENKINS & HOGIN, LLP
LEGAL SVCS -SCE
0014020
44021
2,029.20
$28,500.79
10112/2006
JENKINS & HOGIN, LLP
LEGAL SVCS -FINANCE DEPT
0014020
44020
66.40
$1,906.36
10/12/2006
72910
JENKINS & HOGIN, LLP
LEGAL SVCS-AERA ENERGY
0014020
44021
448.20
$55.00
10/12/2006
72911
JENKINS & HOGIN, LLP
LEGAL SVCS-P/WORKS AUG
0014020
44020
215.80
$35.00
10/12/2006
72912
JENKINS & HOGIN, LLP
LEGAL SVCS -LIBRARY AUG
0014020
44020
21.60
$35.00
10%12'2008
72913
JEIVKINJ & NUUN, LLF'
LEGAL SVCS -SCRIBBLES
0014020
44021
14,713.79
$100.00
10/12/2006
JENKINS & HOGIN, LLP
LEGAL SVCS -AUG 06
0014020
44020
5,527.80
10/12/2006
JENKINS & HOGIN, LLP
LEGAL SVCS -COM DEV AUG
0014020
44020
5,428.20
10/12/2006
JENKINS & HOGIN, LLP
LEGAL SVCS -COMM SVCS
0014020
44020
49.80
10/12/2006
72907
KENS HARDWARE
SUPPLIES -PARKS
0015340
42210
572.47
$633.37
10/12/2006
72909
KENS HARDWARE
SUPPLIES -DBC
0015333
41200
60.90
$1,906.36
10/12/2006 1
72908
1JENNIE KIM
RECREATION REFUND
001
1 34780
80 nn
m
80.
10/12/2006
72909
ILANTERMAN DEV CENTER/COMM INDUSTRIE
PARKWAY MAINT-SEPT 06
0015558
1 45503
1,906.361
$1,906.36
10/12/2006
72910
IDOUGLAS LASKO
RECREATION REFUND
001
3478055.00
2,387.70
$55.00
10/12/2006
72911
ILEAGUE OF CALIFORNIA CITIES
MEMBERSHIP MTG-COUNCIL
0014010
42325
35.001
$35.00
10/12/2006 1
72912
ILEAGUE OF CALIFORNIA CITIES
IMEMBERSHIP MTG-COUNCIL
0014010
42325
35.00
$35.00
10/12/2006
72913
ILIEBERT CASSIDY WHITMORE
LEGAL SVCS -JULY 06
0014060
44021
100.00
$100.00
10/12/2006
72914
LOS ANGELES COUNTY MTA
CITY SUBSIDY -OCT 06
1125553
45,933
674.00
$2,518.00
10/12/2006
1
LOS ANGELES COUNTY MTA
MTA PASSES -OCT 06
1125553
1 45535
1 1,844.00
10/12/2006
72915
LOS ANGELES COUNTY PUBLIC WORKSJPSSROF.SVCS-PLAN
UMP PUMP MAINT-JUUAUG
0015340
42210
676.16
$3,102.86
10/12/2006
LOS ANGELES COUNTY PUBLIC WORKS
EWER LINE SVCS-SYC CYN
0015340
45300
39.00
10/12/2006
LOS ANGELES COUNTY PUBLIC WORKS
CHECK
0015510
45530
2,387.70
Page 21
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount
10/12/2006
72916
MACADEE ELECTRICAL CONSTRUCTION
CONSTRCTN-D/B/MAPLE HLL
2505510
R46412
1,795.74
$59,857.70
10/12/2006
MACADEE ELECTRICAL CONSTRUCTION
CONSTRCTN-D/B/C/SPRINGS
2505510
R46412
17,358.74
10/12/2006
72918
MACADEE ELECTRICAL CONSTRUCTION
CONSTRCTN-PTHFNDR/P/HLL
2505510
R46412
20,950.20
$7,698.62
10/12/2006
MACADEE ELECTRICAL CONSTRUCTION
CONSTRCTN-D/B/57 NB RAMP
2505510
R46412
17,358.71
10/12/2006
72919
MACADEE ELECTRICAL CONSTRUCTION
CONSTRCTN-D/B/SNST XING
2505510
R46412
2,394.31
$37,500.001
10/12/2006 1
72917
MANAGED HEALTH NETWORK
JOCT 06 -PREMIUM
1 0014060
1 42346 1
144.72
$144.72
10/12/2006
IORKIN PEST CONTROL INC
GOPHER CONTRL-B/CYN RD
1385538
1 42210
1 55.00
10/12/2006 1
72918
IMCE CORPORATION
VEGETATION CNTRL-AUG 06
1 0015558
1 45508 1
7,698.621
$7,698.62
10/12/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
43.53
10/12/2006 j
72919
(MUNICIPAL SOFTWARE CORPORATION
IDEVELOPMENT SVCS-I.T.
1 0014070
1 46235 I
37,500.001
$37,500.001
10/1212006
72920
ORKIN PEST CONTROL INC
GOPHER CONTRL-B/CYN RD
1385538
42210
55.00
$110.00
10/12/2006
IORKIN PEST CONTROL INC
GOPHER CONTRL-B/CYN RD
1385538
1 42210
1 55.00
10/12/2006 1
72921
IPEACE PARTNERS INC
TRNG-DAY CAMP
1 0015350
1 45300 1
8,437.50
$8,437.50
10/12/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 39
1395539
42126
267.36
10/12/2006 1
72922
IPOMONA JUDICIAL DISTRICT
IPARKING CITATION FEES -AUG
1 001
1 32230 1
1,605.00
$1,605.00
10/12/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
43.53
10/12/2006 1
72923
IPURKISS ROSE RSI
IDESIGN SVCS -PAUL GROW ADA
2505310
1 R46415 1
500.001
$500.00
10/12/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 38
1385538
42126
26.47
10/12/2006 1
72924
IREGIONAL CHAMBER OF COMMERCE
MTG-COUNCIL
1 0014010
1 42325 1
10.001
$10.00
10/12/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
50.74
10/12/2006 1
72925
IREGIONAL CHAMBER OF COMMERCE
ICOMM ORG T SPNSR
10114010
1 42355 1
125.00
$125.00
10/12/2006
72926
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 38
1385538
42126
310.93
$7,133.54
10/12/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 39
1395539
42126
267.36
10/12/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
223.06
10/12/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
43.53
10/12/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
72.04
10/12/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 38
1385538
42126
26.47
10/12/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
43.53
10/12/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
50.74
10/12/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
49.67
10/12/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
308.00
10/12/2006
SOUTHERN CALIFORNIA EDISON
JELECT SVCS -TRAFFIC CONTRL
0015510
1 42126
1 32.60
Page 22
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
10/12/2006
72926...
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
21.74
$7,133.54 ...
10/12/2006
72928
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 41
1415541
42126
139.82
$533.06
10/1212006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -PARKS
0015340
42126
5,544.05
10/12/2006 1
72927
ISUNSHINE SENIORS
ICOM SUP-NYR'S EVT
0114010
1 42355 1
700.00
$700.00
1011212006
1
THE COMIDYN GROUP INC
CONSULTING SVCS -AUG
0014070
44000
975,
10/12/2006
72928
TELEPACIFIC COMMUNICATIONS
IT1 INTERNET SVCS -OCT 06
1 0014070
1 44030 1
533.061
$533.06
10/12/2006
VALLEY CREST LANDSCAPE MAINT INC
ADDL MAINT-PANTERA PK
0015340
42210
900.00
10/12/2006
72929
ITENNIS ANYONE
ICONTRACT CLASS -FALL
1 0015350
1 45320 1
5,098.80
$5,098.80
10/12/2006
1 72930
THE COMDYN GROUP INC
CONSULTING SVCS -SEPT 06
0014070
1 44000
1 750.001
$3,000.00
1011212006
1
THE COMIDYN GROUP INC
CONSULTING SVCS -AUG
0014070
44000
975,
10/1212006
I ITHE
COMDYN GROUP INC
(CONSULTING SVCS -SE T06
I 0014070
I 44000
� 1,275.00
(
10/12/2006 1
72931
ITOSHIBA BUSINESS SOLUTIONS
COPIER SVCS -DBC
1 0015333
1 42200 1
49.171
$49.17
10/12/2006
1
JUS
US HEALTHWORKS MEDICAL GROUP PC
PRE-EMPLOYMENT PHYSICALS
0014060
42345
1
1 26.00
10/12/2006 1
72932
ITRUGREENLANDCARE
ADDL MAINT-DIST 41
1 1415541
1 42210 1
1,000.00
$1,000.00
10/12/2006
72933
HEALTHWORKS MEDICAL GROUP PC
PRE-EMPLOYMENT PHYSICALS
0014060
42345
84.00
$110.00
10/12/2006
1
JUS
US HEALTHWORKS MEDICAL GROUP PC
PRE-EMPLOYMENT PHYSICALS
0014060
42345
1
1 26.00
10/12/2006
72934
VALLEY CREST LANDSCAPE MAINT INC
MAINT-LORBEER SCH JUUAUG
0015340
46410
41,254.00
$45,415.54
10/12/2006
VALLEY CREST LANDSCAPE MAINT INC
ADDL MAINT-PANTERA PK
0015340
42210
1,000.00
10/12/2006
VALLEY CREST LANDSCAPE MAINT INC
ADDL MAINT-PANTERA PK
0015340
42210
1,200.00
10/12/2006
VALLEY CREST LANDSCAPE MAINT INC
ADDL MAINT-PANTERA PK
0015340
42210
900.00
10/12/2006
VALLEY CREST LANDSCAPE MAINT INC
ADDL MAINT-SUMMITRIDGE
0015340
42210
261.54
10/12/2006 1
IVALLEY CREST LANDSCAPE MAINT INC
ADDL MAINT-PETERSON PK
1 0015340
1 42210
1 800.00
10/12/2006 1 72935 IVANGUARD VAULTS LA INC DATA STORAGE SVCS -OCT 06 1 0014070 1 45000 1 550.001 $550.00
10/12/2006
72936
VERIZON CALIFORNIA
PH.SVCS-HERITAGE PK
0015340
42125
41.99
$773.67
10/12/2006
VERIZON CALIFORNIA
PH.SVCS-HERITAGE PK
0015340
42125
23.96
10/12/2006
VERIZON CALIFORNIA
PH.SVCS-PETERSON PK
0015340
42125
91.37
10/12/2006
VERIZON CALIFORNIA
PH.SVCS-GENERAL
0014090
42125
586.61
10/12/2006
VERIZON CALIFORNIA
PH.SVCS-GENERAL
0014090
42125
29.74
Page 23
City of Diamond Bar - Check Register 09/28/06-10/12/06
Check Date Check Number
10/12/2006 72937
10/12/2006
10/12/2006
10/12/2006
10/12/2006
10/12/2006
10/12/2006
10/12/2006
10/12/2006
10/12/2006
10/12/2006
10/12/2006
72938
Vendor Name Transaction Description IFund/ DeptAcct # I Amount I Total Check
COMMUNICATION CO RADIOS -DBC STAFF 0015333 46250 I 1,238.641 $1,238.64
WARREN SIECKE
TRFFC SIGNAL-PTHFNDR/P/HL
2505510
R46412
135.80
$7,345.50
WARREN SIECKE
INSPECTN SVCS-D/B/M/LAURL
2505510
R46412
814.80
72940
WARREN SIECKE
INSPECTN SVCS-D/B/HNLLY
2505510
R46412
814.80
WARREN SIECKE
INSPECTN SVCS-D/B/GRAND
2505510
R46412
814.80
WARREN SIECKE
TRFFC SIGNAL-D/B/C/SPNGS
2505510
R46412
135.80
PK REFUND -HERITAGE PK
AN SVCS-P/C.CC MTG
WARREN SIECKE
ENG SVCS -SEPT 06
0015554
44520
2,592.50
WARREN SIECKE
INSPECTN SVCS-B/CYN/S/BLT
2505510
R46412
814.80
WARREN SIECKE
TRFFC SIGNAL-D/B/MAPLE HL
2505510
R46412
135.80
42130
42130
41200
42140
13.25 $43.90
13.25
17.40
60,744.25 $60,744.25
__ """'
25n551n
846412
135.80
WARREN SIECKE
T RFFC SivivAL-DIB/JIVU i ni+v
WARREN SIECKE
TRFFC SIGNAL-D/B/N/B 57
2505510
R46412
135.80
WARREN SIECKE
INSPECTN SVCS-G/SPNG/PCTR
2505510
846412
814.80
$1,514,903.77
Page 24
WAXIE SANITARY SUPPLY
WAXIE SANITARY SUPPLY
WAXIE SANITARY SUPPLY
WAXIE SANITARY SUPPLY
SUPPLIES -HERITAGE PK
SUPPLIES -DBC
SUPPLIES -DBC
SUPPLIES -HERITAGE PK
0015340
0015333
0015333
0015340
42210
41200
41200
42210
97.08
372.29
25.35
302.55
$797.27
10/12/2006
10/12/2006
10/12/2006
10/12/2006
72939
10/12/2006
1 0/1 212 006
10/12/2006
72940
WELLS FARGO BANK
WELLS FARGO BANK
WELLS FARGO BANK
HR-MTG SUPPLIES
DB4YOUTH-MTG SUPPLIES
CS -SUPPLIES
0014060
0015350
0015350
42325
41200
41200
97.94
47.63
171.98
$317.55
10/12/2006
10/12/2006
72941
72942
YOLANDA WISNER
PAUL WRIGHT
PK REFUND -HERITAGE PK
AN SVCS-P/C.CC MTG
001
0014090
23002
1 44000
195.00
280.00
$195.00
$280.00
10/12/2006
10/12/2006
10112/2006
9/28/2006
72943
WT #13
YOSEMITE WATER
YOSEMITE WATER
YOSEMITE WATER
JUNION BANK OF CALIFORNIA, NA
EQ RENTAL -AUG 06
EQ RENTAL -SEPT 06
SUPPLIES -WATER SYC CYN
DBC -LEASE PYMT OCT 06
0015310
0015310
0015310
0014090
42130
42130
41200
42140
13.25 $43.90
13.25
17.40
60,744.25 $60,744.25
$1,514,903.77
Page 24
CITY COUNCIL
Agenda # 6.4
Meeting Date: October 17 2006
AGENDA REPORT
TO: Honorable Mayor and Members of e City Council
VIA: James DeStefano, City Man
TITLE: Second Reading by Title Only, Wai a Full Reading and Adoption of
Ordinance No. 08 (2006) — Ordinance Amending Procedural Provisions of
the Diamond Bar Transient Occupancy Tax Ordinance and Amending Title
3, Chapter 3.16 of the Diamond Bar Municipal Code
RECOMMENDATION:
It is recommended that the City Council approve second reading by title only and adopt
Ordinance No. 08 (2006) - Ordinance Amending Procedural Provisions of the Diamond
Bar Transient Occupancy Tax Ordinance and Amending Title 3, Chapter 3.16 of the
Diamond Bar Municipal Code.
FINANCIAL IMPACT:
None anticipated.
DISCUSSION:
At the October 3, 2006 City Council meeting the City Council approved the first reading
of Ordinance No. 08 (2006) which amends the City's Transient Occupancy Tax
Ordinance and amends the Diamond Bar Municipal Code accordingly. Upon approval
of the second reading, the amendment to the City's Municipal Code and changes to the
City's Transient Occupancy Tax requirements will become effective November16, 2006.
PREPARED BY:
Linda G. Magnuson
REVIEWED BY:
Depart ent Head
Attachments:
Ordinance No. 08 (2006)
Assistant City Manager
ORDINANCE NO: 08 (2006)
AN ORDINANCE OF THE CITY OF DIAMOND BAR
AMENDING PROCEDURAL PROVISIONS OF THE
DIAMOND BAR TRANSIENT OCCUPANCY TAX
ORDINANCE AND AMENDING TITLE 3, CHAPTER 3.16
OF THE DIAMOND BAR MUNICIPAL CODE
The City Council of the City of Diamond Bar does hereby ordain as follows:
Section 1. Section 3.16.070 of Title 3, Chapter 3.16 of the Diamond Bar Municipal
Code is amended to read:
"Every operator liable for the collection and payment to the city of any
tax imposed by this chapter shall keep and preserve, for not less than four
years, all records which may be necessary to determine the amount of
such tax for the collection of, and payment of, to the city he may be or may
become liable. The tax collector may inspect these records at any
reasonable time. The operator shall make such records available at any
reasonable time requested by the tax collector."
Section 2. Section 3.16.355 is added to Title 3, Chapter 3.16 of the Diamond Bar
Municipal Code to read:
Sec. 3.16.355. Change of Ownership --Tax Clearance Certificate.
A. Pursuant to Revenue and Taxation Code Section 7283.5, and as that
section may from time to time be amended, a purchaser, transferee, or
other person attempting to obtain ownership of a transient occupancy
facility, may request in writing from the tax collector the issuance of a
tax clearance certificate stating the amount of tax and any accrued
penalties and interest due and owing, if any.
B. The tax collector shall, within ninety days of the receipt of the written
request for a tax clearance certificate issue the tax clearance
certificate, or may conduct an audit of the subject transient occupancy
facility. Any such audit must be completed within ninety days after the
date the records of the subject transient occupancy facility have been
made available to the tax collector and a tax clearance certificate
issued within thirty days of the completion of the audit.
C. If following an audit the tax collector determines that the current
operator's records are insufficient to assess the amount of tax due and
owing, the tax collector shall, within thirty days of making that
determination, notify the prospective purchaser, transferee or other
person that a tax clearance certificate will not be issued.
D. If the tax collector does not comply with the request for a tax
clearance certificate, the purchaser, transferee or other person that
obtains ownership of the transient occupancy facility shall not be liable
for any transient occupancy tax obligation incurred prior to the date of
the purchase or transfer of the property.
E. The tax clearance certificate shall state the following:
1. The amount of tax, interest and penalties then due an owing;
2. The period of time for which the tax clearance certificate is valid;
and
3. That the purchaser, transferee, or other person may rely upon the
tax clearance certificate as conclusive evidence of the tax liability
associated with the property as of the date specified on the certificate.
F. Any purchaser, transferee, or other person who does not obtain a tax
clearance certificate under this section, or who obtains a tax clearance
certificate that indicates that tax is due and owing and fails to withhold,
for the benefit of the county, sufficient funds in the escrow account for
the purchase of the property to satisfy the transient tax liability, shall be
held liable for the amount of tax due and owing.
PASSED, APPROVED AND ADOPTED this day of 2006.
ATTEST:
Mayor
City Clerk
Agenda # h _ S
Meeting Date: October 17, 2006
CITY COUNCIL�rN NG�� AGENDA REPORT
TO: Honorable Mayor and MembF200
e City Council
VIA: James DeStefano, City Man
TITLE: ADOPTION OF RESOLUTI-XX, RECOGNIZING THE NATIONAL INCIDENT
MANAGEMENT SYSTEM (NIMS) AND ADOPTING NIMS PRINCIPLES INTO THE
CITY'S EMERGENCY MANAGEMENT SYSTEM
RECOMMENDATIONS:
It is recommended the Council adopt the resolution.
FISCAL IMPACT:
There is no fiscal impact related to the adoption of this resolution.
BACKGROUND I DISCUSSION:
The State of California has long been a pioneer in the development and implementation of
preparedness programs designed to respond to major natural and man-made disasters, including
earthquakes, fires, landslides, and in today's world, terrorism. Beginning in 1993, an effort to
standardize and streamline response and recovery procedure across multiple emergency
management organizations was begun. Known as the Standardized Emergency Management
System (SEMS), this program incorporates best response practices across local and state
emergency management platforms and has a system in place to ensure continual improvement of the
program.
