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Diamond Bar
City Council Agenda
Tuesday, June 16, 2009
5:30 p.m. — Closed Session
6:00 p.m. — Study Session
6:30 p.m. — Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
Ron Everett Carol Herrera
Mayor Mayor ProTem
Wen P. Chang Jack Tanaka Steve Tye
Council Member Council Member Council Member
City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye Cribbins
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
June 16, 2009
Next Resolution No. 2009-25
Next Ordinance No. 02(2009)
CLOSED SESSION: 5:30 p.m., Room CC -8
Public Comments on Closed Session Agenda
► Government Code Section 549569. (a) Pending Litigalion —
One Case - City of Alhambra et al. v. County of Los Angeles
Case No. BS 116475
ON. Government Code Section 54956.9(c) Initiation of Litigation —
One Case.
STUDY SESSION:
6:00 p.m., Room CC -8
No. Centralized Irrigation Control System — Discussion and Action.
Public Comments
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
6:30 p.m.
Mayor
Lee Bendell
Council Members Chang, Tanaka,
Tye, Mayor Pro Tem Herrera, Mayor
Everett
Mayor
Written materials distributed to the City Council within 72 hours of the City Council
meeting are available for public inspection immediately upon distribution in the City
Clerk's Office at 21825 Copley Dr., Diamond Bar, California, during normal business
hours.
June 16, 2009 PAGE 2
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
NEW BUSINESS OF THE MONTH:
1.1 Presentation of Certificate Plaque to Paik's Bonga Restaurant, 22640
Golden Spgs. Dr. as New Business of the Month for June, 2009.
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 Planning Commission Meeting — June 23, 2009 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.2 Parks and Recreation Commission Meeting — June 25, 2009 — 7:00 p.m.,
AQMD/Government Center Hearing Board Room, 21865 Copley Dr.
5.3 4t" of July Holiday — City Offices will be closed Friday, July 3, 2009 in
observance of Independence Day. City offices will reopen on Monday,
July 6, 2009.
5.4 4t" of July Blast — July 4, 2009 — 5:00 p.m., Diamond Bar High School,
21400 Pathfinder Rd. Fireworks begin at 9:00 p.m.
5.5 City Council Meeting — July 7, 2009 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR:
6.1 City Council Minutes:
(a) Study Session of June 2, 2009 — Approve as submitted.
(b) Regular Meeting of June 2, 2009 — Approve as submitted.
June 16, 2009 PAGE 3
6.2 Parks and Recreation Commission Minutes — April 23, 2009 -Receive
and file.
6.3 Ratification of Check Register — Dated May 28, 2009 to June 10, 2009
totaling $885,458.40.
Requested by: Finance Department
6.4 CITY MANAGER DEPARTMENT REQUESTS:
(a) Approval of a Three -Year Contract with Inland Valley Humane
Society -SPCA (IVHS) to Provide Animal Care and Control Services
through 2012.
Recommended Action: Approve.
(b) Approval of the City's 2009 Edward Byrne Memorial Justice
Assistance Grant (JAG) Application.
Recommended Action: Approve.
(c) Approval of a Memorandum of Understanding Between
Jurisdictions and the City of Los Angeles Recovery Act Justice
Assistance Grant (JAG) Program Award.
Recommended Action: Approve.
(d) Approval of One -Year Extension of the Consulting Services
Contract with the Regional Chamber of Commerce of the San Gabriel
Valley.
Recommended Action: Approve.
(e) Adopt Resolution No. 2009 -XX: Authorizing the City to Apply
for United States Department of Energy "Energy Efficiency
Conservation Block Grant (EECBG)" Funds Under the 2009 American
Recovery and Reinvestment Act (ARRA).
Recommended Action: Adopt.
(f) Adopt Resolution No. 2009 -XX: Opposing the State of
California's Proposed Diversion of Property and Gas Tax Revenues
from Local Governments to Balance the State Budget.
Recommended Action: Adopt.
June 16, 2009 PAGE 4
(g) Approve the Proposed Community Development Block Grant -
Recovery (CDBG-R) Program and Adopt Resolution No. 2009 -XX:
Amending the City's Community Development Block Grant Program
Pursuant to the American Recovery and Reinvestment Act of 2009.
Recommended Action: Approve and Adopt.
(h) Authorize the City Manager to Approve All Documents
Required to Participate in the BMW Mini Electric Vehicle Program.
Recommended Action: Authorize.
(i) Adopt Resolution No. 2009 -XX: Joint Resolution of the Board
of Supervisors of the County of Los Angeles Approving and
Accepting the Negotiated Exchange of Property Tax Revenue
Resulting from the Annexation of Territory Known as Annexation
2007-20 to the City, Withdrawal of County Lighting Maintenance
District 1687, Detachment from County Road District No. 4 and Road
District No. 5 and Annexation to County Lighting Maintenance
District 10006.
Recommended Action: Adopt.
6.5 COMMUNITY SERVICES DEPARTMENT REQUESTS:
(a) Approval of Amendment No. 5 to Extend the Vendor Services
Contract with D.H. Maintenance Services for the Term of July 1, 2009
through June 30, 2011 to Provide Janitorial and Building
Maintenance Services at the Diamond Bar Center, Heritage Park
Community Center and Pantera Park Activity Room in the Amount of
$155,832 per Fiscal Year, and As -Needed Work in the Amount of
$75,000 per Fiscal Year for a Total Authorization Amount Not -to -
Exceed $230,832 per Fiscal Year, for a Total Two Year Authorization
of $461,664.
Recommended Action: Approve.
(b) Approval of Amendment No. 5 to the Contract with West Coast
Arborists for City -Wide Tree Maintenance and Watering Services for
FY 2009/10 and 2010/11 in an Amount Not -to -Exceed $177,800 per
year, for a Total Authorization of $355,600 for the Two Year Contract
Extension.
Recommended Action: Approve.
June 16, 2009 PAGE 5
(c) Approval of Amendment No. 9 to the Contract with Excel
Landscape Maintenance Services for Lighting and Landscape
Maintenance Districts 38, 39 and 41 for FY 2009/10 in the Amount of
$328,355; Plus a Contingency Amount of $34,000 for As -Needed
Work, for a Total Authorization of $362,355.
Recommended Action: Approve.
(d) Authorization to Exceed the City Manager's Purchasing
Authority of $25,000 to Extend Vendor Services for Senior and Adult
Excursions Provided by Inland Empire Stages Limited, in an Amount
Not to Exceed $50,000 for FY 2009/10.
Recommended Action: Approve.
(e) Approval of Amendment No. 1 to the Agreement with And 1
Officials to Extend the Contract Period from July 1, 2009 Through
June 30, 2010 in an Amount Not -to -Exceed $35,000.
Recommended Action: Approve.
(f) Approval of Contract Amendment No. 1 to the Agreement with
Tennis Anyone to Extend the Contract Period from July 1, 2009
Through June 30, 2010 in the Amount of $65,000.
Recommended Action: Approve.
(g) Approval of Contract Amendment No. 9 to Extend the Vendor
Services Contract with ValleyCrest Landscape Maintenance for the
Term of July 1, 2009 through June 30, 2011 to Provide Landscape
Maintenance Services at Nine City Parks, the Grounds of the
Diamond Bar Center, the Football Field and Slope at Lorbeer Middle
School, and the Trail/Trail Head at Sycamore Canyon Park, in the
Amount of
$362,995 per Fiscal Year, and As -Needed Work in the Amount of
$50,000 per Fiscal Year for a Total Authorization Not -to -Exceed
$412,995 per Fiscal Year for a Two Year Authorization of $825,990.
Recommended Action: Approve.
6.6 PUBLIC WORKS DEPARTMENT REQUESTS:
(a) Approve Extension of the Agreement with Diversified
Transportation, LLC for FY 2009/10 for the First Six Months of FY
2009/10 for Diamond Ride Program (Dial -a -Cab).
Recommended Action: Approve.
June 16, 2009
PAGE 6
(b) Approve Agreement with L.A. County Metropolitan
Transportation Authority (LACMTA) to Exchange Federal Surface
Transportation Program -Local Funds with Flexible LACMTA STP -L
Local Transportation Funds to be Utilized on the Chino Hills Parkway
Rehabilitation Project.
Recommended Action: Approve.
(c) Award of Professional Consulting Services Contract to SCI
Consulting Group for Feasibility Analysis and Opinion Research for
Landscaping Assessment District Nos. 38, 39 and 41 in the Amount
of $50,800; Plus a Contingency Amount of $5,000 to be Approved by
the City Manager for a Total Authorization of $55,800.
Recommended Action: Award.
(d) Approve Appropriation of $85,000 of State Hazard Elimination
Safety (HES) Program Funds to the Sunset Crossing Rd. and
Prospectors Rd. Traffic Calming Project and Approve Contract
Increase in the Amount of $41,000 with All American Asphalt for a
Total Authorization Amount of $415,000.
Recommended Action: Appropriate and Approve.
(e) Approve Contract Increase of $5,465 for Construction
Management Services with DMS Consultants, Inc. for the Sunset
Crossing Rd. and Prospectors Rd. Traffic Calming Project for a Total
Authorization Amount of $62,640.
Recommended Action: Approve.
(f) Appropriate $60,000 from Prop A Transit Funds for FY 2008-09
Diamond Ride Dial -a -Cab Program for a Total Appropriation of
$560,000.
Recommended Action: Appropriate.
(g) Approve Contract with Advantec Consulting Engineers, Inc.
for Battery Backup System Design and Construction Management
Services at Golden Springs Dr. and Diamond Bar Blvd., Golden
Springs Dr. and Brea Canyon Rd., Golden Springs Dr. and Ballena
Dr., Diamond Bar Blvd. and Pathfinder Rd., and Diamond Bar Blvd.
and Mountain Laurel Way in the Amount of $20,000; Plus a
Contingency Amount of $2,000 for Change Orders to be Approved by
the City Manager for a Total Authorization Amount of $22,000.
June 16, 2009 PAGE 7
Recommended Action: Approve.
(h) Approve Plans and Specifications and Award Construction
Contract for the Traffic Signal Interconnect links — Phase II Project in
the Amount of $356,258.87 to C.T. & F. Inc., and Authorize a
Contingency Amount of $36,000 for Contract Change Orders to be
Approved by the City Manager, for a Total Authorization Amount of
$392,258.87.
Recommended Action: Approve and Award.
(i) Approve a Contract with KOA Corp. -CBM Consulting for
Construction Management and Inspection Services for the Traffic
Signal Interconnect Links- Phase II Project in the Amount of $58,313
Plus a Contingency Amount of $6,000 for Change Orders to be
Approved by the City Manager for a Total Authorization Amount of
$64,313.
Recommended Action: Approve.
6.7 IS DEPARTMENT REQUESTS:
(a) Authorize the City Manager to Purchase Hewlett Packard
Desktop Computer Replacement Hardware and Software from CDWG
in an Amount Not -to -Exceed $82,000 and Authorize Equipment being
Replaced to be Disposed of as Surplus Property.
Recommended Action: Authorize.
(b) Authorize the City Manager to Purchase Hewlett Packard
Servers and Additional Hardware from CDWG Throughout FY
2009/10 for an Amount Not -to -Exceed $85,000.
Recommended Action: Authorize.
(c) Approval of Contract with The ComDyn Group, Inc. for As -
Needed Information Technology Services in an Amount Not -to -
Exceed $38,150; and Authorize the City Manager to Enter into an
Agreement.
Recommended Action: Approve and Authorize.
6.8 COMMUNITY DEVELOPMENT DEPARTMENT:
(a) Approval of Extension of City -Wide Graffiti Removal Contract
with Graffiti Control Systems for FY 2009/10 in the Amount of
$62,400.
June 16, 2009 PAGE 8
Recommended Action: Approve.
(b) Authorize the City Manager to Extend a Professional Services
Agreement with Lilley Planning Group, Inc. (LPG), to Increase the
Contract Amount by $40,000 for a Total Contract Amount Not -to -
Exceed $240,000 to Provide Continued On -Site Planning Services.
Recommended Action: Approve.
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard.
7.1 Public Hearings for Lighting and Landscape Districts Nos. 38,
39 and 41:
(a) Adopt Resolution No. 2009 -XX — Levying an Assessment on
City of Diamond Bar Landscaping Assessment District No. 38 for the
FY 2009-10.
Recommended Action: Continue the Public Hearing to July 7, 2009.
(b) Adopt Resolution No. 2009 -XX — Levying an Assessment on
City Diamond Bar Landscaping Assessment District No. 39 for the FY
2009-10.
Recommended Action: Continue the Public Hearing to July 7, 2009.
(c) Adopt Resolution No. 2009 -XX — Levying an Assessment on
City of Diamond Bar Landscaping Assessment District No. 41
for the FY 2009-10.
Recommended Action: Continue the Public Hearing to July 7, 2009.
Requested by: Public Works Department
7.2 Adopt Resolution No. 2009 -XX: Approving the Removal of the
Northerly Crosswalk at Diamond Bar Blvd. and Mountain Laurel Way.
Recommended Action: Open the Public Hearing, Receive Testimony,
Close the Public Hearing and Adopt.
Requested by: Public Works Department
8. COUNCIL CONSIDERATION: None.
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Centralized Irrigation
Control System
City Council Study Session
June 16, 2009
Existing Conditions
. Currently, 80 irrigation controllers are
needed to irrigate all of the
landscaped areas maintained by the
City of Diamond Bar.
. The annual cost of water is $310,000.
. Due to existing drought conditions,
Cities are being asked to conserve
water.
Water Conservation Options
Remove turf and replace
landscaping material (i.e.
Grand Avenue)
. Remove turf and replace with
artificial turf (i.e. Cities of
Chino and Las Vegas)
. Use a centralized irrigation
control system.
. Retro -fit the irrigation
system.
-- Sprinkler Heads
-- Soaker Systems
-- Subterranean Systems
Proposed Centralized Irrigation
Control System
. MWD studies cite 32% water savings per year
■ 3 10,000 X 32% _ $99,200 in savings per year
. $576, 000 to install (w/10% contingency)
. $166,,800 grant from MWD already received
$41,,700 grant from WVWD available
• $367,,500 net COSt to install in Diamond Bar
0 Payback time from water savings will be about 4 years.
How Central Control Saves Water
Centralized irrigation controllers communicate
with weather station at DBC and with computers
at City Hall.
• System calculates amount of water sufficient to
irrigate landscaping on a daily basis and adjusts
controllers automatically. (also detects broken heads,
leaking mainlines and stuck valves; shuts off water
automatically and alerts City staff; will reduce water run-off
on to Diamond Bar streets).
• No need to drive to
80
different
locations to make
timing adjustments
to
irrigation
controllers.
• Appropriate $576,000 from General Fund
Reserves (which includes $208,500 in grant funds) f01"
project costs.
. Amend contracts with Excel Landscape
(add $390,500) and ValleyCrest
Landscape (add $133,400) to purchase
and install the centralized irrigation
control system.
. Appropriation amount includes $52,100 in
contingency funds (10%).
Issues to Consider
• 32% savings is the industry standard. Actual
savings will vary.
• It could take as much as a year to complete the
installation and to dial in the details necessary to
achieve maximum savings.
. Water costs will continue to rise, so actual dollars
saved may seem much lower.
• Water conservation is the priority consideration,
with cost savings an added benefit.
• Staff believes this is the quickest, most cost-
effective way to achieve this level of water
conservation available to the City, and to still
maintain the current quality of landscaping.
Questions?
Agenda No. 6.1(a)
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION [r)" R A F T
JUNE 2, 2009
STUDY SESSION: M/Everett called the Study Session to order at 5:15
p.m. in Room CC -8 of the South Coast Air Quality Management District/Government
Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Member Chang, Tanaka, Tye, Mayor Pro
Tem Herrera, Mayor Everett
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services
Director; David Liu, Public Works Director; Linda Magnuson, Finance Director; Susan
Full, Senior Accountant; Greg Gubman, Acting Community Development Director; Ryan
McLean, Assistant to the City Manager; Rick Yee, Senior Engineer; Kimberly Molina,
Associate Engineer; Patrick Gallegos, Management Analyst; Anthony Santos,
Management Analyst; Cecilia Arellano, Public Information Coordinator; Isaac Aziz,
Network Systems Administrator; Marsha Roa, Public Information Manager, and
Tommye Cribbins, City Clerk.
► PRESENTATION OF DRAFT FY 2009-10 BUDGET
CM/DeStefano stated those two weeks ago the Council considered a $19.5
million budget. Today's offering is a $20 million General Fund Budget which is
due to $1 million in revenue from the Federal Resources Water Development Act
being been moved into the General Fund Budget which increased the Public
Works/Engineering budget by $1 million.
MET/Herrera asked if the property tax allocation was an estimate and whether
the numbers would decrease with the State's adoption of their budget.
CM/DeStefano responded that the State is looking at taking $2 billion from cities
and counties which means a $770,000 allocation from D.B. Since the amount is
technically a "loan" to the State, the money with some interest yet to be
determined will be repaid in about three years. Staff is suggesting that the City's
General Fund Reserves be used to backfill the City's budget.
► HOUSING ELEMENT UPDATES —
ACDD/Gubman stated that after the July 2008 Study Session and two Study
Sessions with the Planning Commission in 2009 staff submitted the draft Housing
Element to HCD last August. In October 2008 staff held a telephone consultation
with HCD staff after their review of the document. Following the discussion staff
received a letter from HCD detailing steps the City would need to address in
order to receive certification of the Housing Element. The key issues included a
request for further verification of how the City's RHNA numbers would meet the
State's requirement and to provide more detail of the City's commitment to
rezone property to accommodate the 468 lower income housing units. HCD also
asked the City to provide more detail on how it would allow emergency shelters
JUNE 2, 2009 PAGE 2 CC STUDY SESSION
in compliance with SB2, a mandate that cities allow, by right, emergency shelter
for homeless. The revised document proposes various means by which the City
can reach the targets. In the Council's packet, Exhibit B matrix summarizes how
the City responded to each of HCD's comments.
ACDD/Gubman further stated that the revised draft was presented to the
Planning Commission on May 26. The Planning Commission was generally
positive about how staff continues to address the issues of concerns and in
particular indicated support for the proposal to look at the Kmart property as a
possible mixed-use redevelopment opportunity for providing high density
housing. One of staffs strategies is a commitment to rezone or embark on a
specific plan process for the Kmart site that would include a housing component
and include within that housing component some of the target low-income units.
Staff intends to move forward to complete the process by going through a public
hearing with the Planning Commission and City Council to finally adopt the
revised Housing Element. He introduced the City's Consultant John Douglas
who provided a PowerPoint presentation regarding what has been done to
update the Housing Element.
Mr. Douglas with Conexus added that with most jurisdictions D.B. received a
lengthy critique from the State. Every jurisdiction in the State is required to
demonstrate that they can accommodate their fair share of RHNA numbers as
well as other RHNA numbers of which the Emergency Shelter law is probably the
most significant. The Emergency Shelter law requires that every City designate
a zone allowing emergency shelter accommodations with no conditional uses.
Staff would like feedback from the Council about this issue because the State
requires that within the Housing Element the City designate a zoning district
where emergency shelters would be allowed. Staff has suggested in the draft
document that the median density residential zone where churches already exist
would be an entity where the property owner could provide emergency shelter.
Mr. Douglas responding to C/Tye stated that it would have to be a broad enough
zone for designation so that any church property within that zone could be
considered. The State is looking at requiring cities to designate a large enough
overlay area to create sufficient opportunities for a shelter. For example, if the
City were to designate just one small area the State may view this as the zone
being drawn too narrowly.
Mr. Douglas explained to M/Everett that it is an area within a zone or an overlay
of a zone. Staff is considering only the areas where churches exist today at this
point. The ordinance would say that within the RM zone where a church
currently exists — that is where emergency shelters would be provided. Then
there would be additional development standards the City could also impose
such as number of beds, on-site security, lighting, management plan, etc.
MPT/Herrera asked if a particular church would be expected to construct some
kind of facility or would they be expected to ,,,tore beds, bedding, etc.
JUNE 2, 2009 PAGE 3 CC STUDY SESSION
Mr. Douglas said it is important to keep in mind that what this law requires only
that the City commit to having emergency shelters. It does not actually require
that any entity open a shelter. It would be entirely up to the congregation as to
whether they would want to take advantage of this law.
ACDD/Gubman said that although D.B. does not have an identified homeless
population the City is still obligated to facilitate any entity to provide emergency
shelter. When staff conducted a homeless count as part of the Greater Los
Angeles homeless count it found zero homeless. At this time, staff would not
contemplate anyone coming forward offering to build a homeless shelter since
the findings indicate there is no homeless population. However, the City needs
to do what it can to provide the opportunity.
C/Tye said that if St. Denis were identified and wanted to have a shelter they
would be allowed to but not be required to.
ACDD/Gubman said that staff looked at how to implement this requirement in a
genuine manner and it seemed at the outset that a church was an appropriate
development site because churches have the type of infrastructure that would
likely accommodate emergency shelter needs such as a social hall or classroom
facilities, etc. Some churches have buildings with facilities within their campuses
that could easily accommodate cots being set up. Not every church would meet
the criteria that the City might establish as it studies this issue in more detail.
There may have to be a certain amount of parking, square footage within certain
interior spaces, lighting, distance from residential properties, etc. It is not
possible at this time to say that all churches within the City would be entitled to
emergency shelters until the criteria were established.
M/Everett stated that this is a critical issue. The causes of homelessness are not
necessarily traditional. There are people who come through and are homeless
and there are also those that are victims of domestic violence and short term
overnight needs, etc. He wanted to know if there were any other options or
whether options could be added should the Council define another option that
would be reasonable.
Mr. Douglas spoke affirmatively that the Housing Element will include the City's
preliminary findings. When the ordinance comes back for adoption if the
Council has different ideas there can be other zones designated.
M/Everett suggested the YMCA might be an alternative to consider.
Mr. Douglas responding to C/Tye stated that the more confined the area the less
likely it would be to survive scrutiny. SGCOG has been studying this for some
time and has concluded that cities and governments should not be the driving
force in obtaining homeless shelters, especially from the non-profit sector.
However, the Government should support them by providing regulatory oversight
so that there aren't homeless shelters on every block.
JUNE 2, 2009 PAGE 4 CC STUDY SESSION
C/Chang stated that homeless shelters were not necessarily for homeless only.
Mr. Douglas responded that there are emergency shelters for natural disasters
which are temporary in nature. These shelters are required to be available on a
permanent basis.
M/Everett asked if D.B. could refer to a "regional' solution and get certified.
Mr. Douglas responded that there is discussion about a regional solution.
However, although the law says that cities can use regional solutions the way the
law is being interpreted leaves some question. Up to three jurisdictions can
provide regional shelters but each city interprets that in such a strict way that it is
virtually impossible to consider that approach.
ACDD/Gubman said that as an example, Pomona might offer to provide regional
shelter and D.B. would be expected to provide sustainable funding. This would
free up the zoning districts from having to accommodate facilities but it also
creates the certainty that the City would have to participate in funding the facility.
If D.B. established locations that could be utilized within the City it may never
happen. The tradeoff is that the City would not be obligated to contribute
financially and if some organization should elect to provide the shelter they would
be responsible for the funding. Staff believes that D.B. is probably better off to
establish its own regulations.
Mr. Douglas stated that today the City does not have enough land for high
density which leaves a shortfall of about 470 units. For this process the City
must submit to evaluating and within a reasonable period of time, identify which
properties could be rezoned to allow about 470 high density units. There are four
potential sites identified in the Housing Element: 1) Kmart 2) Tres Hermanos 3)
Aera Energy property and 4) the rear of the LDS Church property. Those four
sites add up to thousands of acres. Over the next year the Housing Element
says that the City will study those options — and possibly other options, should
any arise, and identify which of those or combination of those would most
appropriately satisfy the rezoning compliance for high density units.
C/Tanaka asked for status of the Diamond Bar Improvement Association and
Paint the Town Project.
CM/DeStefano stated that the last conversation he had with C/Zirbes about the
Paint the Town Project was in January 2007. At that point there had been no
forward movement for about a year or two. There was some hope that the
program would be reconstituted and as DBIA moved forward the group might
move back to a "Paint the Town" effort. However, nothing has happened within
the past few years and there has been no application for additional resources
from the City.
C/Tanaka asked if this was something the City could revive?
JUNE 2, 2009 PAGE 5 CC STUDY SESSION
CM/DeStefano responded that it is a DBIA program, not a City program.
C/Tye said he was frustrated that the State cannot run its own business but can
tell cities how to run their business.
Mr. Douglas said the downside of not complying with the Housing Element is that
the City has greater exposure to a lawsuit.
MPT/Herrera stated that the City of Irvine is involved in a lawsuit.
ACM/Doyle said he understood that if there is no certified housing element and a
development comes forward that the Council supports, someone could challenge
and sue the City and prevent the development because the City didn't have a
certified housing element.
Mr. Douglas said that the argument would be that the City does not have a valid
General Plan and therefore no authority to issue permits.
Council concurred to move forward with the revised draft as presented by staff.
► PRESENTATION OF SCI'S PROPOSAL AND LOCAL FUNDING
MECHANISMS FOR LLAD 38,39 AND 41
CM/DeStefano reported that this matter involves ongoing discussions regarding
the need to examine funding sources for Lighting and Landscape Assessment
Districts 38, 39 and 41. Since about 1996-1997, the City has funded the
Districts, first with staff resources and now with maintenance and operation
resources of about a $140,000 subsidy for FY 2009/10. Council created a
subcommittee more than a year ago to study this matter to discuss a number of
different approaches. Staff made a couple of recommendations and
suggestions. Tonight's presentation is to discuss what possible steps can be
taken in pursuit of a resolution to the funding issues within the districts.
PWD/Liu provided a powerpoint presentation reiterating the increasing yearly
budget subsidies and Parks Master Plan update that gives staff an opportunity to
look at these issues. Before the City Council makes its decision staff needs to
conclude its benefit and risk analysis. He introduced Gerard Van Steyn with SCI.
Mr. Van Steyn gave a brief history of SCI and its unique goal of assisting public
agencies to help establish new revenue sources on a local basis. Most of the
firm's work is conducted under Proposition 218. Before the City makes any
decisions about whether to ask voters to approve a new or increased levy it is
vital that it has the most accurate research data. SCI is proposing to conduct a
survey to help the City gain the best insight into the priorities and desires of the
property owners and voters and to focus on immediate needs as well as the
needs that are coming out of the Parks Master Plan update. Phase 1 of the
survey will be an initial analysis of the planning work. SCI will work with staff to
JUNE 2, 2009 PAGE 6 CC STUDY SESSION
best determine what different objectives the City has that could potentially be
covered in the survey. At the same time, SCI will conduct a very thorough
analysis of the City's property owners and voters. An important element of this
initial work is to go out to voters with a benefits assessment designed by property
owners rather than voters. Phase 2a is a phone survey with a random survey of
400 voters and property owners. After these initial phases are conducted SCI
will present the findings to the City Council. If the results are generally favorable,
SCI would recommend that the City then conduct Phase 2b, a mail survey that is
designed to account for the unique aspects of the property owners and is
designed to mimic the actual look and feel of what those property owners would
view through an assessment. At the conclusion of the surveys, SCI would work
with staff to bring the Council a recommendation that would cover how
successful a ballot measure might be for raising funds through an election for the
Parks Master Plan, for example. SCI has found that there is a shifting of
priorities when there is a cost attached to those priorities. This information is
ultimately very helpful in planning and prioritizing.
MPT/Herrera asked if the election would be for 2010.
Mr. Van Steyn said the earliest would be spring 2010.
MPT/Herrera asked if it was possible to add to the survey the feasibility of
increasing the TOT.
Mr. Van Steyn said that with the survey it is very difficult to test for different
concepts of funding and TOT is such a different revenue source than a property
owner/voter type measure that the survey would have to be redesigned to have a
standalone survey sample for each group; however, TOT votes can be done by
mail as well.
Mr. Van Steyn explained to MPT/Herrera that for an assessment the ballots are
mailed with a 45 -day period for return. At the end of the balloting period the
returned ballots are counted. "Yes" votes are weighted by how much of an
assessment each property owner would have to pay.
Discussion ensued regarding how SCI operates and Mr. Van Steyn explained the
phased-ir,. contract costs.
PUBLIC COMMENTS: No comments were offered.
ADJOURNMENT: With no further business to discuss, M/Everett adjourned the
Study Session at 6:26 p.m.
TOMMYE CRIBBINS, City Clerk
JUNE 2, 2009 PAGE 7 CC STUDY SESSION
The foregoing minutes are hereby approved this
RON EVERETT, Mayor
day of , 2009
Agenda No. 6.1(b)
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JUNE 2, 2009
CLOSED SESSION: 5:00 p.m., Room CC -8
Public Comments on Closed Session Agenda — None Offered
► Government Code Section — 54956.9(c) Initiation of Litigation —1 Case
STUDY SESSION:
5:15 p.m., Room CC -8
► Presentation of Draft FY 2009/2010 Budget — Discussion and Action
► Housing Element Update — Discussion and Action
ON. Presentation of SCI's Proposal and Local Funding Mechanisms for LLAD 38, 39
and 41 — Discussion and Action
Public Comments: None
Study Session adjourned at 6:26 p.m.
CALL TO ORDER: Mayor Everett called the Regular City Council
meeting to order at 6:35 p.m. in The Government Center/SCAQMD Auditorium, 21865
Copley Dr., Diamond Bar, CA.
CA/Jenkins reported that during tonight's Closed Session the City Council discussed the
matter of potential initiation of litigation. The City Council took reportable action to
authorize the City along with all of the other contract cities within the County of Los
Angeles, to file a suit against the County of Los Angeles relative to alleged improper use
of the liability trust fund, a fund that is created and funded by the contract cities for
liability associated with the use of contract law enforcement services. The authorization
to file the lawsuit is contingent on the County not agreeing to a one-year extension of
the existing law enforcement services agreement which is scheduled to expire on Jule
30, 2009. If the County declines the extension, the City Council has authorized the City,
along with the Contract Cities Association of Los Angeles County and all of the other
contract cities that are members of that Association to file the lawsuit seeking
reimbursement to the fund of approximately $6 million that was taken from the fund for
what is alleged as an improper use.