The success of the SEMS program on California has led to the creation of the National Incident
Management System (NIMS), which provides a consistent nationwide standard for the effective
prevention, preparation, response, and recovery in emergencies. Implemented in the wake of the
terrorist attacks of September 11, 2001 by the President's Homeland Security Directive -5, NIMS
obligates local governments to incorporate the principles of NIMS into their emergency management
systems. In addition, cities must adopt NIMS to be eligible to apply for any Department of Homeland
Security grant funds.
The City's use of the California SEMS programs substantially meets the objectives of the NIMS, and
by adopting the attached resolution, the City ensures compliance to federal standards and continues
to improve disaster response preparedness in Diamond Bar.
Prepared by:
A _�-
Ryan McLean, Senior Management Analyst
Attachments:
1. Resolution 2006 -XX, Recognizing the National Incident Management System (NIMS) and
Adopting NIMS Principles Into 'The City's Emergency Management System.
RESOLUTION NO. 2006 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA
RECOGNIZING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AND ADOPTING
NIMS PRINCIPLES INTO THE CITY'S EMERGENCY MANAGEMENT SYSTEM
WHEREAS, the President of the United States, in Homeland Security Presidential Directive -5,
directed the Secretary of the Department of Homeland Security to develop and administer a National
Incident Management System (NIMS) that would provide a consistent nationwide approach for
federal, state, local and tribal governments to work together more effectively and efficiently to prevent,
prepare for, respond to, and recover from disasters, regardless of cause, size, or complexity; and
WHEREAS, California local and state government pioneered the development of
standardized incident management systems to respond to a variety of catastrophic disasters,
including fires, earthquakes, floods and landslides; and
WHEREAS, in the early 1970s, the California Fire Service, in partnership with the Federal
Government, developed the seminal emergency Incident Command System (ICS) that has become
the model for incident management nationwide; and
WHEREAS, in 1993, California was the first state to adopt a statewide Standardized
Emergency Management System (SEMS) for use by every emergency response organization, and
implemented a system to ensure the continual improvement of the Standardized Emergency
Management System; and
WHEREAS, California local and state emergency management professionals have
contributed their expertise to the development of the new National Incident Management System; and
WHEREAS, it is essential for disaster response that federal, state, local and tribal
organizations utilize standardized terminology, standardized organizational structures, interoperable
communications, consolidated action plans, unified command structures, uniform personnel
qualification standards, uniform standards for planning, training and exercising, comprehensive
resource management, and designated incident facilities during emergencies or disasters; and
WHEREAS, the City's utilization of the California Standardized Emergency Management
System substantially meets the objectives of the National Incident Management System; and
WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended
adoption of a standardized Incident Command System nationwide; and
WHEREAS, the Governor of the State of California in Executive Order S-2-05 directed the
State's Office of Emergency Services and Office of Homeland Security, in cooperation with the
Standardized Emergency Management System Advisory Board, to develop a program to integrate the
National Incident Management System, to the extent appropriate, into the state's emergency
management system; and
WHEREAS, local governments ,are obligated to follow suit and incorporate NIMS into their
emergency management systems.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The National Incident Management System is formally recognized and the
principles and policies of NIMS are adopted into the emergency management system of the
City of Diamond Bar.
SECTION 2. That the City Council of the City of Diamond Bar shall adopt the Resolution and
the City Clerk shall certify to the adoption.
PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF OCTOBER, 2006.
Carol Herrera, Mayor
I, Tommye Cribbins, 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 17th day of October, 2006, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Tommye Cribbins, City Clerk
City of Diamond Bar
Agenda # h _ ti
Meeting Date: October 17, 2006
CITY COUNCIL x� R���r AGENDA REPORT
19U9�
TO: Honorable Mayor and Member
A o the City Council
VIA: James DeStefano, City Manq(�q�
TITLE: APPROVAL OF LICENSE AGREE ENT WITH ROYAL STREET COMMUNICATIONS,
LLC TO DEVELOP A WIRELESS COMMUNICATION SITE AT PETERSON PARK
RECOMMENDATIONS:
It is recommended the Council approve the agreement for signature between the parties.
FISCAL IMPACT:
The City of Diamond Bar would receive a $2,000 per month license fee from Royal Street
Communications, LLC, for an annual total of $24,000 in revenue.
BACKGROUND / DISCUSSION:
Metro PCS/Royal Street Communications, LLC, has approached the City with a proposal to place a
wireless communications site at Peterson Park. To commence the first steps of the process, a
license agreement between Royal Street and the City must be approved by the Council. The
attached agreement has been reviewed and accepted by the City attorney and Royal Street
representatives. Royal Street will pay the City a monthly license fee of $2,000.
Royal Street has proposed the placernent of a wireless communication antenna on an existing City
park light pole located on the southern end of Peterson Park. This location already supports one
other similar antenna installed and operated by another entity. Royal Street's proposed site would
also include a small enclosure to house the electrical and equipment cabinets. These features will
require approval by the Planning Department.
Royal Street must submit a Conditional Use Permit application to the Planning Department for staff
review. Upon approval by the Council, the agreement will be forwarded to the appropriate City and
company representatives for signature. Once the agreements are executed by both parties, plans
and Conditional Use Permit application will be presented to the Planning Commission for review.
Please note that the exhibits/drawings included in the attached agreement are subject to change
based on Planning Department and Commission review, and have not yet been approved.
Prepared by:
�-- _
RyaKNcLean, Senior Management Analyst
Attachments:
1. License Agreement between the City of Diamond Bar and Royal Street Communications, LLC
to Develop a Wireless Communications Site at Peterson Park.
WIRELESS COMMIUNICATIONS SITE LICENSE AGREEMENT
THIS WIRELESS COMMUNICATIONS SITE LICENSE AGREEMENT (this "Agreement") is
entered into this day of 2006, by and between the CITY OF DIAMOND BAR, a
California municipal corporation ("Licensor" or "City"), and Royal Street Communications, LLC, a
Delaware limited liability company, (Licensee").
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows.
1. Premises.
a. Licensor owns the real property located in the City of Diamond Bar, County
of Los Angeles, which is more particularly described in Exhibit A-1 attached hereto and incorporated
herein by this reference ("Land"). Subject to the following terms and conditions, Licensor grants to
Licensee an exclusive right to use approximately 216 square feet of the Land, including applicable non-
exclusive easements for site access and utilities as described and/or shown in Exhibit A-2 attached
hereto and incorporated herein by this reference ("Premises"), to erect, maintain and operate the
Licensee's Facilities (as defined in Section 6(a) below).
b. Licensee acknowledge that Licensor will deliver the Premises in "as is"
condition, without warranty, express or implied, as to its condition or usability, except as otherwise
expressly set forth in this Agreement.
C. While Licensee's use of the Premises is exclusive, Licensee's use of the Land
is non-exclusive as more particularly s:t forth in Section 12(c) below.
2. Use. The Premises may be used by Licensee for any lawfully permitted and licensed
activity in connection with the provisions of mobile/wireless communications services, including the
transmission and the reception of radio communication signals on various frequencies and the
construction, maintenance, and operation of related communication facilities. Licensor agrees to
cooperate with Licensee, at Licensee's expense, in making application for and obtaining all licenses,
permits and any and all other necessary approvals that may be required for Licensee's intended use of
the Premises.
3. Conditions Precedent. This Agreement is conditioned upon Licensee receiving a
license from the Federal Communications Commission ("FCC") and obtaining all governmental permits
and approvals, including that of Licensor (collectively, the "Governmental Approvals"), enabling
Licensee to construct and operate the Licensee's Facilities where the Premises are located. If Licensee
do not receive all of the Governmental Approvals, or the Agreement is terminated in accordance with
Section 10 (a) (ii), this Agreement shall be null and void and of no force or effect and Licensee shall pay
Licensor One Thousand and 00/100 Dollars ($1,000.00) for reimbursement of costs of document
preparation and administration time associated with this Agreement.
4. Term. The term of this Agreement ("Term") shall be five (5) years commencing on
the first day of the month in which the; Licensee commence construction of the Licensee's Facilities on
the Premises, or eighteen (18) months after the parties have executed this Agreement, whichever is
earlier ("Commencement Date"). Licensee shall have the right to extend the Term of this Agreement for
five (5) additional terms ("Renewal Term") of five (5) years each. Each Renewal Term shall be on the
same terms and conditions as set forth herein. This Agreement shall automatically be extended for each
successive five (5) year Renewal Term unless Licensee notify Licensor in writing of their intention not
to extend this Agreement at least sixty (60) days prior to the expiration of the first five (5) year Term or
any Renewal Term. The Term and all Renewal Terms shall collectively be referred to hereafter as the
"License Term."
5. License Fee.
a. Within fifteen (15) business days after the Commencement Date and on the first
day of each month thereafter, each Licensee shall pay Licensor, as a fee for the use and occupancy of
the Premises, the sum of Two Thousand and 00/100 Dollars ($2,000.00) ("License Fee") per month.
The License Fee shall be payable on the first day of each month, in advance, to Licensor or Licensor's
payee as specified in Section 16, Notices. Payment shall be prorated for the final fractional month, if
any, of this Agreement, or if this Agreement is terminated before the expiration of any month for which
the Licensee Fee should have been paid.
b. Limited CPI Adjustment - The parties agree that the Annual Rent shall be adjusted
annually throughout the term of the Lease on each anniversary of the Effective Date (or the first day of the
month in which such anniversary occurs) beginning as of the first anniversary of the Effective Date by the
lesser of: (1) three percent (3 %) or (b) the percentage change in the most recent published Consumer Price
Index (1982-84=100) Urban Wage Earners and Clerical Workers - Los Angeles, Anaheim, Riverside
("Index") compared to the Index published twelve (12) months earlier. If the Index is discontinued or
changed so that it is impossible to obtain a continuous measurement of price changes, the Index shall be
replaced by a comparable government index.
6. Improvements.
a. During the License Term, Licensee have the right at its sole cost and expense to
construct, maintain and operate on the Premises radio communications facilities, including equipment
shelter, cabinets, equipment racks, cables, conduits, radios, antennae, antenna support structures, and
necessary related facilities (collectively known as "Licensee's Facilities") as generally shown on Exhibit
A-2 attached hereto and incorporated herein by this reference.
b. In connection therewith, Licensee have the right to do all work necessary to
prepare, add, maintain and alter the Premises for Licensee's communications operations and to install
utility lines and transmission lines connecting antennas to transmitters and receivers. Plans and
specifications for such work by Licensee shall require prior written approval of Licensor before work
may begin; provided, however, that Licensee's Facilities depicted on Exhibit A-2 are hereby approved.
Such approval shall not be unreasonably withheld or delayed. All of Licensee's construction and
installation work shall be performed at Licensee's sole cost and expense by licensed and bondable
contractors in a good and workmanlike manner and shall not interfere with Licensor's facilities and
operations. Any work performed by Licensee outside the Premises shall be subject to reasonable
inspection and scheduling by Licensor. Title to the Licensee's Facilities and any equipment placed on
the Premises by Licensee shall be field by Licensee. All of Licensee's Facilities shall remain the
property of Licensee and are not fixtures. Licensee shall remove all of the Licensee's Facilities from the
Premises in accordance with the provisions of Section 6(c) below. Failure by Licensee to remove
Licensee's Facilities may result in title to Licensee's Facilities transferring to Licensor as provided in
Section 6(c) below.
C. Within ninety (90) days following the expiration or earlier termination of this
Agreement for any reason, Licensee shall remove, at their sole expense, all of the Licensee's Facilities
both above ground and below ground to a depth of one (1) foot placed on the Premises and restore the
Premises to the pre -installation condition (reasonable wear and tear and damages due to causes beyond
the control or without the fault or neglect of Licensee excepted). Should Licensee fail to remove the
Licensee's Facilities after thirty (30) days notice to Licensee and to Licensee's financing entity, title to
all Licensee's Facilities, Section 6(b) above notwithstanding, shall transfer to Licensor who shall at its
option retain for itself all Licensee's Facilities not removed or shall remove and dispose of the
Licensee's Facilities in a reasonable manner at the expense of Licensee. The address for Licensee's
financing entity is:
d. Licensee shall have the right to install utilities, at Licensee's expense, and to
improve the present utilities on or near the Premises. Any encroachment necessary for such utility
service will be at a location acceptable to Licensor and the servicing utility. Licensor will cooperate
with Licensee in their efforts to obtain utilities from any location provided by Licensor or the servicing
utility, including signing any easement or other instrument reasonably required by the utility company;
provided, however, that Licensor shall not incur any costs related to compliance with this provision.
Licensee shall at no time acquire any property interest in any of the Land.
e. Licensee shall fully and promptly pay for all utilities furnished to the Premises
for its use throughout the term of this Agreement, and all other costs and expenses incurred by Licensee
in connection with their use, operation and maintenance of the Premises.
f. Licensor hereby reserves and Licensee hereby grants to Licensor the right at no
expense to Licensor to attach to Licensee's Facilities and to its electrical utility source wireless internet
antennae in connection with a municipal or municipally franchised wireless network. Licensor's
equipment shall be installed at a location suitable for its intended purpose as determined by Licensee in
its reasonable discretion and so as not to interfere with the operation of Licensee's Facilities. Licensor
shall use reasonable best efforts to obtain its own electrical meter and service from the utility company.
If licensor is unable to obtain its own service and needs to use the Licensee's utilities, then Licensor
shall reimburse Licensee for such use.
7. Access. Licensee shall have the right but not the obligation at any time following the
full execution of this Agreement and prior to the Commencement Date to enter the Premises for the
purpose of making necessary engineering surveys, inspections, and tests where applicable, for the
purpose of determining the suitability of the Premises for Licensee's Facilities (as defined herein) for
mobile/wireless communications operations and for the purpose of construction of the Licensee's
Facilities. During any pre -construction work and construction work, Licensee shall have insurance as
set forth in Section 13, and will notify Licensor of any proposed construction work and will coordinate
the scheduling of same with Licensor. If Licensee determines that the Premises are unsuitable for their
contemplated use, then Licensee shall notify Licensor and this Agreement will terminate in accordance
with Section 10 (a) (ii). Licensor at no time warrants or guarantees the suitability of the Premises for
Licensee's intended use. Licensee shall have 24 -hours -a -day, 7 -days -a -week access to the Premises at
all times during the License Term at no additional charge to Licensee.
8. Interference.
a. Licensee shall operate Licensee's Facilities in a manner that will not cause signal
interference to Licensor and other authorized users of the Premises that pre -date the installation of
Licensee's Facilities. In the event such signal interference should occur, all costs to remedy the
interference shall be borne by Licensee. Pre-existing communication system operations/operators
operating in the same manner as on the Commencement Date shall not be deemed as interference to
Licensee. All operations by Licensee shall be in compliance with all federal, state and local non-
interference regulations including but not limited to, those of the FCC.
b. Licensee shall provide initial proof of compliance with original transmission
tolerance and interference analysis by a certification through an independent source.
C. Subsequent to the installation of Licensee's Facilities, Licensor shall not permit
or suffer the use of the Premises or the installation of any future equipment which results in technical
interference problems with the communications operations of Licensee as described in Section 2 above,
with the exception of emergency interference. Licensor agrees to take all reasonable steps necessary to
eliminate such interference with the understanding that any interference caused or related to emergency
construction or repair of Licensor's facilities shall terminate at the conclusion of the emergency
situation.
d. The parties acknowledge that any continuing non -emergency interference to the
Licensee's Facilities will cause injury to Licensee, and therefore, Licensee shall have the right to bring
action to enjoin such interference or terminate the Agreement immediately upon notice to Licensor.
9. Taxes. This Agreement may create a taxable property interest in the Premises. Licensee
shall pay all personal property taxes, possessory interest taxes and assessments attributable to Licensee's
Facilities levied by any legal authority.
10. Termination.
a. This Agreement may be terminated without further liability on thirty (30) days
prior written notice as follows:
By either party upon a default of any covenant, condition or term herein
by the other party, which default is not cured within thirty (30) days of
receipt of written notice of default, provided that the grace period for any
monetary default is only ten (10) days from receipt of notice. No default
will be deemed to exist if Licensee have commenced to cure such default
within such period and provided that such efforts are brought to
completion with reasonable diligence; or
ii. By Licensee prior to Commencement Date for any reason or for no
reason, provided Licensee deliver written notice of early termination to
Licensor no later than thirty (30) days prior to the Commencement Date
and forfeits and/or pays to Licensor One Thousand and 00/100 Dollars
($1,000.00) for reimbursement of costs of document preparation and
administrative time associated with this Agreement; or
iii. By Licensee after Commencement Date for any reason or for no reason,
provided Licensee delivers written notice of early termination to
Licensor no later than sixty (60) days prior to termination and pays to
Licensor the rent remaining for the year in which termination is
requested; or
iv. After the first Term and in the absence of any breach of this Agreement
by Licensee, Licensor shall have the right to unilaterally to terminate this
Agreement without liability with two (2) years' prior written notice of
termination to Licensee if Licensor determines that the Premises are
not appropriate for use by Licensee due to economic, environmental,
technological reasons or upon a finding by Licensor's City Council that
the Premises are needed to provide for the health, safety, or welfare of
the residents and businesses in the City.
b. If Licensor elects to terminate this Agreement pursuant to Section 10(a)(iv),
Licensor, in good faith, must use its best efforts to accommodate Licensee and allow Licensee to
relocate Licensee's Facilities to an alternative site on the Land or other property owned by Licensor,
provided such space is available and is suitable for communication system operations. Licensee shall
have two years from the date of notice as provided in Section I0(a)(iv) to relocate Licensee's Facilities
to the site made available by Licensor. All costs and expenses arising out of or associated with such
relocation shall be borne by Licensee. Should Licensee fail to relocate their Facilities within the two
year period, the Agreement shall terminate at the end of the two year period.
11. Destruction or Condemnation.
a. If the Premises or Licensee's Facilities are damaged, destroyed or condemned by
other than an act of the Licensee, Licensee may elect to terminate this Agreement as of the date of the
damage, destruction or condemnation by giving notice to Licensor no more than forty-five (45) days
following the date of such damage, destruction or condemnation and all rights and obligations of the
parties which do not survive the termination of this Agreement shall cease as of the date of the damage,
destruction or condemnation. If Licensee chooses not to terminate this Agreement, the License Fee
shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises for a
period not to exceed one hundred twenty (120) days. Licensor reserves the right to audit Licensee's
reduction or abatement request.
b. In any condemnation proceeding, each party shall be entitled to make a claim
against the condemning authority for just compensation (which for Licensee shall include, but is not
limited to, the value of Licensee's Facilities, moving expenses, pre -paid rent, reasonable attorneys' fees,
and business dislocation expenses).
12. Assignment and Subletting.
a. Licensor may assign or otherwise transfer its interest in this Agreement upon
written notice to Licensee, subject to the assignee or transferee assuming all of Licensor's obligations
herein.
b. Licensee may not assign, or otherwise transfer all or any part of its interest in
this Agreement or in the Premises without the prior written consent of Licensor. Any such assignee or
transferee shall agree in writing to assume and perform all of the terms and conditions of this Agreement
on Licensee's part to be performed from and after the effective date of such assignment or transfer.
Licensor's consent will not be unreasonably withheld or delayed by Licensor; provided, however,
Licensee may assign their interest to Licensee's parent company, any subsidiary or affiliate of the
Licensee or of their parent companies or to any successor -in -interest or entity acquiring fifty-one percent
(51%) or more of Licensee's stock or assets, subject to any financing entity's interest, if any, in this
Agreement as set forth in Section 18 below. Notwithstanding anything to the contrary contained in this
Agreement, Licensee may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or
consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity
to whom Licensee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has
obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under
or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties
thereof.