CM/DeStefano reported that during tonight's Study Session, the City Council discussed
the Draft FY 2009-10 Budget in preparation for this evening's action item; the Draft
Housing Element, a compon�:nt of the City's General Plan which is required by the State
of California; and, a presentation from staff and a consultant regarding local funding
mechanisms for LLAD 38, 39 and 41.
PLEDGE OF ALLEGIANCE: Mayor Everett led the Pledge of Allegiance.
INVOCATION: Executive Pastor Mark McAlpine, Church in the
Valley, led the invocation.
JUNE 2, 2009 PAGE 2 CITY COUNCIL
ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro
Tem Herrera, and Mayor Everett.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director; Greg Gubman, Acting Community
Development Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior
Engineer; Kimberly Molina, Associate Engineer; Cecilia Arellano, Public Information
Coordinator; Anthony Santos, Management Analyst; Christian Malpica-Perez, Associate
Engineer; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City
Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 The City Council presented Certificates of Recognition to "Older
Americans Award" winners Beverly Mayerski, Diamond Bar Senior
Citizens' Club; Mrs. Wen Fong K. Wu, Diamond Age Senior Club; Mangal
Gulshan, Sunshine Senior Club; and Athena Chu, Evergreen Senior Club.
NEW BUSINESS OF THE MONTH:
1.2 Mayor Everett presented a City Tile to Shahida Ather Ali, owner of Good
Care Adult Day Health Care, 23401 Golden Springs Dr., as Business of
the Month for June 2009. Mr. Ali introduced members of his staff.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None.
3. PUBLIC COMMENTS:
Mangal Gulshan, 21401 Bella Pine Dr., thanked Council for his recognition. He
then advised the Council that he had spoken with a friend of his who had told
him that he had tried to get a permit for a portable storage shed to be placed in
his backyard and that the City had told him that according to the City's Code the
shed could not be higher than 6 ft. Mr. Gulshan asked for clarification ar.d
though that maybe his friend had been misinformed. Mr. Gulshan also stated that
he has been walking in the Ronald Reagan Park area for the past year and
wondered if the City could provide a more level walking path.
Chief Ed Gandara, LA County Fire Department, reminded residents of the
upcoming Tonner Canyon Wildland Park Ranch scrimmage that will be
conducted June 10, 11 and 12 at 9:00 a.m. City representatives are invited to
attend on Thursday, June 11.
Jack Shah, 22900 Estoril, thanked the City Council for keeping the City in good
shape in spite of the challenging economic times. He pointed out that the stage
JUNE 2, 2009 PAGE 3 CITY COUNCIL
at the Diamond Bar Center has a lighting problem and it is difficult for the seniors
to see participants who are performing on stage and asked if staff could do
something to provide better lighting.
4. RESPONSE TO PUBLIC COMMENTS:
In response to Mr. Gulshan, CM/DeStefano stated that he believed there was a
misunderstanding about the storage shed. Based on the size there are different
regulations and it is possible that a store-bought shed would be permissible.
Staff will work with Mr. Gulshan to attempt to clarify the matter. With respect to
Ronald Reagan Park and a walkway around the park, he felt the speaker might
be referring to a walkway similar to that installed at Peterson Park and Pantera
Park a few years ago. CM/DeStefano felt the request was an excellent
suggestion for CSD/Rose and the Parks Master Plan subcommittee to consider
for potential enhancement to Ronald Reagan Park. With respect to lighting at the
Diamond Bar Center it may be a problem with the podium lighting on the stage
and that there is a temporary allocation set aside in an attempt to fix the problem
in next year's budget.
FY 2009-10 MUNICIPAL BUDGET REVIEW AND COUNCIL
CONSIDERATION:
ADOPT RESOLUTION NO. 2009-19: APPROVING AND ADOPTING A
BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2009 AND ENDING
JUNE 30, 2010 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL
FUNDS AND CAPITAL IMPROVEMENTS; AND APPROPRIATE FUNDS FOR
ACCOUNTS DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES
THEREIN SET FORTH.
CM/DeStefano stated that the budget as submitted reflects a General Fund
estimated resource for the upcoming year of $20,566,971 with anticipated
appropriations of $19,988,507. If all goes well, this will result in an increase of
$578,464 to the City's General Fund Reserves. There is a proposed transfer of
$358,208 in General Fund Reserves to the Capital Improvement Project fund;
and, $745,787 in General Fund Reserves for other non recurring appropriations.
If approved, the FY 2009-10 Municipal Budget anticipates an ending General
Fund balance of $30,757,828 based on the projected revenues and
expenditures. This is a very lean budget for the City. For the last three years the
City has seen a drop in the estimated resources as a result of the declining
economy as well as, withholdings from the State. This year's estimated
resources of $20,566,971 is almost $4 million less than where the City was at the
beginning of FY 2006-07. Within the appropriations budget for this year there
have been a variety of reductions in rev,,nue which has caused staff to look veru
carefully at each line item within each department's budget in an attempt to find
resources to cut fat, cut into the muscle and in some departments into the bone
in order to continue to provide service ieveis and to do so without affecting the
City's General Fund Reserves and programs to every extent possible. As
JUNE 2, 2009 PAGE 4 CITY COUNCIL
everyone knows, the State is in a very critical situation and their fiscal crisis
affects cities statewide. The State is looking at releasing up to 52,000 low-level
prisoners in the next year which will have a direct effect on law enforcement
services throughout the State. Additionally, the State is looking at a variety of
cuts in programs and withholding property taxes from the City in the amount of
8% that translates to about $731,000 the City will lose. It has been frustrating for
him and other city managers across the State because while cities generally
have the ability to pay for services and programs and budget their cities properly
to operate within their means, the state has not done so. As a result, the State
continues to look to its cities, school districts, etc. to bail them out. And there
may be other takings or withholdings as resources are sought. This is a big hit to
the City of D.B. and the City is unable to recapture these funds ($731,000)
without drastically reducing costs in each department of the City and significantly
diminishing services and programs to the community. Therefore, when the
$731,000 is taken, staff is recommending that the dollars be allocated from
General Fund Reserves in order to maintain the programs and services the City
provides. Of the $20,566,971 the City anticipates receiving in the next fiscal
year, about $3.8 million from property tax revenues which is a slight increase
over the current budget year. However, staff believes that during the next couple
of budget years that amount will decrease slightly. Other taxes the City receives
revenues from including sales taxes, transit occupancy taxes, property taxes and
franchise taxes are all down approximately 10% from the current budget year so
we are looking at about $5 million in that category State subventions are slightly
higher than the current year due to anticipated increases in motor vehicle in lieu
revenues. This year the City anticipates receiving $1 million from the Federal
Water Resources Development Act which will be used to complete a sanitary
sewer and storm drain master plan for the community due to aging infrastructure.
There is also re -budgeting of Federal Emergency Management revenue
anticipated for repair of a slope at the Diamond Bar Center.
CM!DeStefano stated that the fundamental approach to this year's proposed
budget was to keep appropriations at or below where the City was at mid -year
because staff saw that the revenues were decreasing and that the State was in
trouble and likely to come looking for solutions to their problems by looking to
cities for financial help. Typically, staff asks the Council to consider a Cost of
Living increase for 52 full time staff members. This year there is no proposed
COL adjustment. Staff is seeking a minor enhancement for personnel in the
amount of $25 per month per employee for a total of $17,000 to offset the
monthly health benefit allotment. There are no staffing positions requested for
this year. The City intends to retain the full complement of staff with no layoffs.
There are currently four vacant positions that are being frozen at this time.
Should the City's need change and the City's revenue position improve we may
choose to thaw one or more of those positions. With the freezing of those
positions for the entire year the resulting savings would be $301,000. The law
enforcement contract is comprised of about 25% of the City's overall fund
appropriations. Operating under a "contract cities" form of government has
allowed the City to maintain a very high level of service delivery to the customer
JUNE 2, 2009 PAGE 5 CITY COUNCIL
base while doing so at a very low and prudent cost. Many surrounding cities that
have their own police and/or fire department pay at a range of 75% to 80% of
their general fund budget for those purposes. Because property owners pay into
the fire district the City pays only about $11,000 for fire department services
annually. With the contract cities format D.B. is one of 40 cities that contract with
LA County for law enforcement services. As a result, the service levels have
remained high. This year's law enforcement budget is proposed to be about $5.4
million with no changes in service and in fact with some enhancements through
the Edwin Byrne Memorial Justice Assistance Grant. Staff is recommending that
$357,000 be allocated for use with economic development programs specifically
to develop incentive -based plans for Market World, Kmart and Honda properties.
Staff is looking to renegotiate the lease contract with Air Quality Management
District for the 12,000 sq. ft. the City leases inside the facility. In addition, staff is
studying the need for an additional 4,000 sq. ft. that has become available
immediately adjacent to the currently leased City Hall space. Staff will provide a
lease -extension proposal for next year's renewal that wil! include consideration of
the 4,000 sq. ft. The Lighting and Landscape Districts continue to require funds
from the City's General Fund reserves. Funds have never been changed since
their inception and the City is looking at about $210,000 that the General Fund is
providing to the districts. The CIP is about $7.9 million. Incorporated within that
amount is about $1.8 million in stimulus that the City will receive from the federal
government this year to be principally used for two slurry seal shovel -ready
projects. There are a variety of special funds. Most notable is the Prop A Transit
Funds. Changes were made to this program about a year ago and expected that
costs would increase by about $100,000 depending on the success of the
program. Actually, the budget allocation is about $550,000 in total for the
upcoming budget year which reflects about a 60% increase in the program over
the past four years. Staff continues to operate very effectively with the resources
that the City Council provides each year. He thanked his department heads and
division managers who worked in harmony to produce a lean budget without
reducing staff and overall service delivery to the community. Staff is proud to
present the draft budget to the City Council for approval.
MPT/Herrera applauded staff for their prudent calculations and organization of
programs and services to the residents. The contract system allows the City to
save a lot of money. D.B. is fortunate that since cityhood the City Councils and
staff have always been prudent in sponding the City's money and have always
believed that at the end of every year there should be some left over to build i ip
the reserve funds for rainy days. Since the rainy days have arrived D.B. is
fortunate that it has an allocated reserve to make up the deficit should the State
decide to take IS731,000 or more from the City. People throughout the years
have asked why the City ,seeds to maintain so much money in reserve and why
not spend it on projects. Thankfully, the City has the reserves so that it does not
have to consider laying off employees. She asked that if in renegotiating the
lease for City Hall if the City anticipated an increase in the lease cost and
whether that increase had been factored into the budget?
JUNE 2, 2009 PAGE 6 CITY COUNCIL
CM/DeStefano responded that since the lease does not expire for another year, it
is not an item within the current draft budget and would instead be a proposed
expenditure for fiscal year 2010-11.
MPT/Herrera said that while the Diamond Ride program is very popular City
Council held a discussion about the limitations and modifications in the program.
She said she was concerned that while the Council tried to set limits on t'ne
program the cost has continued to escalate. She felt the City needs to get a
better handle on the program and asked staff to analyze the program to
determine whether there are excesses and abuses to the program. Perhaps the
City needs to have tighter control of the program in order to minimize or eliminate
abuses. The City cannot afford to have the program expense increase every
year and at the same time provide other services to residents seeking other
services from the City.
CM/DeStefano spoke about the successful Diamond Ride program. It is a
program that is envied by other cities because D.B. provides a range of service
at a very low price. This program is nearing the one-year anniversary of the
program changes and staff has been talking about producing a report for the City
Council on the changes that were made and costs associated with those
changes along with suggestions for potential changes in the future in an attempt
to control the costs. PWD/Liu and ACM/Doyle are working on a package to
present to Council for review.
C/Tye said he appreciated all of the work by staff to make certain the City can
continue to provide the type and level of service and public safety the residents
expect. A couple of years ago there was talk about spending the City's reserves
to build a library or city hall. If it were not for prudent management over the past
20 years this reserve fund would not exist and D.B. would find itself in a similar
situation to what the State is in at this time. The State asked for help to protect
them from themselves and to help them set up a rainy day fund. D.B. has a rainy
day fund and this stormy period is not over. He agreed with MPT/Herrera that
the State's taking of 8% was conservative and the State would likely take even
more. D.B. is prepared to weather this storm due to the efforts of staff. He
appreciates the fact that staff has done such a good job in putting this draft
budget together.
M/Everett opened the meeting for public comments. No one present wished to
comment on the matter.
C/Chang talked about the budget a'nd decreases in income sources. D.B.
balances its budget every year for which he complimented staff.
C/Chang moved, MPT/Herrera seconded to adopt Resolution No. 2009-19:
Approving and Adopting a Budget for the Fiscal Year commencing July 1, 2009
and ending June 30, 2010 including Maintenance and Operations, Spec' -9.1
Funds
Funds and Capital Improvements; and, Appropriating funds for Accounts,
JUNE 2, 2009 PAGE 7 CITY COUNCIL
Departments, Divisions, Objects and Purposes therein set forth. Motion carried
by the following Roll Call vote:
E
91
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
SCHEDULE OF FUTURE EVENTS:
Chang, Tanaka, Tye, MPT/Herrera
M/Everett
None
None
5.1 Planning Commission Meeting — June 9, 2009 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.2 Traffic and Transportation Commission Meeting — June 11, 2009 — 7:00
p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr.
5.3 City Council Meeting — June 16, 2009 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Dr.
CONSENT CALENDAR: MPT/Herrera moved, C/Chang seconded, to approve
the Consent Calendar as presented. Motion carried by the following Roll Call:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
6.1 CITY COUNCIL MINUTES
Chang, Tanaka, Tye, MPT/Herrera
M/Everett
None
None
6.1.1 Study Session of May 19, 2009 — Approved as amended.
6.1.2 Regular Meeting of May 19, 2009 — Approved as submitted.
6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION
COMMISSION MINUTES of May 9, 2009.
6.3 RATIFIED CHECK REGISTER — Dated May 14, 2009 through May 27,
2009 totaling $1,606,785.02.
6.4 APPROVED TREASURER'S STATEMENT — Month of April 2009.
6.5 APPROVED INCREASE OF THE CITY'S FY 08-09 TRANSIT PASS
SUBSIDY FARE REVENUE AND TRANSIT PASS SUBSIDY FARE
EXPENDITURES BY $100,000.
6.6 ADOPTED RESOLUTION NO. 2009-20: SETTING PROPOSITION 4
(GANN) APPROPRIATIONS LIMIT FOR FY 2009-10 IN ACCORDANCE
WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE
GOVERNMENT CODE.
JUNE 2, 2009 PAGE 8 CITY COUNCIL
6.7 ADOPTED RESOLUTION NO. 2009-21: ADOPTING THE STATEMENT
OF INVESTMENT FOR FISCAL YEAR 2009-10.
6.8 (a) ADOPTED RESOLUTION NO. 2009-22: CALLING AND GIVING
NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 3, 2009, FOR THE ELECTION OF CERTAIN
OFFICERS (THREE (3) CITY COUNCIL SEATS) AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES.
(b) ADOPTED RESOLUTION NO. 2009-23: REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 3, 2009 WITH THE SCHOOL ELECTIONS TO BE HELD ON
THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS
CODE.
(c) ADOPTED RESOLUTION NO. 2009-24: ADOPTING
REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER
3, 2009.
6.9 PUBLIC WORKS REQUESTS:
(a) APPROVED DESIGN SERVICES CONTRACT AMENDMENT
WITH NORRIS-REPKE, INC. FOR RESIDENTIAL AREA 5 STREET
MAINTENANCE PROJECT IN THE AMOUNT OF $9,001.73.
(b) REALLOCATED PROPOSITION 1 B FUNDS IN THE AMOUNT OF
$78,000 FROM THE ARTERIAL ZONE 3 CAPITAL IMPROVEMENT
PROGRAM BUDGET TO THE RESIDENTIAL AREA 5 CAPITAL
IMPROVEMENT PROGRAM BUDGET FOR FY 2008-09; APPROVED
PLANS AND SPECIFICATIONS; AND AWARDED THE CONSTRUCTION
CONTRACT FOR THE RESIDENTIAL AREA 5 STREET MAINTENANCE
PROJECT TO DOUG MARTIN CONTRACTING COMPANY, INC. IN THE
AMOUNT OF $743,562.05; AND AUTHORIZED A CONTINGENCY
AMOUNT OF $74,500 FOR CONTRACT CHANGE ORDERS TO BE
APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION
AMOUNT OF $818,062.05.
(c) REALLOCATED PROPOSITION 1B FUNDS IN THE AMOUNT OF
$95,000 FROM THE ARTERIAL ZONE 3 CAPITAL IMPROVEMENT
PROGRAM BUDGET TO THE LYCOMING STREET REHABILITATION
CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FY 2008-09;
APPROVED PLANS AND SPECIFICATIONS; AND AWARDED THE
CONSTRUCTION CONTRACT FOR THE LYCOMING STREET
JUNE 2, 2009 PAGE 9 CITY COUNCIL
REHABILITATION PROJECT IN THE AMOUNT OF $554,660.05 TO RJ
NOBLE COMPANY AND AUTHORIZED A CONTINGENCY AMOUNT OF
$55,500 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY
THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF
$610,160.05.
(d) APPROVED CONSTRUCTION ADMINISTRATION SERVICES
CONTRACT WITH NORRIS-REPKE IN THE AMOUNT OF $35,940 FOR
THE LYCOMING STREET REHABILITATION PROJECT AND
AUTHORIZED A CONTINGENCY AMOUNT OF $3,600 FOR CONTRACT
CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR
A TOTAL AUTHORIZATION OF $39,540.
(e) APPROVED A THREE-YEAR CROSSING GUARD SERVICES
CONTRACT WITH ALL CITY MANAGEMENT SERVICES, INC.,
BEGINNING JULY 1, 2009 THROUGH JUNE 30, 2012.
6.10 APPROVED A ONE-YEAR EXTENSION TO CITY -COUNTY LAW
ENFORCEMENT SERVICES AGREEMENT WITH THE COUNTY OF
LOS ANGELES AND AUTHORIZED THE LAW OFFICES OF DAPEER
ROSENBLIT AND LITVAK TO REPRESENT THE CITY IN LITIGATION
AGAINST THE COUNTY OF LOS ANGELES ASSOCIATED WITH THE
LIABILITY TRUST FUND.
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Tye commented on the pending lawsuit and that he wanted residents to know
that the City Council would do whatever necessary to protect the interest of its
constituents even if it means suing the County of Los Angeles to make sure they
abide by the rules of the game instead of unilaterally pilfering $6 million from a
trust fund. He also wanted everyone to understand that Supervisor Knabe
supports the City's position on this issue. Last Saturday he attended the
D.B./Walnut Sheriff's Substation to help them celebrate 21 years at that location.
Their efforts on the City's behalf are very much appreciate. He recently visited
with Shelly Gentry who expressed concerns about a vacant home next to her.
He appreciated that she brought this matter to the Council's attention. It is
always a benefit to the community to fix a problem and to have the opportunity to
improve the process. He invited residents to join in the D.B. Relay for Life at
Lorbeer Middle School June 13 and 14.
C/Tanaka he attended the Older American Honoree Recognition Ceremony and
luncheon at the Hall of Administration. He attended the State of the City address
in Chino Hills; the 40th Annual LA County Peace Officers Memorial Ceremony
hosted by LA County Sheriff Lee Baca; the Wildlife Corridor Conservation
JUNE 2, 2009 PAGE 10 CITY COUNCIL
Authority meeting on May 27 and congratulated WCCA Advisory Board
appointee Rick Rogers. He reported that WCCA has softened its stance on
electrical lines running through Chino Hills State Park. He attended the Regional
Chamber Mixer hosted by the Walnut Valley Water District; the Relay for Life
Survivor's Breakfast at Pantera Park last Saturday; the D.B./Walnut Sheriff's
Station Open House; the Princess Tea hosted by Miss Diamond Bar and her
court; an Eagle Court of Honor; a tree planting ceremony at Neil Armstrong
Elementary School; and the LA County Fair D.B. Day committee meeting. He
thanked FD/Magnuson and her staff for providing a great budget.
C/Chang said he attended the LA County Fair D.B. Day committee meeting. On
that day a D.B. hero is recognized. There are currently two nominees. Please
let committee members know about a hero you believe should be recognized.
The Sheriff's Department Open House was a great event. He found the new
bulletproof vest to be very interesting and thanked the Sheriff's Department for
keeping the community safe. He also thanked the fire department for
participating in the press conference at the Diamond Bar Center. He spoke
about the importance of having a "kit" of important items and documents ready to
go in the event of evacuation and be ready to cooperate with the fire department.
This year's Friends of the Library Wine Soiree event raised $43,000 for the
library. He thanked Kathleen Newe, Rick Rogers, Tony Torng, Nancy Lyons and
others for helping sponsor the event.
MPT/Herrera said that all five Council Members attended the Sheriff's
Department Open House and other events Council Members have already
spoken about this evening. She attended the San Gabriel Valley Council of
Governments meeting last week. The election of officers was held over to
another meeting due to an unbreakable tie between two nominated candidates
for President. It appears that David Spence will continue to serve as President
until another election changes that circumstance. The group has voted to go
dark for July and August with the next meeting in September. She believed it
was the first occasion of a voting stalemate. During these economic times she
wanted to share some good news. The City pays dues to LAFCO of which she is
a commissioner. Last year the dues went down and again this year dues are
decreasing by $100 per city.
M/Everett wished Dr. Thelma Melendez, Superintendent, Pomona Unified School
District, who was nominated by President 01jama to lead the K-12 at the Federal
Level reporting directly to the Secretary of Education, the best in her new
position. Schools are struggling. He attended the California League of Cities
Mayors and Council Members Forum last week and the topic was continuing
education. The most significant item was the exercise being led by the
organization to take away the 8% loss and fight the State in a concerted effort
with the League, California County Association and the California School Board
Members Association. The National League of Cities previewed a Civic Youth
Environment Engagement for Communities program end tested activities for
youth involvement across the country. He congratulated the volunteer groups
JUNE 2, 2009 PAGE 11 CITY COUNCIL
young and old who contribute to the City. He recognized two Boy Scouts who
were present at the meeting and reminded everyone to drive safely as the school
session ends.
ADJOURNMENT: With no further business to conduct, M/Everett adjourned the
regular City Council meeting at 8:15 p.m.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of , 2009.
RON EVERETT, MAYOR
"
CITY OF DIAMOND BAR Agenda No. 6.2
MINUTES OF THE PARKS & RECREATION COMMISSION
S.C.A.Q.M.D./THE GOVERNMENT CENTER
21865 Copley Drive
Diamond Bar, CA 91765
APRIL 23, 2009
CALL TO ORDER:
Chairman Low called the Parks and Recreation Commission meeting to order at 7:00
p.m. in the SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive,
Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Owens led the Pledge of Allegiance.
ROLL CALL:
Present: Commissioners Benny Liang, Dave Grundy, Ted
Owens, Vice Chairman Lew Herndon, Chairman Ruth Low
Absent: None
Staff Present: Bob Rose, Community Services Director; Anthony
Jordan, Parks and Maintenance Supervisor; Christy Murphey, Recreation Supervisor;
Mickey McKitrick, Recreation Specialist, and Alison Meyers, Community Services
Coordinator.
RECOGNITION OF DB 4YOUTH "IN ACTION" OUTGOING BOARD — CSC/Meyers
RERGANIZATION: SELECTION OF PARKS AND RECREATION
COMMISSION CHAIR AND VICE -CHAIR — continued from the meeting of March 26,
2009.
C/Owens nominated C/Herndon to serve as Chairman of the Parks and Recreation
Commission. C/Liang seconded the nomination. Without objection, C/Herndon was
elected to serve as Chairman of the Parks and Recreation Commission.
C/Low nominated C/Grundy to serve as Vice Chairman of the Parks and Recreation
Commission. C/Liang seconded the nomination. Without objection, C/Grundy was
elected to serve as Vice Chairman of the Parks and Recreation Commission.
MATTERS FROM THE AUDIENCE: None Offered.
CALENDAR OF EVENTS: As listed in the agenda and reported by CSD/Rose.
1. CONSENT CALENDAR
1.1 Approval of Minutes for the March 26, 2009 Regular Meeting.
C/Owens moved, VC/Grundy seconded to approve the minutes as
April 23, 2009 PAGE 2 P&R COMMISSION
2.
K]
corrected. Without objection, the motion was so ordered.
INFORMATIONAL ITEMS
2.1 RECREATION PROGRAM REPORT — RS/Murphey
C/Owens asked if officials were paid by voucher or by cash before each
game. RS/McKitrick responded that they were paid by cash. RS/Murphey
responded to C/Owens that the fees for the Day Camp are $105 for
regular and $125 for extended.
C/Low asked if there was an increase in particular programs for particular
groups. RS/Murphey responded that the numbers of classes are the
same. There was no cost for the taxpayer preparation class participants.
C/Owens congratulated staff on the planning and organization of the
Easter Egg Hunt.
RS/Murphey responded to C/Liang that staff received 65 applications for
Volunteens and staff will interview to fill 40 positions.
2.2 PARKS REPORT — PMS/Jordan
C/Owens asked if there was any progress on recovering the stolen
benches to which PMS/Jordan responded negatively. CSD/Rose
indicated to C/Owens that the pitching machines were donated to the City.
PMS/Jordan responded to VC/Grundy that not all of the electrical vaults
have been completed. Some vaults that were below grade were buried
and others that were in walkways and too high were secured with epoxy
and bolts.
CSD/Rose responded to C/Owens that staff is aware of the complaint
about lack of lighting in the batting cages and he is researching the issue.
2.3 CIP PROGRAM AND SPECIAL PROJECTS REPORT — CSD/Rose
a. Sycamore Canyon Park Trail Phase III — Plan Check completed
and ready to go out to bid.
b. Sycamore Canyon Park Trail Phase IV — submitted for plan check.
C. Sycamore Canyon Park ADA Phase IV — ready for plan check
d. Washington Street Mini Park — design phase interviews should be
completed in time for staff's recommendation to Council on May 5.
OLD BUSINESS:
3.1 FEES FOR ATHLETIC FACILITY USE
CSD/Rose reported that at the last Commission meeting staff did not have
information about the City of Industry settlement which was announced
April 23, 2009
PAGE 3 P&R COMMISSION
the next day. While the City has an opportunity to obtain a substantial
amount of funds those funds are not available now and will not be
available unless and until the stadium is constructed and in use which
could be several years in the future. With respect to the budget, this
program is in a deficit situation with higher expenses than revenues
generated.
VC/Grundy asked what items would be cut to balance the budget.
CSD/Rose responded that no staff cuts are planned at this time. There
will be some considerations with respect to replacing equipment, turf, etc.
Staff is also looking at ways to reduce the landscape contracts. Other
budget items were reduced including budgets for the Diamond Bar Center
and two full time positions remain vacant. These budget considerations
are subject to Council review and approval. Staff expects the revenue
from the Diamond Bar Center to remain steady for the current fiscal year
and increase by about $30,000 next year.
CSD/Rose explained the budget expenditures and the Joint Use
agreement with Pomona Unified School District for the use of Lorbeer
Middle School fields to C/Low. C/Low asked how much of the $160,000
would be recouped based on staff's projected fees. CSD/Rose referred to
staff's report item indicating $77,880 (less than half) would be recovered if
the fees were implemented and the use of the facilities remained at their
current level. C/Low asked what percentage of the entire parks budget is
allocated for Lorbeer. CSD/Rose responded that the City's entire budget
is approximately $19-20 million. The Parks budget is approximately $1
million including Lorbeer. C/Low asked if there were proposals to raise
fees for other facilities and CSD/Rose responded that all fees were
evaluated and all other fees have been adjusted within the past few years.
There are approximately 125 other citywide fees, many of which have not
been adjusted since 1991 that are being reconsidered at this time
including the user fees.
VC/Grundy asked if in the event the Council decided to approve a fee
increase the fees could be re-evaluated each year and CSD/Rose
responded affirmatively. It is up to the Commission to recommend when
the fee increases should go into effect since registration for some
organizations has already begun.
RS/McKitrick responded to C/Owens that one individual who represents
the Diamond Bar Destroyers and spoke at the last meeting said he was
not overly concerned. Representatives for Pony Baseball, Pop Warner,
Diamond Bar Soccer League and the Friday Night Pickup League for
adults are all very concerned. C/Owens asked if any of the user groups
have asked for help from the City and CSD/Rose responded that some of
the organizations have contributed and that the City has from time to time
contributed on a case by case basis. CSD/Rose stated that the City's
intent is to maintain a balanced budget for ongoing maintenance and
operations costs for its facilities.
April 23, 2009 PAGE 4 P&R COMMISSION
CSD/Rose explained to VC/Grundy that although the increase would take
effect July 1 collection of the new fees could be delayed until the January
1, 2010 allocation period.
Chair/Herndon asked if Mrs. Martinez's recommendation for a citywide
fundraiser was something that other cities were doing to raise money to
supplement their user groups. CSD/Rose said he was not aware of such
fundraisers. Typically, fundraisers are supplemented with a great deal of
staff time and effort so they generally do not result in that much profit.
VC/Grundy asked if there were grant funds available for athletic purposes.
CSD/Rose responded that there are grants for one-time costs, not for
ongoing maintenance and operation costs.
C/Low said it seemed to her that the user groups were short of funds and
the City is also short of funds. She believed the Commissioners were
loath to raise the fees because she and her colleagues understand
everyone is short of funds. At some point, however, there has to be a
reality check that if there are going to be services it will cost money.
States with low taxes do not have services so therein is the tradeoff — if a
community wants services they have to be paid for. The City has policy to
be fiscally prudent, a good thing. On the other hand there is a sizeable
reserve and the reserve is there for tough economic times as we are
experiencing at this time. On the other hand, in terms of everyone
pitching in, the user groups are being asked to pay considerably less than
one-half of the actual maintenance costs. Therefore, she did not believe
that staff's requested increase was all that unreasonable.
VC/Grundy said that in economic challenging times it is appropriate to
tighten discretionary spending because non -discretionary spending
continues. It is difficult to say how much reserve is enough for a rainy
day. His point is not whether it is enough or too little — it is that the City
would want to remember that the reserve is there for hardships and as
much as everyone would like to have an abundance of programs for the
kids, these are the types of things that are considered discretionary and
not something that has to be provided. Therefore, the City must be
prudent about what it wants as opposed to what it needs and he would
prefer that the City not consider dipping into what would be considered the
"savings" account and rather consider what the general populace can do
to balance lives and budgets in order to provide activities for the youth
while remaining fiscally responsible.
Chair/Herndon said that one of his pet peeves is taxes and fees and at
this time the City is faced with a short-term problem. If the City were not
facing economic considerations there would likely be no call for an
increase in fees. He suggested that these fees be put in place until such
time as the funds from the NFL Stadium project are made available or
until the economy turns around because he would prefer these fees not be
increased on a permanent basis.
April 23, 2009 PAGE 5 P&R COMMISSION
John Rivera, 24335 Rimford Place, has three kids in Soccer and
participates in Friday night adult soccer open play. He said he would not
have a problem with a reasonable increase and felt all of the proposed
fees should be fair. For example, Group B has an 81 percent usage of
fields but they are only pulling in 64 percent of the proposed revenue
increase and to him that is not fair. Group C has an 11 percent usage
with a 32 percent fee increase. He was a firm believer that more
programs would keep more kids off of the street and he wanted to be fair.
He does not mind that his group pays more but it should be on an equal
basis for the percentage of use.
Chair/Herndon asked Mr. Rivera what he felt was a fair fee for his user
group. Mr. Rivera said he could handle double the fee but not triple the
fee.
VC/Grundy said there have been complaints about encroachment on user
allocations and asking these groups to pay even more would be very
difficult. Has staff given any consideration to how this subject might be
dealt with because if users are paying for a field they believe they have a
right to during a specific period of time they should have full use of that
field. CSD/Rose said that staff believes this situation is much better
controlled now than it was in the past. Staff feels confident that what is
written and backed up by permit is enforceable.
C/Low moved to implement the proposed
implementation of fees effective January
staff re-evaluate fees on an annual basis.
second.
Commission discussion ensued.
low -demand fees with actual
1, 2010 and recommend that
The motion died for lack of a
VC/Grundy moved to vote on the proposed fee as amended to eliminate
CS 7 through 10 and charge the athletic field use without regard to
demand based on the recommended fees shown for CS 1 through 4 and
16; that the fees be implemented on January 1, 2010 and the fees be
reviewed annually. C/Low seconded the motion. The vote on the motion
was 3-2 in favor, with VC/Grundy, C/Low and C/Liang voting yes and
C/Owens and Chair/Herndon voting no.
CSD/Rose stated that this item would most likely be presented to the City
Council at its May 19 meeting.
4. NEW BUSINESS:
4.1 COMMISSION VIEWING OF PLANS — Sycamore Canyon Park Trail —
Phase III; Sycamore Canyon Park Trail — Phase IV and Sycamore Canyon
Park ADA Retrofit — Phase IV.
April 23, 2009
5. ANNOUNCEMENTS:
PAGE 6 P&R COMMISSION
C/Owens congratulated staff on the Birthday Party and Easter Egg Hunt. He
was pleased that the City was able to work out an agreement with City of
Industry to mitigate the effects of the stadium.
VC/Grundy said the City Birthday Party was sensational and seemed to be the
best -attended City Birthday Party to date. CSD/Rose reported that about
$14,000 was collected from the carnival rides this year as opposed to $11,000
last year. The City keeps a portion to help recover some of the costs and the
majority of the money goes to the operators of the games and carnival ride
booths for their non-profit organization use. VC/Grundy said it was very exciting
to him to see so many people in attendance. The local AYSO group's Cottontail
Tournament will be held this weekend.
C/Liang thanked staff for a great job on the City Birthday Party.
C/Low also thanked staff for the City Birthday Party, a great event. She
congratulated new Chairman Herndon.
VC/Grundy thanked C/Low for her service as Chairman of the Commission.
Chair/Herndon said he was thrilled to see all of the volunteers that this City
enjoys. He would like to have the City of Industry and/or the NFL define in
writing the promises that they have made to the D.B. youth sports groups.
April 23, 2009
PAGE 7 P&R COMMISSION
ADJOURNMENT: C/Owens moved, C/Liang seconded, to adjourn the meeting.
With no further business before the Parks & Recreation Commission, Chair/Herndon
adjourned the meeting at 9:04 p.m.
Respectfully Submitted,
BOB ROSE, SECRETARY
Attest:
CHAIRMAN LEW HERNDON
CITY COUNCIL
Agenda # 6.3
Meeting Date: June 16, 2009
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Man 9
TITLE: Ratification of Check Register date May 28, 2009 through June 10, 2009
totaling $885,458.40.
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $885,458.40 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 May 28, 2009 through June 10,
2009 for $885,458.40 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:
A
Finance irector Assistant City M ager
Attachments: Affidavit and Check Register — 05/28/09 through 06/10/09.
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 May 28, 2009 through June 10, 2009 has been audited and is
certified as accurate. Payments have been allowed from the following funds in these
amounts:
Description
Amount
General Fund
$481,039.46
Prop A - Transit Fund
54,258.03
Int. Waste Mgt Fund
7,280.44
Traffic Improvement Fund
11,987.47
CDBG Fund
8,755.92
CLEEP Fund
10,556.58
LLAD 38 Fund
8,405.63
LLAD 39 Fund
448.36
LLAD 41 Fund
302.30
Capital Improvement Projects Fund
279,362.25
Computer Equip. Replacement Fd
23,061.96
$885,458.40
Signed:
Linda G. Man on
Finance Director
City of Diamond Bar - Check Register 05/28/09 thru 06/10/09
Check Date
Check Number
1
Vendor Name
Transaction Description Fund/ Dept
Acct #
1
Amount Total Check Amount
5/28/2009
000091
UNION BANK OF CALIFORNIA, NA
LEASE PYMNT-DBC JUN 09 0014090
42140
1 27,353.56 $27,353.56
5/28/2009
09 -PP 11
PAYROLL TRANSFER
P/R TRANSFER-09/PP 11
001
10200
151,540.99
$157,596.16
5/28/2009
1
PAYROLL TRANSFER
P/R TRANSFER-09/PP 11
112
10200
4,308.77
5/28/2009
85162
PAYROLL TRANSFER
P/R TRANSFER-09/PP 11
115
10200
1,240.48
$2,688.00
5/28/2009
PAYROLL TRANSFER
P/R TRANSFER-09/PP 11
125
10200
505.92
5/28/2009 1 85158 JAMERICOMP GROUP INC SUPPLIES -TONERS 1 0014070 1 45000 1 693.681 $693.68
5/28/2009
85159
PIERRE BANTOLO
FACILITY REFUND -DBC
001
23002
100.00
$573.32
5/28/2009
1
PIERRE BANTOLO
FACILITY REFUND -DBC
001
23004
83.32
5/28/2009
85162
PIERRE BANTOLO
FACILITY REFUND -DBC
001
36615
390.00
$2,688.00
5/28/2009
85160
BRIAN HUGHES CONSTRUCTION
RETENTION RELEASE
125
20300
1,500.00
$6,000.00
5/28/2009
1
BRIAN HUGHES CONSTRUCTION
RETENTION PAYABLE
125
20300
-500.00
5/28/2009
85162
BRIAN HUGHES CONSTRUCTION
HIP PROG-23421 STIRRUP
1255215
44000
5,000.00
$2,688.00
5/28/2009 1
85161
ITYRA CABALLERO
1FACILITY REFUND -PETERSON
1 001
1 23002 1
50.001
$50.00
5/28/2009
1
CDW GOVERNMENT INC.
COMP EQ-I.T.
5304070
46230
19,398.96
5/28/2009 1
85162
ICALIFORNIA CONSERVATION CORP
IGRAFFITI REMOVAL-POMONA
0015558
1 45500 1
2,688.001
$2,688.00
5/28/2009 1
85163
1JENNIFER CAMPBELL
IRECREATION REFUND
1 001
1 34780 1
(30.001
$60.00
5/28/2009 1
85164
ICECILIA CANCHOLA
IFACILITY REFUND -MAPLE HLL
1001
123002 1
50.001
$50.00
5/28/2009
85165
CDW GOVERNMENT INC.
COMP EQ-I.T.
5304070
46230
267.51
$23,061.96
5/28/2009
1
CDW GOVERNMENT INC.
COMP EQ-I.T.
5304070
46230
19,398.96
5/28/2009
85167
CDW GOVERNMENT INC.
COMP EQ-I.T.
5304070
46230
3,395.49
$618.45
5/28/2009 1
85166
JDAPEER ROSENBLIT & LITVAK LLP
ILEGAL SVCS -APR 09
1 0014020
1 44023 1
2,595.471
$2,595.47
5/28/2009
1
CAROL DENNIS
IPROF.SVCS-PLNG 5/12
0015210
44000
1 25.00
5/28/2009 1
85167
JDAVID A DOYLE
REIMB-CCCA CONF
1 42330 1
618.451
$618.45
5/28/2009
85168
CAROL DENNIS
PROF.SVCS-SS/CC MTGS
0014030
44000
300.00$325.00
5/28/2009
1
CAROL DENNIS
IPROF.SVCS-PLNG 5/12
0015210
44000
1 25.00
5/28/2009 1 85169 JDH MAINTENANCE 1JANITORIAL SVCS -DBC MAY 1 0015333 1 45300 1 12,250.831 $12,986.00
Page 1
City of Diamond Bar - Check Register 05/28/09 thru 06/10/09
Check Date Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount Total Check Amount
5/28/2009 85169...
DH MAINTENANCE
JANITORIAL SVCS -PARKS
0015340
42210
1 735.17 $12,986.00 ...
5/28/2009
1 85170
DIAMOND BAR INTERNATIONAL DELI
MTG SUPPLIES -COMM SVCS
0015310
1 42325
1 85.00
$355.00
5/28/2009
1
DIAMOND BAR INTERNATIONAL DELI
IMTG SUPPLIES-CNCL 5/19
0014090
1 42325
1 270.00
5/28/2009 1
85171
IDIANA CHO & ASSOCIATES
PROF.SVCS-CDBG APR 09
1255215
44000
2,250.00
$2,250.00
5/28/2009
1
EXTERMINETICS OF SO CAL INC
PEST CONTROL -DBC APR
0015333
45300
75.00
5/28/2009 1
85172
IDISCOUNT SCHOOL SUPPLY
SUPPLIES -DAY CAMP
0015350
41200
366.591
$366.59
5/28/2009
EXTERMINETICS OF SO CAL INC
PEST CONTROL -PETERSON
0015333
45300
50.00
5/28/2009 1
85173
1EXCELLANDSCAPE
IREFURBISH MEDIANS-G/SPRNG
1 1385538
t 42210 1
6,650.001
$6,650.00
5/28/2009
85174
EXTERMINETICS OF SO CAL INC
PEST CONTROL -DBC APR
0015333
45300
40.00
$425.00
5/28/2009
1
EXTERMINETICS OF SO CAL INC
PEST CONTROL -DBC APR
0015333
45300
75.00
5/28/2009
85176
EXTERMINETICS OF SO CAL INC
PEST CONTROL -DBC APR
0015333
45300
40.00
$2,185.72
5/28/2009
EXTERMINETICS OF SO CAL INC
PEST CONTROL -PETERSON
0015333
45300
50.00
5/28/2009
85177
EXTERMINETICS OF SO CAL INC
PEST CONTROL -HERITAGE
0015333
45300
40.00
$50.00
5/28/2009
EXTERMINETICS OF SO CAL INC
IPEST CONTROL-PANTERA
0015333
1 45300
180.00
5/28/2009 1
85175
IFEDEX
1EXPRESS MAIL -GENERAL
1 0014090
1 42120
69.79
$69.79
5/28/2009
1
GRAND MOBIL
VEH MAINT-NGHBRHD IMP
0015230
1 42310
38.31
5/28/2009 1
85176
JFEHR & PEERS
ITRFFC ENG SVCS -SR 57/60
11165510
1 44000 1
2,185.72
$2,185.72
5/28/2009 1
85177
INANCY GONZALEZ
IFACILITY REFUND-PANTERA
1 001
23002 1
50.001
$50.00
5/28/2009
1 85178
GRAND MOBILVEH
MAINT-COMM SVCS
0015310
1 42310
16.57
$54.88
5/28/2009
1
GRAND MOBIL
VEH MAINT-NGHBRHD IMP
0015230
1 42310
38.31
5/28/2009
85179
HARDY & HARPER INC
ROAD MAINT-SUNSET XING
0015554
45502
17,580.48
$19,370.08
5/28/2009
1
HARDY & HARPER INC
ROAD MAINT-SUNSET XING
0015554
45502
573.60
5/28/2009
HARDY & HARPER INC
ROAD MAINT-STORM DRAIN
0015554
45502
1,216.00
5/28/2009 1 85180 IHOLLYWOOD BOWL EXCURSION-HOLLYWD BOWL 1 0015350 45310 1 932.001 $932.00
5/28/2009
85181
EXPRESS SERVICES
ANNL SUPPORT -STORAGE
0014070
1 42205
7,873.00
$8,913.00
5/28/2009
1
JHP
HP EXPRESS SERVICES
COMP MAINT-I.T.
0014070_L42205
1,040.00
5/28/2009 1 85182 JIPROMOTEU INC IPROMO ITEMS -RECYCLE 1 1155516 1 41400 1 3,041.981 $3,041.98
Page 2
City of Diamond Bar - Check Register 05/28/09 thru 06/10/09
5/28/2009
85184
KENS HARDWARE
MAINT SUPPLIES -PARKS
0015340
42210
376.95
Total Check Amount
Check Date
Check Number
Vendor Name
SUPPLIES -DBC
Transaction Description
41200
Fund/ Dept
Acct #
Amount
85186
KENS HARDWARE
SUPPLIES -RECREATION
0015350
41200
595.83
$2,815.00
$3,000.00
5/28/2009
1 85183 IJOE
A. GONSALVES & SON INC.
ILEGISLATIVE SVCS -JUN 09
0014030 1
44000 1
3,000.001
5/28/2009
85184
KENS HARDWARE
MAINT SUPPLIES -PARKS
0015340
42210
376.95
$1,084.48
5/28/2009
KENS HARDWARE
SUPPLIES -DBC
0015333
41200
94.24
5/28/2009
85186
KENS HARDWARE
SUPPLIES -RECREATION
0015350
41200
595.83
$2,815.00
5/28/2009
KENS HARDWARE
SUPPLIES -COMM SVCS
0015310
42200
17.46
5/28/2009 1
85185
ISOPHIA KHAN
IRECREATION REFUND
001
1 34780 1
50.001
$50.00
5/28/2009
JULIUS KPADUWA
FACILITY REFUND -DBC
001
36610
-290.00
5/28/2009 1
85186
IKIRK STEINKE ELECTRIC
IREPAIR IRRIGATION-PANTERA
0015340
1 42210 1
2,815.00
$2,815.00
5/28/2009 1
85187
IGABRIELA KLEIN
ICONTRACT CLASS -SPRING
0015350
1 45320 1
972.001
$972.00
5/28/2009
85188
JULIUS KPADUWA
FACILITY REFUND -DBC
001
23002
500.00
$193.00
5/28/2009
JULIUS KPADUWA
FACILITY REFUND -DBC
001
36610
-290.00
5/28/2009
85190
JULIUS KPADUWA
FACILITY REFUND -DBC
001
36615
-17.00
$230.00
5/28/2009 1
85189
JKWANG HO LEE
PLNG COMM -5/12
1 0015210
1 44100 1
65.001
$65.00
5/28/2009
LOS ANGELES COUNTY PUBLIC WORKS
FUEL-P/WORKS
0015554
42310
7.78
5/28/2009 1
85190
ILIEBERT CASSIDY WHITMORE
ILEGAL SVCS-H/R
1 0014020
1 44021 1
230.001
$230.00
5/28/2009
85191
LOS ANGELES COUNTY PUBLIC WORKS
FUEL -COMM SVCS
0015310
42310
384.47
$554.88
5/28/2009
LOS ANGELES COUNTY PUBLIC WORKS
FUEL-P/WORKS
0015554
42310
7.78
5/28/2009
85195
LOS ANGELES COUNTY PUBLIC WORKS
FUEL -POOL VEH
0014090
42310
162.63
$190.00
5/28/2009 1 85192 ILOS ANGELES COUNTY SHERIFF'S DEPT. 1HELICOPTER SVCS-FEB/MAR 1 0014411 1 45401 1,301.84 $1,301.84
5/28/2009
85193
MCE CORPORATION
ROAD MAINT-APR 09
0015554
45502
8,243.40
$9,514.70
5/28/2009
MCE CORPORATION
RIGHT-OF-WAY MAINT-APR
0015554
45522
1,033.46
5/28/2009
85195
MCE CORPORATION
STORM DRAIN MAINT-APR
0015554
45512
237.84
$190.00
5/28/2009 1
85194
IMENU DYNAMICS
AD -CHEESECAKE FCTRY MENU
1 0014095
1 42115 1
4,200.001
$4,200.00
5/28/2009 1
85195
IMENDY MIAO
IRECREATION REFUND
001
1 34780 1
190.001
$190.00
5/28/2009 1
85196
JUESLIE MURADIAN
ENTERTAINMENT -SR DANCE
0015350
1 45300 1
400.001
$400.00
Page 3
City of Diamond Bar - Check Register 05/28/09 thru 06/10/09
5/28/2009
85199
PERS RETIREMENT FUND
SURVIVOR BENEFIT
001
21109
Total Check Amount
Check Date
Check Number
Vendor Name
PERS RETIREMENT FUND
Transaction Description
001
Fund/ Dept
Acct #
Amount
5/28/2009
85201
PERS RETIREMENT FUND
RETIRE CONTRIB-ER
001
21109
$65.00
5/28/2009
1 85197 ISTEVE G NELSON
JPLNG COMM -5/12
0015210 1
44100 1
65.00
42126
71.76
5/28/2009 1
85202
IVALERIE SANDER
$794.40
5/28/2009
1 85198 JOLYMPIC STAFFING SERVICES
TEMP SVCS-C/SVCS WK 5/17
0015310 1
44000 1
794.401
5/28/2009
85199
PERS RETIREMENT FUND
SURVIVOR BENEFIT
001
21109
46.50
$24,496.18
5/28/2009
PERS RETIREMENT FUND
RETIRE CONTRIB-EE
001
21109
9,651.38
5/28/2009
85201
PERS RETIREMENT FUND
RETIRE CONTRIB-ER
001
21109
14,798.30
$2,507.01
5/28/2009 1
85200
IREGIONAL CHAMBER OF COMMERCE
ICONTRACT SVCS -JUN 09
1 0014096
1 45000 1
1,000.001
$1,000.00
5/28/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
125.44
5/28/2009 1
85201
IS C SIGNS & SUPPLIES LLC
ICITY SIGNS -ROAD MAINT
10015554
1 41250 1
2,507.011
$2,507.01
5/28/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
71.76
5/28/2009 1
85202
IVALERIE SANDER
IFACILITY REFUND-REAGAN
1001
1 23002 1
50.001
$50.00
5/28/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
86.73
5/28/2009 1
85203
ISECTRAN SECURITY INC.
ICOURIER SVCS -CITY B/DAY
1 0015350
1 42353 1
195.00
$195.00
5/28/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
45.60
5/28/2009 1
85204
ISO COAST AIR QUALITY MGT DISTRICT
LEASE -CITY HALL JUN 09
1 0014090
1 42140 1
22,416.451
$22,416.45
5/28/2009
85205
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
55.70
$619.31
5/28/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
125.44
5/28/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
62.18
5/28/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
71.76
5/28/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
50.08
5/28/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
86.73
5/28/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
103.26
5/28/2009
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
45.60
5/28/2009
SOUTHERN CALIFORNIA EDISON
1ELECT SVCS -DIST 41
1415541 1
42126
18.56
5/28/2009 1 85206 ISOUTHERN CALIFORNIA EDISON JELECT SVCS -SUNSET CRSSNG 1 2505510 1 46412 1 2,726.451 $2,726.45
5/28/2009 1 85207 IKEVIN STALTER IFACILITY REFUND -DBC 1 001 1 23002 1 350.001 $350.00
5/28/2009
85208
STANDARD INSURANCE OF OREGON
JUNE 09 -LIFE INS PREMS
001
21106
1,185.01
$3,069.21
5/28/2009
STANDARD INSURANCE OF OREGON
JUNE 09-STD/LTD
001
21112
1,717.20
1
5/28/2009
STANDARD INSURANCE OF OREGON
JUNE 09-SUPP LIFE INS PRE
001
21106
167.00
Page 4
City of Diamond Bar - Check Register 05/28/09 thru 06/10/09
Check Date
Check Number Vendor Name Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
5/28/2009
85209 STEVE M TYE REIMB-CCCA CONF
0014010
42330
1 106.59
$106.59
5/28/2009
85210
THE COMDYN GROUP INC
CONSULTING SVCS-I.T.
001407044000
42126
1,075.20
$2,943.95
5/28/2009
THE COMDYN GROUP INC
CONSULTING SVCS-I.T.
0014070
44000
1,868.75
5/28/2009 1 85211 ITHE EXPO PROS IBUS EXPO BOOTH -DBC 1 0015333 1 42141 1 999.001 $999.00
5/28/2009
85212
THE GAS COMPANY
GAS SVCS -HERITAGE
0015340
42126
53.02
$495.56
5/28/2009
THE GAS COMPANY
GAS SVCS -DBC
0015333
1 42126
442.54
5/28/2009 I
85213
ITHOMAS TILAHUN
IRECREATION REFUND
1 001
1 34780 1
70.001
$70.00
5/28/2009
IVERIZON CALIFORNIA
PH.SVCS-DBC
0015333
42125
1 87.93
5/2812009 1
85214
ITIME WARNER
IMODEM SVCS -COUNCIL
0014010
1 42130 1
46.951
$46.95
5/28/2009
VERIZON WIRELESS -LA
CELL CHRGS-DESFORGES
0014070
42125
50.41
5/2812009 1
85215
ITRAFFIC DATA SYSTEMS SERVICES
ITRAFFIC COUNT SVCS -ENG
0015551
1 45222 1
200.001
$200.00
5/28/2009
IVERIZON WIRELESS -LA
ICELL CHRGS-LASD MODEM
0014411 1
42125
1 45.011
1
5/28/2009 1
85216
JUNITED PARCEL SERVICE
SUPPLIES -COMM SVCS
0015310
1 41200 1
40.151
$40.15
5/2812009 1
85217
IVANTAGEPOINT TRNSFR AGNTS-303248
05/29/09-P/R DEDUCTIONS
1 001
1 21108 1
4,652.541
$4,652.54
5/2812009
85218
VERIZON CALIFORNIA
PH.SVCS-DIAL IN MODEM
0015333
42125
73.95
$161.88
5/28/2009
IVERIZON CALIFORNIA
PH.SVCS-DBC
0015333
42125
1 87.93
5/2812009
85219
VERIZON WIRELESS -LA
CELL CHRGS-CMGR
0014030
42125
69.96
$260.25
5/28/2009
VERIZON WIRELESS -LA
CELL CHRGS-EOC
0014440
42125
44.32
5/2812009
85221
VERIZON WIRELESS -LA
CELL CHRGS-GENERAL
0014090
42125
0.14
$1,280.63
5/28/2009
VERIZON WIRELESS -LA
CELL CHRGS-DESFORGES
0014070
42125
50.41
5/2812009
85222
VERIZON WIRELESS -LA
CELL CHRGS-AZIZ
0014070
42125
50.41
$120.00
5/28/2009
IVERIZON WIRELESS -LA
ICELL CHRGS-LASD MODEM
0014411 1
42125
1 45.011
1
5/2812009 1
85220
IVISION INTERNET PROVIDERS INC
IMONTHLY HOSTING -MAY 09
1 0014070
1 44030 1
150.00
$150.00
5/28/2009 1
85221
IVISION SERVICE PLAN
IJUNE 09 -VISION PREMIUMS
1 001
1 21107 1
1,280.63
$1,280.63
5/28/2009 1
85222
IVIVIA WELLER
IRECREATION REFUND
1 001
1 34780 1
120.001
$120.00
5/28/2009 1
85223
ITHERESA WINECKI
ICONTRACT CLASS -SPRING
1 0015350
1 45320 1
360.001
$360.00
Page 5
City of Diamond Bar - Check Register 05/28/09 thru 06/10/09
Check Date
Check Number
Vendor Name Transaction Description Fund/ Dept
Acct #
I Amount
I Total Check Amount
6/4/2009
1 85240...
JDAY & NITE COPY CENTER SUPPLIES-CNCL 0014010
1 41200 1
566.241
$604.48...
6/4/2009 1
85241
IJAMES DESTEFANO
I REIMB-CCCA CONF
1 0014030
1 42330 1
147.541
$147.54
6/4/2009
1
DIVERSIFIED PARATRANSIT INC
SHUTTLE SVCS -CITY B/DAY
1125350
1 45310
1 2,513.28
6/4/2009 1
85242
IDELTA DENTAL
IJUNE 09 -DENTAL PREMIUMS
001
1 21104 1
3,188.151
$3,188.15
6/4/2009
EXCEL LANDSCAPE
ADDL MAINT-DIST 38
1385538
42210
1,218.25
6/4/2009 1
85243
ICAROL DENNIS
PROF.SVCS-PLNG MTG
1 0015210
1 44000 1
'90.001
50.00
6/4/2009 1
85244
JDH MAINTENANCE
JADDL MAINT-DBC MAY
1 0015333
1 45300 1
775.001
$775.00
6/4/2009 1
85245
IDIAMOND RANCH HIGH SCHOOL
PROCEEDS -CITY B/DAY
1 0015350
1 42353 1
427.781
$427.78
5/4/2009
85246
DIVERSIFIED PARATRANSIT INC
DIAMOND RIDE -APR 09
1125553
45529
46,564.98
$49,078.26
6/4/2009
1
DIVERSIFIED PARATRANSIT INC
SHUTTLE SVCS -CITY B/DAY
1125350
1 45310
1 2,513.28
6/4/2009 1 85247 IDOLPHIN RENTS INC JEQ RENTAL -CITY B/DAY 1 0015350 1 42353 1 9,168.261 $9,168.26
6/4/2009
85248
EVERGREEN INTERIORS
PLANT SVCS -DBC
0015333
1 45300
1 185.00
$320.00
6/4/2009
EVERGREEN INTERIORS
PLANT SVCS -HERITAGE
0015340
1 45300
1 135.00
6/4/2009
85249
EXCEL LANDSCAPE
ADDL MAINT-DIST 38
1385538
42210
442.38
$2,392.73
6/4/2009
EXCEL LANDSCAPE
ADDL MAINT-DIST 39
1395539
42210
283.37
6/4/2009
85252
EXCEL LANDSCAPE
ADDL MAINT-DIST 41
1415541
42210
283.74
$8,029.80
6/4/2009
EXCEL LANDSCAPE
ADDL MAINT-DIST 38
1385538
42210
1,218.25
6/4/2009
85253
EXCEL LANDSCAPE
ADDL MAINT-DIST 39
1395539
42210
164.991
1
6/4/2009
85250
FEDEX
EXPRESS MAIL -GENERAL
0014090
1 42120
173.23
$196.24
6/4/2009
FEDEX
EXPRESS MAIL -FPL 2002-63
001
23010
11.50
6/4!2009
85252
FEDEX
EXPRESS MAIL -FPL 2002-09
001
23010
11.51
$8,029.80
6/4/2009 1
85251
IFIRE EXPLORES POST 19
CONCESSION -CITY B/DAY
1 0015350
1 42353 1
57.00
$57.00
6/4/2009 1
85252
IFONSECA CONSTRUCTION INC
IRETENTION PAYMENT
1 250
1 20300 1
8,029.80
$8,029.80
6/4/2009 1
85253
IGATEWAY FRIENDS CHURCH
REIMB-CITY B/DAY CELEB
1 0015350
1 42353 1
120.00
$120.00
6/4/2009 1
85254
IGIRL SCOUT TROOP 495
REIMB-CITY B/DAY CELEB
1 0015350
1 42353 1
57.501
$57.50
Page 7
City of Diamond Bar - Check Register 05/28/09 thru 06/10/09
6/4/2009
85259
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-559
001
34650
-187.50
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
6/4/2009
1 85255 IGO LIVE TECHNOLOGY INC
PROF.SVCS-CITY VIEW PROJ
1 001 1
23005 1
1,800.001
$1,800.00
144.56
6/4/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 04-453
001
6/4/2009
85256 IGRAND MOBIL
IVEH MAINT-ROAD MAINT
0015554 1
42310 1
549.531
$549.53
001
23012
13.13
6/4/2009
HALL & FOREMAN, INC.
6/4/2009
85257 IMEGHAN GUZMAN
FACILITY REFUND -DBC
1 001 1
23002 1
100.001
$100.00
6/4/2009
85259
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-559
001
34650
-187.50
$5,350.78
6/4/2009
HALL & FOREMAN, INC.
PROF.SVCS-EN 04-453
001
23012
578.25
6/4/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 04-453
001
23012
144.56
6/4/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 04-453
001
34650
-144.56
6/4/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 03-393
001
23012
13.13
6/4/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 03-393
001
34650
-13.13
6/4/2009
HALL & FOREMAN, INC.
PROF.SVCS-EN 05-496
001
23012
78.75
6/4/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 05496
001
23012
19.69
6/4/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 05-496
001
34650
-19.69
6/4/2009
HALL & FOREMAN, INC.
PROF.SVCS-EN 03-363
001
23012
250.00
'
6/4/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 03-363
001
23012
62.50
6/4/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 03-363
001
34650
-62.50
6/4/2009
HALL & FOREMAN, INC.
PROF.SVCS-EN 03-393
001
23012
52.50
6/4/2009
HALL & FOREMAN, INC.
PROF.SVCS-EN 06-516
001
23012
509.50
6/4/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 06-516
001
23012
127.38
6/4/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 06-516
001
34650
-127.38
6/4/2009
HALL & FOREMAN, INC.
PROF.SVCS-EN 06-514
001
23012
183.75
6/4/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 06-514
001
23012
45.94
6/4/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 06-514
001
34650
-45.94
6/4/2009
HALL & FOREMAN, INC.