C. Licensor reserves the right to lease portions of the Land to other interested
communication system operators that may be in competition with Licensee for purposes of
mobile/wireless communication services; provided, however, that such other leases must provide that
the operation of the other communication facilities will not result in technical interference problems
with the Licensee's Facilities.
d. Licensee shall not sublease the Premises, or any portion thereof, to any other
person or entity, including, but not limited to any other communication system operator. Any such
purported sublease shall be void and o]Fno effect.
13. insurance.
During the License Term, and thereafter until the removals required under Section 6(c) are complete,
and prior to the Commencement Date if Licensee enter the Land under Section 7(a), Licensee shall
maintain at their own expense the following
a. Without limiting Licensee's indemnification obligations set forth in Section]4(a)
below, Licensee shall provide and maintain at its own expense during the License Term, the following
programs of insurance covering its operations hereunder. Such insurance shall be provided by
companies with an A.M. Best rating of not less than A -,VII and proof of such programs shall be
delivered to Licensor prior to any entry by Licensee onto the Land and/or the Premises. Proof of
insurance evidencing coverage shall name Licensor, its officers, agents, and employees as additional
insured with respect to Licensee's operations under this Agreement. Such evidence shall specifically
identify this Agreement.
1. Liability: Such insurance shall be primary to and non-contributory with any other
insurance maintained by Licensor and shall name Licensor, its officers, agents, and employees as
additional insured, and shall include:
(i) Comprehensive General Liability Insurance endorsed for Premises -
Operations, Products/Completed Operations, Contractual, Broad Form Property Damage,
and Personal Injury with a combined single limit of not less than One Million and 00/100
Dollars ($1,000,000.00) per occurrence. If the above insurance is written on a Claims Made
Form, such insurance shat] be endorsed to provide an extended reporting period of not less
than five (5) years following termination of the policy.
2. Auto: Comprehensive Auto Liability Insurance endorsed for all owned, non -owned
and hired vehicles with a combined single limit of at least One Million and 00/100 Dollars
($1,000,000.00) per occurrence.
3. Workers' Compensation: A program of Workers' Compensation Insurance in an
amount and form to meet all applicable requirements of the Labor Code of the State of California,
including Employer's Liability Insurance with Two Hundred Fifty Thousand and 00/100 Dollars
($250,000.00) limits, covering all persons providing services on behalf of Licensee and all risks to such
persons under this Agreement. Licensee may provide, if applicable, a Certificate of Consent to Self -
insure, issued by the Director of Industrial Relations of the State of California. Should Licensee utilize
the self-insurance provision set forth in this paragraph, and Licensee's Certification of Consent to Self -
insure expires or is revoked, Licensee shall be required to provide a program of Workers Compensation
Insurance upon said expiration or revocation.
b. Licensee shall furnish Licensor with proof of insurance that said policies required by
Subsection a. of this Section 13 are in force.
C. Licensee shall comply with the aforementioned provisions of this Section, and any such
operations shall be suspended during any period that Licensee fail to maintain said policies in full force
and effect.
d. Licensee shall have the right to self -insure with respect to any of the above insurance
requirements.
14. Indemnification.
a. To the fullest extent permitted by law, Licensee shall indemnify and hold
harmless and defend Licensor, its directors, officers, employees, agents or volunteers, and each of them
from and against:
(i) Any and all claims, demands, causes of action, damages, costs, expenses,
losses or liabilities (including attorney's fees, costs and expenses of defending
against such claims by counsel acceptable to Licensor), in law or in equity, of
every kind and nature whatsoever for, but not limited to, injury to or death of any
person including Licensor and/or Licensee, or any directors, officers, employees,
agents or volunteers of Licensor or Licensee, and damages to or destruction of
property of any person, including but not limited to, Licensor and/or Licensee
and their directors, officers, employees, agents or volunteers, to the extent
caused by the negligent acts, errors or omissions or willful misconduct of
Licensee, but except to the extent caused by the negligence, willful misconduct
or active negligence of Licensor or its directors, officers, employees, agents or
volunteers.
(ii) Any and all actions, proceedings, damages, costs, expenses, penalties or
liabilities, in law or equity, of every kind or nature whatsoever, to the extent
caused by the violation of any governmental law or regulation by Licensee.
b. Licensor shall indemnify, defend and hold harmless Licensee, its directors, officers,
employees, or volunteers, and each of them from and against any and all claims, demands, causes of
action, damages, costs, expenses, losses or liabilities (including attorney's fees, costs and expenses of
defending against such claims), in law or in equity, of every kind and nature whatsoever for, but not
limited to, injury to or death of any person including Licensor and/or Licensee, or any directors, officers,
employees or volunteers of Licensor or Licensee, and damages to or destruction of property of any
person, including but not limited to, Licensor and/or Licensee and their directors, officers, employees or
volunteers, to the extent caused by the negligent acts, errors or omissions or willful misconduct of
Licensor, but except to the extent caused by the sole negligence, willful misconduct or active negligence
of Licensee or their directors, officers, employees, agents or volunteers.
C. The foregoing indemnities will survive the expiration or earlier termination of this
Agreement.
15. Safety and Environmental Protection. The Licensee shall operate and maintain the
Premises so as to avoid injury or damage to any person or property.
In carrying out its work, the Liicensee shall at all times, exercise all necessary precautions for the
safety and environmental protection of the Premises, and be in compliance with all federal, state and
local statutory and regulatory requirements including State of California, Division of Industrial
Relations (Cal/OSHA) regulations, Cal/EPA, US/EPA and the U.S. Department of Transportation
including the Omnibus Transportation Employee Testing Act (as applicable).
The Licensee shall not use or allow anyone else to use the Premises to generate, manufacture,
refine, transport, treat, store, handle, recycle, release or dispose of any hazardous material, other than as
reasonably necessary for the operation of Licensee's activities as contemplated under this Agreement.
The term "hazardous material" means any hazardous substance, material or waste, including but not
limited to those listed in 49 CFR 172„101 (U.S. Department of Transportation), the Cal/EPA Chemical
Lists of lists or petroleum products and their derivatives. However, this shall not apply to the use of
petroleum products and related substances incidental to operation of motorized equipment and vehicles
whose operation on the Premises is contemplated by this Agreement.
The Licensee shall immediately notify the Licensor in writing upon becoming aware of any
release of hazardous material, violation of any environmental law or actions brought by third parties
against the Licensee alleging environmental damage.
a. Licensee shall identify by a sign in letters no greater than Yz inch in height
permanently affixed to Licensee's Facilities the responsible party to notify in case of emergency or
maintenance, but no other signs are permitted on the Premises or Licensee's Facilities unless such signs
are required by any federal, state or local law.
b. Licensor represents that neither Licensor nor, to Licensor's knowledge (without
having researched the matter) a third party has used, generated, stored, treated or disposed of hazardous
materials, as defined above, on the Land.
16. Notices. Any notice, demand or payment required to be given herein shall be made by
certified or registered mail, return receipt requested, or reliable overnight courier to the address of the
respective parties set forth below:
Licensor: City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
Attn: City Manager
17. Attorney's Fees.
Licensee: Royal Street Communications, LLC
2913 El Camino Real # 561
Tustin, CA 92782
Attn: Property Manager
Telephone: 714730-3100
Facsimile: 714 730-3201
With a copy to: Royal Street Communications, LLC
7557 Rambler Road, Suite 700
Dallas, TX 75231
Attn: Property Manager
a. In the event legal action by either party is brought to enforce any term hereof or
in the recovery of damages for any breach hereof, or to determine any rights of the parties under this
Agreement, the prevailing party in such actions may recover reasonable attorney's fees to be fixed by the
court.
b. When any provision of this Agreement entitles either party to receive costs or
expenses from the other, the term costs and expenses shall include reasonable attorney's fees incurred,
notwithstanding any reference or lack of reference to attorney's fees. When any article or provision of
this Agreement provides that Licensee will hold Licensor harmless from claims, Licensee shall pay all
of Licensor's reasonable attorney's fees incurred in investigating and defending such claims.
18. Waiver of Licensor's (Lien.
a. Licensor waives any lien rights it may have concerning the Licensee's Facilities
which are deemed Licensee's personal property and not fixtures, and Licensee has the right to remove the
same at any time without Licensor's consent. Licensee shall promptly repair any and all damage to the
Premises and the Land caused by the removal to the satisfaction of Licensor.
b. Licensor acknowledges that Licensee have entered into a financing arrangement
including promissory notes and financial and security agreements for the financing of the Licensee's
Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional
financing arrangements with other financing entities). In connection therewith, Licensor: (i) consents to
the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and
(iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or
distress for any License Fee due or to become due and that such Collateral may be removed at any time
without recourse to legal proceedings. Licensee shall promptly repair any and all damage to the Premises
and the Land caused by the removal to the satisfaction of Licensor.
19. Miscellaneous.
a. This Agreement constitutes the entire agreement and understanding between the
parties, and supersedes all offers, negotiations and other agreements concerning the subject matter
contained herein. There are no representations or understandings of any kind not set forth in this
Agreement. Any amendments to this Agreement must be in writing and executed by both parties.
b. If any provision of this Agreement is invalid or unenforceable with respect to
any party, the remainder of this Agreement or the application of such provision to persons other than
those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
C. This Agreement shall be binding on and inure to the benefit of the successors
and permitted assignees of the respective parties.
d. This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action shall
be brought in a state or federal court situated in the County of Los Angeles, State of California.
e. In any case where the approval or consent of one party hereto is required,
requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or
withhold its approval or consent.
f. The Licensee shall give all notices required by law and comply with all laws,
ordinances, rules and regulations pertaining to the conduct of the Premises. The Licensee shall be liable
for all Licensee's violations of the law incurred in connection with this Agreement.
g. All Exhibits attached hereto are material parts of this Agreement.
h. This Agreement may be executed in duplicate counterparts, each of which shall
be deemed an original.
i. Upon request, either party may require that a Memorandum of License be
recorded in the form of Exhibit B. Upon the expiration or earlier termination of this Agreement,
Licensee shall record a Memorandum of Termination in the official records of the County of Los
Angeles Recorder's office.
*** SIGNAT"URES ON FOLLOWING PAGE***
10
IN WITNESS THEREOF, the parties have executed this Agreement as of the date first above written.
LICENSOR
CITY OF DIAMOND BAR, a California
municipal corporation
James DeStefano
LICENSEE
Royal Street Communications, LLC, a Delaware
limited liability company
Title: City Manager Title:Date:
Date:
Tax ID# :
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2006 before me, personally appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that s/he executed the same in his/her authorized
capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2006 before me, personally appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that s/he executed the same in his/her authorized
capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
12
EXHIBIT A-1
DESCRIPTION OF LAND
The real property situated in Los Angeles County, State of California, particularly described as:
The land referred to herein is situated in the State of California, County of Los Angeles, described as
follows:
Lot 8 of Tract No. 43756, in the City of Diamond Bar, County of Los Angeles, State of California. as
per map filed in Book 1076 Pages 61 to 63 inclusive of Maps, in the office of the County Recorder of
said county.
Except therefrom all oil, gas, hydrocarbons, or other minerals in and under the above described said
land, without the right to the use of the surface or subsurface to a depth of 500 feet, measured vertically
from the surface of said land.
EXHIBIT A-2
DESCRIPTION OF PREMISES
The Site Plans, consisting of two pages are attached
Notes:
1. This exhibit may be replaced by architectural and engineering drawings of the Premises once they are received by Licensee
and agreed to by both parties.
2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental
authorities.
Width of access road shall be the width required by the applicable governmental authorities, including police and fire
departments.
4. The type, number and mounting positions and locations of antennas and transmission
lines are illustrative only. Actual types, numbers, and mounting positions may vary from what is shown above_
EXHIBIT B
RECORDING REQUESTED BY, AND
WHEN RECORDED RETURN TO:
Royal Street Communications, LLC
2913 El Camino Real, #561
Tustin, CA 92782
Attn: Property Management
Site #: LA0454A
MEMORANDUM OF LICENSE AGREEMENT
THIS MEMORANDUM OF LICENSE AGREEMENT ("Memorandum") is executed as of
2006, by and between City of Diamond Bar ("Licensor"), and Royal Street
Communications, LLC, a Delaware limited liability company ("Licensee").
RECITALS
WHEREAS, Licensor and Licensee have entered into that certain Wireless Communications
Site License Agreement ("Agreement") dated as of , 2006, for the purpose of operating and
maintaining a radio communications facility and other improvements. All of the foregoing are set forth
in the Agreement; and
WHEREAS, Licensor and Licensee desire to record notice of the Agreement in the Official
Records of Los Angeles County, California;
NOW, THEREFORE,in consideration of the foregoing, Licensor and Licensee hereby declare
as follows:
1. Demise. The Land which is the subject of the Agreement is described in Exhibit A -I
attached hereto. The portion of the Land licensed to Licensee (the "Premises") is described on Exhibit
A-2 attached hereto. Licensor grants to Licensee a non-exclusive easement for site access and utilities as
described in Exhibit A-2.
2. Expiration Date. The term of the Agreement ("Term") is for five (5) years commencing
on or upon the start of construction of Licensee's Facilities or eighteen (18) months after the full
execution of the Agreement, whichever occurs first ("Commencement Date"), and terminating on the
fifth anniversary of the Commencement Date with five (5) successive five (5) year options to renew.
3. Agreement Controlling. This Memorandum is solely for the purpose of giving
constructive notice of the Agreement. Tn the event of conflict between the terms of the Agreement and
this Memorandum, the terms of the Agreement shall control.
EXECUTION COPY 10.10.06
LA0454A
IN WITNESS WHEREOF, Licensor and Licensee have executed this Memorandum as of the
date and year first written above.
LICENSOR:
Dated: , 2006 CITY OF DIAMOND BAR, a California municipal
corporation
James DeStefano
City Manager
LICENSEE:
Dated: , 2006 Royal Street Communications, LLC, a Delaware limited
liability company
an
EXECUTION COPY 10.1006
LA0454A
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2006 before me, personally appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that s/he executed the same in his/her authorized
capacity, and that by his/her signature: on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2006 before me, personally appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that s/he executed the same in his/her authorized
capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
EXECUTIONCOPY 10.10.06
LA0454A
EXHIBIT A-1
to Memorandum of License Agreement dated , 2006
DESCRIPTION OF LAND
The real property situated in Los Angeles County, State of California, particularly described as:
The land referred to herein is situated in the State of California, County of Los Angeles, described as
follows:
Lot 8 of Tract No. 43756, in the City of Diamond Bar, County of Los Angeles, State of California, as
per map filed in Book 1076 Pages 61 to 63 inclusive of Maps, in the office of the County Recorder of
said county.
Except therefrom all oil, gas, hydrocarbons, or other minerals in and under the above described said
land, without the right to the use of the surface or subsurface to a depth of 500 feet, measured vertically
from the surface of said land.
EXECUTION COPY 10. 10.06
LA0454A
EXHIBIT A-2
to Memorandum of License Agreement dated , 2006
DESCRIPTION OF PREMISES
The Site Plans, consisting of two pages are attached
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Royal Street Communications, LLC
2913 El Camino Real, # 561
Tustin, CA 92782
Attn.: Property Management
Site # LA0454A
MEMORANDUM OF LICENSE AGREEMENT
THIS MEMORANDUM OF LICENSE AGREEMENT ("Memorandum") is executed as of
, 2006, by and between City of Diamond Bar ("Licensor"), and Royal Street Communications, LLC,
a Delaware limited liability company ("Licensee").
RECITALS
WHEREAS, Licensor and Licensee have entered into that certain Wireless Communications Site License Agreement
("Agreement") dated as of , 2006, for the purpose of operating and maintaining a radio communications facility and other
improvements. All of the foregoing are set forth in the Agreement; and
WHEREAS, Licensor and Licensee desire to record notice of the Agreement in the Official Records of Los Angeles County,
California;
NOW, THEREFORE, in consideration of the foregoing, Licensor and Licensee hereby declare as follows:
1. Demise. The Land which is the subject of the Agreement is described in Exhibit A-1 attached hereto. The portion of
the Land licensed to Licensee (the "Premises") is described on Exhibit A-2 attached hereto. Licensor grants to Licensee a non-exclusive
easement for site access and utilities as described in Exhibit A-2.
2. Expiration Date. The term of the Agreement ('Term") is for five (5) years commencing on or upon the start of
construction of Licensee's Facilities or eighteen (I 8) months after the full execution of the Agreement, whichever occurs first
(`Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with five (5) successive five (5) year
options to renew.
3. Agreement Controlling. This Memorandum is solely for the purpose of giving constructive notice of the Agreement.
In the event of conflict between the terms of the Agreement and this Memorandum, the terms of the Agreement shall control.
IN WITNESS WHEREOF, Licensor and Liccnsee have executed this Memorandum as of the date and year first written above.
LICENSOR:
Dated: 2006 CITY OF DIAMOND BAR, a California municipal corporation
By:
James DeStefano
City Manager
LICENSEE:
Dated: 12006 Royal Street Communications, LLC, a Delaware limited liability company
By:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2006 before me, personally appeared , personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the
same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2006 before me, personally appeared , personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the
same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
EXHHiIT A-1
to Memorandum of License Agreement dated , 2006
DESCRIPTION OF LAND
The real property situated in Los Angeles County, State of California, particularly described as:
The land referred to herein is situated in the State of California, County of Los Angeles, described as follows:
Lot 8 of Tract No. 43756, in the City of Diamond Bar, County of Los Angeles, State of California, as per map filed in Book 1076 Pages 61
to 63 inclusive of Maps, in the office of the County Recorder of said county.
Except therefrom all oil, gas, hydrocarbons, or other minerals in and under the above described said land, without the right to the use of the
surface or subsurface to a depth of 500 feet, measured vertically from the surface of said land.
EXHIBIT A-2
to Memorandum of License Agreement dated , 2006
DESCRIPTION OF PREMISES
The Site Plans, consisting of two pages are attached
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A -2
Agenda #__E_7_
Meeting Date: Oct. 17. 2006
CITY COUNCIL �'"`, �' AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Maa'a
TITLE: AWARD OF NEIGHBORHOOD RAFFIC MANAGEMENT PROGRAM
(NTMP) SERVICES FOR AN ASSESSMENT OF THE PILOT PROJECTS
TO KATZ-OKITSU & ASSOCIATES IN THE AMOUNT OF$35,700 AND
AUTHORIZE A CONTINGENCY AMOUNT OF $3,600 FOR CHANGE
ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL
AUTHORIZATION AMOUNT OF $39,300.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
As part of the FY 2006-07 Public Works Budget, $50,000 has been allocated and
approved for various traffic engineering services that would include the NTMP.
BACKGROUND:
The NTMP is a relatively new approach to managing traffic in Diamond Bar's residential
neighborhoods. It represents the City's commitment to the safety and livability of each
neighborhood along with a community-based approach to traffic management. On June
20, 2006 Council awarded a construction contract for the installation of various traffic
calming measures throughout the City as part of the NTMP Pilot Project.
DISCUSSION:
As a pilot project, these traffic calming measures serve as a demonstration to all
residents at what the neighborhood is capable of creating to address their specific
concerns. Residents see a direct connection between their initial request to City Hall for
a resolution of their traffic concerns and implementation of traffic calming devices.
Now that the improvements have been installed in the various designated locations in
each of the five (5) districts, the program is ready for the next phase of the process. As
part of the Pilot Project, the various devices will undergo an evaluation period in which
the traffic data, such as speed and volume counts, will be taken and analyzed to
determine the true effectiveness of these improvements. _To aid in the analysis and
presentation of the data results to the City and affected neighborhoods, Katz-Okitsu &
Associates (KOA) was asked to present a proposal to the City.
KOA was instrumental in launching the NTMP to the City in 2005. KOA assisted staff in
the design of the program, the manual, and locations of the pilot projects. Beginning in
January 2005, staff and KOA, conducted fourteen (14) neighborhood meetings
throughout the City and gathered first-hand information from these neighborhoods. The
input received from the residents in attendance of these initial meetings determined the
location and types of improvements to be installed as part of the Pilot Projects. At this
time, the evaluation of the effectiveness of these measures is well underway. KOA will
analyze all pertinent information and present the results to the neighborhoods affected
by the traffic calming measures,. KOA will also assist staff in developing a survey that
will be sent out to the affected neighborhoods in November so that the City will be able
to receive direct input from the residents. Affected residents will have the opportunity to
participate in this evaluation process by both completing the survey and attending the
follow-up meetings to be held with each neighborhood. With the input received by the
residents, and as is the case with pilot projects, the need for improvements or updates
to the program may be necessary.
In addition to the analysis of the Pilot Project improvements, residents outside the pilot
project areas have been sending inquiries to the City regarding bringing similar
improvements to their respective neighborhoods. As is the process, a meeting will be
held with the new neighborhoods to provide a platform for the residents to voice their
residential traffic concerns to the City in person. KOA was asked to assist staff in
presenting the program to the two interested neighborhoods that have been very vocal
and organized. This process will include a kick-off meeting presenting the program to
the neighborhood, analysis of existing traffic conditions, and a follow-up meeting
presenting the traffic data and possible solutions to their concerns.
Staff with KOA's assistance, will have the opportunity to work with residents towards a
satisfactory result that will benefit the majority of the stakeholders.
PREPARED BY:
Kimberly Molina, Associate Engineer Date: October 11, 2006
REVIEW,E BY:
D G. erector of Public Works
Attachment: (A) Proposed Scope by KOA dated October 2, 2006
(B) Consulting Services Agreement
2
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of October 17, 2006 by and between the City
of Diamond Bar, a municipal corporation ("City") and Katz-Okitsu & Associates,
("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor
to provide consulting services to City as set forth in the City's Request for Services.
B. Consultant represents that it is fully qualified to perform such consulting
services by virtue of its experience and the training, education and expertise of its
principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
1. Consultant's Sentices.
A. Scope of Services. The nature and scope of the specific services
to be performed by Consultant are as described in Exhibit "A" the Consultant's
Proposal, dated October 2, 2006 .
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 Exhibit "A."
2. Term of Agreement. This Contract shall take effect October 17, 2006,
unless earlier terminated pursuant to the provisions herein.
3. Compensation. 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 "A". Payment will be made only after submission of proper invoices in
the form specified by City.
4. General Terms and Conditions. In the event of any inconsistency
between the provisions of this Agreement and Consultant's proposal, the provisions of
this Agreement shall control.
5. Addresses.
City: James DeStefano, City Manager
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765-4178
Consultant: Joel Falter
Katz-Okitsu & Associates
1055 Corporate Center Dr.
Monterey Park, CA 91754
323-260-4703
323-560-4705 FAX
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, relpresent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Agreement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable worker's compensation laws. City shall have the right to offset against the
amount of any fees due to Consultant under this Agreement any amount due to City
from Consultant as a result of Consultant's failure to promptly pay to City any
reimbursement or indemnification arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers,
agents, volunteers, employees, and attorneys against, and will hold and save them and
each of them harmless from, and all actions, claims, damages to persons or property,
penalties, obligations, or liabilities that may be asserted or claimed by any person, firm,
entity, corporation, political subdivision or other organization arising out of the acts,
errors or omissions of Consultant, its agents, employees, subcontractors, or invitees,
including each person or entity responsible for the provision of services hereunder.
In the event there is more than one person or entity named in the Agreement as a
Consultant, then all obligations, liabilities, covenants and conditions under this Section 8
shall be joint and several.
9. Insurance. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company admitted to
do business in California and approved by the City (1) a policy or policies of broad -form
comprehensive general liability insurance with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement; (2) property
damage insurance with a minimum limit of $500,000.00; (3) automotive liability
insurance, with minimum combined single limits coverage of $500,000.00; (4)
professional liability insurance (errors and omissions) to cover or partially cover
damages that may be the result: of errors, omissions, or negligent acts of Consultant, in
an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation
insurance with a minimum limit of $500,000.00 or the amount required by law,
whichever is greater. City, its officers, employees, attorneys, and volunteers shall be
named as additional insureds on the policy(ies) as to comprehensive general liability,
property damage, and automotive liability. The policy(ies) as to comprehensive general
liability, property damage, and automobile liability shall provide that they are primary,
and that any insurance maintained by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not
be non -renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not
cancel, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement:; shall be issued by an insurance company which is
admitted to do business in the 'State of California or which is approved in writing by the
City; and shall be placed with a current A.M. Best's rating of no less that A VII.
C. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements above,
and (2) insurance policy endorsements indicating compliance with all other minimum
insurance requirements above, not less that one (1) day prior to beginning of
performance under this Agreement. Endorsements shall be executed on City's
appropriate standard forms entitled "Additional Insured Endorsement", or a substantially
similar form which the City has agreed in writing to accept.
10. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement; (2) property
damage insurance with a minimum limit of $500,000.00; (3) automotive liability
insurance, with minimum combined single limits coverage of $500,000.00; (4)
professional liability insurance (errors and omissions) to cover or partially cover
damages that may be the result: of errors, omissions, or negligent acts of Consultant, in
an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation
insurance with a minimum limit of $500,000.00 or the amount required by law,
whichever is greater. City, its officers, employees, attorneys, and volunteers shall be
named as additional insureds on the policy(ies) as to comprehensive general liability,
property damage, and automotive liability. The policy(ies) as to comprehensive general
liability, property damage, and automobile liability shall provide that they are primary,
and that any insurance maintained by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not
be non -renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not
cancel, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement:; shall be issued by an insurance company which is
admitted to do business in the 'State of California or which is approved in writing by the
City; and shall be placed with a current A.M. Best's rating of no less that A VII.
C. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements above,
and (2) insurance policy endorsements indicating compliance with all other minimum
insurance requirements above, not less that one (1) day prior to beginning of
performance under this Agreement. Endorsements shall be executed on City's
appropriate standard forms entitled "Additional Insured Endorsement", or a substantially
similar form which the City has agreed in writing to accept.
10. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City without
restriction or limitation upon its use or dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, director or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to the other party. However, Consultant
shall not terminate this Agreement during the provision of services on a particular
project. The effective date of termination shall be upon the date specified in the notice
of termination, or, in the event no date is specified, upon the fifteenth (15th) day
following delivery of the notice. In the event of such termination, City agrees to pay
Consultant for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue
performing services.
14. Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perform the services under this Agreement. All of the
services required under this Agreement will be performed by Consultant or under it
supervision, and all personnel engaged in the work shall be qualified to perform such
services. Consultant reserves the right to determine the assignment of its own
employees to the performance of Consultant's services under this Agreement, but City
reserves the right, for good cause, to require Consultant to exclude any employee from
performing services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sE:x, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
17. Performance Evaluation. For any contract in effect for twelve months or
longer, a written annual administrative performance evaluation shall be required within
ninety (90) days of the first anniversary of the effective date of this Agreement, and
each year thereafter throughout the term of this Agreement. The work product required
by this Agreement shall be utilized as the basis for review, and any comments or
complaints received by City during the review period, either orally or in writing, shall be
considered. City shall meet with Consultant prior to preparing the written report. If any
noncompliance with the Agreement is found, City may direct Consultant to correct the
inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
18. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or proceeding shall be
entitled to recover its costs of ;suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and consultants.
21. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the sarne instrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
CITY OF DIAMOND BAR
By: By
Tommye A. Cribbins, City Clerk
Approved as to form:
IN
City Attorney
"CONSULTANT"
By:
Its:
Carol Herrera, Mayor
21. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business clay following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST: CITY OF DIAMOND BAR
By: _ By:
Tommye A. Cribbins, City Clerk
Approved as to form:
By: _
City Attorney
"CONSULTANT"
By: �% f
Its: V��e �r�5,dc�r
Carol Herrera, Mayor
CITY COUNCIL
Agenda # 6 , g
Meeting Date: October 17, 2006
AGENDA REPORT
TO: Honorable Mayor and Members Qf the City Council
VIA: James DeStefano, City MtAMEN
_'P
TITLE: APPROVE CONTRACTMENT NO. 2 IN THE AMOUNT OF
$40,000.00 WITH MUNICIPAL ENGINEERING RESOURCES (M.E.R.) FOR
CONSULTING ENGINEERING SERVICES FOR A TOTAL
AUTHORIZATION AMOUNT OF $40,000
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
For Fiscal Year 2006-2007, a budget of approximately $45,000 is available for as -needed
engineering services.
BACKGROUND/DISCUSSION:
Municipal Engineering Resources has been providing engineering services to the City since
October 2005. Under this current contract, specific areas of professional service that
M.E.R. will provide to the Public Works Department include assistance with transportation
funding and serving as the City"s liaison on the regional SR -60 Lemon Avenue On/Off
Ramps Project.
Based on the importance of being proactive on transportation funding opportunities and
assisting the City with a regional project, the Public Works Department can benefit from the
continued services of M.E.R. Services shall be rendered on an on-call basis in accordance
with M.E.R.'s proposal and fee schedule dated October 5, 2006.
PREPARED BY:
Rick Yee, Senior Engineer
REVIEWED BY:
David G. iu, Director of Public Works
Attachment: M.E.R. Proposal "Exhibit C", dated October 5, 2006
Amendment to the Consulting Services Agreement
Date Prepared: October 9, 2006
Agenda # 6 , g
Meeting Date: October 17, 2006
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Membe qohe City Council
VIA: James DeStefano, City Man
TITLE: A RESOLUTION APPROVING GRAM SUPPLEMENT NO. M005 TO
ADMINISTERING AGENCY -STATE AGREEMENT NO. 07-5455 FOR
GRANT FUNDS IFOR THE INSTALLATION OF TRAFFIC CALMING
DEVICES ON SUNSET CROSSING ROAD BETWEEN DIAMOND BAR
BOULEVARD AND PROSPECTORS ROAD AND ON PROSPECTORS
ROAD BETWEEN SUNSET CROSSING AND GOLDEN SPRINGS
DRIVE
RECOMMENDATION:
Adopt Resolution No. 2006 -XX approving Program Supplement Agreement No. M005
and authorizing the City Manager to execute contracts and related documents
necessary for the completion of the subject project.
FINANCIAL IMPACT:
For Fiscal Year 2006-2007, a budget amount of $250,000 was allocated and approved
by the City Council for this projject. The project has been programmed by Caltrans
under the Hazard Elimination System (HES) Fund in the grant amount of $220,000.
The City is funding the remaining balance from the General Fund as part of its local
match commitment in the amount of $30,000.
BACKGROUND/DISCUSSION:
The project is located in the northwest area of the City which currently receives a
significant amount of "cut through" traffic from commuters attempting to avoid
congestion at the State Route (SR) 57/60 Interchange. Due to the significant traffic
levels on Sunset Crossing Road and Prospectors Road, protection of pedestrian and
driver safety is a concern. After consultation with our traffic engineering consultants, it
has been recommended that traffic calming measures (i.e. speed humps, striping,
signage, and other calming devices) can be used to mitigate any identified hazards to
the public in this area. Before HES funds can be made available for a programmed
project, the City is required to enter into an agreement with the California Department of
Transportation (Caltrans) and provide a resolution which authorizes a designated official
of the City to execute the agreement.
PREPARED BY:
Rick Yee, Senior Engineer Date Prepared: October 9, 2006
REVIEWED BY:
rJ
David d Liu, Director of Public Works
Attachment: Resolution No. 2006 -XX
RESOLUTION NO. 2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING PROGRAM
SUPPLEMENT NO. M005 TO ADMINISTERING
AGENCY -STATE AGREEMENT NO. 07-5455 FOR
GRANT FUNDS FOR THE INSTALLATION OF TRAFFIC
CALMING DEVICES ON SUNSET CROSSING
BETWEEN DIAMOND BAR BOULEVARD AND
PROSPECTORS ROAD AND ON PROSPECTORS ROAD
BETWEEN SUNSET CROSSING ROAD AND GOLDEN
SRPINGS DRIVE.
RECITALS
(i) The Hazard Elimination Safety Program (HES) is a federal safety program that
provides funds for safety improvements on all public roads and highways. The
program is administered by the California Department of Transportation.
(ii) The City of Diamond Bar, hereinafter referred to as "City", has applied for HES
funds to be used for installation of traffic calming devices on Sunset Crossing
between Diamond Bar Boulevard and Prospectors Road and on Prospectors Road
between Sunset Crossing and Golden Springs Road, herein referred to as
"Project' .
(iii) Before Federal -aid will be made available for a specific Program project, the City
is required to enter into an agreement with the State of California Department of
Transportation, herein referred to as "State", to delineate certain responsibilities
relative to prosecution of said project.
RESOLUTION
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Approves the Program Supplement No. M005 for installation of traffic calming
devices on Sunset Crossing between Diamond Bar Boulevard and Prospectors
Road and on Prospectors Road between Sunset Crossing and Golden Springs
Road.
2. Certifies that said Project will be constructed in accordance with the Program
Supplement No. M005 for grant funds for the installation of traffic calming
devices on Sunset Crossing between Diamond Bar Boulevard and Prospectors
Road and on Prospectors Road between Sunset Crossing and Golden Springs
Drive.
Appoints James DeStefano as agent of the City of Diamond Bar to conduct all
negotiations, execute and submit all documents, including, but not limited to
applications, agreements, amendments, payment requests and so on, which may
be necessary for the completion of the aforementioned project.
PASSED, APPROVED AND ADOPTED this 17th day of October, 2006.
Mayor
I, TOMMYE CRIBBINS, 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 October, 2006 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATEST:
CITY CLERK OF THE
CITY OF DIAMOND BAR
Agenda # 6.10
Meeting Date: October 17, 2006
CITY COUNCIL ' AGENDA REPORT
ter,._
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma a
TITLE: AWARD ON-CALL_ TRAFFIC ENINEERING PLAN CHECK SERVICES
CONTRACTS TO (a.) WARREN C. SIECKE, (b.) SASAKI
TRANSPORTATION SERVICES, (c.) KATZ, OKITSU & ASSOCIATES,
AND (d.) ADVANTEC CONSULTING ENGINEERING FOR A PERIOD
OF THREE (3) YEARS, COMMENCING OCTOBER 21, 2006
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
For development related projects, funding will be provided through developer fees and
deposits paid by the applicant prior to the plan/report review stage. For specific traffic
and transportation engineering services needed by the Public Works Department, the
2006/2007 fiscal year budget includes $135,000 for these services.
BACKGROUND/DISCUSSION:
To supplement the City's professional capabilities, consultant traffic and transportation
engineering services have been utilized by the City on an as -needed basis. The current
consultant service agreements are set to expire on October 21, 2006.
In August 2006, the City issued a Request for Proposals (RFP) inviting consultants to
submit proposals for traffic and transportation engineering services on an as -needed
basis. The City intends to enter into consultant service agreements with four (4)
qualified firms for a period of three (3) years with the possibility of three (3) additional
annual renewals. A total of eight (8) RFPs were mailed to traffic and transportation
engineering consultants and as a result, five (5) proposals were received. The
evaluation committee reviewed the proposals and selected Warren C. Siecke, Sasaki
Transportation Services, Katz, Okitsu & Associates, and Advantec Consulting to provide
the desired services for the City. Due to the specialized niches within the traffic and
transportation engineering field, it is beneficial to retain multiple firms because
collectively these firms are able to provide the full range of desired services.
The scope of services to be provided include: geometric and traffic signal design, review
of various environmental and traffic impact studies, conducting studies and preparing
reports, preparing data for the congestion management program, preparing traffic signal
operation and coordination studies, and other related services as requested by the City
which pertain to development and capital projects.
Compensation for development related plan/report reviews will be in accordance with
City Fee Resolution No. 98-28 and the appropriate classification of service provided
pursuant to each consultant's fee schedule. Deposits are received at the time of project
submittal and consultant fees are drawn from the deposit account on an actual cost
basis.
PREPARED BY:
Rick Yee, Senior Engineer Date Prepared: October 10, 2006
REVIEWED BY:
David G. L u, Director of Public Works
Attachments: Contracts
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of October 23, 2006 by and between the City of
Diamond Bar, a municipal corporation ("City") and Warren C. Siecke ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to
provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals
dated August 18, 2006
B. Consultant represents that it is fully qualified to perform such consulting services by
virtue of its experience and the training, education and expertise of its principals and
employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and
conditions herein contained, the parties hereto agree as follows:
Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be
performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated
September 11, 2006 to the City's Request for Proposals.
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 Exhibit "B."
2. Term of Agreement. This Contract shall take effect on October 21, 2006 and
shall continue until October 21, 2009, unless earlier terminated pursuant to the provisions
herein.
3. Compensation. 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 "B". Payment will be made only after submission of proper invoices in the form
specified by City.
4. General Terms and Conditions. In the event of any inconsistency between
the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement
shall control.
5. Addresses.
Com: James DeStefano, City Manager Consultant: Warren C. Siecke
City of Diamond Bar 20142 Canyon Drive
21825 Copley Drive Yorba Linda, CA 92886-6058
Diamond Bar, CA 91765-4178
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any
of its agents shall have control over the conduct of Consultant or any of Consultant's
employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any
manner, represent that it or any iof its agents or employees are in any manner agents or
employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any and all
taxes, assessments, penalties, ;and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. In the event that City is
audited by any Federal or State agency regarding the independent contractor status of
Consultant and the audit in any way fails to sustain the validity of a wholly independent
contractor relationship between City and Consultant, then Consultant agrees to reimburse
City for all costs, including accounting and attorney's fees, arising out of such audit and any
appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to indemnify
and hold City harmless from any failure of Consultant to comply with applicable worker's
compensation laws. City shall have the right to offset against the amount of any fees due to
Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising
under this Section 6.
7. Standard of Performance. Consultant shall perform all work at the standard of
care and skill ordinarily exercised by members of the profession under similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers, agents,
volunteers, employees, and attorneys against, and will hold and save them and each of them
harmless from, and all actions, claims, damages to persons or property, penalties,
obligations, or liabilities that may be asserted or claimed by any person, firm, entity,
corporation, political subdivision or other organization arising out of the negligent or wrongful
acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees,
including each person or entity responsible for the provision of services hereunder.
City agrees to indemnify the Consultant, its agents, employees, subcontractors, or invitees,
including each person or entity responsible for the provision of services hereunder, and will
hold and save them and each of ahem harmless from, and all actions, claims, damage to
persons or property, penalties, obligations, or liabilities that may be asserted or claimed by
any person, firm, entity, corporation, political subdivision or other organization arising out of
the negligent or wrongful acts, errors or omissions of the City, its officers, agents, volunteers,
employees and attorneys.
In the event there is more than one person or entity named in the Agreement as a
Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall
be joint and several.
9. Insurance. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company admitted to do
business in California and approved by the City (1) a policy or policies of broad-form
comprehensive general liability insurance with minimum limits of $1,000,000.00 combined
single limit coverage against any injury, death, loss or damage as a result of wrongful or
negligent acts by Consultant, its officers, employees, agents, and independent contractors in
performance of services under this Agreement; (2) property damage insurance with a
minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined
single limits coverage of $500,000.00; (4) professional liability insurance (errors and
omissions) to cover or partially cover damages that may be the result of errors, omissions, or
negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and
(5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount
required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers
shall be named as additional insureds on the policy(ies) as to comprehensive general liability,
property damage, and automotive liability. The policy(ies) as to comprehensive general
liability, property damage, and automobile liability shall provide that they are primary, and that
any insurance maintained by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not be
non-renewed, canceled, reduced, or otherwise modified (except through the addition of
additional insureds to the policy) by the insurance carrier without the insurance carrier giving
City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel,
reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant to the
terms of this Agreement; shall be issued by an insurance company which is admitted to do
business in the State of California or which is approved in writing by the City; and shall be
placed with a current A.M. Best's rating of no less that A.