PROF.SVCS-EN 03-385
001
23012
250.00
6/4/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 03-385
001
23012
62.50
6/4/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 03-385
001
34650
-62.50
6/4/2009
HALL & FOREMAN, INC.
PROF.SVCS-EN 09-635
001
23012
1,125.00
6/412009
HALL & FOREMAN, INC.
ADMIN FEE -EN 09-635
001
23012
281.25
6/4/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 09-635
001
34650
-281.25
6/4/2009
HALL & FOREMAN, INC.
PROF.SVCS-EN 07-555
001
23012
105.00
64/2009
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-555
001
23012
26.25
6/4/2009
HALL & FOREMAN, INC. JADMIN
FEE -EN 07-555 1
001 1
34650 1
-26.25
Page 8
City of Diamond Bar - Check Register 05/28/09 thru 06/10/09
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
6/4/2009
85259...
HALL & FOREMAN, INC.
PROF.SVCS-EN 07-559
001
23012
750.00
$5,350.78 ...
6/4/2009
85267
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-559
001
23012
187.50
$289.16
6/4/2009
HALL & FOREMAN, INC.
PROF.SVCS-PLAN CHECK
0015551
R45223
656.25
6/4/2009
85268
HALL & FOREMAN, INC.
PROF.SVCS-PLAN CHECK
0015551
45223
73.95
$85.62
6/4/2009
HALL & FOREMAN, INC.
PROF.SVCS-PLAN CHECK
0015551
45223
549.58
6/4/2009
85269
HALL & FOREMAN, INC.
PROF.SVCS-PLAN CHECK
0015551
1 45223 1
188.25
$620.00
6/4/2009 1 85260 ISHIRLEY HELMER MAINT-DBC 1 0015333 1 42210 1 64.651 $64.65
6/4/2009
85261
JASMINE HERNANDEZ
FACILITY REFUND -DBC
001
23002
50.00$150.00
$59,857.87
6/4/2009
1
JASMINE HERNANDEZ
FACILITY REFUND -DBC
001
23002
1 100.00
6/4/2009
85262
HILTON FARNKOPF & HOBSON LLC
PROF.SVCS-SOLID WASTE
0015510
44000
16,775.85
$59,857.87
6/4/2009
1
HILTON FARNKOPF & HOBSON LLC
PROF.SVCS-SOLID WASTE
0015510
44000
14,919.02
6/4/2009
85267
HILTON FARNKOPF & HOBSON LLC
PROF.SVCS-SOLID WASTE
0015510
44000
18,860.20
$289.16
6/4/2009
HILTON FARNKOPF & HOBSON LLC
PROF.SVCS-SOLID WASTE
0015510
44000
9,302.80
6/4/2009
85263
HOME DEPOT CREDIT SERVICES
SUPPLIES -PARKS
0015340
42210
292.98
$335.91
6/4/2009
1
HOME DEPOT CREDIT SERVICES
SUPPLIES -PARKS
0015340
1 42210
42.911
6/4/2009
85264
EMPIRE STAGES
EXCURSION -DAY IN LA
0015350
45310
880.00
$1,751.00
6/4/2009
1
JINLAND
INLAND EMPIRE STAGES
1EXCURSION-TRANSPORTATN
1125350
1 45310
1 871.00
6/4/2009
85265
INLAND VALLEY DAILY BULLETIN
AD-NOTCE TO BIDDERS
0015510
42115
135.00
$767.50
6/4/2009
INLAND VALLEY DAILY BULLETIN
LEGAL AD -FPL 2009-346
001
23010
315.00
6/4/2009
85267
INLAND VALLEY DAILY BULLETIN
LEGAL AD -FPL 2009-348
001
23010
317.50
$289.16
6/4/2009
85266
1 INTERNATIONAL CITY/COUNTY MGMT ASSN
IMEMBERSHIP DUES-DOYLE
0014030
1 42315 1
1,255.071
$1,255.07
6/4/2009 1
85267
IJIN KIM DDS
IRECREATION REFUND
001
1 36615 1
289.16
$289.16
6/4/2009 1
85268
JKWIK COVERS
SUPPLIES -COMM SVCS
1 0015350
1 41200 1
85.62
$85.62
6/4/2009 1
85269
ILA DATA SECURITY
JDATA STORAGE SVCS -MAY
1 0014070
1 45000 1
620.00
$620.00
6/4/2009 1
85270
ILANTERMAN DEV CENTER/COMM INDUSTRIE
PARKWAY MAINT-MAY 09
0015558
1 45503 1
1,982.761
$1,982.76
Page 9
City of Diamond Bar - Check Register 05/28/09 thru 06/10/09
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
6/4/2009
85271
FRANCES LEE
FACILITY REFUND -DBC
001
23002
1 350.00
$350.00
6/4/2009
85272
LEIGHTON & ASSOCIATES, INC.
PROF.SVCS-EN 08-624
001
23012
242.26
$4,551.32
6/4/2009
LEIGHTON & ASSOCIATES, INC.
ADMIN FEE -EN 08-624
001
23012
43.61
6/4/2009
LEIGHTON & ASSOCIATES, INC.
ADMIN FEE -EN 08-624
001
34650
-43.61
6/4/2009
LEIGHTON & ASSOCIATES, INC.
PROF.SVCS-EN 03-363
001
23012
1,460.00
6/4/2009
LEIGHTON & ASSOCIATES, INC.
ADMIN FEE -EN 03-363
001
23012
262.80
6/4/2009
LEIGHTON & ASSOCIATES, INC.
ADMIN FEE -EN 03-363
001
34650
-262.80
6/4/2009
LEIGHTON & ASSOCIATES, INC.
PROF.SVCS-SUNSET XING
0015554
44520
1,927.00
6/4/2009
LEIGHTON & ASSOCIATES, INC.
PROF.SVCS-SUNSET XING
1 0015554
44520
1 922.06
6/4/2009
85274
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2009-347
001
34430
-290.70
$15,722.50
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2009-347
001
23010
290.70
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2008-340
001
34430
-222.30
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2008-340
001
23010
222.30
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2008-327
001
34430
-8.55
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2008-327
001
23010
8.55
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2008-327
001
34430
-8.55
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2008-327
001
23010
8.55
6/4/2009
LILLEY PLANNING GROUP INC
PROF.SVCS-FPL 2002-65
001
34430
-8.55
6/4/2009
LILLEY PLANNING GROUP INC
PROF.SVCS-FPL 2002-65
001
23010
8.55
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2002-63
001
34430
-17.10
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2002-63
001
23010
17.10
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2005-147
001
34430
-136.80
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2005-147
001
23010
136.80
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2002-09
001
34430
-171.00
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2002-09
001
23010
171.00
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2008-337
001
34430
-68.40
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2008-337
001
23010
68.40
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2009-345
001
34430
-188.10
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2009-345
001
23010
188.10
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2007-254
001
23010
478.80
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2007-254
001
34430
-478.80
6/4/2009
LILLEY PLANNING GROUP INC
ADMIN FEE -FPL 2007-296
001
34430
-68.40
6/4/2009
LILLEY PLANNING GROUP INC 1ADMIN
FEE -FPL 2007-296 1
001
23010
68.40
Page 10
City of Diamond Bar - Check Register 05/28/09 thru 06/10/09
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
6/4/2009
85274...
LILLEY PLANNING GROUP INC
PROF.SVCS-FPL 2002-63
001
23010
95.00
$15,722.50 ...
6/4/2009
85277
LILLEY PLANNING GROUP INC
PROF.SVCS-FPL 2005-147
001
23010
760.00
$150.12
6/4/2009
LILLEY PLANNING GROUP INC
PROF.SVCS-FPL 2008-327
001
23010
47.50
614/2009
85281
LILLEY PLANNING GROUP INC
PROF.SVCS-FPL 2002-65
001
23010
47.50
$78.75
6/4/2009
LILLEY PLANNING GROUP INC
PROF.SVCS-FPL 2008-340
001
23010
1,235.00
6/4/2009
LILLEY PLANNING GROUP INC
PROF.SVCS-FPL 2008-332
001
23010
47.50
6/4/2009
LILLEY PLANNING GROUP INC
PROF.SVCS-FPL 2009-347
001
23010
1,615.00
6/4/2009
LILLEY PLANNING GROUP INC
PROF.SVCS-FPL 2007-296
001
23010
380.00
6/4/2009
LILLEY PLANNING GROUP INC
PROF.SVCS-PLNG APR 09
0015210
44250
6,460.00
6/4/2009
LILLEY PLANNING GROUP INC
PROF.SVCS-FPL 2009-345
001
23010
1,045.00
6/4/2009
LILLEY PLANNING GROUP INC
PROF.SVCS-FPL 2007-254
001
23010
2,660.00
6/4/2009
LILLEY PLANNING GROUP INC
PROF.SVCS-FPL 2002-09
001
23010
950.00
6/4/2009
ILILLEY
PLANNING GROUP INC
PROF.SVCS-FPL 2008-337 1
001 1
23010 1
380.00
6/4/2009
1 85275
LONG BEACH BMW MIC
RADAR EQ- SHERIFF
1284411
1 46250 1
4,649.91
$10,556.58
6/4/2009
1
LONG BEACH BMW M/C
RADAR EQ -SHERIFF
1284411
1 46250
1 51906.67
6/4/2009 1
85276
LOWE'S BUSINESS ACCOUNT
SUPPLIES -DBC
1 0015333
1 41200 1
100.251
$100.25
6/4/2009
1
JOHN MELENDEZ
FACILITY REFUND -DBC
001
36615
40.00
614/2009 1
85277
IMANAGED HEALTH NETWORK
JUNE 09 -EAP PREMIUMS
001
121115 1
150.121
$150.12
6/4/2009
85278
JOHN MELENDEZ
FACILITY REFUND -DBC
001
23002
100.00
$140.00
6/4/2009
1
JOHN MELENDEZ
FACILITY REFUND -DBC
001
36615
40.00
614/2009 1
85279
IMINUTEMAN PRESS R & D BLUEPRINT
IPRINT SVCS -EN 04-459
1 001
1 23012 1
28.581
$28.58
6/4/2009
NORRIS REPKE INC
INSTALL-CDBG CURB RAMP
2505510
46420
1,865.00
614/2009 1
85280
IMOBILE INDUSTRIAL SUPPLY INCORP
SUPPLIES -DBC
0015333
1 41200 1
8.001
$8.00
6/4/2009
NORRIS REPKE INC
ST REHAB -CHINO HLLS PKWY
2505510
46411
11,460.00
6/4/2009 1
85281
IMOBILE RELAY ASSOCIATES INC
IREPEATER SVCS -JUN 09
0014440
1 42130 1
78.751
$78.75
6/4/2009
85282
NORRIS REPKE INC
SLURRY SEAL -ARTERIAL 5
2505510
46411
3,530.00
$80,390.00
6/4/2009
NORRIS REPKE INC
INSTALL-CDBG CURB RAMP
2505510
46420
1,865.00
6/4/2009
NORRIS REPKE INC
SLURRY SEAL -ARTERIAL 4
2505510
46411
50,117.50
6/4/2009
NORRIS REPKE INC
ST REHAB -CHINO HLLS PKWY
2505510
46411
11,460.00
6/4/2009
NORRIS REPKE INC
ST REHAB -CHINO HILLS RKWY
2505510
46411
13,417.50
Page 11
City of Diamond Bar - Check Register 05/28/09 thru 06/10/09
Check Date Check Number
Vendor Name
J
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
6/4/2009 85283
OLYMPIC STAFFING SERVICES
TEMP SVCS -COMM SVCS
0015310
44000
476.64
$476.64
6/4/2009 1
85284
JORANGE COUNTY PUMP
IPUMP REPAIR -DBC
1 0015333
1 42210 1
1,032.201
$1,032.20
6/4/2009
1
QUINN RENTAL SERVICES
GENERATOR -CITY B/DAY
0015350
1 42353
149.21
6/4/2009 1
85285
JPAETEC COMMUNICATIONS INC.
ILONG DIST SVCS-MAY/JUN
1 0014090
1 42125 1
814.861
$814.86
6/4/2009
SASAKI TRANSPORTATION SVCS.
PROF.SVCS-EN 06-514
001
23012
900.00
6/4/2009 1
85286
IPEACE PARTNERS INC
SUPPLIES -DAY CAMP
10015350
1 41200 1
1,174.611
$1,174.61
6/4/2009
SASAKI TRANSPORTATION SVCS.
ADMIN FEE -EN 06-514
001
34650
-162.00
6/4/2009 1
85287
ILAKEYSHA PUGH
FACILITY REFUND -DCB
1 001
1 23002 1
700.001
$700.00
6/4/2009
SASAKI TRANSPORTATION SVCS.
ENG SVCS -SR 57/60
1165510
44000
8,874.50
6/4/2009
85288
PYRO SPECTACULARS INC
DEP-FIREWORKS 7/4
0015350
45300
6,150.00
$6,150.00
6/4/2009
85289
QUINN RENTAL SERVICES
GENERATOR -CITY B/DAY
0015350
42353
258.63
$407.84
6/4/2009
1
QUINN RENTAL SERVICES
GENERATOR -CITY B/DAY
0015350
1 42353
149.21
6/4/2009 1
85290
IR F DICKSON COMPANY
IDEBRIS COMPOSTING -APR
1 1155515
1 45500 1
2,852.541
$2,852.54
6/4/2009
SASAKI TRANSPORTATION SVCS.
ADMIN FEE -EN 09-635
001
23012
135.00
6/4/2009 1
85291
JRBF CONSULTING
IDESIGN SVCS -GRAND AVE
1 0015240
1 R44000 1
3,354.27
$3,354.27
6/4/2009
SASAKI TRANSPORTATION SVCS.
PROF.SVCS-EN 06-514
001
23012
900.00
6/4/2009 1
85292
IROTARY CLUB OF WALNUT VALLEY
CONCESSION -CITY B/DAY
0015350
1 42353 1
58.00
$58.00
6/4/2009
SASAKI TRANSPORTATION SVCS.
ADMIN FEE -EN 06-514
001
34650
-162.00
6/4/2009 1
85293
IMOHAMAD SALIMNIA
IDEP REFUND -FPL 2004-103
1 001
1 23010 1
4,647.921
$4,647.92
6/4/2009
85294
SASAKI TRANSPORTATION SVCS.
PROF.SVCS-EN 09-635
001
23012
750.00
$11,451.75
6/4/2009
SASAKI TRANSPORTATION SVCS.
ADMIN FEE -EN 09-635
001
23012
135.00
6/4/2009
85296
SASAKI TRANSPORTATION SVCS.
ADMIN FEE -EN 09-635
001
34650
-135.00
$1,072.58
6/4/2009
SASAKI TRANSPORTATION SVCS.
PROF.SVCS-EN 06-514
001
23012
900.00
6/4/2009
SASAKI TRANSPORTATION SVCS.
ADMIN FEE -EN 06-514
001
23012
162.00
6/4/2009
SASAKI TRANSPORTATION SVCS.
ADMIN FEE -EN 06-514
001
34650
-162.00
6/4/2009
SASAKI TRANSPORTATION SVCS.
ENG SVCS -SR 57/60
1165510
44000
102.25
6/4/2009
SASAKI TRANSPORTATION SVCS.
ENG SVCS -SR 57/60
1165510
44000
8,874.50
6/4/2009
ISASAKI TRANSPORTATION SVCS.
JENG SVCS -SR 57/60
1165510 1
44000
825.00
6/4/2009 1
85295
ISMART & FINAL
SUPPLIES -TINY TOTS
1 0015350
1 41200 1
58.921
$58.92
6/4/2009 1
85296
ISO CAL SANITATION
JEQ RENTAL -CITY B/DAY
1 0015350
1 42353 1
1,072.581
$1,072.58
Page 12
City of Diamond Bar - Check Register 05/28/09 thru 06/10/09
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
6/4/2009
6/4/2009
85297
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
ELECT SVCS -TRAFFIC CONTRL
0015510
0015510
42126
42126
664.32
2,089.84
$2,754.16
6/4/2009 1
85298
IST DENIS KNIGHTS OF COLUMBUS
IFOOD REIMB-CITY B/DAY
0015350
1 42353 1
109.001
$109.00
6/4/2009
1
ITAMANG
TAMANG ELECTRIC INC
IINSTALL-EMER GENERATOR
2505310
1 R46415
1 3,961.00
6/4/2009
85299
1SWANK MOTION PICTURES
MOVIE RENTAL -CONCERTS
0015350
1 45300 1
1,872.001$1,872.00
$229.44
6/4/2009
85300
IRAFIK TADROS
IFACILITY REFUND -DBC
1 001
1 23002 1
500.001
$500.00
6/412009
85301
ELECTRIC INC
RETENTION PAYABLE
250
20300
1 -396.10
$3,564.90
6/4/2009
1
ITAMANG
TAMANG ELECTRIC INC
IINSTALL-EMER GENERATOR
2505310
1 R46415
1 3,961.00
6/4/2009
85302
THE COMDYN GROUP INC
CONSULTING SVCS-I.T.
0014070
44000
1,075.20
$2,293.95
6/4/2009
ITHE COMDYN GROUP INC
CONSULTING SVCS-I.T.
0014070
1 44000
1 1,218.75
6/4/2009 1 85303 ITHE PLANNING CENTER PUBLICATIONS -COMM DEV 1 0015210 1 42320 1 60.001 $60.00
6/4/2009
85304
THE RIGHT CONNECTION INC
COMM SHIRTS -CITY B/DAY
0015350
42353
32.60
$824.52
6/4/2009
THE RIGHT CONNECTION INC ICOMM/CNCL
SHIRTS -CITY B/D
0015350
42353
791.92
6/4/2009 1
85305
ITHE SAN GABRIEL VALLEY NEWSPAPER GR
ILEGAL AD -AREA 5 ST MAINT
2505510
1 46411 1
110.501
$110.50
6/4/2009
US BANK
SUPPLIES -COMM SVCS
0015310
41200
356.16
6/4/2009 1
85306
ITHOMSON WEST
PUBLICATIONS -CITY CLERK
1 0014030
1 42320 1
229.441
$229.44
6/4/2009 1
85307
ITIME WARNER
IINTERNET SVCS -HERITAGE
0015340
1 42126 1
116.011
$116.01
6/4/2009 1
85308
ITIME WARNER
IMODEM SVCS -COUNCIL
0014010
42130
46.951
$46.95
6/4/2009
85309
1 KIM TRAN
IFACILITY REFUND -DBC
1 001
1 36615 1
291.661
$291.66
6/4/2009 1
85310
TRI -CITIES POOL SERVICE & REPAIR
IFOUNTAIN MAINT-DBC APR
1 0015333
1 45300 1
160.001
$160.00
6/4/2009 1
85311
ILUKE TUNG
IFACILITY REFUND -DBC
1 001
1 23002 1
100.001
$100.00
6/4/2009
85313
US BANK
SUPPLIES-B/DAY CELEB
0015350
42353
331.47
$10,715.59
6/4/2009
US BANK
SUPPLIES -COMM SVCS
0015310
41200
356.16
6/4/2009
US BANK
MAINT-PARKS
0015340
42210
28.76
Page 13
City of Diamond Bar - Check Register 05/28/09 thru 06/10/09
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
6/4/2009
85313...
US BANK
EQ MAINT-PARKS
0015310
42200
13.00
$10,715.59 ...
6/4/2009
US BANK
FUEL -COMM SVCS
0015310
42310
168.47
6/4/2009
US BANK
FUEL -ROAD MAINT
0015554
42310
171.94
6/4/2009
US BANK
FUEL -COMM SVCS
0015310
42310
106.00
6/4/2009
US BANK
MTGS-I.T.
0014070
42325
143.48
6/4/2009
US BANK
RSA CONF-DESFORGES
0014070
42330
497.65
6/4/2009
US BANK
COMP MAINT-I.T.
0014070
42205
114.00
6/4/2009
US BANK
MEMBERSHIP DUES-I.T.
0014070
42315
149.00
6/4/2009
US BANK
LEAGUE CONF-LIU/YEE
0015510
42330
385.19
6/4/2009
US BANK
MEMO CREDIT-P/WORKS
0015510
42330
-343.20
6/4/2009
US BANK
MEMO CREDIT -COMM SVCS
0015310
42330
-18.00
6/4/2009
US BANK
COMP EQ -HARDWARE
0014070
46230
307.09
6/4/2009
US BANK
SUPPLIES-I.T.
0014070
41200
184.01
6/4/2009
US BANK
SEMINAR -E MAGALLANES
0015220
42340
149.00
6/4/2009
US BANK
SUPPLIES -RECREATION
0015350
41200
150.00
6/4/2009
US BANK
SUPPLIES-B/DAY CELEB
0015350
42353
2,139.69
6/4/2009
US BANK
SUPPLIES -CITY CLERK
0014030
41200
10.57
6/4/2009
US BANK
SUPPLIES -EMP RECOG PGM
0014060
42347
9.98
6/4/2009
US BANK
MTGS-EMP RECOG PGM
0014060
42325
300.00
6/4/2009
US BANK
SUPPLIES -CITY CLERK
0014030
41200
6.68
6/4/2009
US BANK
SUPPLIES -COMM SVCS
0015350
41200
315.27
6/4/2009
US BANK
SUPPLIES -DBC
0015333
41200
316.44
6/4/2009
US BANK
SUPPLIES -RECREATION
0015350
41200
15.71
6/4/2009
US BANK
SUPPLIES -COMM SVCS
0015350
41200
54.33
6/4/2009
US BANK
SUPPLIES -DBC
0015333
41200
51.57
6/4/2009
US BANK
SUPPLIES-B/DAY CELEB
0015350
42353
43.32
6/4/2009
US BANK
LEAGUE MTG-COUNCIL
0014010
42325
12.00
6/4/2009
US BANK
SUPPLIES -COMM SVCS
0015350
41200
86.16
6/4/2009
US BANK
MTGS-CMGR
0014030
42325
31.69
6/4/2009
US BANK
LEAGUE CONF-DOYLE
0014030
42330
684.61
6/4/2009
US BANK
MEMO CREDIT-DOYLE
0014030
42330
-634.61
6/4/2009
US BANK
FUEL -COMM SVCS
0015310
42310
141.01
6/4/2009
US BANK
AD-H/R
0014060
42115
75.00
6/412009
US BANK
FUEL -COMM SVCS
0015310
42310
99.50
6/4/2009
US BANK
FUEL -POOL VEH
0014090
42310
81.52
Page 14
City of Diamond Bar - Check Register 05/28/09 thru 06/10/09
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
6/4/2009
85313...
US BANK
FUEL -COMM SVCS
0015310
42310
118.98
$10,715.59 ...
6/4/2009
US BANK
FUEL -ROAD MAINT
0015554
42310
28.23
6/4/2009
US BANK
FUEL -ROAD MAINT
0015554
42310
37.00
6/4/2009
US BANK
FUEL -COMM SVCS
0015310
42310
226.52
6/4/2009
US BANK
FUEL -POOL VEH
0014090
42310
35.89
6/4/2009
US BANK
FUEL -COMM SVCS
0015310
42310
120.91
6/4/2009
US BANK
FUEL -ROAD MAINT
0015554
42310
280.22
6/4/2009
US BANK
FUEL-NGHBRHD IMP
0015230
42310
117.48
6/4/2009
US BANK
MTG-I.T.
0014070
42325
92.66
6/4/2009
US BANK
MTGS-GENERAL
0014090
42325
441.06
6/4/2009
US BANK
PUBLICATION -COM DEV
0015210
42320
64.41
6/412009
US BANK
PLNR INST-GUBMAN/TOBON
0015210
42330
160.02
6/4/2009
US BANK
PUBLICATIONS -FINANCE
0014050
42320
53.63
6/412009
US BANK
CAPIO CONF-P/INFO
0014095
42330
1,080.37
6/412009
US BANK
PHOTOGRAPHY-P/INFO
0014095
42112
401.20
6/4/2009
US BANK
TRNG-P/INFO-AR/HI
0014095
42340
334.28
6/4/2009
US BANK
SUPPLIES-P/WORKS
0015510
41200
67.10
6/412009
US BANK
CONF-P/WORKS-DL, RY
0015510
42330
146.00
6/412009
US BANK
PUBLICATIONS-PIWORKS
0015510
42320
130.44
6/412009
US BANK
MTG-COMM DEV
0015210
42325
11.27
6/412009
US BANK
MTG-P/WORKS 1
0015510 1
42325 1
33.46
6/4/2009 1 85314 IWALNUT VALLEY KIWANIS CLUB CONCESSION -CITY B/DAY 0015350 1 42353 1 50.001 $50.00
6/4/2009
85315
WARREN SIECKE
TRFFC DESIGN SVCS -MAR
2505510
R46412
1,700.00
$3,562.50
6/4/2009
1
WARREN SIECKE
TRFFC SIGNAL SVCS -MAR
2505510
R46412
343.00
6/4/2009
WARREN SIECKE
TRFFC SIGNAL SVCS -APR
2505510
R46412
882.00
6/4/2009
WARREN SIECKE
TRFFC ENG SVCS -MAR
0015510
45221
300.00
6/4/2009
WARREN SIECKE
TRFFC ENG SVCS -APR
0015510
45221
117.50
6/4/2009
WARREN SIECKE
ITRFFC ENG SVCS -APR
0015510 1
45221
220.00
6/4/2009
85316
SUPPLY
SUPPLIES -DBC
0015333
41200
1,019.41
$1,561.86
6/4/2009
1
IWAXIESANITARY
WAXIE SANITARY SUPPLY
SUPPLIES -DBC
0015333
41200
542.45
6/4/2009 1 85317 JWELLDYNERX ISHARPS SVCS -APR 09 1155515 1 44000 1 64.641 $145.44
Page 15
City of Diamond Bar - Check Register 05/28/09 thru 06/10/09
Check Date Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct # Amount Total Check Amount
6/4/2009 85317...
WELLDYNERX
SHARPS SVCS -APR 09
1155515
44000 80.80 $145.44 ...
6/4/2009
85318
WILLDAN GEOTECHNICAL
PROF.SVCS-EN 09-640
001
23012
925.00
$2,220.00
6/4/2009
1
WILLDAN GEOTECHNICAL
ADMIN FEE -EN 09-640
001
23012
166.50
6/4/2009
85320
WILLDAN GEOTECHNICAL
ADMIN FEE -EN 09-640
001
34650
-166.50
$210.00
6/4/2009
WILLDAN GEOTECHNICAL
PROF.SVCS-EN 06-532
001
23012
740.00
6/4/2009
85321
WILLDAN GEOTECHNICAL
ADMIN FEE -EN 06-532
001
23012
133.20
$50.00
6/4/2009
WILLDAN GEOTECHNICAL
ADMIN FEE -EN 06-532
001
34650
-133.20
6/4/2009
WILLDAN GEOTECHNICAL
PROF.SVCS-EN 06-516
001
23012
555.00
6/4/2009
WILLDAN GEOTECHNICAL
ADMIN FEE -EN 06-516
001
23012
99.90
6/4/2009
WILLDAN GEOTECHNICAL
ADMIN FEE -EN 06-516
001 1
34650 1
-99.90
6/4/2009 1
85319
JKIRSTI WONG
IRECREATION REFUND
1 001
1 34760 1
100.001
$100.00
6/4/2009
1
YOSEMITE WATER
SUPPLIES -WATER
0015350
1 41200
8.90
6/4/2009 1
85320
JPAUL WRIGHT
A/V SVCS-CNCL,PLNG
1 0014090
1 44000 1
210.001
$210.00
6/4/2009 1
85321
1PAULINE YANG
IFACILITY REFUND-SYC CYN
1 001
1 23002 1
50.001
$50.00
6/4/2009
1 85322
YOSEMITE WATER
EQ RENTAL-SYC CYN
0015310
42130
13.75
$22.65
6/4/2009
1
YOSEMITE WATER
SUPPLIES -WATER
0015350
1 41200
8.90
$885,458.40
Page 16
CITY COUNCIL
Agenda # 6.4 (a)
Meeting Date: June 16,200
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man g
TITLE: APPROVAL OF A THREE-YEAR CONTRACT WITH INLAND VALLEY
HUMANE SOCIETY -SPCA (IVHS) TO PROVIDE ANIMAL CARE AND
CONTROL SERVICES IN THE CITY OF DIAMOND BAR THROUGH
2012
RECOMMENDATION:
Approve
FISCAL IMPACT:
The City's current contract with IVHS has a net cost of $117,008, including a Council -
approved $15,000 facility renovation contribution that expires in 2013. The net cost of
the proposed agreement is $120,000 with annual Consumer Price Index (CPI)
adjustments and the supplemental facility renovation contribution.
BACKGROUND / DISCUSSION:
Animal Care and Control services are an essential component of the City's public safety
program. The City has contracted with IVHS to provide animal care and control
services since incorporation. Throughout the life of the contract, staff has found IVHS to
be professional and responsive to the community's animal needs. Services provided by
IVHS include the following:
• Maintenance and operation of a public animal shelter/pound
• Pick-up and disposal of stray, unwanted, injured, or dead animals
• The enforcement of City Municipal Codes related to animals, including the
impounding and regulation of dogs, cats, and other domestic and wild animals
• Abatement of public nuisances caused by or related to animals
• The enforcement of all State laws related to the prevention of cruelty to animals
• Issuance of of dog and cat licenses
• Collection of license, impound, and kennel care fees
In the past, the City has researched the possibility of contracting with the County of Los
Angeles to provide animal services. The County's nearest facilities are located in
Baldwin Park, approximately 16 miles from Diamond Bar. This distance presents
concerns about the level and quality of service as well as potentially increased response
times. Past inquiries have also shown that service provided by the County may prove
not to be cost effective, particularly when factoring in a potentially lower level of service
to the community.
The City's current contract with IVHS expires July 1, 2009. Based on the quality and
reasonable cost of IHVS services, staff recommends approving the attached terms and
entering into a three-year contract through 2012.
Prepare by:
i �a McLean, Assistant to the City Manager
ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT
THIS ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT
("Agreement") is made and entered into in duplicate this _ day of , 200_, by
and between the CITY OF DIAMOND BAR, a municipal corporation (hereinafter referred to as
"City"), and INLAND VALLEY HUMANE SOCIETY & S.P.C.A., a nonprofit corporation
(hereinafter referred to as "Humane Society").