C. Consultant shall submit to City (1) insurance certificates indicating compliance
with the minimum worker's compensation insurance requirements above, and (2) insurance
policy endorsements indicating compliance with all other minimum insurance requirements
above, not less that one (1) day prior to beginning of performance under this Agreement.
Endorsements shall be executed on City's appropriate standard forms entitled "Additional
Insured Endorsement", or a substantially similar form which the City has agreed in writing to
accept.
10. Confidentiality. Consultant in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Consultant covenants
that all data, documents, discussion, or other information developed or received by
Consultant or provided for performance of this Agreement are deemed confidential and shall
not be disclosed by Consultant without written authorization by City. City shall grant such
authorization if disclosure is required by law. All City data shall be returned to City upon the
termination of this Agreement. Consultant's covenant under this section shall survive the
termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant
prepares reports of a proprietary nature specifically for and in connection with certain
projects, the City shall not, except with Consultant's prior written consent, use the same for
other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City without restriction or
limitation upon its use or dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, director or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner with
the performance of its services hereunder. Consultant further covenants that, in performance
of this Agreement, no person having any such interest shall be employed by it. Furthermore,
Consultant shall avoid the appearance of having any interest which would conflict in any
manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary
or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of
the performance of this Agreement. Consultant's covenant under this section shall survive
the termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without cause
upon fifteen (15) days' written notice to the other party. However, Consultant shall not
terminate this Agreement during the provision of services on a particular project. The
effective date of termination shall be upon the date specified in the notice of termination, or,
in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice.
In the event of such termination, City agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written notice
of termination, Consultant shall discontinue performing services.
14. Personnel. Consultant represents that it has, or will secure at its own expense,
all personnel required to perform the services under this Agreement. All of the services
required under this Agreement will be performed by Consultant or under it supervision, and
all personnel engaged in the work shall be qualified to perform such services. Consultant
reserves the right to determine the assignment of its own employees to the performance of
Consultant's services under this Agreement, but City reserves the right, for good cause, to
require Consultant to exclude any employee from performing services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical condition,
or sexual orientation, in the performance of its services and duties pursuant to this
Agreement, and will comply with all rules and regulations of City relating thereto. Such
nondiscrimination shall include but not be limited to the following: employment, upgrading,
demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer or
that all qualified applicants will receive consideration for employment without regard to race,
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts for
standard commercial supplies or raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without the
prior written consent of City, and any attempt by Consultant to so assign this Agreement or
any rights, duties, or obligations arising hereunder shall be void and of no effect.
17. Performance Evaluation. For any contract in effect for twelve months or
longer, a written annual administrative performance evaluation shall be required within ninety
(90) days of the first anniversary of the effective date of this Agreement, and each year
thereafter throughout the term of this Agreement. The work product required by this
Agreement shall be utilized as 1he basis for review, and any comments or complaints
received by City during the review period, either orally or in writing, shall be considered. City
shall meet with Consultant prior to preparing the written report. If any noncompliance with the
Agreement is found, City may direct Consultant to correct the inadequacies, or, in the
alternative, may terminate this Agreement as provided herein.
18. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any
one or more of the conditions of performance under this Agreement shall not be a waiver of
any other condition of performance under this Agreement. In no event shall the making by
City of any payment to Consultant constitute or be construed as a waiver by City of any
breach of covenant, or any default which may then exist on the part of Consultant, and the
making of any such payment by City shall in no way impair or prejudice any right or remedy
available to City with regard to such breach or default.
20. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the provisions
of this Agreement, the prevailing party in such action or proceeding shall be entitled to
recover its costs of suit, including reasonable attorney's fees and costs, including costs of
expert witnesses and consultants.
21. Notices. Any notices, bills, invoices, or reports required by this Agreement
shall be deemed received on (a) the day of delivery if delivered by hand during regular
business hours or by facsimile befOre or during regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from
time to time, designate in writing pursuant to the provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together shall
constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents incorporated
herein by specific reference, represent the entire and integrated agreement between
Consultant and City. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be amended, nor any provision or
breach hereof waived, except in a writing signed by the parties which expressly refers to this
Agreement. Amendments on behalf of the City will only be valid if signed by the City
Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by
this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
"City"
ATTEST:
CITY OF DIAMOND BAR
By: By:
Tommye Cribbins, City Clerk
Approved as to form:
By:
(�itv A��nrnov
Carol Herrera, Mayor
]4)/12/06 12:48 FAX a002
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together shall
constitute one and the same instrument_
24. Entire Agreement. This Agreement, and any other documents incorporated
herein by specific reference, represent the entire and integrated agreement between
Consultant and City. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. 'This Agreement may not be amended, nor any provision or
breach hereof waived, except in a writing signed by the parties which expressly refers to this
Agreement. Amendments on behalf of the City will only be valid if signed by the City
Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by
this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
"City"
ATTEST:
CITY OF DIAMOND BAR
By: _ By:
Tommye Cribbins, City Cleric Carol Herrera, Mayor
Approved as to form:
City Attorney
"CONSULTANT"
BY:JP."
Its: �����/PCX,/
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of October 23, 2006 by and between the City of
Diamond Bar, a municipal corporation ("City") and Sasaki Transportation Services
("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to
provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals
dated August 18, 2006
B. Consultant represents that it is fully qualified to perform such consulting services by
virtue of its experience and they training, education and expertise of its principals and
employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and
conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be
performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated
September 9. 2006 to the City's Request for Proposals.
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 Exhibit "B."
2. Term of Agreement. This Contract shall take effect October 23, 2006, unless
earlier terminated pursuant to the provisions herein.
3. Compensation. 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 "B". Payment will be made only after submission of proper invoices in the form
specified by City.
4. General Terms and Conditions. In the event of any inconsistency between the
provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall
control.
5. Addresses.
Com: James DeStefano, City Manager Consultant: Steven S. Sasaki, Principal
City of Diamond Bar Sasaki Transportation Services
21825 Copley Drive P. O. Box 5159
Diamond Bar, CA 91765-4178 Laguna Beach, CA 92652
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of
its agents shall have control over the conduct of Consultant or any of Consultant's employees,
except as set forth in this Agreement. Consultant shall not, at any time, or in any manner,
represent that it or any of its agents or employees are in any manner agents or employees of
City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the independent
contractor relationship created by this Agreement. In the event that City is audited by any
Federal or State agency regarding the independent contractor status of Consultant and the
audit in any way fails to sustain the validity of a wholly independent contractor relationship
between City and Consultant, them Consultant agrees to reimburse City for all costs, including
accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and
hold City harmless from any failure of Consultant to comply with applicable worker's
compensation laws. City shall have the right to offset against the amount of any fees due to
Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this Section 6.
7. Standard of Performance. Consultant shall perform all work at the standard of
care and skill ordinarily exercised by members of the profession under similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers, agents,
volunteers, employees, and attorneys against, and will hold and save them and each of them
harmless from, and all actions, claims, damages to persons or property, penalties, obligations,
or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political
subdivision or other organization arising out of the acts, errors or omissions of Consultant, its
agents, employees, subcontractors, or invitees, including each person or entity responsible for
the provision of services hereunder.
In the event there is more than one person or entity named in the Agreement as a Consultant,
then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and
several.
9. Insurance. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company admitted to do business
in California and approved by the City (1) a policy or policies of broad -form comprehensive
general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage
against any injury, death, loss or damage as a result of wrongful or negligent acts by
Consultant, its officers, employees, agents, and independent contractors in performance of
services under this Agreement; (2) property damage insurance with a minimum limit of
$500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage
of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially
cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in
an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation
insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is
greater. City, its officers, employees, attorneys, and volunteers shall be named as additional
insureds on the policy(ies) as to comprehensive general liability, property damage, and
automotive liability. The policy(ies) as to comprehensive general liability, property damage,
and automobile liability shall provide that they are primary, and that any insurance maintained
by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not be non -
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty
(30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or
otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant to the
terms of this Agreement; shall be issued by an insurance company which is admitted to do
business in the State of California or which is approved in writing by the City; and shall be
placed with a current A.M. Best's rating of no less that A VII.
C. Consultant shall submit to City (1) insurance certificates indicating compliance
with the minimum worker's compensation insurance requirements above, and (2) insurance
policy endorsements indicating compliance with all other minimum insurance requirements
above, not less that one (1) day prior to beginning of performance under this Agreement.
Endorsements shall be executed on City's appropriate standard forms entitled "Additional
Insured Endorsement", or a substantially similar form which the City has agreed in writing to
accept.
10. Confidentiality. Consultant in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Consultant covenants
that all data, documents, discussion, or other information developed or received by Consultant
or provided for performance of this Agreement are deemed confidential and shall not be
disclosed by Consultant without written authorization by City. City shall grant such
authorization if disclosure is required by law. All City data shall be returned to City upon the
termination of this Agreement. Consultant's covenant under this section shall survive the
termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant
prepares reports of a proprietary nature specifically for and in connection with certain projects,
the City shall not, except with Consultant's prior written consent, use the same for other
unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City without restriction or
limitation upon its use or dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, director or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner with the
performance of its services hereunder. Consultant further covenants that, in performance of
this Agreement, no person having any such interest shall be employed by it. Furthermore,
Consultant shall avoid the appearance of having any interest which would conflict in any
manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary
or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the
performance of this Agreement. Consultant's covenant under this section shall survive the
termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without cause
upon fifteen (15) days' written notice to the other party. However, Consultant shall not
terminate this Agreement during the provision of services on a particular project. The effective
date of termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event
of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to
the effective date of termination. Immediately upon receiving written notice of termination,
Consultant shall discontinue performing services.
14. Personnel. Consultant represents that it has, or will secure at its own expense,
all personnel required to perform the services under this Agreement. All of the services
required under this Agreement will be performed by Consultant or under it supervision, and all
personnel engaged in the work shall be qualified to perform such services. Consultant
reserves the right to determine the assignment of its own employees to the performance of
Consultant's services under this Agreement, but City reserves the right, for good cause, to
require Consultant to exclude any employee from performing services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or
sexual orientation, in the performance of its services and duties pursuant to this Agreement,
and will comply with all rules and regulations of City relating thereto. Such nondiscrimination
shall include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed
by or on behalf of Consultant state: either that it is an equal opportunity employer or that all
qualified applicants will receive consideration for employment without regard to race, color,
creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap,
medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts for
standard commercial supplies or raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without the prior
written consent of City, and any attempt by Consultant to so assign this Agreement or any
rights, duties, or obligations arising hereunder shall be void and of no effect.
17. Performance Evaluation. For any contract in effect for twelve months or longer,
a written annual administrative performance evaluation shall be required within ninety (90)
days of the first anniversary of the effective date of this Agreement, and each year thereafter
throughout the term of this Agreement. The work product required by this Agreement shall be
utilized as the basis for review, and any comments or complaints received by City during the
review period, either orally or in writing, shall be considered. City shall meet with Consultant
prior to preparing the written report. If any noncompliance with the Agreement is found, City
may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this
Agreement as provided herein.
18. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any
one or more of the conditions of performance under this Agreement shall not be a waiver of
any other condition of performance under this Agreement. In no event shall the making by City
of any payment to Consultant constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the part of Consultant, and the making of any
such payment by City shall in no way impair or prejudice any right or remedy available to City
with regard to such breach or default.
20. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the provisions of
this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its
costs of suit, including reasonable attorney's fees and costs, including costs of expert
witnesses and consultants.
21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall
be deemed received on (a) the day of delivery if delivered by hand during regular business
hours or by facsimile before or during regular business hours; or (b) on the third business day
following deposit in the United States mail, postage prepaid, to the addresses heretofore set
forth in the Agreement, or to such other addresses as the parties may, from time to time,
designate in writing pursuant to the provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
Tommye Cribbins, City Clerk
Approved as to form:
CITY OF DIAMOND BAR
0
Carol Herrera, Mayor
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
Tommye Cribbins, City Clerk:
Approved as to form:
la
City Attorney
"CONSU ANT"
zy-
By: 21 a-
Its:
d&1'-! 0-1
CITY OF DIAMOND BAR
Im
Carol Herrera, Mayor
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of October 23, 2006 by and between the City of
Diamond Bar, a municipal corporation ("City") and Katz, Okitsu & Associates ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to
provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals
dated August 18, 2006
B. Consultant represents that it is fully qualified to perform such consulting services by
virtue of its experience and the; training, education and expertise of its principals and
employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and
conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be
performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated
September 12, 2006 to the City's Request for Proposals.
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 Exhibit "B."
2. Term of Agreement, This Contract shall take effect October 23, 2006, unless
earlier terminated pursuant to the provisions herein.
3. Compensation. 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 "B". Payment will be made only after submission of proper invoices in the form
specified by City.
4. General Terms and Conditions. In the event of any inconsistency between the
provisions of this Agreement and C'onsultant's proposal, the provisions of this Agreement shall
control.
5. Addresses.
Com: James DeStefano, City Manager Consultant: Rock E. Miller, P.E.
City of Diamond Bar Vice President
21825 Copley Drive Katz, Okitsu & Associates
Diamond Bar, CA 91765-4178 17852 E. Seventeenth Street
Tustin, CA 92780-2142
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of
its agents shall have control over the conduct of Consultant or any of Consultant's employees,
except as set forth in this Agreement. Consultant shall not, at any time, or in any manner,
represent that it or any of its agents or employees are in any manner agents or employees of
City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the independent
contractor relationship created by this Agreement. In the event that City is audited by any
Federal or State agency regarding the independent contractor status of Consultant and the
audit in any way fails to sustain the validity of a wholly independent contractor relationship
between City and Consultant, then Consultant agrees to reimburse City for all costs, including
accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and
hold City harmless from any failure of Consultant to comply with applicable worker's
compensation laws. City shall have the right to offset against the amount of any fees due to
Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this Section 6.
7. Standard of Performance. Consultant shall perform all work at the standard of
care and skill ordinarily exercised by members of the profession under similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers, agents,
volunteers, employees, and attorneys against, and will hold and save them and each of them
harmless from, and all actions, claims, damages to persons or property, penalties, obligations,
or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political
subdivision or other organization arising out of the acts, errors or omissions of Consultant, its
agents, employees, subcontractors„ or invitees, including each person or entity responsible for
the provision of services hereunder..
In the event there is more than one person or entity named in the Agreement as a Consultant,
then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and
several.
9. Insurance. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company admitted to do business
in California and approved by the City (1) a policy or policies of broad -form comprehensive
general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage
against any injury, death, loss or, damage as a result of wrongful or negligent acts by
Consultant, its officers, employees, agents, and independent contractors in performance of
services under this Agreement; (2) property damage insurance with a minimum limit of
$500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage
of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially
cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in
an amount of not less than $1„000,000 per occurrence; and (5) worker's compensation
insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is
greater. City, its officers, employees, attorneys, and volunteers shall be named as additional
insureds on the policy(ies) as to comprehensive general liability, property damage, and
automotive liability. The policy(ies) as to comprehensive general liability, property damage,
and automobile liability shall provide that they are primary, and that any insurance maintained
by the City shall be excess insurance only.
A. All insurance policies; shall provide that the insurance coverage shall not be non -
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty
(30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or
otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant to the
terms of this Agreement; shall be issued by an insurance company which is admitted to do
business in the State of California or which is approved in writing by the City; and shall be
placed with a current A.M. Best's rating of no less that A VII.
C. Consultant shall submit to City (1) insurance certificates indicating compliance
with the minimum worker's compensation insurance requirements above, and (2) insurance
policy endorsements indicating compliance with all other minimum insurance requirements
above, not less that one (1) day prior to beginning of performance under this Agreement.
Endorsements shall be executed on City's appropriate standard forms entitled "Additional
Insured Endorsement", or a substantially similar form which the City has agreed in writing to
accept.
10. Confidentiality. Consultant in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Consultant covenants
that all data, documents, discussion, or other information developed or received by Consultant
or provided for performance of this Agreement are deemed confidential and shall not be
disclosed by Consultant without written authorization by City. City shall grant such
authorization if disclosure is required by law. All City data shall be returned to City upon the
termination of this Agreement. Consultant's covenant under this section shall survive the
termination of this Agreement. (Notwithstanding the foregoing, to the extent Consultant
prepares reports of a proprietary nature specifically for and in connection with certain projects,
the City shall not, except with Consultant's prior written consent, use the same for other
unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City without restriction or
limitation upon its use or dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, director or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner with the
performance of its services hereunder. Consultant further covenants that, in performance of
this Agreement, no person having any such interest shall be employed by it. Furthermore,
Consultant shall avoid the appearance of having any interest which would conflict in any
manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary
or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the
performance of this Agreement. Consultant's covenant under this section shall survive the
termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without cause
upon fifteen (15) days' written notice to the other party. However, Consultant shall not
terminate this Agreement during the provision of services on a particular project. The effective
date of termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event
of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to
the effective date of termination. Immediately upon receiving written notice of termination,
Consultant shall discontinue performing services.
14. Personnel. Consultant represents that it has, or will secure at its own expense,
all personnel required to perform the services under this Agreement. All of the services
required under this Agreement will be performed by Consultant or under it supervision, and all
personnel engaged in the work shall be qualified to perform such services. Consultant
reserves the right to determine the assignment of its own employees to the performance of
Consultant's services under this Agreement, but City reserves the right, for good cause, to
require Consultant to exclude any employee from performing services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or
sexual orientation, in the performance of its services and duties pursuant to this Agreement,
and will comply with all rules and regulations of City relating thereto. Such nondiscrimination
shall include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed
by or on behalf of Consultant state! either that it is an equal opportunity employer or that all
qualified applicants will receive consideration for employment without regard to race, color,
creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap,
medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts for
standard commercial supplies or naw, materials.
16. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without the prior
written consent of City, and any attempt by Consultant to so assign this Agreement or any
rights, duties, or obligations arising hereunder shall be void and of no effect.
17. Performance Evaluation. For any contract in effect for twelve months or longer,
a written annual administrative performance evaluation shall be required within ninety (90)
days of the first anniversary of the: effective date of this Agreement, and each year thereafter
throughout the term of this Agreement. The work product required by this Agreement shall be
utilized as the basis for review, and any comments or complaints received by City during the
review period, either orally or in writing, shall be considered. City shall meet with Consultant
prior to preparing the written report. If any noncompliance with the Agreement is found, City
may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this
Agreement as provided herein.
18. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any
one or more of the conditions of performance under this Agreement shall not be a waiver of
any other condition of performance under this Agreement. In no event shall the making by City
of any payment to Consultant constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the part of Consultant, and the making of any
such payment by City shall in no way impair or prejudice any right or remedy available to City
with regard to such breach or default.
20. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the provisions of
this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its
costs of suit, including reasonable attorney's fees and costs, including costs of expert
witnesses and consultants.
21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall
be deemed received on (a) the day of delivery if delivered by hand during regular business
hours or by facsimile before or during regular business hours; or (b) on the third business day
following deposit in the United Stakes mail, postage prepaid, to the addresses heretofore set
forth in the Agreement, or to such other addresses as the parties may, from time to time,
designate in writing pursuant to the provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
CITY OF DIAMOND BAR
By: By.