WHEREAS, the purpose of entering into this Agreement is to contract for public animal shelter
and animal control services with Humane Society under the terms and conditions as provided
herein;
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
contained herein, it is mutually agreed by and between City and Humane Society (hereinafter
"Party," individually, or collectively, "Parties"), as follows:
1. Humane Society Services, Generally:
Humane Society will perform certain services as set out herein to provide City with
public animal shelter (public pound) and animal control services including, but not
limited to, the services defined in California Food and Agriculture Code sections 30501,
et seq., and as specifically described in the Scope of Services herein and contained in
Exhibit 1. Those services include the maintenance and operation of an animal shelter
(public pound) in compliance with the provisions of applicable sections of the California
Code of Regulations, California Civil Code and California Health & Safety Code, the
pick-up and disposal of stray, unwanted, injured or dead animals, the enforcement of City
"leash laws," the provision of animal ambulance services, the collection of all dog and cat
licenses, impound fees and kennel care fees and the enforcement of all State laws
regarding the prevention of cruelty to animals. Humane Society agrees to enforce all
provisions of City's ordinances and regulations pertaining to animals, including, but not
limited to, code provisions of the Municipal Code of City prescribing procedures for the
licensing, impounding and regulation of dogs, cats and other domestic and wild animals,
abatement of public nuisances caused by or related to animals and the prevention of
cruelty to animals.
2. Scope of Humane Society Services:
(a) Humane Society will perform the duties set forth in Paragraph 1, above, and more
specifically in the Scope of Services attached to this Agreement as Exhibit 1
(hereinafter referred to as "the Scope").
(b) City or Humane Society may modify the Scope only with the express written
consent of the other Party.
(c) The Parties may agree in writing to modify the Scope. Should the Parties agree
that Humane Society is to perform services in addition to those set forth in the
ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 1
DIAMOND BAR REV. 06/04/09
Scope, the additional services shall be set forth in Exhibit 2. Exhibit 2 shall be
entitled, Amendment to Scope of Services, and shall be executed by both Parties.
Unless otherwise specified, the services provided by Humane Society will be
those set forth in Exhibits 1 and 2. If the Parties agree that Humane Society is to
perform fewer services than those set forth in the Scope, Exhibit 1 shall be
amended to reflect the changes.
(d) A modification of this Agreement that results in the addition of services to be
performed by Humane Society may, based on the agreement of the Parties,
require additional compensation paid by City to Humane Society. Any such
modification that results in additional compensation paid to Humane Society must
be expressly authorized in writing by City prior to Humane Society performing
the additional services.
3. Non -Discrimination:
Humane Society is an equal opportunity employer and, subject to, and in compliance
with, applicable State and Federal Anti -Discrimination laws. Humane Society does not
discriminate on the basis of race, color, religion, marital status, ancestry, national origin,
handicap or sex.
4. Cooperation with Health Department:
Humane Society agrees to cooperate with the California Department of Health Services
and the health departments of all governing counties in matters pertaining to rabies and
animal quarantine. In cooperation with the state and local health departments, Humane
Society will conduct animal inoculation programs as required.
5. Cooperation with Humane Society:
City agrees that its departments and employees will cooperate with Humane Society in
the performance of the services to be performed by Humane Society under this
Agreement. City agrees that its employees will not interfere with Humane Society's
performance of the services set forth in this agreement.
6. Compensation Paid to Humane Society:
Humane Society agrees to perform and discharge, at its own cost and expense, all animal
shelter and animal control services as set forth in the Scope. City agrees to compensate
Humane Society for services described in the Scope in the following manner:
(a) Humane Society shall receive and retain all payments received for dog and cat
licenses and related late fees, impound fees, kennel care fees and court fines
collected on behalf of City as a result of City's animal control program. Any fees
collected by City in connection with City's animal control program shall be
automatically remitted to Humane Society. All payments received for cat licenses
shall be placed in an escrow account by Humane Society. At its option, City may
ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 2
DIAMOND BAR REV. 06/04/09
direct funds from the cat license escrow account into Humane Society general
fund to offset the annual compensation described in Paragraph 6(b) and/or the
Facility Renovation contribution described in Paragraph 7. City may also direct
funds from the cat license escrow account into a separate spay and neuter fund.
These options shall be exercised under terms mutually agreeable to City and
Humane Society.
(b) In addition to the revenues identified in Paragraph 6(a) above, City shall pay to
Humane Society for the fiscal year of July 1, 2009 to June 30, 2010, the sum of
one hundred five thousand dollars ($105,000.00) payable in equal monthly
installments of eight thousand seven hundred fifty dollars ($8,750.00)
commencing on July 1, 2009 and continuing each month thereafter on or before
the first day of the month.
(i) Humane Society and City agree the Gross Animal Care and Control Cost
("Gross") for the initial year of this Agreement is two hundred ten
thousand dollars ($210,000.00). The Gross includes the $105,000.00
payable by City to Humane Society and the anticipated revenue received
from the activities described in Paragraph 6(a).
(c) The annual compensation paid to Humane Society shall increase effective July 1
of each year during the term of this Agreement by the percentage increase in the
"CPI" for the calendar year immediately preceding the year in which the
adjustment is to be made, up to a maximum of five percent (5%) of the previous
year's Gross. The "CPI" is defined as the: Consumer Price Index published by
the Bureau of Labor Statistics of the U.S. Department of Labor, for All Urban
Consumers (CPI -U for all items) for the Los Angeles, Anaheim -Riverside,
California area.
(d) City designates as the sole representative of City, its city manager or the person
designated by the city manager to work with Humane Society in all matters
involving the implementation of this Agreement, including, but not limited to, the
determination of the annual supplemental amount based on the CPI to be paid to
Humane Society.
7. Contributions to Facility Renovation:
Humane Society intends to perform renovations to the facility located at 500 Humane
Way, Pomona, California 91766 ("Facility Renovation") and City has agreed to
contribute to the funding of the Facility Renovation. Humane Society agrees to use the
funds collected pursuant to this section for Facility Renovation. In addition to the
compensation discussed in Paragraph 6 above, City agrees to pay Humane Society
additional compensation for the Facility Renovation according to the following formula:
ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 3
DIAMOND BAR REV. 06/04/09
(a) Formula For Calculation of Additional Compensation:
City
Additional Compensation for
Monthly Additional
Population
Facility Renovation Payable
Compensation
Over Five (5) Years
Installments
0-50,000
$ 50,000
$ 834.00
50,000-
$ 75,000
$1.,250.00
100,000
>1 0,000
$100,000
$1,667.00
(b) Payment of Monthly Additional Compensation Installments:
City agrees to pay Humane Society the additional monthly compensation
installment as stated in section 7(a) above each month for the duration of this
Agreement, beginning July 1, 2009 and ending June 30, 2012. The additional
monthly compensation is due each month on or before the first day of the month
and may be paid together with the normal monthly compensation paid for animal
shelter and animal control services.
If City requires cat licenses, at its option, City may use funds from its cat license
fee escrow account to offset its share of the Facility Renovation costs. This
option shall be exercised under terms mutually agreeable to City and Humane
Society.
8. Furnishing Information, Books and Records:
Humane Society, upon request of City, agrees to furnish City at any time with a complete
list of its officers, directors and employees. Humane Society shall maintain books and
records of its services rendered to City, including records of expenditures and revenues
received. Such records and books shall be made available for inspection upon City
request at Humane Society's offices during regular business hours within a reasonable
time following the request by City. If costs are incurred during compliance with a City
request to inspect records and books, such costs shall be documented by Humane Society
and reimbursed to Humane Society by City upon request by Humane Society.
9. Availability of Service:
(a) Office Hours and Telephone Line:
Humane Society's offices are open to the public and to receive telephone calls
Monday, Tuesday, Thursday, Friday and Saturday from 8:00 a.m. to 5:30 p.m.
and on Wednesday from 8:00 a.m. to 7:00 p.m. Humane Society's offices are
closed on Sundays and specified holidays.
ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 4
DIAMOND BAR REV. 06/04/09
(b) Animal Shelter Hours:
The Humane Society animal shelter is open at 10:00 a.m. Monday through
Saturday and closes at the same time as the Humane Society offices each day.
10. Indemnification and Hold Harmless:
(a) Humane Society represents that it possesses the necessary qualifications to
perform the services and duties set forth in this Agreement and shall perform the
services and duties consistent with the standards generally recognized as being
employed by others performing similar services in the State of California.
(b) Humane Society is an independent contractor and shall have no authority to bind
City or to create or incur any obligation on behalf of, or liability against, City,
whether by contract or otherwise, unless such authority is expressly conferred
under this Agreement or is otherwise expressly conferred in writing by City.
Humane Society, its employees, agents and subcontractors are not employees of
City.
(c) Humane Society shall indemnify, defend and hold harmless, City, its elected and
appointed officials, officers, agents and employees (collectively "Indemnitee")
from and against any and all liabilities, losses, claims, demands, actions, causes of
action, proceedings, suits, damages, judgments, costs and expenses of litigation,
including reasonable attorney's fees, which Indemnitee may suffer or incur or
which Indemnitee may become subject to by reason of or arising out of any injury
to or death of any person(s), damage to property, or loss of use of property,
allegedly caused by the negligent or willful acts or omissions of Humane Society,
its agents, officers, directors or employees, acting within the scope of their
employment or affiliation with Humane Society while performing the services set
forth in this Agreement.
(d) In the event that any action or proceeding is brought against Indemnitee by reason
of any of the matters against which Humane Society has agreed to indemnify
Indemnitee, Humane Society, upon notice from City, shall agree to defend
Indemnitee at Humane Society's expense by competent legal counsel. City agrees
to notify Humane Society within five (5) days of its receipt of service of legal
process by a third party in a lawsuit naming City as a defendant and claiming
injury to or death of any person(s), damage to property or loss of use of property,
allegedly caused by the negligent or willful acts or omissions of Humane Society,
its agents, officers, directors or employees, acting within the scope of their
employment or affiliation with Humane Society while performing the services set
forth in this Agreement.
(e) Humane Society's indemnification under this Agreement does not extend to
liabilities, losses, claims, demands, actions, causes of action, proceedings, suits,
damages, judgments, costs and expenses of litigation, including attorney's fees,
which Indemnitee may suffer or incur or which indemnitee may become subject
ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 5
DIAMOND BAR REV. 06/04/09
to by reason of or arising out of any injury to or death of any person(s), damage to
property, or loss of use of property caused by the active or passive negligence or
willful acts or omissions of City, its elected and appointed officials, officers,
agents, employees, volunteers or representatives.
(f) The insurance required to be maintained by Humane Society under Paragraph 11
shall ensure Humane Society's obligations under Paragraph 10, but the limits of
such insurance shall not limit the liability of Humane Society hereunder. The
provisions of Paragraph 10 shall survive the expiration or earlier termination of
this Agreement.
11. Insurance:
(a) Humane Society shall, at its expense, procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the
services set forth in this Agreement by Humane Society or its agents,
representatives or employees acting within the scope of their agency, employment
or representation. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than ANII.
(b) Minimum Scope and Limits of Insurance:
(i) Minimum Scope of Insurance:
Coverage shall be at least as broad as the latest version of:
* General Liability:
Insurance Services Office Commercial General Liability Coverage
(form CG 0001).
* Automobile Liability:
Insurance Services Office Business Auto Coverage (form CA 001,
code 1 (any auto)).
* Workers' Compensation and Employers' Liability:
Workers' Compensation insurance as required by the State of
California and Employers' Liability Insurance.
Errors and Omissions Liability:
Insurance appropriate to Humane Society's profession.
(ii) Minimum Limits of Insurance:
Limits no less than:
* General Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the activities associated
ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 6
DIAMOND BAR REV. 06/04/09
with this Agreement or the general aggregate limit shall be twice
the required occurrence limit.
Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.
Workers' Compensation and Employers' Liability:
Workers' Compensation limits as required by the Labor Code of
the State of California. Employers' Liability limits of $1,000,000
per accident for bodily injury or disease.
Errors and Omissions Liability:
$1,000,000 per claim.
(c) Other Provisions:
(i) All Policies:
Each insurance policy required by Paragraph 11 shall be endorsed
and state that the coverage shall not be suspended, voided,
cancelled by the insurer or either Party to this Agreement, reduced
in coverage or in limits, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to
City.
Any failure to comply with the reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage
provided to City, its officers, officials, employees or volunteers.
Any deductibles or self-insured retentions must be declared to and
approved by City.
(ii) General Liability and Automobile Liability Insurance:
City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds for liability
arising out of the services provided by Humane Society as set forth
in this Agreement; premises owned, occupied or used by Humane
Society; or automobiles owned, leased, hired or borrowed by
Humane Society. The coverage shall contain no special limitations
on the scope of protection afforded to City, its officers, officials or
employees.
Humane Society insurance shall be primary insurance with respect
to City, its officers, employees and volunteers. Any insurance or
self-insurance maintained by City, its officers, employees or
volunteers shall apply in excess of, and not contribute with,
Humane Society's insurance.
Humane Society's insurance shall apply separately to each insured
against whom a claim is made or suit is brought, except with
respect to the limits of insurer's liability.
ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 7
DIAMOND BAR REV. 06/04/09
(iii) Workers' Compensation Insurance:
Unless the City Manager otherwise agrees in writing, the insurer shall
agree to waive all rights of subrogation against City, its officers, officials,
employees and agents for losses arising from the services performed by
Humane Society as set forth in this Agreement.
(iv) Certificates of Insurance:
Humane Society agrees to deposit with City, at or before the effective date
of this Agreement, certificates of insurance sufficient to satisfy City that
the insurance provisions of Paragraph 11 of this Agreement have been
complied with. The City attorney may require that Humane Society
furnish City with copies of original endorsements effecting coverage as
required by Paragraph 11 of this Agreement. The certificates or
endorsements must be signed by a person authorized by that insurer to
bind coverage on its behalf. City reserves the right to inspect complete,
certified copies of all required insurance policies at any time.
12. Term:
This Agreement shall commence on July 1, 2009, shall be effective for an initial term of
three (3) years and shall expire on June 30, 2012.
13. Term Renewal:
Unless either Party gives express written notice of its intent to terminate this Agreement
at least ninety (90) days prior to the scheduled expiration date of this Agreement, this
Agreement shall automatically renew for successive one (1) year/twelve (12) month
periods until terminated by one of the Parties as provided herein.
14. Termination:
After the completion of the first year of the Agreement term, either Party, at any time,
may terminate this Agreement without cause upon the giving of no less than three
hundred sixty (360) days prior written notice to the other Parry of the intent to terminate.
This notice shall include the date of termination which shall be no less than three hundred
sixty (360) days following the date of the notice. In the event of such a termination,
Humane Society shall be paid for all work performed under the Agreement through the
date of termination. In the event that the Agreement is terminated by City as provided in
this Paragraph, City shall compensate Humane Society for all additional expenses
incurred in transferring the animal shelter and animal control services to any other
consultant or provider chosen by City to perform the animal shelter and animal control
services. These additional expenses include, but are not limited to, the identification and
relocation of animals, transfer of records, including medical records, and other costs
related to the transfer of the responsibility for animal sheltering and animal care services
from Humane Society.
ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 8
DIAMOND BAR REV. 06/04/09
15. Renegotiation Upon Occurrence of Certain Events:
Notwithstanding Paragraphs 6, 12, 13 and 14 above, City agrees to renegotiate the terms
of this Agreement if City or the State of California adopts a municipal code section,
statute, regulation or ordinance requiring the mandatory spay and neuter of dogs and/or
cats within City's limits. City also agrees to renegotiate the terms of this Agreement if
mandatory spay and neuter is added as a requirement for the licensing of dogs and/or cats
within City limits. City agrees to this renegotiation notwithstanding the specific terms of
the municipal code section, statute, regulation or ordinance regarding the age of the
animal and any exceptions or exemptions to the municipal code section, statute,
regulation or ordinance. This renegotiation is justified because of the increased cost to
Humane Society to enforce the new municipal code section, statute, regulation or
ordinance. The renegotiation contemplated in this Paragraph will commence within
fifteen (15) days of the final approval of the municipal code section, statute, regulation or
ordinance and will result in revisions to Paragraphs 6 and 12 above. In addition, this
renegotiation will require an Amendment to the Scope of Services as discussed in
Paragraph 2(c) above.
16. Opportunity to Cure:
In the event of an alleged breach of this Agreement by either Parry, express written
notification of an intent to terminate this Agreement, containing an explanation of the
alleged breach, must be provided to the allegedly breaching Party within ten (10) days of
the alleged breach. The allegedly breaching Party must be given a reasonable time to
cure, no less than thirty (30) days following the written notification. In the event that the
Parties can not agree regarding whether the breach has been cured, the Parties must meet
and negotiate a reasonable compromise. In no case will this Agreement terminate
automatically based on the allegations of breach by one of the Parties.
17. Mercer and Integration Clause:
This Agreement and Exhibit 1 attached hereto contain the entire agreement of the Parties
with respect to the subject matter of this Agreement, and supersede all prior negotiations,
agreements and understandings with respect thereto. This Agreement may only be
amended by a written document duly executed by both Parties as set forth in Paragraphs
2, 13 and 14.
18. Severability Clause:
If any provision of this Agreement is held unenforceable, then such provision will be
modified to reflect the Parties' intention. All remaining provisions of this Agreement
shall remain in full force and effect.
19. Prohibition Against Transfers:
Neither Party may assign or otherwise transfer or delegate any right or duty under this
Agreement without the express written consent of the other Party. Any attempt to do so
ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 9
DIAMOND BAR REV. 06/04/09
20
21.
22.
23.
24.
without the express written consent of both Parties shall be null and void and any
assignee or transferee shall acquire no right or interest by reason of such attempted
assignment or transfer.
Attorney Fees:
In any litigation, arbitration or other proceeding by which one Party either seeks to
enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a
declaration of any rights or obligations under this Agreement, the prevailing Party shall
be awarded its reasonable attorney fees, costs and expenses incurred.
Force Maieure:
Neither Party will be considered to be in default of this Agreement as a result of events
beyond their reasonable control. For purposes of this Agreement, such events shall
include, but are not limited to, acts of God, terrorism, war, catastrophe, or other "force
majeure" events beyond the Parties' reasonable control.
Authorized Parties:
Each Party to this Agreement has the authority to enter into and form the Agreement.
The individuals signing the Agreement have the authority to act as agents of their
respective organizations. Each Party acknowledges that they have read this Agreement
and will abide by it.
Choice of Law:
This Agreement shall be governed by and construed in all respects in accordance with the
laws of California. The place for any action initiated to enforce any obligation under this
Agreement shall be California. City hereby submits to the jurisdiction of the state and
federal courts in California and waives any objection to venue in California.
Notices:
A notice required or desired to be given pursuant to this Agreement shall be given in
writing and sent by certified mail, return receipt requested, addressed as follows:
For City:
Jim DeStepheno, City Manager
City of Diamond Bar
21825 East Copley Drive
Diamond Bar, CA 91765
909-839-7010
For Humane Society:
Executive Director
500 Humane Way
Pomona, CA 91766
909-623-9777
ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 10
DIAMOND BAR REV. 06/04/09
Any notice so given shall be considered served on the other Party three (3) days after the
date of mailing. The address for the notice may be changed by giving written notice of
such change pursuant to this Paragraph.
IN WITNESS WHEREOF, the Parties hereto have accepted, made and executed this
Agreement upon the terms, conditions and provisions above stated the day and year first above
written.
CITY, a Municipal Corporation:
By: City Manager
Date
By: City Clerk
Date
APPROVED AS TO FORM:
By: City Attorney
INLAND VALLEY HUMANE SOCIETY
& S.P.C.A., a California Non -Profit
Corporation:
By: President
Date
By: Secretary
Date
By: General Counsel
Date Date
ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE I I
DIAMOND BAR REV. 06/04/09
EXHIBIT 1
SCOPE OF SERVICES
Humane Officers are available to City Monday through Saturday between 8:00 a.m. and
9:00 P.M.
2. A Humane Officer is available for emergency calls daily between 9:00 p.m. and 8:00 a.m.
3. Humane Society's public operating hours are:
(a) Office Hours:
8:00 a.m. to 5:30 p.m. Monday through Saturday
8:00 a.m. to 7:00 p.m. Wednesdays
(b) Animal Shelter Hours:
10:00 a.m. to 5:30 p.m. Monday through Saturday
10:00 a.m. to 7:00 p.m. Wednesdays
4. Humane Society is closed most major holidays and Sundays. A Humane Officer is
available for emergencies during these closures.
5. Humane Society will canvass for dog and cat license compliance at regular intervals,
door-to-door.
6. Humane Society will provide all rabies control -related services to City, including:
(a) Low-cost rabies vaccination clinics.
(b) License renewals.
(c) License delinquent notifications.
(d) Rabies Certification.
7. Humane Society will maintain a website available to City's constituents.
8. Humane Society will provide the following animal shelter and control services:
(a) Confinements:
(i) Pickup and removal of deceased animals.
(ii) Pickup and shelter of confined dogs.
(iii) Pickup and shelter of confined cats.
(iv) Pickup, shelter and/or relocation of confined wildlife.
(b) Strays:
(i) Patrol for, rescue, shelter and provide veterinary care for stray dogs.
(c) Nuisances:
(i) Investigate leash law violations: provide education for animal owners and
negotiation with complainants.
ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 12
DIAMOND BAR REV. 06/04/09
(ii) Investigate barking dog violations: provide education for dog owners and
facilitate negotiation with complainants; investigate alleged barking
problems for possible court filings.
(iii) Investigate miscellaneous complaints regarding roosters, pigeons, pigs,
etc.: provide education for animal owners and facilitate negotiation with
complainants.
(d) Dangerous/Vicious Dogs:
(i) Investigate Potentially Dangerous Dog violations: receive and implement
court orders. (Food & Agriculture Code section 31602)
(ii) Investigate Vicious Dog violations: receive and implement court orders.
(Food & Agriculture Code section 31603)
(e) Violations of Animal Cruelty Laws or City Ordinances:
(i) Investigate allegations of cruelty and neglect violations: provide education
for animal owners; rescue animals when necessary.
(ii) Prosecute animal cruelty and neglect charges: receive and implement court
orders pursuant to animal cruelty violations.
(iii) Collect and provide photographic documentation of unsecured properties
and properties investigated for possible cruelty and neglect violations.
(iv) Collect and provide tape recording of interviews during criminal
investigations of violations of state law or city ordinances.
(f) Owned Animal Services (Fee for Service):
(i) Deceased animal pickup.
(ii) Owner relinquished for humane euthanasia for sick and/or injured animals.
(iii) Owner relinquished for adoption.
(iv) Special circumstance ambulance service for transport to veterinary
hospital.
(v) Owner assistance in confinement and lifting.
(g) Miscellaneous Services:
(i) Chemical capture and rescue for un-trappable stray animals.
(ii) Scan all dogs and cats for microchips, whether alive or dead. (Food &
Agriculture Code sections 31108 and 31752)
(iii) Provide shelter and quality care for all impounded animals, including
food, water and necessary veterinary care.
(iv) Maintain accurate records for all animal -related violations, complaints,
cruelty investigations, barking investigations, etc.
(v) Dedicate one officer to wildlife and education regarding coexistence with
wildlife and other wildlife issues.
(vi) Dedicate one officer to cruelty investigations.
9. Exhibit I is intended to generally describe the services provided by Humane Society.
Consequently, Exhibit 1 may be either under -inclusive or over -inclusive, depending upon
the agreement between City and Humane Society.
ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 13
DIAMOND BAR REV. 06/04/09
Agenda # 6.4 (b)
Meeting Date: June 16,200
CITY COUNCIL AGENDA REPORT
f�CRPOR 1'l'�%9
1�$9
TO: Honorable Mayor and Members of e City Council
VIA: James DeStefano, City Man
TITLE: APPROVAL OF THE CITY'S 2009 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG) APPLICATION
RECOMMENDATION:
Approve
FISCAL IMPACT:
If successful, the City could be eligible for up to $13,427 in federal funds for specific law
enforcement enhancements and programs. Diamond Bar must apply for funding
through the City of Los Angeles, which takes a 7% administrative fee. Therefore,
Diamond Bar's maximum award is $12,487.
BACKGROUND / DISCUSSION:
In addition to the previously approved 2009 Federal Recovery Act Edward Byrne Justice
Assistance Grant (JAG), the City is also eligible for the separate annual JAG award.
Per the grant's requirements, the grant application must be reviewed by the agency's
governing body (the City Council) and made available to the public. By placing the item
on tonight's City Council agenda, both requirements are met.
The City's application proposes to use the grant allocation to further enhance school
traffic safety through additional patrols and traffic enforcement.
All application materials are attached.
Pre red
,. w
Rya clean, Assistant to the City Manager
City Diamond Bar
2009 Edward Byrne Memorial Justice Assistance Grant Award
Program Narrative
The City of Diamond Bar is eligible to receive $13,427 in Edward Byrne Memorial
Justice Assistance Grant (JAG) funds. As the lead fiscal agent, the City of Los Angeles
is eligible to 7% of the award for administrative cost, making Diamond Bar's net award
$12,487.
School Traffic Safety Patrols, Enforcement, and Management
To best serve the public safety needs of the community with the JAG award, the City of
Diamond Bar proposes to allocate the funds for additional school traffic safety patrols
and enforcement. The City's schools, served by the Walnut Valley and Pomona Unified
School Districts, are primarily located in residential neighborhoods or adjacent to busier
arterial routes. During drop-off and pick-up times, these streets are often burdened with
double and triple parked vehicles, moving violations, and blocked crosswalks,
endangering students, drivers, passengers, and other pedestrians.
The City's JAG funds will be utilized to provide additional police presence, enforcement
capabilities, and enhanced traffic safety near schools during peak -volume traffic
periods. This additional presence will also enable law enforcement personnel to
develop and implement the most appropriate traffic management plans for each unique
school site. These efforts will not only improve general safety, but also improve traffic
flow as an ancillary benefit.
Account Tracking
Funding will be administered by the City's Finance Dept., with a specific drawdown
budget account created and utilized.
Program Measures
The City of Diamond Bar will adhere to all reporting requirements as a condition of
receiving JAG grant funds.
Review Narrative
The City of Diamond Bar is governed by a five member City Council. The City's
submitted JAG application will be reviewed by the City Council at their regularly
scheduled public meeting on June 16, 2009. During this June 16, 2009 meeting, the
application was available for public review, with the opportunity to provide comment
available to any interested parties.
Abstract
Applicant: City of Diamond Bar, CA a municipal corporation
Title of Project: School Traffic Safety Patrols, Enforcement, and Management
Project Goals: To improve student, driver, passenger, and pedestrian safety in and
around the City's schools.
The City of Diamond Bar, CA plans to utilize its JAG funding award to conduct this
specialized law enforcement program with a clear objective. The programs will be
coordinated by the City in cooperation with the Los Angeles County Sheriff's Dept.
Funding will be administered by the City's Finance Dept., with a specific drawdown
budget account created and utilized.
Budget
Personnel - School Traffic Safety Patrols
Position
Hours
Rate
Cost
Sergeant — Motor
30
$94.21 /hr.
$2,826.30
Deputy — Bonus 1
75
$72.23/hr.
$5,417.25
Deputy - Generalist
70
$68.32/hr.
$4,782.40
Subtotal
0
Total Direct Costs
$13,025.95
Budget Summary
Category
Amount
A. Personnel
$13,025.95
B. Fringe Benefits
0
C. Travel
0
D. Equipment
0
E. Supplies
0
F. Construction
0
G. Consultants/Contracts
0
H. Other
0
Total Direct Costs
$13,025.95
I. Indirect Costs
0
Total Project Costs
$13,025.95
Federal Request
$13,025.95
Non -Federal Amount
0
Budget Narrative
To implement the programs described in the Program Narrative additional personnel hours will
be required, which will be funded using the City's JAG grant award funds. As shown in the
budget, the City of Diamond Bar has estimated the number of law enforcement hours at each
position and their rate of pay. These estimates show that the grant award will sufficiently fund
the personnel needed to accomplish the City's goals for each program.
CITY COUNCIL
Agenda # 6. 4 (c )
Meeting Date: June 16, 2009
AGENDA REPORT
TO: Honorable Mayor and Member o the City Council
VIA: James DeStefano, City Man g
TITLE: APPROVAL OF A MEMORANDL M OF UNDERSTANDING BETWEEN
JURISDICTIONS AND THE CITY OF LOS ANGELES
RECOVERY ACT JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
AWARD
RECOMMENDATION:
Approve
FISCAL IMPACT:
The City is eligible for $55,284.66 in 2009 Recovery Act Justice Assistance Grant (JAG)
funds. As the federally designated fiscal agent for these funds, the City of Los Angeles
receives a total of 10% of the funds, making Diamond Bar's net award $49,756.19.
BACKGROUND / DISCUSSION:
The 2009 Federal Recovery Act has made local law enforcement funds available
through the Edward Byrne Justice Assistance Grant. The U.S. Department of Justice,
as grant administrator, has entered into a Memorandum of Understanding (MOU) with
the City of Los Angeles to serve as the grant's fiscal agent in the Los Angeles County
region. All recipients of JAG funds in Los Angeles County must apply through the fiscal
agent (City of LA) rather than directly through the federal government. To do so, the
City of Diamond Bar must acknowledge the City of Los Angeles as the fiscal agent by
approving and signing the attached MOU. Should the City choose not to enter into the
MOU, it would not be eligible for the grant award.
Prep ed by'
Ryan OcLean, Assistant to the CityMana r
MEMORANDUM OF UNDERSTANDING BETWEEN
JURISDICTIONS AND THE CITY OF LOS ANGELES
RECOVERY ACT JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This Memorandum of Understanding ("MOU") is made and entered into this 1st day of
July 2009, by and among the City of Los Angeles, acting by and through its governing
body, the City Council ("CITY"), and each of the jurisdictions and entities, severally and
not jointly, whose names are set forth on Exhibit A attached hereto and whose
signatures to this MOU are attached hereto, each acting by and through its respective
governing body (which jurisdictions and entities are hereinafter collectively referred to
as "Jurisdictions" and each individually as a "Jurisdiction"), the City and the Jurisdictions
being located in Los Angeles County, State of California.
WITNESSETH
WHEREAS, this MOU is authorized pursuant to Section 23005 of the
Government Code; and
WHEREAS, this MOU is authorized by the Los Angeles City Council and the
Mayor of Los Angeles (refer to Council File 09-0648-S5 dated May 22, 2009) and the
Jurisdiction's respective governing body (i.e. its City Council and Mayor or Board of
Supervisors); and
WHEREAS, the United States Department of Justice, Office of Justice Programs'
Bureau of Justice Assistance ("BJA") administers the U.S. Department of Justice,
Recovery Act Edward Byrne Memorial Justice Assistance Grant ("JAG") Program; and
WHEREAS, BJA requires a Memorandum of Understanding ("MOU") between
the Jurisdiction and City prior to allocating JAG funds; and
WHEREAS, each governing body, in performing governmental functions or in
paying for the performance of governmental functions hereunder, shall make that
performance or those payments from current revenues legally available to that party;
and
WHEREAS, each governing body finds that the performance of this MOU is in
the best interests of both parties, that the undertaking will benefit the public, and that the
division of costs fairly compensates the performing party for the services or functions
under this MOU; and
WHEREAS, the CITY agrees to serve as the applicant/fiscal agent for the JAG
funds allocated to the Jurisdiction and to provide the Jurisdiction with the amount of
JAG funds approved by BJA for use as approved by BJA under the American Recovery
and Reinvestment Act of 2009 (the "Recovery Act");
NOW THEREFORE, the Jurisdiction and CITY agree as follows:
Recovery Act JAG MOU 1 06/09
Section 1
The term of this MOU shall commence on March 1, 2009 and end February 28, 2012.
Said term is subject to the provisions herein.
Section 2
Exhibit A to this MOU sets forth the amount of JAG funds allocated to each Jurisdiction
by BJA. Upon the disbursement by BJA to the City of JAG funds allocated to the
Jurisdiction, the CITY agrees to disburse to the Jurisdiction that amount set forth on
Exhibit A as the "Disbursement Amount" for the Jurisdiction. The Disbursement Amount
is the amount of JAG funds allocated to the Jurisdiction by BJA less 10% of such
allocated amount to be retained by the City as compensation to the City for its role as
applicant/fiscal agent of such JAG funds. The Jurisdiction agrees to use the JAG funds
for those projects approved by BJA under the Recovery Act and the JAG program as
set forth in the application for the JAG funds submitted by the City to BJA. Prior to
disbursement of the Disbursement Amount of JAG funds to the Jurisdiction, the
Jurisdiction agrees to enter into a contract with the City setting forth the Jurisdiction's
and the City's assurances and obligations regarding the use of JAG funds, which shall
include without limitation compliance with all applicable laws and reporting requirements
under the Recovery Act in connection with the use of the JAG funds (the "Contract").
Section 3
Nothing in the performance of this MOU shall impose any liability for claims against the
Jurisdiction other then claims for which liability may be imposed by the California Tort
Claims Act, or claims by the State or Federal Government for unallowable expenditure
of the funds provided by this MOU.
Section 4
Nothing in the performance of this MOU shall impose any liability for claims against
CITY other than claims for which liability may be imposed by the California Tort Claims
Act, or claims by the State or Federal Government for unallowable expenditure of the
funds provided by this MOU.
Section 5
Funding for all periods of this MOU is subject to the continuing availability of Federal
funds for this program. The MOU may be terminated immediately upon written notice to
the Jurisdiction of a loss or reduction of Federal grant funds. Any change in the terms of
this MOU, including any increase or decrease in the amount of JAG funds awarded,
shall be incorporated into this MOU by a written amendment properly executed and
signed by the person authorized to bind the parties.
Section 6
Upon the disbursement of funds to the Jurisdiction, the Jurisdiction shall provide
performance reports on a quarterly basis demonstrating progress in achieving desired
goals and outcomes in a form and manner as required under the JAG program and the
Recovery Act. Such reporting requirements shall also be set forth in the Contract,
which shall also provide dates on which these reports shall be submitted to the CITY.
Recovery Act JAG MOU 2 06/09
Section 7
Each of the parties to this MOU is a public entity. In contemplation of the provisions of
Section 895.2 of the Government Code of the State of California imposing certain tort
liability jointly upon public entities, solely by reason of such entities being parties to an
MOU as defined by Section 895 of said Code, the parties hereto, as between
themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said
Code, will each assume the full liability imposed upon it or upon any of its officers,
agents, or employees by law, for injury caused by a negligent or wrongful act or
omission occurring in the performance of this MOU, to the same extent that such liability
would be imposed in the absence of Section 895.2 of said Code. To achieve the above
stated purpose, each party indemnifies and holds harmless the other party solely by
virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is
made a part hereto as if fully set forth herein. The Jurisdiction certifies that it has
adequate self insured retention of funds to meet any obligation arising from this MOU.
CITY also certifies that it has adequate self-insured retention of funds to meet any
obligation arising from this MOU.
Each party to this MOU will be responsible for its own actions in providing services
under this MOU and shall not be liable for any civil liability that may arise from the
furnishing of the services by the other party.
Section 8
The parties to this MOU warrant that they will abide by all the Federal, State and other
governmental rules and regulations applicable to the JAG funds and the Recovery Act.
The Jurisdiction shall be liable to the City, as fiscal agent, for any sums spent under the
JAG grant found to be ineligible by the State or Federal government. The Jurisdiction
shall cooperate and assist the City in any audit, or administrative or judicial actions
brought by the State or Federal government concerning the activities funded by this
MOU.
Section 9
The parties to this MOU do not intend for any third party to obtain a right by virtue of this
MOU.
Section 10
By entering into this MOU, the parties do not intend to create any obligations express or
implied other than those set out herein. Further, this MOU shall not create any rights in
any party not a signatory hereto.
Section 11
This MOU may be executed in any number of counterparts, each of which shall be an
original, but all of which together shall constitute one instrument.
Recovery Act JAG MOU 3 06/09
IN WITNESS WHEREOF, the governing bodies of the parties hereto have
authorized the foregoing Memorandum of Understanding between the Jurisdiction
whose execution is set forth below and the City of Los Angeles to be executed on the
1st day of July 2009,
CITY OF APPROVED AS TO FORM:
(NAME AND Title) (JURISDICTION)
Date:
ATTEST:
(NAME AND Title)
By:
(Title)
Date:
(NAME AND Title)
By:
(Title)
Date:
Attach City Seal Below:
CITY OF LOS ANGELES Attach City Seal Below:
ANTONIO R. VILLARAIGOSA, Mayor
By:
Date:
APPROVED AS TO FORM:
CITY OF LOS ANGELES ATTEST:
ROCKARD J. DELGADILLO, City Attorney JUNE A. LAGMAY, City Clerk
By: By:
Deputy City Attorney Deputy City Clerk
Date: Date:
Council File/CAO Number 09-0648-S5 Date: May 22, 2009
Said MOU is Number of City Contracts
Recovery Act JAG MOU 4 06/09
EXHIBIT A
JURISDICTION
ALLOCATED
AMOUNT
10%
DEDUCTION
DISBURSEMENT
AMOUNT
AGOURA HILLS CITY
$21,764.22
$2,176.42
$19,587.80
ALHAMBRA CITY
$143,455.23
$14,345.52
$129,109.70
ARCADIA CITY
$71,330.16
$7,133.02
$64,197.14
ARTESIA CITY
$47,500.98
$4,750.10
$42,750.88
AZUSA CITY
$93,571.53
$9,357.15
$84,214.38
BALDWIN PARK CITY
$152,033.81
$15,203.38
$136,830.43
BELL CITY
$79,908.74
$7,990.87
$71,917.87
BELL GARDENS CITY
$124,391.48
$12,439.15
$111,952.33
BELLFLOWER CITY
$241,157.67
$24,115.77
$217,041.90
BEVERLY HILLS CITY
$67,676.39
$6,767.64
$60,908.75
BURBANK CITY
$122,644.29
$12,264.43
$110,379.86
CARSON CITY
$328,533.33
$32,853.33
$295,680.00
CERRITOS CITY
$77,049.88
$7,704.99
$69,344.90
CLAREMONT CITY
$37,333.58
$3,733.36
$33,600.23
COMMERCE CITY
$65,611.44
$6,561.14
$59,050.29
COMPTON CITY
$798,455.93
$79,845.59
$718,610.33
COVINA CITY
$95,318.72
$9,531.87
$85,786.85
CUDAHY CITY
$61,322.14
$6,132.21
$55,189.93
CULVER CITY
$90,553.29
$9,055.33
$81,497.96
DIAMOND BAR CITY
$55,284.66
$5,528.47
$49,756.19
DOWNEY CITY
$224,794.40
$22,479.44
$202,314.96
DUARTE CITY
$45,117.26
$4,511.73
$40,605.53
EL MONTE CITY
$321,701.94
$32,170.19
$289,531.74
EL SEGUNDO CITY
$16,839.41
$1,683.94
$15,155.47
GARDENA CITY
$230,354.75
$23,035.47
$207,319.27
GLENDALE CITY
$173,639.66
$17,363.97
$156,275.69
GLENDORA CITY
$33,679.82
$3,367.98
$30,311.83
HAWAIIAN GARDENS CITY
$71,489.54
$7,148.95
$64,340.59
HAWTHORNE CITY
$303,114.34
$30,311.43
$272,802.90
HERMOSA BEACH CITY
$28,595.62
$2,859.56
$25,736.05
HUNTINGTON PARK CITY
$275,472.01
$27,547.20
$247,924.81
INGLEWOOD CITY
$499,471.50
$49,947.15
$449,524.35
IRWINDALE CITY
$10,643.54
$1,064.35
$9,579.19
LA CANADA FLINTRIDGE CITY
$11,438.45
$1,143.84
$10,294.60
LA MIRADA CITY
$55,284.66
$5,528.47
$49,756.19
LA PUENTE CITY
$113,430.18
$11,343.02
$102,087.16
LA VERNE CITY
$33,202.67
$3,320.27
$29,882.40
LAKEWOOD CITY
$196,198.79
$19,619.88
$176,578.91
LANCASTER CITY
$599,080.52
$59,908.05
$539,172.47
LAWNDALE CITY
$104,374.45
$10,437.45
$93,937.01
LOMITA CITY
$50,995.37
$5,099.54
$45,895.83
LONG BEACH CITY
$1,627,573.43
$162,757.34
$1,464,816.09
***LOS ANGELES
$14,313,589.02
$1,431,358.90
$12,882,230.12
***LOS ANGELES COUNTY
$3,579,707.65
$357,970.77
$3,221,736.89
LYNWOOD CITY
$332,027.71
$33,202.77
$298,824.94
MALIBU CITY
$11,438.45
$1,143.84
$10,294.60
Recovery Act JAG MOU 5 06/09
MANHATTAN BEACH CITY
$27,642.33
$2,764.23
$24,878.10
MAYWOOD CITY
$75,778.83
$7,577.88
$68,200.95
MONROVIA CITY
$64,658.15
$6,465.81
$58,192.33
MONTEBELLO CITY
$127,409.72
$12,740.97
$114,668.75
MONTEREY PARK CITY
$80,862.03
$8,086.20
$72,775.83
NORWALK CITY
$261,650.84
$26,165.08
$235,485.76
PALMDALE CITY
$488,351.82
$48,835.18
$439,516.64
PARAMOUNT CITY
$209,384.43
$20,938.44
$188,445.98
PASADENA CITY
$342,830.64
$34,283.06
$308,547.57
PICO RIVERA CITY
$148,538.42
$14,853.84
$133,684.58
POMONA CITY
$591,772.98
$59,177.30
$532,595.68
RANCHO PALOS VERDES CITY
$20,017.03
$2,001.70
$18,015.33
REDONDO BEACH CITY
$98,020.20
$9,802.02
$88,218.18
ROSEMEAD CITY
$113,906.32
$11,390.63
$102,515.69
SAN DIMAS CITY
$39,716.30
$3,971.63
$35,744.67
SAN FERNANDO CITY
$58,303.90
$5,830.39
$52,473.51
SAN GABRIEL CITY
$98,496.35
$9,849.63
$88,646.71
SANTA CLARITA CITY
$174,751.32
$17,475.13
$157,276.19
SANTA FE SPRINGS CITY
$68,947.44
$6,894.74
$62,052.70
SANTA MONICA CITY
$275,949.15
$27,594.92
$248,354.24
SIGNAL HILL CITY
$30,660.57
$3,066.06
$27,594.51
SOUTH EL MONTE CITY
$64,498.77
$6,449.88
$58,048.89
SOUTH GATE CITY
$255,772.74
$25,577.27
$230,195.46
SOUTH PASADENA CITY
$19,063.74
$1,906.37
$17,157.37
TEMPLE CITY
$36,698.06
$3,669.81
$33,028.25
TORRANCE CITY
$161,565.68
$16,156.57
$145,409.12
VERNON CITY
$23,353.04
$2,335.30
$21,017.73
WALNUT CITY
$23,353.04
$2,335.30
$21,017.73
WEST COVINA CITY
$184,442.58
$18,444.26
$165,998.32
WEST HOLLYWOOD CITY
$157,118.01
$15,711.80
$141,406.21
WHITTIER CITY
$152,510.96
$15,251.10
$137,259.86
***Los Angeles City and Los Angeles County will pool together their respective
disbursement amounts and allocate from such pool $14,103,967.01 to be used for the
Los Angeles Regional Interoperable Communications System ("LA-RICS"). The
remainder of the $2,000,000 from such pool after the allocation will be split evenly
between them for their respective use as approved under the JAG Grant.
The 10% deduction from all other jurisdictions will be added to the City's total for
Management and Administration of the grant for a total of $1,623,493.50.
Recovery Act JAG MOU 6 06/09
IN WITNESS WHEREOF, the governing bodies of the parties hereto have
authorized the foregoing Memorandum of Understanding between the Jurisdiction
whose execution is set forth below and the City of Los Angeles to be executed on the
1 st day of July 2009.
CITY OF APPROVED AS TO FORM:
(NAME AND Title) (JURISDICTION)
By:
Date:
ATTEST:
(NAME AND Title)
By:
(Title)
Date:
CITY OF LOS ANGELES
ANTONIO R. VILLARAIGOSA, Mayor
By:
Date:
APPROVED AS TO FORM:
(NAME AND Title)
By:
(Title)
Date:
Attach City Seal Below:
Attach City Seal Below:
CITY OF LOS ANGELES ATTEST:
ROCKARD J. DELGADILLO, City Attorney JUNE A. LAGMAY, City Clerk
By: By:
Deputy City Attorney Deputy City Clerk
Date: Date:
Council File/CAO Number 09-0648-S5 Date: May 22, 2009
Said MOU is Number of City Contracts
Recovery Act JAG MOU 4 04/09
CITY COUNCIL
Agenda # 6.4 (d)
Meeting Date: June 16, 1009
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
TITLE: One Year Extension of Contract wit the Regional Chamber of
Commerce of the San Gabriel Valley ($12,000)
RECOMMENDATION: Approve
FINANCIAL SUMMARY: There are sufficient funds allocated in the FY 2009-10
budget
BACKGROUND: On July 1, 2008, the City entered into a Consulting Services
Contract with The Regional Chamber of Commerce to promote the community's
businesses and member activities. Some of the services agreed upon were grand
openings and ribbon cutting ceremony's for D.B. businesses, distribution of City
information through the Chamber's Newsletter, as well meeting periodically with City
staff to discuss important issues impacting the business community.
To date, the Chamber and City Staff have worked well together to accomplish many
items set forth in the Agreement. On December 30, 2008, the Chamber Board of
Directors requested a one year extension of the contract. Based on the value of the
services received by the City and the benefit to the community, City Staff recommends
approval of the one year extension.
PREPARED BY:
ja� &Pzl"
Attachments: Letter dated December 30, 2008
Amendment No. 1
REVIEWED BY:
M",
David Doyle, Ass . City Manager
AMENDMENT NO. 1
TO THE CONSULTING SERVICES AGREEMENT
This Amendment No. 1 is made and entered into this 1st day of July, 2009,
between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as
"CITY") and REGIONAL CHAMBER OF COMMERCE OF SAN GABRIEL VALLEY
(hereinafter referred to as "CONSULTANT").
A. RECITALS:
(1) The CITY has heretofore entered into an Agreement, with
CONSULTANT to promote the community's businesses and member activities, dated July
1, 2008.
(ii.) The CONSULTANT submitted a letter dated December 30, 2008
expressing a desire to renew the contractual services with the City for FY 2009/10
described herein as Exhibit "A" and under the same conditions as described in the
Consulting Services Agreement.
NOW, THEREFORE, it is agreed by and between the CITY and CONSULTANT:
Section 1: That the services rendered by the Consultant are as described
in the Agreement dated July 1, 2008.
Section 2: Pursuant to the Letter dated December 30, 2008, Consultant
requests the City to renew the contract for FY 2009/10.
Section 3. Compensation. "City agrees to compensate Consultant in the
same amount of $1,000 a month to perform to the satisfaction of the City and that payment
will be made after submission of proper invoices in the form specified by City. The total
amount to Consultant pursuant to this Amendment shall not exceed twelve thousand
dollars ($12,000).
Section 4: Each party to this Amendment No. 1 acknowledges that no
representation by any party which is not embodied herein nor any other agreement,
statement, or promise not contained in this Amendment No. 1 shall be valid and binding.
Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by
the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of
the day and year first set forth above:
APPROVED AS TO FORM: CONSULTANT:
By:
City Attorney
I_V�r:&I
CITY OF DIAMOND BAR
Tommye A. Cribbins, City Clerk James DeStefano, City Manager
DATE:
Execurive Cor✓nee
Larry Black f (} ,7 /
CG enmry2l E -N _ R E 1'' V;' -�Y r. L'-� L
Ch,n,vian o(lGe 8-4 -
C H A M B E R O F C 0&1 At E' R' C E
Mike B—
Michael Miller Brown & Company S !7 it i r G h r• i P! J•u i f r 1 �
Ciuuman Ekd
Venita Sadowski South Coast Air Quality N agemelit I N-1•;. t (;,••: .:: 'i az Center
Rowland Heights Tax Sernce ? 1845 E Copley Drive • Suite 1170 • Diamond Bar, CA • -l: :'i4 • i:� cif': 1904 • Fax 909.860.6064
P Y
Ben Su - — -
Prudential Financial Services
C .r P,eudrnr.11ex,Le,hp DaeG�,xrYt
Mike Shay
SGV Economic Partnership Mr. James DeStefano
I —11 City Manager
Yvoimc Y
Nnrthwestem Mutual City of Diamond Bar
I ,, "de"``—„"`w— 21825 Copley Drive
Szu Pei Lu
Graves and King, LLP Diamond Bar, CA 91765
Aziz Amin
Legis Living December 30, 2008
loo,•.Gure P.nr Chrr,.mrH
Board of Directors
George Bayse Dear Mr. DeStefano,
A ERA Energy
Jerry Boykin
JIB Business Services
Ling Ling Chang The Regional Chamber of Commerce — San Gabriel Valley would like to thank
Youth Science Center you, the City Council, as well as the members of your staff for the positive working
Ref Cortez
RE /Mas Realty 100 relationship we have had over the past year. It is our hope that the services the City has
Ch-, Fesmire received from the Chamber of Commerce have met the expected standard by you and
Daeor the City leadership.
Octavio Figueroa
Minuteman Press
AnnaGaa Gore At the direction of the Board of Directors of the Regional Chamber of
Premier Designs, Inc. Commerce — San Gabriel Valley it is our desire to renew our contractual services
Reyna Del Haro
Kaiser Per-miKaisere agreement with the City of Diamond Bar for fiscal year 2009/2010. If it is the pleasure
Tina Javid of the Council and your staff, we would like to continue with the City Services Contract
Southern Calif. Gas Company agreement language as been had agreed upon for fiscal year 2008/2009; however,
DK Rios Faamillyy Law,tDiamond Bar should the Council or City Staff desire to make changes to the language I would be
Gary Lawson, Ph.D pleased to meet with you and/or your designee to flesh out any modifications, additions
Entrepreneurship Center
or corrections to the contract.
Jim Maloney
World Financial Group
Cindy Ruiz Again, thank you for the opportunity to collaborate with the City of Diamond
RE /MAX Realty 100
Bar. We look forward to continuing our positive relationship in promoting a strong
Witham Ruiz
Wells Fargo, Puente Hina economy for our businesses and for our community.
David Tsai
Ideare Media Group
Dr. George Win
United Multi -Care Medical Group Best Re ards,
June Wong
Chaney Federal Credit Union, Walnut A -Z,/
Diana Wood
Coldwell Banker, Hacienda Heights LTleidi Gallegos
Sanury21 E -N Realty
Century 21 Chief Executive Office
Steven Yip
Bovis Lend Lease
Frank Yu cc: Larry Black, Chairman of the Board
Memo United Bank
Heidi Gallegos
Chief Executive Officer
Tammy Calienes The Regional Chamber of Commerce - San Gabriel Valley is committed to providing vision, leadership, and a voice for the
Executive Assistant business community. The Chamber is dedicated to creating community partnerships with the public and private sectors in
Claudette Willhite an effort to cooperatively identify and resolve local and regional issues.
Membership Services
Amanda Gonzalez
Receptionist
CITY COUNCIL
Agenda # 6.4 (e)
Meeting Date: June 16,200
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City M&i—I*
TITLE: ADOPT RESOLUTION 2009- AUTHORIZING THE CITY OF
DIAMOND BAR TO APPLY FOR UNITED STATES DEPARTMENT OF
ENERGY "ENERGY EFFICIENCY CONSERVATION BLOCK GRANT
(EECBG)" FUNDS UNDER THE 2009 AMERICAN RECOVERY AND
REINVESTMENT ACT (ARRA)
RECOMMENDATION:
Adopt
FISCAL IMPACT:
Using a formula -based allocation system, the U.S. Dept. of Energy (DOE) has allocated
up to $515,000 to the City of Diamond Bar for use in implementing energy efficiency
programs or to purchase eligible energy efficient equipment as part of the American
Recovery and Reinvestment Act of 2009 (ARRA). The use of these funds requires DOE
approval through an application process.
BACKGROUND / DISCUSSION:
The Energy Efficiency Conservation Block Grant (EECBG) program was passed by
Congress in 2007 and funded with the passage of ARRA. A total of $3.2 billion was
appropriated nationwide to provide funding to non-federal units of governments for
programs and equipment that reduce carbon emissions, promote greater energy
efficiency, and reduce overall energy and fossil fuel use. Cities receiving allocations
must submit applications by June 25, 2009 and expend the funds within 18 months.
The EECBG program is an outstanding opportunity for the City to implement a variety of
the programs identified in the Council's Sustainability Plan. Using the goals of this
document, staff is developing a well-rounded proposal that will utilize the funds to
accomplish a number of these eligible goals, including:
• Alternative energy use at the Diamond Bar Center
• Completion of the City's Intelligent Traffic Management System (ITS)
• Public Energy Efficiency and Conservation Outreach
• Energy Efficient Retrofits at Public Facilities
Like other federal grants, the EECBG requires the City Council to publicly authorize staff
to apply for the funds. The attached resolution complies with this requirement and is the
first step enabling the City to submit a timely and complete application.
Prepared
Rya clean, Assistant to the City Manager
RESOLUTION 2009 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AUTHORIZING THE CITY TO APPLY FOR UNITED STATES DEPARTMENT OF
ENERGY "ENERGY EFFICIENCY CONSERVATION BLOCK GRANT (EECBG)"
FUNDS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)
OF 2009
A. RECITALS.
WHEREAS, the United States Congress approved the Energy Efficiency Conservation
Block Grant (EECBG) program in 2007; and
WHEREAS, the United States Department of Energy issued a funding opportunity
announcement upon the passage of the American Recovery and Reinvestment Act of
2009 through the EECBG program, with $3.2 billion allocated nationally; and
WHEREAS, the EECBG is designed to fund projects that reduce overall energy usage,
promote the use of renewable energy, encourage conservation, and reduce fossil fuel
emissions, among others; and
WHEREAS, the City of Diamond Bar is eligible to receive $516,500 in EECBG funds;
and
WHEREAS, the City of Diamond Bar City Council's Sustainability Plan identifies
potential strategies for reducing overall energy use and promoting conservation; and
WHEREAS, the City of Diamond Bar wishes to submit an application to the United
States Department of Energy to receive EECBG funds to implement the strategies of
the Sustainability Plan;
B. RESOLUTION.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF DIAMOND BAR DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Diamond Bar, through the City Manager's Designee, is
authorized to submit an application for 2009 EECBG funding; and
SECTION 2. Any funds received will be used to implement strategies identified in the
City's Sustainability Plan and Council Goals & Objectives to improve energy efficiency,
reduce fossil fuel use, and promote conservation.
SECTION 3. The City of Diamond Bar provides assurance that all laborers and
mechanics on projects funded directly by or assisted in whole or in part by and through
funding appropriated by the Act are paid wages at rates not less than those prevailing
on projects of a character similar in the locality as determined by subchapter IV of
Chapter 31 of title 40, United States Code (David -Bacon Act).
PASSED, APPROVED AND ADOPTED THIS 16th DAY OF JUNE 2009.
Ron Everett, 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 16th day of June, 2009, 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
CITY COUNCIL
Agenda # 6.4 (f)
Meeting .?ate: June 16.2009
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mang
TITLE: ADOPTION OF RESOLUTION 200 -XX, OPPOSING THE STATE OF
CALIFORNIA'S PROPOSED DIVERSION OF PROPERTY AND GAS TAX
FUNDS FROM LOCAL GOVERNMENTS TO BALANCE THE STATE BUDGET
RECOMMENDATION:
Adopt
FISCAL IMPACT:
The State's proposed property and gas tax funds could result in the loss of $900,000-
$1,000,000 in revenues for Diamond Bar in FY 09-10.
BACKGROUND / DISCUSSION:
The state's ongoing budget deficit has reached a critical point. With the failure of the
governor's budget reform measures on the May 19 California Special Election ballot, the
state is facing severe cash flow issues. To combat this, the Governor has proposed
diverting nearly $2 billion in property tax revenues and $750 million in gas tax revenues
from local governments. State law requires the property tax diversion to be repaid
within 3 years with interest, but the taking of gas tax dollars does not require
reimbursement.
These annual revenues are critical to local governments, providing funding for public
safety, street maintenance, and community services and programs. The diversions,
combined with the impacts of a significant economic recession, many cities are facing
dramatic cuts to police and fire services, staff layoffs, and general cuts to other essential
services.
In 2004, the voters of California overwhelmingly passed Proposition 1A, which created
additional protections for local government funds. The Governor has declared property
tax diversions to be irresponsible and difficult to repay, leading to even further economic
consequences. Despite this, the state continues to attempt to balance its budget on the
backs of local governments.
The City of Diamond Bar City Council has exercised strong fiscal responsibility since
incorporation, which has allowed the City to withstand tough economic conditions and
prior state funding raids. However, the continued loss of expected tax revenues may
ultimately force the City to make the difficult cuts that some agencies are facing today.
Staff recommends the Council adopt the attached resolution, which opposes the state's
proposed tax diversions and seeks to protect the funds needed to provide essential
services in cities across California.
Prepared by.
Rya clean, Assistant to the City Manager
RESOLUTION 2009 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
OPPOSING THE STATE OF CALIFORNIA'S PROPOSED DIVERSION OF
PROPERTY AND GAS TAX REVENUES FROM LOCAL GOVERNMENTS TO
BALANCE THE STATE BUDGET
A. RECITALS.
WHEREAS, the current economic crisis has placed cities across California under
incredible financial pressure, leading to the implementation of budget cuts across City
departments; and
WHEREAS, since the early 1990s the state government of California has seized over
$8.6 billion of city property tax revenues statewide to fund the state budget even after
deducting public safety program payments to cities by the state; and
WHEREAS, in FY 2007-08 alone the state seized $895 million in city property taxes
statewide to fund the state budget after deducting public safety program payments and
an additional $350 million in local redevelopment funds were seized in FY 2008-09; and
WHEREAS, in 2004 the voters by an 84% vote margin adopted substantial
constitutional protections for local revenues, but the legislature can still "borrow" local
property taxes to fund the state budget; and
WHEREAS, on May 5 the Department of Finance announced it had proposed to the
Governor that the state "borrow" over $2 billion in local property taxes from cities,
counties and special districts to balance the state budget, causing deeper cuts in local
public safety and other vital services; and
WHEREAS, in the past the Governor has called such "borrowing" proposals fiscally
irresponsible because the state will find it virtually impossible to repay and it would only
deepen the state's structural deficit, preventing the state from balancing its budget; and
WHEREAS, the combined effects of the seizure of the City's property taxes, increasing
unfunded state mandates, and the revenue losses due to the economic downturn may
result in additional budget reductions; and
WHEREAS, the City of Diamond Bar has maintained strong fiscal policy over its twenty
years of incorporation, keeping expenditures in line with revenues and maintaining a
significant General Fund reserve for use as a "rainy day fund"; and
WHEREAS, it is poor fiscal policy and inappropriate for the state to continue to raid the
coffers of responsible local governments to balance its own budget deficit.
B. RESOLUTION.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF DIAMOND BAR DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council strongly and unconditionally opposes the May 5 proposal
of the Department of Finance and any other state government proposals to borrow or
seize any additional local funds, including the property tax, redevelopment tax
increment, and the city's share of the Prop. 42 transportation sales tax; and
SECTION 2. That the City Council strongly urges the state legislature and Governor to
suspend the enactment of any new mandates on local governments until such time as
the economy has recovered and urges the state to provide complete funding for all
existing and any new mandates; and
SECTION 3. That the City supports the League of California Cities' "Save Your City"
campaign, a coalition of agencies opposed to the proposed tax seizures; and
SECTION 4. That the City Clerk shall send copies of this resolution to the Governor,
Senator Huff, Assemblyman Hagman, and the League of California Cities.
PASSED, APPROVED AND ADOPTED THIS 16th DAY OF JUNE 2009.