Tommye Cribbins, City Clerk
Approved as to form:
City Attorney
"CONSULTANT"
By:
Its:
Carol Herrera, Mayor
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant: and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
Tommye Cribbins, City Clerk
Approved as to form:
City Attorney
"CONSULTANT"
By:
Its: "tei 11-Z�Ies; 40 `A1714-1-
CITY OF DIAMOND BAR
Carol Herrera, Mayor
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of October 23, 2006 by and between the City of Diamond
Bar, a municipal corporation ("City") and Advantec Consulting Engineers, Inc. ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide
consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated
August 18, 2006
B. Consultant represents that it is fully qualified to perform such consulting services by
virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and
conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be
performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated
September 12, 2006 to the City's Request for Proposals.
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 Exhibit "B."
2. Term of Agreement. This Contract shall take effect October 23, 2006, unless earlier
terminated pursuant to the provisions herein.
3. Compensation. 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
"B". Payment will be made only after submission of proper invoices in the form specified by City.
4. General Terms and Conditions. In the event of any inconsistency between the
provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall
control.
5. Addresses.
Com: James DeStefano, City Manager Consultant: Bernard K. Li, P.E.,
City of Diamond Bar Vice President
21825 Copley Drive Advantec Consulting Engineers, Inc.
Diamond Bar, CA 91765-4178 21700 E. Copley Drive, Suite 350
Diamond Bar, CA 91765
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of
City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have
control over the conduct of Consultant or any of Consultant's employees, except as set forth in
this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its
agents or employees are in any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the independent
contractor relationship created by this Agreement. In the event that City is audited by any
Federal or State agency regarding the independent contractor status of Consultant and the audit
in any way fails to sustain the validity of a wholly independent contractor relationship between
City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting
and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding
Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City
harmless from any failure of Consultant to comply with applicable worker's compensation laws.
City shall have the right to offset against the amount of any fees due to Consultant under this
Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly
pay to City any reimbursement or indemnification arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work at the standard of
care and skill ordinarily exercised by members of the profession under similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers, agents,
volunteers, employees, and attorneys against, and will hold and save them and each of them
harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or
liabilities that may be asserted or claimed by any person, firm, entity, corporation, political
subdivision or other organization arising out of the acts, errors or omissions of Consultant, its
agents, employees, subcontractors, or invitees, including each person or entity responsible for
the provision of services hereunder.
In the event there is more than one person or entity named in the Agreement as a Consultant,
then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and
several.
9. Insurance. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company admitted to do business in
California and approved by the City i11) a policy or policies of broad -form comprehensive general
liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against
any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its
officers, employees, agents, and independent contractors in performance of services under this
Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive
liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional
liability insurance (errors and omissions) to cover or partially cover damages that may be the
result of errors, omissions, or negligent acts of Consultant, in an amount of not less than
$1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of
$500,000.00 or the amount required by law, whichever is greater. City, its officers, employees,
attorneys, and volunteers shall tie named as additional insureds on the policy(ies) as to
comprehensive general liability, property damage, and automotive liability. The policy(ies) as to
comprehensive general liability, property damage, and automobile liability shall provide that they
are primary, and that any insurance maintained by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not be non -
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30)
day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise
modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant to the
terms of this Agreement; shall be issued by an insurance company which is admitted to do
business in the State of California or which is approved in writing by the City; and shall be placed
with a current A.M. Best's rating of no less that A VII.
C. Consultant shall submit to City (1) insurance certificates indicating compliance with
the minimum worker's compensation insurance requirements above, and (2) insurance policy
endorsements indicating compliance with all other minimum insurance requirements above, not
less that one (1) day prior to beginning of performance under this Agreement. Endorsements
shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement",
or a substantially similar form which the City has agreed in writing to accept.
10. Confidentiality. Consultant in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Consultant covenants that
all data, documents, discussion, or other information developed or received by Consultant or
provided for performance of this Agreement are deemed confidential and shall not be disclosed
by Consultant without written authorization by City. City shall grant such authorization if
disclosure is required by law. All City data shall be returned to City upon the termination of this
Agreement. Consultant's covenant under this section shall survive the termination of this
Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a
proprietary nature specifically for and in connection with certain projects, the City shall not, except
with Consultant's prior written consent, use the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the performance
of this Agreement shall be and remain the property of City without restriction or limitation upon its
use or dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire
any interest, director or indirect, which may be affected by the services to be performed by
Consultant under this Agreement, or which would conflict in any manner with the performance of
its services hereunder. Consultant further covenants that, in performance of this Agreement, no
person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the
appearance of having any interest which would conflict in any manner with the performance of its
services pursuant to this Agreement:.
B. Consultant covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the
performance of this Agreement. Consultant's covenant under this section shall survive the
termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without cause
upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate
this Agreement during the provision of services on a particular project. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event no date is
specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such
termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective
date of termination. Immediately upon receiving written notice of termination, Consultant shall
discontinue performing services.
14. Personnel. Consultant represents that it has, or will secure at its own expense, all
personnel required to perform the services under this Agreement. All of the services required
under this Agreement will be performed by Consultant or under it supervision, and all personnel
engaged in the work shall be qualified to perform such services. Consultant reserves the right to
determine the assignment of its own employees to the performance of Consultant's services
under this Agreement, but City reserves the right, for good cause, to require Consultant to
exclude any employee from performing services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or
sexual orientation, in the performance of its services and duties pursuant to this Agreement, and
will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall
include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by
or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified
applicants will receive consideration for employment without regard to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition,
or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts for
standard commercial supplies or raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this Agreement
nor the performance of any of Consultant's obligations hereunder, without the prior written
consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties,
or obligations arising hereunder shall be void and of no effect.
17. Performance Evaluation. For any contract in effect for twelve months or longer, a
written annual administrative performance evaluation shall be required within ninety (90) days of
the first anniversary of the effective date of this Agreement, and each year thereafter throughout
the term of this Agreement. The work product required by this Agreement shall be utilized as the
basis for review, and any comments or complaints received by City during the review period,
either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing
the written report. If any noncompliance with the Agreement is found, City may direct Consultant
to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided
herein.
18. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one
or more of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by City of any
payment to Consultant constitute or be construed as a waiver by City of any breach of covenant,
or any default which may then exist on the part of Consultant, and the making of any such
payment by City shall in no way impair or prejudice any right or remedy available to City with
regard to such breach or default.
20. Attorney's Fees. In the event that either party to this Agreement shall commence
any legal or equitable action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs
of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and
consultants.
21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be
deemed received on (a) the day of delivery if delivered by hand during regular business hours or
by facsimile before or during regular business hours; or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the
Agreement, or to such other addresses as the parties may, from time to time, designate in writing
pursuant to the provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the' laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
CITY OF DIAMOND BAR
By: By.
Tommye Cribbins, City Clerk
Approved as to form:
By:
City Attorney
"CONSULTANT"
By:
Its:
Carol Herrera, Mayor
10/12/2005 15:08 9098606722 ADVANTEC PAGE 02
24. Entire Agreement. This Agreement, and any other documents incorporated herein
by specific reference, represent the entire and integrated agreement between Consultant and City.
This Agreement supersedes all prior oral or written negotiations, representations or agreements.
This Agreement may not be amended, nor any provision or breach hereof waived, except in a
writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of
the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this
reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first written above.
,city°
ATTEST:
By:
Tommye Cribbins, City Clerk
Approved as to form;
M
City Attorney
"CONSULTANT"
By: 4AwAA�11-�"
C3�Rr�j�7 �-
Its- V l C% PRZ->1-b,
CITY OF DIAMOND BAR
By:
Carol Herrera, Mayor
CITY COUNCIL
TO: Honorable Mayor and Membe
VIA: James DeStefano, City Ma
Agenda # 6.11
Meeting Date: October 17, 2006
AGENDA REPORT
of„the City Council
TITLE: AWARD ON -CAUL ENGINEERING PLAN CHECK AND INSPECTION
SERVICES CONTRACTS TO (a.) HALL AND FOREMAN, INC., (b.)
NORRIS-REPKE, ZINC., AND (c.) AAE, INC. FOR A PERIOD OF THREE
(3) YEARS, COMMENCING OCTOBER 21, 2006
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
Funding for these services will be provided through developer fees and deposits
associated with the respective development projects. In Fiscal Year 2006/2007 a total
of $135,000.00 has been budgeted for engineering plan check and inspection services.
This amount represents 75% of the funds that are anticipated to be collected from
project applicants. The remaining 25% of funds will be retained by the City to cover the
administrative costs of processing development plans and reports.
BACKGROUND/DISCUSSION:
To supplement the City's professional capabilities, consultant engineering plan check
and inspection services have been utilized by the City on an as -needed basis since
1991. The current consultant service agreements are set to expire on October 21,
2006.
In August 2006, the City issued a Request for Proposals (RFP) inviting consultants to
submit proposals for engineering plan check and inspection services on an as -needed
basis. The objective is to ensure that private subdivision developments are thoroughly
reviewed and managed from the initial pre -planning stages to completion by
establishing and implementing all required conditions of approval consistent with City
standards. To achieve this objective, the City intends to enter into consultant service
agreements with three (3) qualified firms for a period of three (3) years with the
possibility of three (3) additional annual renewals. A total of fifteen (15) RFPs were
mailed to civil engineering consultants and as a result, five (5) proposals were received.
The evaluation committee reviewed the proposals and selected Hall & Foreman, Inc.,
Norris Repke, Inc., and AAE, Inc. to provide the desired services for the City. In order
to provide timely and responsivE: review of development projects, it is beneficial to retain
multiple firms to provide the desired services.
The requested scope of work shall include, but not be limited to:
1) Preparation and monitoring the implementation of project conditions of
approval;
2) Review and approval of site plans and grading plans for development projects;
3) Review and approval cf various subdivision maps and related documents;
4) Inspection and monitoring of grading activities and construction of public
improvements;
5) Maintenance of an established process and turn -around time frame; and
6) Provision of other engineering/development related services as requested by
City staff.
The selected consultants are well versed in applying development standards and have
prior experience with hillside development projects. The assignments to consultants will
be on a rotational basis to ensure equal work load distribution.
The consultants will be compensated at 75 percent of the fees outlined in City Council
Resolution No. 98-28 for the first three (3) plan checks and the first inspection.
Compensation for reviews exceeding three (3) plan checks will be billed to the project
applicant at designated rates for appropriate classifications as highlighted in each
consultants' fee schedule. The fee for any re -inspections will also be based on the
established rate for all consultants.
The existing projects currently being reviewed or inspected under the existing contracts
will continue until the projects are finalized and completed. This approach will ensure
consistent and continuous services to the applicants
PREPARED BY:
Rick Yee, Senior Engineer Date Prepared: October 10, 2006
REVIEWED BY:
Z) -7D' id G. l5u, Director of Public Works
Attachments: Contracts
2
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of October 23, 2006 by and between the City of Diamond Bar,
a municipal corporation ("City") and AAE Incorporated ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide
consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated
August 18, 2006
B. Consultant represents that it is fully qualified to perform such consulting services by virtue
of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions
herein contained, the parties hereto agree as follows:
Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be
performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated
September 15, 2006 to the City's Request for Proposals.
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 Exhibit "B."
2. Term of Agreement. This Contract shall take effect October 23, 2006, unless earlier
terminated pursuant to the provisions herein.
3. Compensation. 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 "B".
Payment will be made only after submission of proper invoices in the form specified by City.
4. General Terms and Conditions. In the event of any inconsistency between the
provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall
control.
5. Addresses.
Com: James DeStefano, City Manager Consultant: John Oskoui, P.E.
City of Diamond Bar Vice President and Principal -In -Charge
21825 Copley Drive AAE Incorporated
Diamond Bar, CA 91765-4178 601 S. Valencia Ave., Ste. 250
Brea, CA 92823
6. Status as Independent Consultant.
A. Consultant lis, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any
of its agents shall have control over the conduct of Consultant or any of Consultant's
employees, except as set forth in this Agreement. Consultant shall not, at any time, or in
any manner, represent that it or any of its agents or employees are in any manner agents or
employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement:, and to indemnify and hold City harmless from any and all
taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. In the event that City is
audited by any Federal or State agency regarding the independent contractor status of
Consultant and the audit in any way fails to sustain the validity of a wholly independent
contractor relationship between City and Consultant, then Consultant agrees to reimburse
City for all costs, including accounting and attorney's fees, arising out of such audit and any
appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to indemnify
and hold City harmless from any failure of Consultant to comply with applicable worker's
compensation laws. City shall have the right to offset against the amount of any fees due to
Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising
under this Section 6.
7. Standard of Performance. Consultant shall perform all work at the standard
of care and skill ordinarily exercised by members of the profession under similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers, agents,
volunteers, employees, and attorneys against, and will hold and save them and each of
them harmless from, and all actions, claims, damages to persons or property, penalties,
obligations, or liabilities that may be asserted or claimed by any person, firm, entity,
corporation, political subdivision or other organization arising out of the acts, errors or
omissions of Consultant, its agents, employees, subcontractors, or invitees, including each
person or entity responsible for the provision of services hereunder.
In the event there is more than one person or entity named in the Agreement as a
Consultant, then all obligations, liabilities, covenants and conditions under this Section 8
shall be joint and several.
9. Insurance. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company admitted to do
business in California and approved by the City (1) a policy or policies of broad -form
comprehensive general liability insurance with minimum limits of $1,000,000.00 combined
single limit coverage against any injury, death, loss or damage as a result of wrongful or
negligent acts by Consultant, its officers, employees, agents, and independent contractors
in performance of services under this Agreement; (2) property damage insurance with a
minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined
single limits coverage of $500,000.00; (4) professional liability insurance (errors and
omissions) to cover or partially cover damages that may be the result of errors, omissions,
or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence;
and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the
amount required by law, whichever is greater. City, its officers, employees, attorneys, and
volunteers shall be named as additional insureds on the policy(ies) as to comprehensive
general liability, property damage, and automotive liability. The policy(ies) as to
comprehensive general liability, property damage, and automobile liability shall provide that
they are primary, and that any insurance maintained by the City shall be excess insurance
only.
A. All insurance policies shall provide that the insurance coverage shall not be
non -renewed, canceled, reduced, or otherwise modified (except through the addition of
additional insureds to the policy) by the insurance carrier without the insurance carrier giving
City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel,
reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant to
the terms of this Agreement; shall be issued by an insurance company which is admitted to
do business in the State of California or which is approved in writing by the City; and shall
be placed with a current A.M. Best's rating of no less that A VII.
C. Consultant shall submit to City (1) insurance certificates indicating compliance
with the minimum worker's compensation insurance requirements above, and (2) insurance
policy endorsements indicating compliance with all other minimum insurance requirements
above, not less that one (1) day prior to beginning of performance under this Agreement.
Endorsements shall be executed on City's appropriate standard forms entitled "Additional
Insured Endorsement", or a substantially similar form which the City has agreed in writing to
accept.
10. Confidentiality. Consultant in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Consultant covenants
that all data, documents, discussion, or other information developed or received by
Consultant or provided for performance of this Agreement are deemed confidential and shall
not be disclosed by Consultant without written authorization by City. City shall grant such
authorization if disclosure is required by law. All City data shall be returned to City upon the
termination of this Agreement. Consultant's covenant under this section shall survive the
termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant
prepares reports of a proprietary nature specifically for and in connection with certain
projects, the City shall not, except with Consultant's prior written consent, use the same for
other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City without restriction or
limitation upon its use or dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, director or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner with
the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest which would
conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a
result of the performance of this ,Agreement. Consultant's covenant under this section shall
survive the termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to the other party. However, Consultant shall
not terminate this Agreement during the provision of services on a particular project. The
effective date of termination shall be upon the date specified in the notice of termination, or,
in the event no date is specified, upon the fifteenth (15th) day following delivery of the
notice. In the event of such termination, City agrees to pay Consultant for services
satisfactorily rendered prior to the effective date of termination. Immediately upon receiving
written notice of termination, Consultant shall discontinue performing services.
14. Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perform the services under this Agreement. All of the
services required under this Agreement will be performed by Consultant or under it
supervision, and all personnel engaged in the work shall be qualified to perform such
services. Consultant reserves the right to determine the assignment of its own employees
to the performance of Consultant's services under this Agreement, but City reserves the
right, for good cause, to require Consultant to exclude any employee from performing
services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical condition,
or sexual orientation, in the performance of its services and duties pursuant to this
Agreement, and will comply with all rules and regulations of City relating thereto. Such
nondiscrimination shall include but not be limited to the following: employment, upgrading,
demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer or
that all qualified applicants will receive consideration for employment without regard to race,
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts for
standard commercial supplies or raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without the
prior written consent of City, and any attempt by Consultant to so assign this Agreement or
any rights, duties, or obligations arising hereunder shall be void and of no effect.
17. Performance Evaluation. For any contract in effect for twelve months or
longer, a written annual administrative performance evaluation shall be required within
ninety (90) days of the first annliversary of the effective date of this Agreement, and each
year thereafter throughout the term of this Agreement. The work product required by this
Agreement shall be utilized as the basis for review, and any comments or complaints
received by City during the review period, either orally or in writing, shall be considered.
City shall meet with Consultant prior to preparing the written report. If any noncompliance
with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in
the alternative, may terminate this Agreement as provided herein.
18. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any
one or more of the conditions of performance under this Agreement shall not be a waiver of
any other condition of performance under this Agreement. In no event shall the making by
City of any payment to Consultant constitute or be construed as a waiver by City of any
breach of covenant, or any default which may then exist on the part of Consultant, and the
making of any such payment by City shall in no way impair or prejudice any right or remedy
available to City with regard to such breach or default.
20. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the provisions
of this Agreement, the prevailing party in such action or proceeding shall be entitled to
recover its costs of suit, including reasonable attorney's fees and costs, including costs of
expert witnesses and consultants,
21. Notices. Any notices, bills, invoices, or reports required by this Agreement
shall be deemed received on (a) the day of delivery if delivered by hand during regular
business hours or by facsimile before or during regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from
time to time, designate in writing pursuant to the provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and enforced
in accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together shall
constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents incorporated
herein by specific reference, represent the entire and integrated agreement between
Consultant and City. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be amended, nor any provision or
breach hereof waived, except in a writing signed by the parties which expressly refers to this
Agreement. Amendments on behalf of the City will only be valid if signed by the City
Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by
this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
"City"
ATTEST:
CITY OF DIAMOND BAR
By: By.
Tommye Cribbins, City Clerk Carol Herrera, Mayor
Approved as to form:
OR
City Attorney
"CONSULTANT"
By:
Its:
OCT -12-2006 18:12 From:
To:9098613117 P.2/2
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together shall
constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents incorporated
herein by specific reference, represent the entire and integrated agreement between
Consultant and City. This Agreement supersedes all prior oral or written negotiations,
representations or agreements_ This Agreement may not be amended, nor any provision or
breach hereof waived, except in a writing signed by the parties which expressly refers to this
Agreement. Amendments on behalf of the City will only be valid if signed by the City
Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exNbits referred to in this Agreement are incorporated herein by
this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
II city 11
ATTEST:
A
Tommye Cribbins, City Clerk
Approved as to form:
By:
City Attorney
"CONSULTANT"
By: `IJ i I.
t.
CITY OF DIAMOND BAR
Carol Herrera, Mayor
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of October 23, 2006 by and between the City of
Diamond Bar, a municipal corporation ("City") and Hall & Foreman, Inc. ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor
to provide consulting services to City as set forth in Exhibit "A", the City's Request for
Proposals dated August 18, 20C16
B. Consultant represents that it is fully qualified to perform such consulting
services by virtue of its experience and the training, education and expertise of its
principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services
to be performed by Consultant are as described in Exhibit "B" the Consultant's
Response, dated September 12, 2006 to the City's Request for Proposals.