Ron Everett, 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 16th day of June, 2009, 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
CITY COUNCIL
Agenda # 6.4 (g)
Meeting Date: June 16, 200'
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Manage
TITLE: APPROVE THE PROPOSED COM UNITY DEVELOPMENT BLOCK GRANT -
RECOVERY (CDBG-R) PROGRAM AND ADOPT RESOLUTION NO. 2009 -XX
TO AMEND THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM PURSUANT TO THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009
RECOMMENDATION:
It is recommended that the City Council approve the proposed Community Development
Block Grant—Recovery (CDBG-R) funded projects and budgets, and adopt the attached
resolution.
BUDGET IMPLICATION:
Funding for the CDBG-R Program is received from the Federal Government. Approval of the
CDBG-R budget will be incorporated into the Fiscal Year 2009-2010 City Budget. The
CDBG-R Program does not impact the City's General Fund budget.
BACKGROUND AND DISCUSSION
On February 17, 2009, the American Recovery and Reinvestment Act of 2009 (Recovery Act)
was signed into law to provide funding for infrastructure improvements, improve energy
efficiency, expand opportunities for education and health care, and promote job
creation/retention. Funding available under the Recovery Act included an appropriation to
carry out the Community Development Block Grant (CDBG) Program. The U. S. Department
of Housing and Urban Development (HUD) has recently released the program requirements
and funding allocations for the CDBG-R Program.
As a participant in the Los Angeles Urban County's Community Development Block Grant
Program, the City will receive an allocation of CDBG-R funds in the amount of $107,937.
CDBG-R is a one-time funding source that must be expended by September 30, 2012.
Staff proposes CDBG-R funding for the following:
Curb Ramp Installation Project $102,541
CDBG-R funds will be used to provide ADA accessibility to existing sidewalks through the
construction of ADA compliance curb ramps at various intersections in the vicinity of Castle
Rock Elementary School and Evergreen Springs Elementary School. This project was
approved for FY 2009-2010 CDBG funding by the City Council on December 16, 2008. The
CDBG-R funds will supplement the CDBG budget and provide for the installation of additional
curb ramps.
Program Management $ 5,396
CDBG-R funds will be used to provide grant administration, reporting, monitoring, and
financial management of the CDBG-R Program. In addition to the regular CDBG
administrative requirements, there will be reporting and compliance requirements related to
job creation and/or retention and other benefits. Furthermore, the CDBG-R projects must be
set up and tracked separately from the regular CDBG Program.
A Public Notice was posted to -provide information on the additional funding for the CDBG
Program made available under the Recovery Act and to obtain comments from the public. A
copy of the Public Notice is attached.
Prepared and Reviewed by:
F"
Dave Doyle
Assistant City Manager
Attachments:
A - Resolution 2009 -XX
B — Public Notice
2
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF DIAMOND BAR
AMENDING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM PURSUANT TO THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009
WHEREAS, on February 17, 2009, the President of the United States signed into
law the American Recovery and Reinvestment Act of 2009 (Recovery Act) which
appropriated funding to carry out the Community Development Block Grant (CDBG)
program under Title I of the Housing and Community Development Act of 1974 on an
expedited basis; and
WHEREAS, the primary goals of the Recovery Act are to stimulate the economy
through measures that modernize infrastructure, improve energy efficiency, expand
opportunities for education and health care, and promote job creation/retention; and
WHEREAS, the City of Diamond Bar has received notification of the availability
of $107,937 in Federal Community Development Block Grant -Recovery (CDBG-R)
funds to further the attainment of these goals; and
WHEREAS, the City of Diamond Bar's Community Development Block Grant
Program will be amended in order to receive CDBG-R funding; and
WHEREAS, the City has posted the required Public Notice that provided
information on the CDBG-R eligible activities and proposed project.
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby
resolve as follows:
Section 1. The funding allocation for the Community Development Block Grant -
Recovery (CDBG-R) Program year shall be:
Curb Ramp Installation Project $102,541
Program Administration 5,396
Total $107,937
Section 2. That the City Manager is authorized to execute the contractual and
related documents to be prepared by the County of Los Angeles Community
Development Commission that are required for the implementation of the
project/program set forth herein.
Section 3. This Resolution shall take effect from and after the date of its passage
and adoption.
PASSED, APPROVED, AND ADOPTED this 16th day of June, 2009.
Ron Everett, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby
certify that the foregoing Resolution No. 2009- was duly and regularly passed
and adopted by the City Council of the City of Diamond Bar, California, at its adjourned
regular meeting held on the 16th day of June, 2009, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
2
Tommye A. Cribbins, City Clerk
City of Diamond Bar
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
Agenda # 6. 4 (h )
Meeting Date: June 16, 2009
AGENDA REPORT
VIA: James DeStefano, City Mang
TITLE: AUTHORIZE THE CITY MANNAGYRO APPROVE ALL DOCUMENTS REQUIRED TO
PARTICIPATE IN THE BMW MINI ELECTRIC VEHICLE PROGRAM
RECOMMENDATION:
Approve.
FISCAL IMPACT:
The total cost of a one-year lease of two vehicles is $240. It is anticipated there will be a minimal
increase in insurance costs. All vehicle maintenance is covered by BMW USA.
BACKGROUND:
On May 20, 2009 the South Coast Air Quality Management District (SCAQMD) notified all cities in the
district of a unique opportunity to participate in a one year BMW Mini Electric Vehicle Program.
Under the lease program, cities would be eligible to lease up to two BMW Mini Cooper electric
vehicles for one year at a cost of $120 per vehicle. The SCAQMD held a lottery for interested cities
on June 2, with Diamond Bar one of four cities to be offered the opportunity to participate in the
program.
To participate, the City is required to complete a Memorandum of Understanding, Lease Agreement,
and extend the City's automobile liability insurance coverage to include BMW USA by June 20, 2009.
Staff requests that the City Council authorize the City Manager to execute all required documents
required to participate in the BMW Mini E Program, which will facilitate delivery of the vehicles within
BMW's requested timeframe.
The City of Diamond Bar anticipates receiving delivery of the vehicles and the specially designed
electric charging units from Mini of Monrovia by June 26, 2009. When the one year lease is
complete, the City must return the vehicles to BMW USA upon their request.
To accommodate the vehicles power requirements, staff will work with the SCAQMD to install the
specially designed charging units to ensure there is adequate charging capacity at City Hall. Each
vehicle will have a range of approximately 150 miles per charge, and staff will develop a plan to
manage vehicle usage and repairs to meet all program requirements.
To assist in promoting the City's recently adopted sustainability plan and to encourage green living,
these alternative fuel vehicles will be displayed to the public at many of the City's 25 special events,
including the concerts in the park, 4t" of July Celebration, and City Birthday Party. To further increase
visibility, staff will identify additional uses for the vehicles throughout the year. The City will also work
with BMW USA to disseminate any requested literature about the vehicles to the public.
Prepared by:
Anthony Santos
Management Analyst
Attachment:
1. BMW Mini E Memorandum of Understanding
2. BMW Mini E Lease Agreement
Reviewed by,
Ryaclean
Isnint to the City Manager
MINI
— Strictly Confidential -
Memorandum of Understanding
MINI E Usage by City of Diamond Bar
This Memorandum of Understanding "MOU" dated and effective as of the _ day of , 2009 ("Effective
Date"), by and between the City of Diamond Bar with offices at 21825 Copley Drive, Diamond Bar, CA 91765
and MINI USA division of BMW North America, LLC, with offices at 300 Chestnut Ridge Road, Woodcliff Lake,
New Jersey 07677 ("MINI USA").
WHEREAS, City of Diamond Bar and MINI USA contemplate City of Diamond Bar's participation in MINI
USA's MINI E Field Trial, under the "Project i" Program intended to introduce a new form of urban
transportation; and
WHEREAS, MINI of Monrovia, as authorized by MINI USA, will facilitate the delivery and lease of the
vehicles to City of Diamond Bar; and
NOW THEREFORE, City of Diamond Bar and MINI USA agree as follows:
1. The City of Diamond Bar will lease two (2) MINI E vehicles for a 1 (one) year closed-end lease through
MINI of Monrovia. The lease payments will be $10 per month per vehicle, payable in a single payment of
$120 at time of delivery. All taxes, fees, and licensing are to be paid by the City of Diamond Bar upon
delivery. The lease of the vehicles is expected to commence in May 2009, but in no event later than June 2009.
Liability insurance is to be provided by the City of Diamond Bar and collision insurance will be included, as
part of the lease, by MINI USA.
2. MINI USA will provide wallboxes (also known as charging stations) and standard installation services to City
of Diamond Bar. MINI USA covers the costs for a standard installation of the wall box. If any additional
electrical work is deemed necessary, as agreed to by both Parties, the City of Diamond Bar will pay all
reasonable costs of such additional electrical work. The City of Diamond Bar understands that such costs may
total several thousand dollars, depending on the existing infrastructure and wallbox locations.
The lease price offered to the City of Diamond Bar in connection with this lease is below the standard lease
rate offered to commercial customers of the MINI E. MINI USA and Dealer have specifically advised the
City of Diamond Bar of its concerns that the offer of such a lease rate could be construed as a gift or gratuity
under applicable state or local law or regulation relating to the ethical requirements of a governmental entity or
any employee or official of such governmental entity and may not be permitted under such laws. In order to
induce MINI USA and Dealer to enter into this lease agreement, the City of Diamond Bar warrants and
represents the following:
a. The City of Diamond Bar is authorized to enter into this lease agreement and no other legislative or
executive act is required or the City of Diamond Bar has obtained all such necessary legislative or
executive acts necessary and sufficient to enter into this lease agreement.
b. The City of Diamond Bar has reviewed the relevant laws, rules and regulations pertaining to the
ethical conduct of government employees or officials, and believes that the lease terms for this MINI
E are permitted under the laws of this state, county and municipality.
4. During the duration of the 12 -month lease of the MINI E vehicles, certain designated City of Diamond Bar
employees shall utilize those vehicles with unlimited mileage constraints. The designated City of Diamond
Bar employees may take the vehicles home on occasion. At regular intervals during the 12 -month lease, the
MINI
designated employees shall provide to MINI USA consumer -type feedback on the MINI E vehicle (i.e.,
vehicle usage, driving experience and the like). The City of Diamond Bar City Manager's designee will serve
as the dedicated contact person for the MINI E fleet, and will facilitate the gathering of information pertaining
to vehicle tracking and usage.
With the exception of the time necessary for repairs or maintenance work, City of Diamond Bar shall
consistently maintain in use each of the MINI E fleet vehicles during the 12 -month period of the lease.
5. City of Diamond Bar understands the features, operation and limitations of the MINI E as shown on
www.MINI-Ecom.
6. City of Diamond Bar agrees to utilize reasonable efforts to communicate the important message that its
participation in this agreement is pursuant to BMW Group's comprehensive initiative i to develop substantive
and sustainable solutions to the future of urban transportation.
7. MINI USA and City of Diamond Bar shall comply with all applicable statutes, regulations, ordinances and
promulgations governing such agreements between the parties.
Signature Of CITY OF DIAMOND BAR Authorized Signature Of MINI USA Authorized Representative
Representative
Full Name (Please Print) Full Name (Please Print)
Title
Richard Steinberg
Title
Manager, Aftersales and Product Strategy
Date Date
MINI Financial Services
Motor Vehicle Lease Agreement (Closed End) - California
1. PARTIES
Lessor (Center) Name and Address I Lessee and Co -Lessee Name and Address I Vehicle Garaging Address (if Different)
Billing Address (if Different)
2. Agreementto Lease. This Motor Vehide Lease Agreement ("Lease") is entered into between the lessee and co -lessee ("Lessee') and the lessor ("Lessor") named
above. Unless otherwise specified, "I," "me" and "my" refer to the Lessee and "you" and "your' refer to the Lessor or Lessor's assignee. "Vehicle"
refers to the leased vehicle described below. "Assignee" refers to MINI Financial Services, a division of BMW Financial Services NA, LLC ("MINI FS"). MINI FS will ad-
minister this Lease on behalf of itself orany assignee. The consumer lease disclosures contained in this Lease are made on behalf of Lessorand its successors or as-
signees.
3. Date of Lease, Lease Term and Scheduled Maturity Date. This Lease is entered into on for the scheduled Lease Term of 12 months
with a Scheduled Maturity Date of
4. VEHICLE DESCRIPTIONS
A LeasedVehicle ModelYear Make &Model VIN Odometer TPrimary ZI Personal, Familyor Household
IJNew U Demo 2008MINI E Use: 0 Business, Commercial or
❑ Used Agricultural
U Telephone I CD Player U (specify) 7 (specify) ❑ (specify)
B. Trade -In ModelYear Make Model Agreed Upon�Value��N
ior Credit �Leaealance NetTrade-In Value
NIA N/A N/A N/A NJA /ANIA
5, AMOUNT DUE AT LEASE 6. MONTHLY PAYMENTS 7. OTHERCHARGES ! 8. TOTAL OF PAYMENTS
SIGNING OR DELIVERY (Not part of my Monthly, Payments) (The amount I will have paid
(Itemized_ in Section 9) _ _ _ _ by the end of the Lease Term)
My first monthly payment of A. Disposition Fee $ 0
$10 is due ondate of delm-
followed by 11 payments of
$10 due on the
date of 4 day of each month.
The total of my monthly payments are
$ $120 TOTAL $ 0 $
9. AMOUNT DUE AT LEASE SIGNING OR DELIVERY
A. Amount Due at Lease Signing or Delivery
(not a governmental fee)
1. Capitalized Cost Reduction
$ 0
2. First Monthly Payment
$
3. Refundable Security Deposit
$
4. Initial Title Fees
$
5. Initial Registration Fees
$
6. Initial License Fees
$
7. Sales/Use Tax
$ N/A
8. Acquisition Fee (if not capitalized)
$ N/A
9. Optional DMV Electronic Titling Fee
(if not capitalized)
$
10. Sales Tax on Capitalized Cost Reduction
$
11. Document Preparation Fee
$
B. How the Amount Due at Lease Signing or Delivery Will Be Paid
1. Net Trade -In Allowance $ 0
2. Rebates and Noncash Credits $ 0
3. Amount to be Paid in Cash $
TOTAL $
ME2204 (10/08) (CA)
10. MY MONTHLY PAYMENT IS, DETERMINED AS SHOWN BELOW
L. Gross Capitalized Cost. The agreed upon value of the Vehicle
($49,990,00 ) and any items I pay for over the Lease Term
(such as taxes, fees, service contracts, insurance, and any
outstanding prior credit or lease balance)
(See Section 13 for an itemization of this amount). $ 49,990,00
3. Capitalized Cost Reduction. The amount of any net
trade-in allowance, rebate, noncash credit, or cash
I pay that reduces the Gross Capitalized Cost, - $ 0
Adjusted Capitalized Cost. The amount used in
calculating my Base Single Payment. _ $ 49,990,00
3. Residual Value. The value of the Vehicle at the end of
the Lease used in calculating my Base Single Payment - $ 49,881,98
°. Depreciation and any Amortized Amounts. The amount
charged for the Vehicle's decline in value through normal
use and for other items paid over the Lease Term. _ $ 108,02
-. Rent Charge. The amount charged in addition to the
Depreciation and any Amortized Amounts. +$ 11,98
3. Total of Base Monthly Payments. The Depreciation
and any Amortized Amounts plus the Rent Charge. _ $ 120
H. Lease Payments. The number of payments in my Lease. - 12
Base Monthly Payment. _ $ 10
I. Sales/Use Tax. + $
K. + $ NIA
L. Total Monthly Payment = S
Lessee initials
Page 1 of 6
(not a governmental fee)
12.
California Tire Fee
$ 7,00
13.
Theft Deterrent Device
$
14.
Theft Deterrent Device
$
15.
Surface Protection Product
$ _
16.
Surface Protection Product
$
17.
$ _
18.
$
19.
$ _
20.
$
TOTAL
$
B. How the Amount Due at Lease Signing or Delivery Will Be Paid
1. Net Trade -In Allowance $ 0
2. Rebates and Noncash Credits $ 0
3. Amount to be Paid in Cash $
TOTAL $
ME2204 (10/08) (CA)
10. MY MONTHLY PAYMENT IS, DETERMINED AS SHOWN BELOW
L. Gross Capitalized Cost. The agreed upon value of the Vehicle
($49,990,00 ) and any items I pay for over the Lease Term
(such as taxes, fees, service contracts, insurance, and any
outstanding prior credit or lease balance)
(See Section 13 for an itemization of this amount). $ 49,990,00
3. Capitalized Cost Reduction. The amount of any net
trade-in allowance, rebate, noncash credit, or cash
I pay that reduces the Gross Capitalized Cost, - $ 0
Adjusted Capitalized Cost. The amount used in
calculating my Base Single Payment. _ $ 49,990,00
3. Residual Value. The value of the Vehicle at the end of
the Lease used in calculating my Base Single Payment - $ 49,881,98
°. Depreciation and any Amortized Amounts. The amount
charged for the Vehicle's decline in value through normal
use and for other items paid over the Lease Term. _ $ 108,02
-. Rent Charge. The amount charged in addition to the
Depreciation and any Amortized Amounts. +$ 11,98
3. Total of Base Monthly Payments. The Depreciation
and any Amortized Amounts plus the Rent Charge. _ $ 120
H. Lease Payments. The number of payments in my Lease. - 12
Base Monthly Payment. _ $ 10
I. Sales/Use Tax. + $
K. + $ NIA
L. Total Monthly Payment = S
Lessee initials
Page 1 of 6
Early Termination. I may have to pay a substantial charge if I end this Lease early. The charge may un to several thousand dollars. The actual charge
will depend on when the Lease is terminated. The earlier I end the Lease, the greater this charge is likelyto be.
11. Excessive Wear and Use. I may be charged for excessive wear based on yourstandards for normal use.
12. No Purchase Option. I understand that I will not have an option to purchase the Vehicle. I will return the Vehicle to a place you specify at the Scheduled
Termination of the Lease.
Other Important Terms. Seethe front and back of this Lease for additional information on early termination, maintenance responsibilities, warranties, default
charges, insurance, and any security interest, if applicable.
13. ITEMIZATION OF GROSS CAPITALIZED COST
A. Agreed Upon Value of Vehicle as Equipped at the
Time of Lease Signing $ 49.990,00
B. Agreed Upon Value of Each Accessory and item of
Optional Equipment Original Lessor Agrees to
Add to the Vehicle after Lease signing
C. Total Agreed Upon Value of Vehicle
D. Initial Title, License & Registration Fees
E. Sales/Use Tax
F. Federal Luxury Tax
G. Sales Tax on Capitalized Cost Reduction
14. ESTIMATED OFFICIAL FEES AND TAXES
$
N/A
gNIA
$
K. Extended Warranty
$ TITT'—
-- ----
L. Service Contract
$
$
49.900,00
$
—F17A
$
—RTA
$
J
Q. Other
$
H. Document Preparation Fee (nota governmental fee) $` N/A
I. Maintenance Agreement
$ N/A
—RTx—
J. Mechanical Breakdown Protection
$
K. Extended Warranty
$ TITT'—
-- ----
L. Service Contract
$
M. Prior Creditor Lease Balance*
$ ITX—
N. Optional DMV Electronic Titling Fee
$ --NTX—
O. Acquisition Fee
$
—N/A
R Other
$
Q. Other
$
R. Other
$
TOTALGROSS CAPITALIZED COST (C through R)
$ SOT
*Leave blank unless Lessor has paid prior credit or lease balance.
$ This is an estimate of the total amount I agree to pay for official and license fees, registration, title and taxes (including personal prop-
erty taxes) over the Lease Term including any extensions of the Lease Term, whether included in my Monthly Payment, Amount Due at Lease Signing or Deliv-
ery, or separately billed. The actual total of Official Fees and Taxes may be higher or lower, depending on the tax rates in effect or the value ofthe Vehicle at the
time a fee or tax is assessed. This estimate is based on my Garaging Address and may increase if I move or if tax rates change. Forsome of these items, we
may invoice you afterthe taxing authority has billed us, sometimes after the lease terminates.
15. RESERVED
16. WARRANTIES
The Vehicle is subject to the following express warranties. If the Vehicle is new, the Vehicle is subject to the standard m
� g p � manufacturer's new vehicle warranty. The Vehicle is also cov-
ered by the following, if checked:
❑ Remainder ofthe standard manufacturer's new vehicle warranty ifthe Vehicle is not anew vehicle.
UNLESS A LESSOR'S WARRANTY IS DISCLOSED ABOVE, LESSOR, TO THE EXTENT PERMITTED BY LAW, (1) MAKES NO WARRANTIES OR REPRESENTATIONS, EI-
THER EXPRESSED OR IMPLIED, AS TO THE VEHICLE OR ANY OF ITS PARTS OR ACCESSORIES AND (2) MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS
OF THE VEHICLE FOR ANY PARTICULAR PURPOSE. I ACKNOWLEDGE THAT 1 AM LEASING THE VEHICLE FROM THE LESSOR "AS IS."
17. INSURANCE VERIFICATION
I agree to maintain the insurance coverage described in Section 23.1 affirm that such insurance is in force on the date of this Lease. I authorize Lessor and its as-
signees to speak to my insurance agent or company, and any future insurance agents or companies, about my coverage for the leased Vehicle.
Insurance
o.
Coverage
All matters regarding insurance should be sent to: MINI FS Insurance Center, P.O. Box 650700, Hunt Valley, MD 21065-0700; or fax to 888-725-8456.
18. RESERVED
19. RESERVED
20. RESERVED
ME2204 (10106) (CA) Lessee initials Page 2 of 6
MYOBLIGATIONS,DURING THIS LEASE
21. Vehicle Use. I agree not to use (or permit others to use) the Vehicle: (a) in any
way that violates the law or the terms of my insurance policy or this Lease; (b) to
transport goods or people for hire, lease or rental to others; (c) outside the state
where it was first titled for more than 30 days without your prior written consent;
(d) outside the United States, except for less than 30 days in Canada; (e) allow an
uninsured person to operate the Vehicle at any time, or allow any third party,
other than my spouse, to operate the Vehicle without written permission from
you. I will not physically change the Vehicle's body or interior in any way unless I
first get your written consent. I understand that you are leasing the Vehicle to
me for testing and evaluation purposes. I promise to provide you, or third par-
ties designated byyou, with data about my experiences with the Vehicle, includ-
ing the performance, handling and use of the Vehicle, and to otherwise assist
your efforts to obtain this experience data. I agree that any experience data you
obtain from me or the Vehicle, either directly or indirectly, shall be your exclusive
property, and you may use such data as you may determine in your sole discre-
tion. You may share my name, address, and other Vehicle information with any
third -party you have hired to collector evaluate this experience data.
22. Vehicle Maintenance, Service, Repairs, and Reconditioning. You are re-
sponsible for repairs of all collision, accident, and other physical damage that is
not a result of normal wear and use. These repairs include, but are not limited to,
those necessary to return the Vehicle to its pre -damage condition, including, but
not limited to, repairing damage to exterior panels and components, structural
components, vehicle safety systems such as airbag systems and seatbelts, and the
Vehicles interior. All repairs must be made with new and genuine manufacturer's
original equipment replacement parts.
If the Vehicle's odometer becomes inoperative or malfunctions, I agree to notify
you within 30 days. I agree not to make any alterations that decrease the Vehi-
cle's value or usefulness or that violate the law. If I add non-standard equipment
to the Vehicle, I will return itto original manufacturerspecifications before the end
of the Lease Term. If the non-standard equipment cannot be removed or mod-
ified without decreasing the Vehicle's value or usefulness when the Vehicle is re-
turned to you, the equipment will become your property, and I may be billed in
accordance with Section 35 below. You may inspect the Vehicle at any reason-
able time.
NO PHYSICAL DAMAGE OR LIABILITY INSURANCE COVERAGE
FOR BODILY INJURY OR PROPERTY DAMAGE CAUSED TO OTH-
ERS IS INCLUDED IN THIS LEASE.
23. Required Insurance. During the term ofthis Lease and until I return the Ve-
hicle, I agree to maintain the following types and amounts of primary insurance:
(a) personal liability for bodily injury or death to any one person for not less than
$100,000 and for any one occurrence for not less than $300,000; and (b) prop-
erty damage liabilityfor not less than $50,000. The coverage will name you as an
additional insured. I will provide you with at least 30 days advance notice ofcan-
cellation. You have the right to endorse my name on any insurance check orset-
dement you receive. You also have the right to speak to my insurance company
about my insurance coverage.
Except to the extent required by the motorvehicle financial responsibility laws of
the applicable state or otherwise by law, I acknowledge that you do not extend
any of your motorvehicle financial responsibility or provide insurance coverage to
me, any authorized additional driver(s), passengers or third parties through this
Lease. If valid automobile liability insurance or self insurance is available on any
basis for me, additional authorized driver(s) or any other driver and such insurance
or self insurance satisfies the applicable state motorvehicle financial responsibil-
ity law, then you extend none ofyour motorvehicle financial responsibility. How-
ever, if I and any additional authorized driver(s) are in compliance with the terms
and conditions of this Lease and if you are obligated to extend your motorvehi-
cle financial responsibility to me, any additional authorized driver(s) orthird par-
ties, then your obligation is limited to the applicable state minimum financial
responsibility amounts, Unless required by law, your financial responsibility shall
not extend to any claim made by passenger while riding in or on or getting in or
out of Vehicle. Your financial responsibility shall not extend to liability imposed or
assumed by anyone under any workers compensation act, plan or contract.
Except as required by law, you do not provide Personal Injury Protection, No Fault
Benefits or Medical Payment Coverage (PIP) orUninsured/Underinsured Motorist
Protection (UM/UIM) through this Lease. If you are required by law to provide
PIP and/or UM/UIM, I expressly select such protection in the minimum limits with
maximum deductible and expressly waive and reject PIP and/or UM/UIM limits in
excess of the minimum limits required by law.
24. Registration, Titling, and Taxes. I agree to pay registration, title, license, in-
spection fees and other official fees and taxes in connection with the Vehicle
when due. You may, at your discretion, pay these fees ortaxes to protectyour in-
terest in the Vehicle. If you pay such fees or taxes on my behalf, I agree to reim-
burse you when I am billed. If I fail to reimburse you within 60 days after I am
billed, then I will pay you a monthly late charge, until the unpaid balance of the
fees and taxes has been paid in full. The amount of each such late charge will not
exceed 1.5% of the outstanding unpaid balance of the fees and taxes then due,
orthe maximum amount permitted by law, whichever is less. The remedies de-
scribed in this Section 24 are in addition to any remediesyou may have pursuant
to Section 26.
If I move to another location during the Lease Term or it becomes necessary for
you to correctanytitle or registration deficiencies, orto perfectyour interest in the
Vehicle, whether as a result of my failure to cooperate or other action or inaction
on my part, I agree to payyou a $30 service charge in addition to the actual fees
ortaxes, unless prohibited by law, to process registration, title and license docu-
ments.
25. Payments, Late Charge, Returned Payment Charge, Fines, and Traffic
Tickets. Ifyou do not receive my total Monthly Paymentwithin 10 days after it is
due, I agree to pay a late charge of$30 or 5% of the amountofthe paymentthat
is late, whichever is greater, but not to exceed any limit under applicable law. If
any payment is returned to you unpaid for any reason, or if any electronic debit
authorization is not paid, i agree to payyou a $25 service charge per item when
I am billed.
If you receive notice of any third -party charges related to the Vehicle (including
but not limited to fines, traffic tickets, parking tickets, toll violations, towing fees,
storage fees, or repair bills), I will payyou a $30 service charge per item whether
or not you pay such third -party charges. You may, at your discretion, pay these
charges to protectyour interest in the Vehicle. If you pay such charges on my be-
half, I agree to reimburse you when I am billed. If I fail to reimburse you within
60 days after I am billed, then I will pay you a monthly late charge, until the un-
paid balance of such third -party charges has been paid in full. The amount of
each such late charge will not exceed 1.5% of the outstanding unpaid balance
of the fees and taxes then due, or the maximum amount permitted by law,
whichever is less. I further agree to pay you any and all costs you incur associated
with my failure to pay such fines, charges or traffic tickets, including legal costs
and reasonable attorneys' fees as allowed by applicable law. The remedies de-
scribed in this Section 25 are in addition to any remediesyou may have pursuant
to Section 26.
26. Default and Remedies. I will be in default under this Lease if:
(a) I fail to make a Monthly Payment when due;
(b) I fail to maintain the required insurance;
(c) I fail to return the Vehicle at the end of the Lease term;
(d) I fail to keep any of my promises under this Lease;
(e) I abandon the Vehicle;
(f) I ora guarantor become(s) insolvent ordie(s); or
(g) Any information in my credit application or a guarantor's credit appli-
cation is false or misleading.
If I am in default, you may do any or all of the following:
(a) Terminate this Lease and my rights to possess and use the Vehicle;
(b) Take possession of the Vehicle by any method permitted by law;
(c) Pursue any other remedy permitted by law;
(d) Dispose of any personal or other property in the Vehicle at the time of
repossession if I do not reclaim it within 10 days;
(e) Require that I pay the sum of: (1) any past due Monthly Payments; plus
(2) any official fees and taxes assessed or billed in connection with this
Lease and the Vehicle and any other amounts needed to satisfy my ob-
ligations under this Lease except Excess Wear and Use; plus (3) the
amount bywhich the Adjusted Lease Balance (explained in Section 33)
exceeds the Realized Value of the Vehicle (Section 34); plus (4) all of
your expenses for taking these actions, including, but not limited to
expenses for repossession, transportation, storage, and/or sale of the
Vehicle. plus (5) all fees and costs of collections, including reasonable
attorneys' fees, courtcosts, interest, and other related expenses for all
losses you incur in connection with my default of this Lease. Further-
more, if I do not pay these amounts when you ask, you may charge
me interest at a rate not exceeding the highest lawful rate until I pay;
(f) If the Vehicle has an electronic tracking device, I agree thatyou may use
the device to find the Vehicle.