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 Exhibit "B."
2. Term of Agreement. This Contract shall take effect October 23, 2006,
unless earlier terminated pursuant to the provisions herein.
3. Compensation. 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 "B". Payment will be made only after submission of proper invoices in
the form specified by City.
4. General Terms and Conditions. In the event of any inconsistency
between the provisions of this Agreement and Consultant's proposal, the provisions of
this Agreement shall control.
5. Addresses.
Com: James DeStefano, City Manager Consultant: Alan Palermo, Principal
City of DiamondBar Hall & Foreman, Inc.
21825 Copley Drive 400 Exchange, Suite 100
Diamond Bar, CA 91765-4178 Irvine, CA 92602-1301
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Agreement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable worker's compensation laws. City shall have the right to offset against the
amount of any fees due to Consultant under this Agreement any amount due to City
from Consultant as a result of Consultant's failure to promptly pay to City any
reimbursement or indemnification arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers,
agents, volunteers, employees, and attorneys against, and will hold and save them and
each of them harmless from, and all actions, claims, damages to persons or property,
penalties, obligations, or liabilities that may be asserted or claimed by any person, firm,
entity, corporation, political subdivision or other organization arising out of the acts,
errors or omissions of Consultant, its agents, employees, subcontractors, or invitees,
including each person or entity responsible for the provision of services hereunder.
In the event there is more than one person or entity named in the Agreement as a
Consultant, then all obligations, liabilities, covenants and conditions under this Section 8
shall be joint and several.
9. Insurance. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company admitted to
do business in California and approved by the City (1) a policy or policies of broad -form
commercial general liability insurance with minimum limits of $1,000,000.00 combined
single limit coverage against any injury, death, loss or damage as a result of wrongful or
negligent acts by Consultant:, its officers, employees, agents, and independent
contractors in performance of services under this Agreement; (2) property damage
insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with
minimum combined single limits coverage of $500,000.00; (4) professional liability
insurance (errors and omissions) to cover or partially cover damages that may be the
result of errors, omissions, or negligent acts of Consultant, in an amount of not less than
$1,000,000 per claim; and (5) worker's compensation insurance with a minimum limit of
$500,000.00 or the amount required by law, whichever is greater. City, its officers,
employees, attorneys, and volunteers shall be named as additional insureds on the
policy(ies) as to commercial general liability, property damage, and automotive liability.
The policy(ies) as to commercial general liability, property damage, and automobile
liability shall provide that they are primary, and that any insurance maintained by the
City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not
be non-renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not
cancel, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement:; shall be issued by an insurance company which is
admitted to do business in the rotate of California or which is approved in writing by the
City; and shall be placed with a current A.M. Best's rating of no less that A VII.
C. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements above,
and (2) insurance policy endorsements indicating compliance with all other minimum
insurance requirements above„ not less that one (1) day prior to beginning of
performance under this Agreement. Endorsements shall be executed on City's
appropriate standard forms entitled "Additional Insured Endorsement", or a substantially
similar form which the City has agreed in writing to accept.
10. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City without
restriction or limitation upon its use or dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, director or indirect, which may be affected by the services to be
performed by Consultant under, this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to the other party. However, Consultant
shall not terminate this Agreement during the provision of services on a particular
project. The effective date of termination shall be upon the date specified in the notice
of termination, or, in the event no date is specified, upon the fifteenth (15th) day
following delivery of the notice. In the event of such termination, City agrees to pay
Consultant for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue
performing services.
14. Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perform the services under this Agreement. All of the
services required under this Agreement will be performed by Consultant or under it
supervision, and all personnel engaged in the work shall be qualified to perform such
services. Consultant reserves the right to determine the assignment of its own
employees to the performance of Consultant's services under this Agreement, but City
reserves the right, for good cause, to require Consultant to exclude any employee from
performing services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall incllude but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants willl receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties„ or obligations arising hereunder shall be void and of no
effect.
17. Performance Evaluation. For any contract in effect for twelve months or
longer, a written annual administrative performance evaluation shall be required within
ninety (90) days of the first anniversary of the effective date of this Agreement, and
each year thereafter throughout the term of this Agreement. The work product required
by this Agreement shall be utilized as the basis for review, and any comments or
complaints received by City during the review period, either orally or in writing, shall be
considered. City shall meet with Consultant prior to preparing the written report. If any
noncompliance with the Agreement is found, City may direct Consultant to correct the
inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
18. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
provisions of this Agreement, thE� prevailing party in such action or proceeding shall be
entitled to recover its costs of suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and consultants.
21. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses hereirofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the: laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
IN WITNESS WHE=REOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
CITY OF DIAMOND BAR
By: _ By.
Tommye Cribbins, City Clerk
Approved as to form:
By: _
City Attorney
"CONSULTANT"
By:
Its:
Carol Herrera, Mayor
10/t3/2006 08:11 FAX 714 665 4501 HALL & FOREMAN INC. 1a002
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the: laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST: CITY OF 6IAMOND BAR
0
_ By:
Tommye Cribbins, City Clerk Carol Herrera, Mayor
Approved as to form:
By:
City Attorney
"CONSULTANT" HA 4L � FZV C—
B y:
.
By: -A, I
A LAS
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of October 23, 2006 by and between the City of
Diamond Bar, a municipal corporation ("City") and Norris-Repke ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor
to provide consulting services to City as set forth in Exhibit "A", the City's Request for
Proposals dated August 18, 2006
B. Consultant represents that it is fully qualified to perform such consulting
services by virtue of its experience and the training, education and expertise of its
principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained„ the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services
to be performed by Consultant are as described in Exhibit "B" the Consultant's
Response, dated _September 12, 2006 to the City's Request for Proposals.
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 Exhibit "B."
2. Term of Agreement. This Contract shall take effect October 23, 2006,
unless earlier terminated pursuant to the provisions herein.
3. Compensation. 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 "B". Payment will be made only after submission of proper invoices in
the form specified by City.
4. General Terms and Conditions. In the event of any inconsistency
between the provisions of this Agreement and Consultant's proposal, the provisions of
this Agreement shall control.
5. Addresses.
Com: James DeStefano, City Manager Consultant: Kamran Saber, Principal
City of Diamond Bar Norris-Repke
21825 Copley Drive 400 North Tustin Ave., Suite 230
Diamond Bar, CA 91765-4178 Santa Ana, CA 92705
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Agreement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable worker's compensation laws. City shall have the right to offset against the
amount of any fees due to Consultant under this Agreement any amount due to City
from Consultant as a result of Consultant's failure to promptly pay to City any
reimbursement or indemnification arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers,
agents, volunteers, employees, and attorneys against, and will hold and save them and
each of them harmless from, and all actions, claims, damages to persons or property,
penalties, obligations, or liabilities that may be asserted or claimed by any person, firm,
entity, corporation, political subdivision or other organization arising out of the negligent
or wrongful acts, errors or omissions of Consultant, its agents, employees,
subcontractors, or invitees, including each person or entity responsible for the provision
of services hereunder.
In the event there is more than one person or entity named in the Agreement as a
Consultant, then all obligations, liabilities, covenants and conditions under this Section 8
shall be joint and several.
9. Insurance. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company admitted to
do business in California and approved by the City (1) a policy or policies of broad -form
comprehensive general liability insurance with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement; (2) property
damage insurance with a minimum limit of $500,000.00; (3) automotive liability
insurance, with minimum combined single limits coverage of $500,000.00; (4)
professional liability insurance (errors and omissions) to cover or partially cover
damages that may be the result of errors, omissions, or negligent acts of Consultant, in
an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation
insurance with a minimum limit of $500,000.00 or the amount required by law,
whichever is greater. City, its officers, employees, attorneys, and volunteers shall be
named as additional insureds on the policy(ies) as to comprehensive general liability,
property damage, and automotive liability. The policy(ies) as to comprehensive general
liability, property damage, and automobile liability shall provide that they are primary,
and that any insurance maintained by the City shall be excess insurance only.
A. All insurance policlies shall provide that the insurance coverage shall not
be canceled by the insurance carrier without the insurance carrier giving City thirty (30)
day's prior written notice thereof or ten (10) days prior written notice if canceled for non-
payment. Consultant agrees that it will not cancel, reduce or otherwise modify the
insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement; shall be issued by an insurance company which is
admitted to do business in the State of California or which is approved in writing by the
City; and shall be placed with a current A.M. Best's rating of no less that A VII.
C. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements above,
and (2) insurance policy endorsements indicating compliance with all other minimum
insurance requirements above, not less that one (1) day prior to beginning of
performance under this Agreement. Endorsements shall be executed on City's
appropriate standard forms entitled "Additional Insured Endorsement", or a substantially
similar form which the City has agreed in writing to accept.
10. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
CIrmance of this Agreement shall be and remain the property of City without
.tion or limitation upon its use or dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, director or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to the other party. However, Consultant
shall not terminate this Agreement during the provision of services on a particular
project. The effective date of termination shall be upon the date specified in the notice
of termination, or, in the event no date is specified, upon the fifteenth (15th) day
following delivery of the notice. In the event of such termination, City agrees to pay
Consultant for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue
performing services.
14. Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perform the services under this Agreement. All of the
services required under this Agreement will be performed by Consultant or under it
supervision, and all personnel engaged in the work shall be qualified to perform such
services. Consultant reserves the right to determine the assignment of its own
employees to the performance of Consultant's services under this Agreement, but City
reserves the right, for good cause, to require Consultant to exclude any employee from
performing services on City's prernises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
17. Performance Evaluation. For any contract in effect for twelve months or
longer, a written annual administrative performance evaluation shall be required within
ninety (90) days of the first anniversary of the effective date of this Agreement, and
each year thereafter throughout the term of this Agreement. The work product required
by this Agreement shall be utilized as the basis for review, and any comments or
complaints received by City during the review period, either orally or in writing, shall be
considered. City shall meet with Consultant prior to preparing the written report. If any
noncompliance with the Agreement is found, City may direct Consultant to correct the
inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
18. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or proceeding shall be
entitled to recover its costs of suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and consultants.
21. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or Ibreach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
CITY OF DIAMOND BAR
By: _ By.
Tommye Cribbins, City Clerk
Approved as to form:
:3
City Attorney
"CONSULTANT"
By:
Its:
Carol Herrera, Mayor
Sent By: NORRIS REPKE; 7149732263; Oct -12-06 1:26PM; Page 2/2
23. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be the original, and all of which together shall constitute one
and the same instrument_
24. Entire Agreement. This Agreement, and any other documents incorporated
herein by specific reference, represent the entire and integrated agreement between
Consultant and City, This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be amended, nor any provision or
breach hereof waived, except in a writing signed by the parties which expressly refers to this
Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager
or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by
this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
"City"
ATTEST:
By:
Tommye Cribbins, City Clerk
Approved as to form:
By:
City Attorney
CITY OF DIAMOND BAR
Carol Herrera, Mayor
"CSULTANT"
By.
Its: -sex, I—rg-4WA.SU"—jL---
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured ("Named Insured):
Name and address of Insurance; Company ("Company'):
CITY COUNCIL
Agenda # 6.12
Meeting Date: October 17, 2006
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana e
TITLE: AWARD ON-CALL SOILS ND GEOTECHNICAL SERVICE
CONTRACTS TO (a.) LEIGHT N AND ASSOCIATES, INC. (b.)
ARROYO GEOTECHNICAL, AND (c.) NINYO AND MOORE FOR A
PERIOD OF THREE (3) YEARS, COMMENCING OCTOBER 21, 2006
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
For development related projects, funding will be provided through developer fees and
deposits paid by the applicant prior to the plan/report review stage. For soils and
geotechnical engineering services, the 2006/2007 fiscal year budget includes $50,000
for these services.
BACKGROUND/DISCUSSION:
To supplement the City's professional capabilities, soils and geotechnical engineering
services have been utilized by the City on an as -needed basis. The current consultant
service agreements are set to expire on October 21, 2006.
In August 2006, the City issued a Request for Proposals (RFP) inviting consultants to
submit proposals for soils and geotechnical engineering services on an as -needed
basis. The City intends to enter into consultant service agreements with three (3)
qualified firms for a period of three (3) years with the possibility of three (3) additional
annual renewals. A total of four (4) RFPs were mailed to soils and geotechnical
engineering consultants and as a result, four (4) proposals were received. The
evaluation committee reviewed the proposals and selected Leighton & Associates, Inc.,
(b.) Arroyo Geotechnical, and (c.) Ninyo & Moore to provide the desired services for the
City. In order to provide timely and responsive review of development projects, it is
beneficial to retain multiple firms to provide the desired services.
The scope of services to be provided include: review and recommendation of various
soils investigations, geotechnical, engineering geology, and environmental remediation
reports which pertain to development and capital projects, pavement testing and
analysis, soils investigation and compaction testing, and other related services as
requested by the City which pertain to development and capital projects.
Compensation will be in accordance with City Fee Resolution No. 98-28 and the
appropriate classification of service provided pursuant to each consultant's fee
schedule. Deposits are received at the time of project submittal and consultant fees
are drawn from the deposit account on an actual cost basis.
PREPARED BY:
Rick Yee, Senior Engineer Date Prepared: October 10, 2006
REVIEWED BY:
�, _
IZ�id iu, Director of Public Works
Attachments: Contracts
2
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of October 23, 2006 by and between the City of Diamond Bar,
a municipal corporation ("City") and Arroyo Geotechnical ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide
consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated
August 18, 2006
B. Consultant represents that it is fully qualified to perform such consulting services by virtue
of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions
herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be
performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated
September 6, 2006 to the City's Request for Proposals.
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 Exhibit "B."
2. Term of Agreement. This Contract shall take effect October 23, 2006, unless earlier
terminated pursuant to the provisions herein.
3. Compensation. 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 "B".
Payment will be made only after submission of proper invoices in the form specified by City.
4. General Terms and Conditions. In the event of any inconsistency between the
provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall
control.
5. Addresses.
Com: James DeStefano, City Manager Consultant: Ross Khiabani, P.E.,G.E.
City of Diamond Bar President and CEO
21825 Copley Drive Arroyo Geotechnical
Diamond Bar, CA 91765-4178 1515 South Sunkist Street, Suite E
Anaheim, CA 92806
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no (power to incur any debt, obligation, or liability on behalf of City
or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control
over the conduct of Consultant or any of Consultant's employees, except as set forth in this
Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents
or employees are in any manner agents or employees of City.
B. Consultant agree; to pay all required taxes on amounts paid to Consultant under
this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments,
penalties, and interest asserted against City by reason of the independent contractor relationship
created by this Agreement. In the event that City is audited by any Federal or State agency regarding
the independent contractor status of Consultant and the audit in any way fails to sustain the validity of
a wholly independent contractor relationship between City and Consultant, then Consultant agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and
any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding
Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City
harmless from any failure of Consultant to comply with applicable worker's compensation laws. City
shall have the right to offset against the amount of any fees due to Consultant under this Agreement
any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any
reimbursement or indemnification arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work at the standard of care
and skill ordinarily exercised by members of the profession under similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers, agents,
volunteers, employees, and attorneys against, and will hold and save them and each of them
harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or
liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision
or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees,
subcontractors, or invitees, including each person or entity responsible for the provision of services
hereunder.
In the event there is more than one person or entity named in the Agreement as a Consultant, then all
obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several.
9. Insurance. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company admitted to do business in
California and approved by the City (1) a policy or policies of broad -form comprehensive general
liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any
injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers,
employees, agents, and independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability
insurance, with minimum combined dingle limits coverage of $500,000.00; (4) professional liability
insurance (errors and omissions) to cover or partially cover damages that may be the result of errors,
omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence;
and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required
by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named
as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and
automotive liability. The policy(ies) as to comprehensive general liability, property damage, and
automobile liability shall provide that they are primary, and that any insurance maintained by the City
shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not be non -
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30)
day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify
the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms
of this Agreement; shall be issued by an insurance company which is admitted to do business in the
State of California or which is approved in writing by the City; and shall be placed with a current A.M.
Best's rating of no less that A VI I.
C. Consultant shall submit to City (1) insurance certificates indicating compliance with the
minimum worker's compensation insurance requirements above, and (2) insurance policy
endorsements indicating compliance with all other minimum insurance requirements above, not less
that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be
executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a
substantially similar form which the City has agreed in writing to accept.
10. Confidentiality. Consultant in the course of its duties may have access to confidential
data of City, private individuals, or employees of the City. Consultant covenants that all data,
documents, discussion, or other information developed or received by Consultant or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by Consultant
without written authorization by City. City shall grant such authorization if disclosure is required by
law. All City data shall be returned to City upon the termination of this Agreement. Consultant's
covenant under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in
connection with certain projects, the City shall not, except with Consultant's prior written consent, use
the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the performance of
this Agreement shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any
interest, director or indirect, which may be affected by the services to be performed by Consultant
under this Agreement, or which would conflict in any manner with the performance of its services
hereunder. Consultant further covenants that, in performance of this Agreement, no person having
any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of
having any interest which would conflict in any manner with the performance of its services pursuant
to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the
performance of this Agreement. Consultant's covenant under this section shall survive the
termination of this Agreement.
13. Termination. Either pairty may terminate this Agreement with or without cause upon
fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this
Agreement during the provision of services on a particular project. The effective date of termination
shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon
the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees
to pay Consultant for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue performing
services.
14. Personnel. Consultant represents that it has, or will secure at its own expense, all
personnel required to perform the services under this Agreement. All of the services required under
this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in
the work shall be qualified to perform such services. Consultant reserves the right to determine the
assignment of its own employees to the performance of Consultant's services under this Agreement,
but City reserves the right, for good cause, to require Consultant to exclude any employee from
performing services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall riot discriminate as to race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement, and will comply
with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be
limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment
advertising; layoff or termination; raters of pay or other forms of compensation; and selection for
training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or
on behalf of Consultant state either that it is an equal opportunity employer or that all qualified
applicants will receive consideration for employment without regard to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or
sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts
for any work covered by this Agreement except contracts or subcontracts for standard commercial
supplies or raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor
the performance of any of Consultant's obligations hereunder, without the prior written consent of
City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations
arising hereunder shall be void and of no effect.
17. Performance Evaluation. For any contract in effect for twelve months or longer, a
written annual administrative performance evaluation shall be required within ninety (90) days of the
first anniversary of the effective date of this Agreement, and each year thereafter throughout the term
of this Agreement. The work product: required by this Agreement shall be utilized as the basis for
review, and any comments or complaints received by City during the review period, either orally or in
writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If
any noncompliance with the Agreement is found, City may direct Consultant to correct the
inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances,
codes and regulations of the federal, skate, and local governments.
19. Non-Waiver of Terms, (Rights and Remedies. Waiver by either party of any one or
more of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by City of any payment
to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default
which may then exist on the part of Consultant, and the making of any such payment by City shall in
no way impair or prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney's Fees. In the event that either party to this Agreement shall commence any
legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including
reasonable attorney's fees and costs, including costs of expert witnesses and consultants.
21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be
deemed received on (a) the day of delivery if delivered by hand during regular business hours or by
facsimile before or during regular business hours; or (b) on the third business day following deposit in
the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to
such other addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed to be the original, and all of which together shall constitute one and the
same instrument.
24. Entire Agreement. This Agreement, and any other documents incorporated herein
by specific reference, represent the entire and integrated agreement between Consultant and
City. This Agreement supersedes all prior oral or written negotiations, representations or
agreements. This Agreement may not be amended, nor any provision or breach hereof waived,
except in a writing signed by the parties which expressly refers to this Agreement. Amendments
on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by
the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this
reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first written above.
"C ity"
ATTEST:
CITY OF DIAMOND BAR
By: By
Tommye Cribbins, City Clerk
Approved as to form:
City Attorney
"CONSULTANT"
By:
Its:
Carol Herrera, Mayor
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by spec1ic reference, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or ibreach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
In
Tommye Cribbins, City Cleric
Approved as to form:
am
City Attorney
"CONSULTANT"
r.
By -'
Its:l
CITY OF DIAMOND BAR
0
Carol Herrera, Mayor
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of October 23, 2006 by and between the City of
Diamond Bar, a municipal corporation ("City") and Leighton and Associates ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to
provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals
dated August 18, 2006
B. Consultant represents that it is fully qualified to perform such consulting services by
virtue of its experience and the: training, education and expertise of its principals and
employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and
conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be
performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated
September 7, 2006 to the City's Request for Proposals.
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 Exhibit "B."
2. Term of Agreement. This Contract shall take effect October 23, 2006, unless
earlier terminated pursuant to the provisions herein.
3. Compensation. 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 "B". Payment will be made only after submission of proper invoices in the form
specified by City.
4. General Terms and Conditions. In the event of any inconsistency between the
provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall
control.
5. Addresses.
Com: James DeStefano, City Manager Consultant: David C. Smith, P.E.
City of Diamond Bar Senior Principal
21825 Copley Drive Leighton and Associates
Diamond Bar, CA 91765-4178 10532 Acacia Street, Suite B-6
Rancho Cucamonga, CA 91730
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of
its agents shall have control over the conduct of Consultant or any of Consultant's employees,
except as set forth in this Agreement. Consultant shall not, at any time, or in any manner,
represent that it or any of its agents or employees are in any manner agents or employees of
City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the independent
contractor relationship created by this Agreement. In the event that City is audited by any
Federal or State agency regarding the independent contractor status of Consultant and the
audit in any way fails to sustain the validity of a wholly independent contractor relationship
between City and Consultant, then Consultant agrees to reimburse City for all costs, including
accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and
hold City harmless from any failure of Consultant to comply with applicable worker's
compensation laws. City shall have the right to offset against the amount of any fees due to
Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this Section 6.
7. Standard of Performance. Consultant shall perform all work at the standard of
care and skill ordinarily exercised by members of the profession under similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers, agents,
volunteers, employees, and attorneys against, and will hold and save them and each of them
harmless from, and all actions, claims, damages to persons or property, penalties, obligations,
or liabilities that may be claimed by any person, firm, entity, corporation, political subdivision or
other organization arising out of the negligent or wrongful acts, errors or omissions of
Consultant, its agents, employees, subcontractors, or invitees, including each person or entity
responsible for the provision of services hereunder.
In the event there is more than one person or entity named in the Agreement as a Consultant,
then all obligations, liabilities, coveriants and conditions under this Section 8 shall be joint and
several.
9. Insurance. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company admitted to do business
in California and approved by the City (1) a policy or policies of broad -form comprehensive
general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage
against any injury, death, loss or damage as a result of wrongful or negligent acts by
Consultant, its officers, employees, agents, and independent contractors in performance of
services under this Agreement; (21) property damage insurance with a minimum limit of
$500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage
of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially
cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in
an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation
insurance with a minimum limit oi` $500,000.00 or the amount required by law, whichever is
greater. City, its officers, employees, attorneys, and volunteers shall be named as additional
insureds on the policy(ies) as to comprehensive general liability, property damage, and
automotive liability. The policy(ies) as to comprehensive general liability, property damage,
and automobile liability shall provide that they are primary, and that any insurance maintained
by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not be non -
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty
(30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or
otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant to the
terms of this Agreement; shall be issued by an insurance company which is admitted to do
business in the State of California or which is approved in writing by the City; and shall be
placed with a current A.M. Best's rating of no less that A VII.
C. Consultant shall submit to City (1) insurance certificates indicating compliance
with the minimum worker's compensation insurance requirements above, and (2) insurance
policy endorsements indicating compliance with all other minimum insurance requirements
above, not less that one (1) day prior to beginning of performance under this Agreement.
Endorsements shall be executed on City's appropriate standard forms entitled "Additional
Insured Endorsement", or a substantially similar form which the City has agreed in writing to
accept.
10. Confidentiality. Consultant in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Consultant covenants
that all data, documents, discussion, or other information developed or received by Consultant
or provided for performance of this Agreement are deemed confidential and shall not be
disclosed by Consultant without written authorization by City. City shall grant such
authorization if disclosure is required by law. All City data shall be returned to City upon the
termination of this Agreement. Consultant's covenant under this section shall survive the
termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant
prepares reports of a proprietary nature specifically for and in connection with certain projects,
the City shall not, except with Consultant's prior written consent, use the same for other
unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, director or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner with the
performance of its services hereunder. Consultant further covenants that, in performance of
this Agreement, no person having any such interest shall be employed by it. Furthermore,
Consultant shall avoid the appearance of having any interest which would conflict in any
manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary
or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the
performance of this Agreement. Consultant's covenant under this section shall survive the
termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without cause
upon fifteen (15) days' written notice to the other party. However, Consultant shall not
terminate this Agreement during the provision of services on a particular project. The effective
date of termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event
of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to
the effective date of termination. Immediately upon receiving written notice of termination,
Consultant shall discontinue performing services.
14. Personnel. Consultant represents that it has, or will secure at its own expense,
all personnel required to perform the services under this Agreement. All of the services
required under this Agreement will be performed by Consultant or under it supervision, and all
personnel engaged in the work shall be qualified to perform such services. Consultant
reserves the right to determine the assignment of its own employees to the performance of
Consultant's services under this Agreement, but City reserves the right, for good cause, to
require Consultant to exclude any employee from performing services on City's premises.
15. Non -Discrimination .and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or
sexual orientation, in the performance of its services and duties pursuant to this Agreement,
and will comply with all rules and regulations of City relating thereto. Such nondiscrimination
shall include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed
by or on behalf of Consultant state either that it is an equal opportunity employer or that all
qualified applicants will receive consideration for employment without regard to race, color,
creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap,
medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts for
standard commercial supplies or raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without the prior
written consent of City, and any attempt by Consultant to so assign this Agreement or any
rights, duties, or obligations arising hereunder shall be void and of no effect.
17. Performance Evaluation. For any contract in effect for twelve months or longer,
a written annual administrative performance evaluation shall be required within ninety (90)
days of the first anniversary of the effective date of this Agreement, and each year thereafter
throughout the term of this Agreement. The work product required by this Agreement shall be
utilized as the basis for review, and any comments or complaints received by City during the
review period, either orally or in writing, shall be considered. City shall meet with Consultant
prior to preparing the written report. If any noncompliance with the Agreement is found, City
may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this
Agreement as provided herein.
18. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any
one or more of the conditions of performance under this Agreement shall not be a waiver of
any other condition of performance under this Agreement. In no event shall the making by City
of any payment to Consultant constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the part of Consultant, and the making of any
such payment by City shall in no way impair or prejudice any right or remedy available to City
with regard to such breach or default.
20. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the provisions of
this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its
costs of suit, including reasonable attorney's fees and costs, including costs of expert
witnesses and consultants.
21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall
be deemed received on (a) the day of delivery if delivered by hand during regular business
hours or by facsimile before or during regular business hours; or (b) on the third business day
following deposit in the United States mail, postage prepaid, to the addresses heretofore set
forth in the Agreement, or to such other addresses as the parties may, from time to time,
designate in writing pursuant to the provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant: and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
CITY OF DIAMOND BAR
By: _ By.
Tommye Cribbins, City Clerk
Approved as to form:
By: _
City Attorney
"CONSULTANT"
Carol Herrera, Mayor
10/12/2006 14:36 FAX 9094842170 RANCHO CUCAMONGA [a002/002
23- Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be the original, and all of which together shall constitute one
and the same instrument.
24. Entire Agreement:. This Agreement, and any other documents incorporated
herein by specific reference, represent the entire and integrated agreement between
Consultant and City. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be amended, nor any provision or
breach hereof waived, except in a writing signed by the parties which expressly refers to this
Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager
or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by
this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
"City"
ATTEST:
CITY OF DIAMOND BAR
By: By.
Tommye Cribbins, City Clerk
Approved as to form:
By:
City Attorney
Carol Herrera, Mayor
"CONSULTANT"
By:
Its: (�cc
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
rvame and address of named insured rNamed Insured'):
nrame and address of Insurance Company ("Company'):
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of October 23, 2006 by and between the City of
Diamond Bar, a municipal corporation ("City") and Ninyo & Moore ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to
provide consulting services to City as set forth in Exhibit "A", the City's Request for
Proposals dated August 18, 2006
B. Consultant represents that it is fully qualified to perform such consulting services
by virtue of its experience and the training, education and expertise of its principals and
employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and
conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be
performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated
September 12, 2006 to the City's Request for Proposals.
B. Level of Sentices/Time of Performance. The level of and time of the
specific services to be performed by Consultant are as set forth in Exhibit "B."
2. Term of Agreement. This Contract shall take effect October 23, 2006, unless
earlier terminated pursuant to the provisions herein.
3. Compensation. 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 "B". Payment will be made only after submission of proper invoices in the
form specified by City.
4. General Terms and Conditions. In the event of any inconsistency between
the provisions of this Agreement and Consultant's proposal, the provisions of this
Agreement shall control.
5. Addresses.
Com: James DeStefano, City Manager Consultant: Jalal Vakili, Ph.D., P.E.
City of Diamond Bar Ninyo & Moore
21825 Copley Drive 1701 S. Grove Ave., Suite J
Diamond Bar, CA 91765-4178 Ontario, CA 91761
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any
of its agents shall have control) over the conduct of Consultant or any of Consultant's
employees, except as set forth in this Agreement. Consultant shall not, at any time, or in
any manner, represent that it or any of its agents or employees are in any manner agents or
employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any and all
taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. In the event that City is
audited by any Federal or State agency regarding the independent contractor status of
Consultant and the audit in any way fails to sustain the validity of a wholly independent
contractor relationship between City and Consultant, then Consultant agrees to reimburse
City for all costs, including accounting and attorney's fees, arising out of such audit and any
appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to indemnify
and hold City harmless from any failure of Consultant to comply with applicable worker's
compensation laws. City shall have the right to offset against the amount of any fees due to
Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising
under this Section 6.
7. Standard of Performance. Consultant shall perform all work at the standard
of care and skill ordinarily exercised by members of the profession under similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers, agents,
volunteers, employees, and attorneys against, and will hold and save them and each of
them harmless from, and all actions, claims, damages to persons or property, penalties,
obligations, or liabilities that may be asserted or claimed by any person, firm, entity,
corporation, political subdivision or other organization arising out of the acts, errors or
omissions of Consultant, its agents, employees, subcontractors, or invitees, including each
person or entity responsible for the provision of services hereunder.
In the event there is more than one person or entity named in the Agreement as a
Consultant, then all obligations, liabilities, covenants and conditions under this Section 8
shall be joint and several.
9. Insurance. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company admitted to do
business in California and approved by the City (1) a policy or policies of broad -form
comprehensive general liability insurance with minimum limits of $1,000,000.00 combined
single limit coverage against any injury, death, loss or damage as a result of wrongful or
negligent acts by Consultant, its officers, employees, agents, and independent contractors
in performance of services under this Agreement; (2) property damage insurance with a
minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined
single limits coverage of $500,000.00; (4) professional liability insurance (errors and
omissions) to cover or partially cover damages that may be the result of errors, omissions,
or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence;
and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the
amount required by law, whichever is greater. City, its officers, employees, attorneys, and
volunteers shall be named as additional insureds on the policy(ies) as to comprehensive
general liability, property damage, and automotive liability. The policy(ies) as to
comprehensive general liability, property damage, and automobile liability shall provide that
they are primary, and that any insurance maintained by the City shall be excess insurance
only.
A. All insurance policies shall provide that the insurance coverage shall not be
non -renewed, canceled, reduced, or otherwise modified (except through the addition of
additional insureds to the policy) by the insurance carrier without the insurance carrier giving
City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel,
reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant to
the terms of this Agreement; shall be issued by an insurance company which is admitted to
do business in the State of California or which is approved in writing by the City; and shall
be placed with a current A.M. Best's rating of no less that A VII.
C. Consultant shall submit to City (1) insurance certificates indicating compliance
with the minimum worker's compensation insurance requirements above, and (2) insurance
policy endorsements indicating compliance with all other minimum insurance requirements
above, not less that one (1) day prior to beginning of performance under this Agreement.
Endorsements shall be executed on City's appropriate standard forms entitled "Additional
Insured Endorsement", or a substantially similar form which the City has agreed in writing to
accept.
10. Confidentiality. Consultant in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Consultant covenants
that all data, documents, discussion, or other information developed or received by
Consultant or provided for performance of this Agreement are deemed confidential and shall
not be disclosed by Consultant without written authorization by City. City shall grant such
authorization if disclosure is required by law. All City data shall be returned to City upon the
termination of this Agreement. Consultant's covenant under this section shall survive the
termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant
prepares reports of a proprietary nature specifically for and in connection with certain
projects, the City shall not, except with Consultant's prior written consent, use the same for
other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City without restriction or
limitation upon its use or dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, director or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner with
the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest which would
conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a
result of the performance of this Agreement. Consultant's covenant under this section shall
survive the termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to the other party. However, Consultant shall
not terminate this Agreement during the provision of services on a particular project. The
effective date of termination shall be upon the date specified in the notice of termination, or,
in the event no date is specified, upon the fifteenth (15th) day following delivery of the
notice. In the event of such termination, City agrees to pay Consultant for services
satisfactorily rendered prior to the effective date of termination. Immediately upon receiving
written notice of termination, Consultant shall discontinue performing services.
14. Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required Ito perform the services under this Agreement. All of the
services required under this Agreement will be performed by Consultant or under it
supervision, and all personnel engaged in the work shall be qualified to perform such
services. Consultant reserves the right to determine the assignment of its own employees
to the performance of Consultant's services under this Agreement, but City reserves the
right, for good cause, to require Consultant to exclude any employee from performing
services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical condition,
or sexual orientation, in the performance of its services and duties pursuant to this
Agreement, and will comply with all rules and regulations of City relating thereto. Such
nondiscrimination shall include but not be limited to the following: employment, upgrading,
demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer or
that all qualified applicants will receive consideration for employment without regard to race,
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts for
standard commercial supplies or raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without the
prior written consent of City, and any attempt by Consultant to so assign this Agreement or
any rights, duties, or obligations arising hereunder shall be void and of no effect.
17. Performance Evaluation. For any contract in effect for twelve months or
longer, a written annual administrative performance evaluation shall be required within
ninety (90) days of the first anniversary of the effective date of this Agreement, and each
year thereafter throughout the term of this Agreement. The work product required by this
Agreement shall be utilized as the basis for review, and any comments or complaints
received by City during the review period, either orally or in writing, shall be considered.
City shall meet with Consultant prior to preparing the written report. If any noncompliance
with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in
the alternative, may terminate this Agreement as provided herein.
18. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any
one or more of the conditions of performance under this Agreement shall not be a waiver of
any other condition of performance under this Agreement. In no event shall the making by
City of any payment to Consultant constitute or be construed as a waiver by City of any
breach of covenant, or any default which may then exist on the part of Consultant, and the
making of any such payment by City shall in no way impair or prejudice any right or remedy
available to City with regard to such breach or default.
20. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the provisions
of this Agreement, the prevailing party in such action or proceeding shall be entitled to
recover its costs of suit, including reasonable attorney's fees and costs, including costs of
expert witnesses and consultants.
21. Notices. Any notices, bills, invoices, or reports required by this Agreement
shall be deemed received on (a) the day of delivery if delivered by hand during regular
business hours or by facsimile before or during regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from
time to time, designate in writing pursuant to the provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and enforced
in accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be the original, and all of which together shall constitute one
and the same instrument.
24. Entire Agreement. This Agreement, and any other documents incorporated herein
by specific reference, represent the entire and integrated agreement between Consultant and
City. This Agreement supersedes all prior oral or written negotiations, representations or
agreements. This Agreement may not be amended, nor any provision or breach hereof waived,
except in a writing signed by the parties which expressly refers to this Agreement. Amendments
on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by
the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this
reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first written above.
"City"
ATTEST:
CITY OF DIAMOND BAR
By: By:
Tommye Cribbins, City Clerk
Approved as to form:
By:
City Attorney
"CONSULTANT"
By:
Its:
Carol Herrera, Mayor
10/12/2006 12:13 19497537071 N AND M IRV PAGE 02/02
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together shall
constitute one and the same instrument.
24. Entire Agreement, This Agreement, and any other documents incorporated
herein by specific reference, represent the entire and integrated agreement between
Consultant and City. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be amended, nor any provision or
breach hereof waived, except in a writing signed by the parties which expressly refers to this
Agreement. Amendments on behalf of the City will only be valid if signed by the City
Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by
this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
"City"
ATTEST:
CITY OF DIAMOND BAR
By: _ BY:
Tommye Cribbins, City Clerk Carol Herrera, Mayor
Approved as to form:
At
City Attorney
"CONSULTANT" Niznyo & Moore
sY: .
Ja]a1 Vakili, RCE 45350
Its: Principal Encjineer
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of October 17, 2006 by and between the City
of Diamond Bar, a municipal corporation ("City") and Katz-Okitsu & Associates,
("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor
to provide consulting services to City as set forth in the City's Request for Services.
B. Consultant represents that it is fully qualified to perform such consulting
services by virtue of its experience and the training, education and expertise of its
principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
1. Consultant's Sentices.
A. Scope of Services. The nature and scope of the specific services
to be performed by Consultant are as described in Exhibit "A" the Consultant's
Proposal, dated October 2, 2006 .
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 Exhibit "A."
2. Term of Agreement. This Contract shall take effect October 17, 2006,
unless earlier terminated pursuant to the provisions herein.
3. Compensation. 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 "A". Payment will be made only after submission of proper invoices in
the form specified by City.
4. General Terms and Conditions. In the event of any inconsistency
between the provisions of this Agreement and Consultant's proposal, the provisions of
this Agreement shall control.
5. Addresses.
City: James DeStefano, City Manager
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765-4178
Consultant: Joel Falter
Katz-Okitsu & Associates
1055 Corporate Center Dr.
Monterey Park, CA 91754
323-260-4703
323-560-4705 FAX
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, relpresent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Agreement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable worker's compensation laws. City shall have the right to offset against the
amount of any fees due to Consultant under this Agreement any amount due to City
from Consultant as a result of Consultant's failure to promptly pay to City any
reimbursement or indemnification arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers,
agents, volunteers, employees, and attorneys against, and will hold and save them and
each of them harmless from, and all actions, claims, damages to persons or property,
penalties, obligations, or liabilities that may be asserted or claimed by any person, firm,
entity, corporation, political subdivision or other organization arising out of the acts,
errors or omissions of Consultant, its agents, employees, subcontractors, or invitees,
including each person or entity responsible for the provision of services hereunder.
In the event there is more than one person or entity named in the Agreement as a
Consultant, then all obligations, liabilities, covenants and conditions under this Section 8
shall be joint and several.
9. Insurance. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company admitted to
do business in California and approved by the City (1) a policy or policies of broad -form
comprehensive general liability insurance with minimum limits of $1,000,000.00
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
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FROM:
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AGENDA #/SUBJECT:
CITY CLERK
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
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AGENDA #/SUBJECT:
CITY CLERK ( 7
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I expect to address the Council on the :subject agenda item. Please have the Council Minutes reflect my
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
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TO: CITY CLERK
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