ME2204 (10108) (ca,) Lessee initials Page 3 of 6
27. Vehicle Loss or Damage. I agree to immediately notify you if the Vehicle is
damaged or destroyed in an accident, stolen, abandoned, or taken by a police or
other governmental agency. In that event, you reserve the right to terminate this
Lease and my liability will either be: (a) calculated under Section 28 below, if I am
in compliance with my insurance obligations; or (b) calculated under Section 26
above, if I am not in compliance with my insurance obligations. If the Vehicle is
stolen or destroyed, another vehicle may be substituted in its place only if you
agree to the substitution. You have no obligation to provide a substitution vehi-
cle. If the Vehicle is damaged, I have no right to repair the damages. You will be
solely responsible for all repairs and maintenance to the Vehicle and you may, at
your sole discretion, determine whetherto permit repairs to the Vehicle and shall
have the sole authority to permit third parties to make repairs. Ifyou determine
not to repair the Vehicle, you may, at your sole discretion, terminate this Lease or
substitute another vehicle. If you terminate this Lease pursuantto this Section 27,
1 will have no obligation to make any payments otherthan past due Monthly Pay-
ments.
28. "Gap Amount" Waiver. If the Vehicle is damaged, stolen or destroyed and
considered a total loss by you, I will not be obligated to pay you the gap amount
(the difference between the Adjusted Lease Balance and the actual cash value of
30. Reserved.
the Vehicle as of the date of loss). However, I will be obligated to pay you: (1) any
and all amounts due and owing needed to satisfy my obligations under this Lease
(including past due Monthly Payments and any official fees and taxes assessed or
billed in connection with this Lease and the vehicle) that became due prior to the
date on which I reported the Vehicle stolen or damaged, as applicable.
29. Power of Attorney. I appoint you, to the extent permitted by law, through
your officer or employee, as my attorney-in-fact.. My grant of this power of at-
torney is coupled with an interest, and is irrevocable until all obligations I owe
under this Lease are paid in full. As my attorney-in-fact, you can sign on my be-
half all Certificates of Ownership, Registration Cards, applications, affidavits, or
any other documents required to register and properly perfect your interest in
the Vehicle; transfer my entire interest in the Vehicle as part of a repossession and
sale; act on my behalf in insurance matters relating to the Vehicle, including, but
not limited to, the power to endorse insurance proceeds checks or drafts on my
behalf; and cancel any Credit Life, Credit Disability, GAP Coverage, Extended War-
ranty, or other optional insurance financed under this Lease, and apply the re-
funded premium or cost to my outstanding balance if I am in default. Should an
original power of attorney be necessary to accomplish any of the preceding, I
agree to execute a separate identical power of attorney document and provide
you with same.
ENDING MY LEASE
31. Vehicle Return. I agree to return the Vehicle to the place you specifywith all
parts and accessories and in good working order. Upon return, I agree to com-
plete and sign an odometer disclosure statementand a vehicle inspection report,
which maybe used in determining any excess wear and use. If I do not return the
Vehicle at the end of my Lease Term, i am in default and will continue to pay an
amount equal to the Monthly Payment for each month until the time that I return
the Vehicle. Payment of this amount does not give me the right to keep the Ve-
hicle nor does it automatically extend this Lease.
32. Scheduled Termination of the Lease. Unless I terminate my Lease early, my
Lease will terminate on the Scheduled Maturity Date, at which time, I agree to pay
you: (a) any unpaid Monthly Payments then due and other amounts needed to
satisfy my obligations underthis Lease, plus (b) any Excess Wear and Use charges
(Section 11), plus (c) any official fees or taxes assessed or billed in connection
with this Lease.
33. Early Termination ofthe Lease. 1 may terminate this Lease at anytime by
returning the Vehicle to a location selected by you, ifl am in full compliance with
the Lease and satisfy all of my Early Termination obligations. I may choose one of
the following options to determine my Early Termination liability:
Option A. I agree to pay the sum of: (1) all remaining Monthly Payments;
plus (2) any past due Monthly Payments; plus (3) any official fees and taxes
assessed or billed in connection with this Lease and the Vehicle and any
other amounts needed to satisfy my obligations under this Lease; plus (4)
any Excess Wearand Use Charges. However, should my Early Termination Li-
ability calculated underthis Option exceed what I would have owed had I se-
lected Option B, you will waive the difference and my liabilitywill be capped
at Option B.
option B. I agree to pay the sum of: (1) any past due Monthly Payments;
plus (2) any official fees and taxes assessed or billed in connection with this
Lease and the Vehicle and any other amounts needed to satisfy my obliga-
tions under this Lease except Excess Wear and Use charges; plus (3) the
amount by which the Adjusted Lease Balance (explained below) exceeds
the Realized Value ofthe Vehicle (Section 34).
Under either option, you may apply some or all of my Security Deposit to what I
owe and I will remain liable for personal property taxes that may be assessed
and/or billed after the Lease terminates.
The "Adjusted Lease Balance" is determined atany given time by subtract-
ing the scheduled Base Monthly Payments received through the early ter-
mination date from the Adjusted Capitalized Cost and adding to the
difference the cumulative Rent Charge received through the early termina-
tion date. The Rent Charge is calculated according to the "constant yield
method". Under the constant yield method, each month's rent charge is
earned in advance by multiplying the constant rate implicit in the Lease
times the Adjusted Lease Balance. The Rent Charge calculations are based
on the assumption that Lessor will receive the Monthly Payments on the
exact due date.
34. Realized Value ofthe Vehicle. For the purpose of calculating my Early Ter-
mination liability (Section 33), the Realized Value of the Vehicle is (a) the price
you receive for the Vehicle upon disposition in a commercially reasonable man-
ner or (b) a price agreed to byyou and mein a separate writing. If the Vehicle is
a total loss asset forth in Section 27 above, the amount ofany deductible and the
proceeds of the settlement of the insurance claim you receive are the "Realized
Value." The Realized Value may also be determined by an appraisal ofthe whole-
sale value ofthe Vehicle, which i may obtain, at my own expense from a profes-
sional, independent appraiser agreeable to both of us. If I obtain such an
appraisal not later than 3 days before the date of scheduled disposition of the
Vehicle byyou, the appraisal will be the final and binding Realized Value.
35. Excessive Wear and Use. I agree to payyou the costs ofall repairs to the Ve-
hicle that are not the result of normal wear and use, whether or not you actually
repair the Vehicle. Excessive wear and use includes, but is not limited to:
(a) inoperative electrical or mechanical parts;
(b) dented, scratched, chipped, rusted, pitted, broken or mismatched body
parts, paint, vehicle identification items, trim or grill work;
(c) non-functioning, scratched, cracked, pitted or broken glass or lights;
(d) missing equipment, parts, accessories or adornments;
(e) torn, damaged, burned, or stained interior;
(f) repair of any damage that makes the Vehicle unlawful or unsafe to
drive;
(g) damage due to installation or removal of non -manufacturer, after -mar-
ket or replacement parts;
(h) damage (including damage to the engine) due to failure to maintain
the Vehicle in accordance with Section 22; or
(i) tires with tread depth of less than 1/8" remaining at the shallowest
point, and/ortires that are not all ofthe same grade, quantity or qual-
ity as those delivered with the Vehicle.
If I fail to pay any excess wear and use or other lease end charges within thirty
days of the due date indicated on my end of lease bill, I will pay you interest on
the unpaid balance of these charges atthe rate of 18 percent per annum, if per-
mitted by law, or the maximum rate permitted, until paid in full.
I agree to pay state and local taxes that may be due on amounts owed for lease
end charges, including but not limited to excess wear and use.
ME2204 (10/08) (CA) Lessee initials Page 4 of 6
ADDITIONAL INFORMATION
36. Indemnification. I agree to indemnify, defend and hold you harmless from
all claims, liabilities, suits, losses, damages and expenses (including attorney's
fees and court costs) arising out of the condition, maintenance, use, ownership
or operation of the Vehicle, including claims made under the strict liability doc-
trine.
37. Refundable Security Deposit You may use some or all of my Security De-
posit to pay any amount I owe under this Lease at the end of my Lease Term or
upon early termination ofthe Lease. I will not earn any interest on mySecurity De-
posit. After I have paid all my obligations under this Lease, you will refund to me
any part of my Security Deposit that is not used to pay what I owe you.
38. Assignment. You may assign your interests under this Lease without my con-
sent.l MAY NOT TRANSFER OR SUBLEASE THIS VEHICLE TO ATHIRD PARTY OR AS-
SIGN THE LEASE OR ANY RIGHTS UNDER IT WITHOUT YOUR PRIOR
WRITTEN APPROVAL, WHICH YOU MAY WITHHOLD IN YOUR SOLE JUDGMENT.
39. Notices. All correspondence and notices will be sent tome at my Billing Ad-
dress shown on this Lease unless I give you a different address in writing.
40. Other Terms. Waiver. You may waive or delay enforcement of your rights
under this Lease without affecting your rights on future defaults. Severability.
Any part ofthis Lease that is not enforceable shall not affect the validity ofthe re-
mainder ofthis Lease. Joint Liability. If more than one Lessee signs this Lease,
each Lessee shall be jointly and severally liable for all obligations underthis Lease.
Choice of Law. Except as may otherwise be provided by law, this Lease will be
subject to the laws of the state where I sign it. In the event that both parties
agree not to arbitrate in accordance with Section 41 below, any dispute shall be
brought in a court located in the state of Lessor's place of business.
Entire Agreement, This Lease describes all agreements between us with respect
to the Lease ofthe Vehicle. All prior agreements, whether oral or in writing, are
superseded. Maintaining Payments. I may not change or stop any Monthly Pay-
ments for any reason, even if I do not receive an invoice, and even if the Vehicle
is stolen, destroyed, seized by the government or the court, experiences me-
chanical problems, ordoes notsatisfactorily perform. Lessee's Warranties. I rep-
resent that my driver's license and the driver's license of any authorized driver
has not been revoked or suspended within the last 5 years. I promise that I have
given a true Amount Owed for any vehicle traded in. If the correct Prior Creditor
Lease Balance is more than the amount shown in Section 4.B, I agree to pay you
the excess amount upon demand. Personal Property. Lessor shall not be re-
sponsible at anytime for any personal property in the Vehicle. Escheatment Iffor
any reason you need to escheat any of my funds to an unclaimed funds depart-
ment, you may retain such fee as is allowable per state law.
41. ARBITRATION CLAUSE
PLEASE REVIEW - IMPORTANT- AFFECTS MY LEGAL RIGHTS
NOTICE: Eitheryou or I may choose to have any dispute between us decided by
arbitration and not in a court or byjury trial. If a dispute is arbitrated, I will give
up my right to participate as a class representative or class member on any class
claim I may have againstyou including any right to class arbitration or any con-
solidation of individual arbitrations. Discovery and rights to appeal in arbitration
are generally more limited than in a lawsuit, and other rights you and I would
have in court may not be available in arbitration.
Any claim or dispute, whether in contract, tort, statute or otherwise (including
the interpretation and scope ofthis clause, and the arbitrabilityofthe claim or dis-
pute), between me and you or your employees, agents, successors or assigns,
which arise out of or relate to my credit application, lease, or condition of this Ve-
hicle, this Lease orany resulting transaction or relationship (including any such re-
lationship with third parties who do not sign this Lease) shall, atyour or my elec-
tion, be resolved by neutral, binding arbitration and not by a court action. Any
claim or dispute is to be arbitrated by a single arbitrator on an individual basis
and not as a class action or other mass action. I expressly waive any right I may
have to arbitrate a class action. I may choose the following arbitration organiza-
tion and its applicable rules: the National Arbitration Forum, Box 50191, Min-
neapolis, MN 55405-0191 (www.adrforum.com), or any organization that I may
choose subject to yourapproval. I may get a copy of the rules of these organiza-
tions by contacting the arbitration organization or visiting its website.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to
the applicable rules. The arbitrator shall apply governing substantive law in mak-
ing an award. The arbitration hearing shall be conducted in the federal district in
which 1 reside unless the Lessor is a party to the claim or dispute, in which case
the hearing will be held in the federal districtwhere this Lease was executed. The
arbitrator shall be empowered as permitted under the Rules of the National Ar-
bitration Forum to award equitable relief as well as legal relief, to provide all tem-
porary and/or provisional remedies and to enter equitable orders that will be
binding upon the parties. Any award or dispositive order of the arbitrator may be
entered as a judgment in any court having jurisdiction. We agree that eitheryou
or I may, without objection, request an expedited hearing under the applicable
rules.
You will advance my filing, administration, service or case management fee and
my arbitrator or hearing fee all up to a maximum of $1500, which may be reim-
bursed by decision of the arbitrator at the arbitrator's discretion. Each party shall
be responsible for its own attorney, expert and otherfees, unless awarded by the
arbitrator under applicable law. Ifthe chosen arbitration organization's rules con-
flict with this clause, then the provisions of this clause shall control. The arbitra-
tor's award shall be final and binding on all parties, except that in the event the
arbitrator's award for a party is $0 or against a party is in excess of $100,000, or
includes an award of injunctive relief against a party, that party may request a
new arbitration under the rules of the arbitration organization by a three -arbi-
trator panel. The appealing party requesting new arbitration shall be responsible
for the filing fee and other arbitration costs subject to a final determination by
the arbitrators of a fair apportionment of costs. Any arbitration under this Arbi-
tration Clause shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et.
seq.) and not by any state law concerning arbitration; however, the governing
law as to the substantive issues of the Lease and Vehicle shall be the law of the
state in which this Lease was executed.
You and I may retain any rights to self-help remedies, such as repossession. Nei-
theryou nor I waive the rightto arbitrate by using self-help remedies orfiling suit.
Any court having jurisdiction may enter judgment on the arbitrator's award. This
clause shall survive any termination, payoff or transfer of this Lease. If any part of
this Arbitration Clause, other than waivers of class action rights, is deemed or
found to be unenforceable for any reason, the remainder shall remain enforce-
able.
Notwithstanding any other provision for notice contained in the Lease, any arbi-
tration claim or other notice provided under the rules of the arbitration adminis-
trator will be given to you at the following address: If my claim is against the
Lessor, I agree that notice of my claim will be given to the Lessor at the address
specified in Section 1 of this Lease. If my claim is against the Assignee (desig-
nated in Section 2 of this Lease), I agree that notice of my claim will be given at
5550 Britton Parkway, Hilliard, OH 43026. If my claim is against both Lessor and
Assignee, I agree that both Lessor and Assignee will be notified of my claim at
the addresses indicated herein.
[signature page follows]
ME2204 (10/08) (CA) Lessee initials Page 5 of 6
LESSEE NOTICES AND SIGNATURES
In this section, I am referred to as "You".
You have the right to return the Vehicle, and receive a refund of any payment made, if the credit application is not approved, unless nonapproval re-
sults from an incomplete application orfrom incorrect information provided by you.
THERE IS NO COOLING OFF PERIOD. California law does not provide for a "cooling off" or other cancellation period for vehicle leases. Therefore, you
cannot later cancel this Lease simply because you changge your mind decide the Vehicle costs too much, or wish you had acquired a different vehicle.
You may cancel this Lease only with the agreement of the Lessor or{or legal cause, such as fraud.
NOTICE TO LESSEE: (1) Do not sign this Lease before you read it or if it contains any blank spaces to be filled in; (2) You are entitled to a completely
filled in copy of this Lease; (3) Warning —Unless a charge is included in this lease for public liability or property damage insurance, payment for that
coverage is not provided by this Lease.
By signing below, you acknowledge that you have read the front and back ofthis Lease, and that you have received a completely filled in copy of this
Lease.
By (Print Name & Title if Corporation)
GUARANTY
X
Lessee
By (Print Name & Title if Corporation)
(jointly and severally guarantee paymentand performance of all promises contained in this Lease. Upon default, Lessor mayproceed immediately against me withoutfirst
proceeding against the Lessee. My liability will be unconditional and will not be affected by any settlement, extension, renewal or modification of this Lease whether or
not by operation of law. I waive all right to notices of every kind, including rights to demand and presentment. I agree to payall expenses (including reasonable attorney's
fees and legal expenses) you incur if you have to enforce this Guaranty.
Guarantor's Signature: X Guarantor's Signature: X
Name
Address
LESSOR'SACCEPTANCEANDASSIGNIdE R5. wd�lili�
By signing below, Lessor (1) accepts the terms, conditions and obligations of this Lease and (2) assigns all right, title and interest in the Vehicle and this Lease to
the Assignee listed in Section 2 above. This Lease, including all amounts to become due under it, and any guaranty, are subjectto the provisions of the CenterAgree-
ment between Lessor and MINI FS.
Lessor Name
Signature of Authorized Representative
ME2204 00108) (CA) Page 6 of 6
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
Agenda # 6-4(i )
Meeting Date: June 16, 2009
AGENDA REPORT
VIA: James DeStefano, City Ma
TITLE: JOINT RESOLUTION OF THE OARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES, AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY
TAX REVENUE RESULTING FROM THE ANNEXATION OF TERRITORY KNOWN AS
ANNEXATION 2007-20 TO THE CITY OF DIAMOND BAR, WITHDRAWAL OF
COUNTY LIGHTING MAINTENANCE DISTRICT 1687, DETACHMENT FROM
COUNTY ROAD DISTRICT NO. 4 AND ROAD DISTRICT NO. 5, AND ANNEXATION
TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006
RECOMMENDATION:
Approve.
FISCAL IMPACT:
The City of Diamond Bar will receive a minimum of $51,093 in annual property taxes from the
Crestline Drive/Diamond Canyon Area as part of the property tax exchange with the County of Los
Angeles.
BACKGROUND:
On June 26, 2007, the City of Diamond Bar filed an annexation application with the Los Angeles
County Local Area Formation Commission (LAFCO) for the annexation of the Crestline
Drive/Diamond Canyon area (Annexation 2007-20) into the City. Since then, several community
meetings have been hosted by City staff to communicate with the residents in the proposed
annexation area. In addition, the County of Los Angeles conducted a mail -in election in which the
residents approved withdrawing from County Unincorporated Lighting Maintenance District 1687 and
being annexed into County Lighting Maintenance District 10006, which serves the City of Diamond
Bar and is administered and maintained by Los Angeles County.
The next step in the annexation process requires the Diamond Bar City Council and County of Los
Angeles Board of Supervisors to adopt the attached Joint Resolution. This resolution will formalize a
property tax sharing agreement between the City and County, ensuring that adequate revenue will be
provided to the City and County to pay for their respective maintenance obligations. The resolution
will also detach the Crestline annexation area from County Road District's No. 4 and No. 5. Upon
annexation, the City will assume responsibility for road maintenance in this area. Also in the future,
the City will conduct the appropriate process to add these properties into the City's Lighting and
Landscaping District 38.
Under the agreement, the City will receive $51,093 in annual property taxes from the Crestline
Drive/Diamond Canyon Area annexation. The City's property tax revenue will also increase over time
by a growth rate of 5.16%, which means that any incremental growth in assessed value of the
properties in the area will provide additional revenue to the City. The resolution applies only to
current property tax rates and will not increase resident assessments.
Once the Joint Resolution is adopted by the City, it will go before the County Board of Supervisors for
approval. After joint approval, the City's Crestline Annexation Application will be forwarded to
LAFCO to complete the final steps of the annexation process, which will include a public hearing and
subsequent protest hearing. A public vote on the annexation will only be required if there is a majority
written protest to the proposed annexation.
Prepared by:
Anthony Sa os
Management Analyst
Reviewed by:
Greg Gubman AICP
Acting Community Development Director
Attachment:
1. Joint Resolution of the Board of Supervisors and the City of Diamond Bar.
JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY
OF LOS ANGELES, AND THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, APPROVING AND ACCEPTING THE NEGOTIATED
EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM THE
ANNEXATION OF TERRITORY KNOWN AS ANNEXATION 2007- 20 TO THE
CITY OF DIAMOND BAR, WITHDRAWAL OF COUNTY LIGHTING
MAINTENANCE DISTRICT 1687, DETACHMENT FROM COUNTY
ROAD DISTRICT NO.4 AND COUNTY ROAD DISTRICT NO. 5, AND
ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006
WHEREAS, the City of Diamond Bar initiated proceedings with the
Local Agency Formation Commission of Los Angeles County (LAFCO) for the
annexation of territory identified as Annexation 2007-20 into the City of Diamond
Bar; and
WHEREAS, pursuant to Section 99 of the Revenue and Taxation Code, for
specified jurisdictional changes, the governing bodies of affected agencies shall
negotiate and determine the amount of property tax revenue to be exchanged
between the affected agencies; and
WHEREAS, the area proposed for annexation is identified as Annexation
2007-20 and consists of approximately 106 acres of unincorporated territory located
in Rowland Heights. The area is generally bounded by Brea Canyon Road to the
north, Diamond Bar Canyon to the east, and the Orange Freeway (57) to the east
and south; and
WHEREAS, the area is located within the boundaries of County Lighting
Maintenance District 1687; and
WHEREAS, upon LAFCO's approval of Annexation No. 2007-20, the territory
shall be withdrawn from County Lighting Maintenance District 1687 and annexed to
County Lighting Maintenance District 10006, which serves the City of Diamond Bar;
and
WHEREAS, the Board of Supervisors of the County of Los Angeles, as
governing body of the County and the County of Los Angeles Road Maintenance
Districts No. 4 and No. 5, and County Lighting Maintenance Districts 1687 and
10006, and the City Council of the City of Diamond Bar, have determined
the amount of property tax revenue to be exchanged between their respective
agencies as a result of the annexation of the unincorporated territory identified as
Annexation 2007-20 to the City of Diamond Bar, detachment from County Road
Districts No. 4 and No. 5, withdrawal from County Lighting Maintenance
District 1687, and annexation to County Lighting Maintenance District 10006, is as
set forth below:
Joint Resolution
City of Diamond Bar — Annexation 2007-20
Page 2 of 4
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The negotiated exchange of property tax revenue between the County of
Los Angeles and the City of Diamond Bar, resulting from Annexation 2007-20 is
approved and accepted.
2. For fiscal year commencing on or after July 1, 2010, or the July 1 after
the effective date of this jurisdictional change, whichever is later, the tax -sharing
ratio of .01195128 from County Lighting Maintenance District 1687, attributable to
Annexation 2007-20, shall be transferred to County Lighting Maintenance District
10006.
3. For fiscal years commencing on or after July 1, 2010, or the July 1
after the effective date of this jurisdictional change, whichever is later, property tax
revenue received by County Road Districts No. 4 and No. 5, attributable to
Annexation 2007-20, shall be transferred to the County of Los Angeles.
4. For fiscal years commencing on or after July 1, 2010, or the July 1
after the effective date of this jurisdictional change, whichever is later,
Fifty One Thousand and Ninety Three Dollars ($51,093) in property tax revenue
shall be transferred from the County of Los Angeles to the City of Diamond Bar.
In addition, for each fiscal year commencing on or after July 1, 2009 or the July 1
after the effective date of this jurisdictional change, whichever is later, .051566969 of
the annual property tax growth attributable to Annexation 2007-20 shall be
transferred from the County of Los Angeles to the City of Diamond Bar, and the
County's share of incremental growth in the proposed annexation area shall be
reduced accordingly.
5. In the event that all or a portion of the annexation area is included
within a redevelopment project pursuant to California Community Redevelopment
Law, Health & Safety Code Sections 33000 et seq., the City of Diamond Bar
shall not adopt the ordinance approving the redevelopment plan with respect
to the annexed area until such time as the Redevelopment Agency of the
City of Diamond Bar has diligently and in good faith complied with all applicable
provisions of the California Community Redevelopment Law, including but not
limited to, Health & Safety Code Section 33670 or any other relevant provision of the
law. Any ordinance approving a redevelopment project which does not comply with
this paragraph shall be void and of no effect with regard to the subsequent allocation
and distribution of taxes to the Redevelopment Agency.
Joint Resolution
City of Diamond Bar — Annexation 2007-20
Page 3 of 4
PASSED, APPROVED AND ADOPTED
, 2009 by the following vote:
AYES: ABSENT:
NOES: ABSTAIN:
ATTEST:
TOMMYE CRIBBINS, City Clerk
City of Diamond Bar
this day of
RON EVERETT, Mayor
City of Diamond Bar, California
APPROVED AS TO FORM:
MICHAEL JENKINS, City Attorney
City of Diamond Bar
(SIGNEb IN COUNTERPART)
Joint Resolution
City of Diamond Bar — Annexation 2007-20
Page 4 of 4
The foregoing resolution was on the day of , 2009, adopted
by the Board of Supervisors of the County of Los Angeles and ex officio the
governing body of all other special assessment and taxing districts, agencies and
authorities for which said Board so acts.
APPROVED AS TO FORM:
ROBERT E. KALUNIAN
Acting County Counsel
BY
Deputy
SACHI A. HAMAI, Executive Officer
Clerk of the Board of Supervisors
Of the County of Los Angeles
By
(SIGNED IN COUNTERPART)
Deputy
CITY COUNCIL
Agenda # 6.5 (a)
Meeting Date: 6/16/09
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Mang
TITLE: APPROVAL OF AMENDMENT #5 O EXTEND THE VENDOR SERVICES CONTRACT
WITH D.H. MAINTENANCE SERVICES FOR THE TERM OF JULY 1, 2009 THROUGH
JUNE 30, 2011 TO PROVIDE JANITORIAL AND BUILDING MAINTENANCE SERVICES
AT THE DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER AND
PANTERA PARK ACTIVITY ROOM IN THE AMOUNT OF $155,832 EACH FISCAL
YEAR, AND AS -NEEDED WORK IN THE AMOUNT OF $75,000 EACH FISCAL YEAR
FOR A TOTAL AUTHORIZATION NOT TO EXCEED $230,832 EACH FISCAL YEAR,
FOR A TOTAL TWO YEAR AUTHORIZATION OF $461,664.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Approval of this contract amendment will authorize staff to expend up to
$230,832 for Janitorial and Building Maintenance Services during
the 2009/10 fiscal year. Funds are included in the adopted 2009/10 FY
budget. Funding for the 2010/11 fiscal year is pending the adoption of the
2010/11 FY budget next year.
BACKGROUND: D.H. Maintenance Services has provided janitorial services at the Diamond Bar
Center since it opened in March, 2004. They have been providing service at Heritage and Pantera park
buildings since August, 2004. Staff believes they are doing an excellent job providing these services.
Section 21 of the contract states that the contract can be extended on an annual basis, if an extension is
deemed to be in the best interest of the City. D.H. Maintenance is offering to extend the contract for two
years at the same amount as the current contract for each year. Staff recommends that the City Council
approve the extension of the contract.
DISCUSSION:
Planned contract services each fiscal year for D.H. Maintenance Services:
1. Regular monthly Service for Diamond Bar Center — 12 mos. @ $2,407.83 per mo. _ $28,894
(Includes High Cleaning)
2. Building Maintenance staffing at Diamond Bar Center seven days per week = $118,116
($9,843 per mo. for 4 staff @ 40 hrs/wk)
3. Regular monthly Service for Heritage Park Com Center — 12 mos. @ $481.67 per mo. _ $5,780
(Service seven days per week)
4. Regular monthly Service for Pantera Act Room —12 mos. @ $253.50 per mo. $3,042
(Service five days per week)
Sub -Total: $155,832
5. Staff assistance as requested by City staff for events and activities @ $14.00 per hr = $75,000
GRAND TOTAL FOR EACH FISCAL YEAR NOT -TO -EXCEED $230,832
PREPARE ND REVIEWED BY:
B e
Director of Community Services
Attachments: Amendment #5 dated 6/16/09 for term of 7/1/09 — 6/30/11
Exhibit "C" -- Cost Calculation details
AMENDMENT #5 TO VENDOR SERVICES CONTRACT
THIS CONTRACT AMENDMENT is made this 16th day of June, 2009 by and between the CITY OF
DIAMOND BAR, a municipal corporation of the State of California ("CITY") and D.H. MAINTENANCE
SERVICES ("CONTRACTOR")
Recitals:
a. CITY awarded a vendor services contract to CONTRACTOR for Janitorial and Building
Maintenance Services on June 21, 2005 in the amount of $175,194 for the period of July 1,
2005 — June 30, 2006 (AGREEMENT).
b. Amendment #1 was approved on February 21, 2006 increasing the as -needed work
amount by $50,000 for a total 05/06 FY authorization of $225,194.
C. Amendment #2 was approved on June 20, 2006 to extend the term for the period of July 1,
2006 through June 30, 2007 and to increase the 06/07 FY authorization to $225,750.
d. Amendment #3 was approved on June 19, 2007 to extend the term for the period of July 1,
2007 through June 30, 2008 and to increase the 07/08 FY authorization to $230,832.
e. Amendment #4 was approved on June 3, 2008 to extend the term for the period of July 1,
2008 through June 30, 2009 and to approve the 08109 FY authorization of $230,832.
Parties desire to amend the AGREEMENT to extend the term for the period of July 1, 2009
through June 30, 2011 in the amount of $230,832 for each fiscal year, for a total two-year
authorization of $461,664.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 - Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT
from July 1, 2009 through June 30, 2011.
Section 2 -- Compensation provided for in Section 3 of Agreement is amended to a not to exceed
amount of $230,832 for the 09/10 FY, and $230,832 for the 10/11 FY for a total
two year authorization of $461,664.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #5 TO AGREEMENT on
the date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
Signed
Ron Everett
Title: Mayor
APPROVED TO FORM
City Attorney
D.H. MAINTENANCE SERVICES
Contractor
Signed
Title
City Clerk
EXHIBIT "C"
6/16/09
JANITORIAL SERVICES FOR
CITY OF DIAMOND BAR PUBLIC BUILDINGS
CONTRACT COST CALCULATION
FOR
CONTRACT PERIOD
OF
JULY 1, 20098 THROUGH JUNE 30, 2011
Planned contract services each fiscal year for D. H. Maintenance Services:
1. Regular monthly Service for Diamond Bar Center — 12 mos. @ $2,407.83 per mo. _
(Includes High Cleaning)
2. Building Maintenance staffing at Diamond Bar Center seven days per week
($9,843 per mo. for 4 staff @ 40 hrs/wk)
$118,116
3. Regular monthly Service for Heritage Park Com Center —12 mos. @ $481.67 per mo. _ $5,780
(Service seven days per week)
4. Regular monthly Service for Pantera Act Room —12 mos. @ $253.50 per mo. $3,042
(Service five days per week)
Sub -Total: $155,832
5. Staff assistance as requested by City staff for events and activities @ $14.00 per hr = $75,000
GRAND TOTAL FOR EACH FISCAL YEAR NOT -TO -EXCEED
Cost of Two Year Contract:
2009/10 FY $230,832
2010/11 FY $230,832
TWO YEAR AUTHORIZATION NOT -TO EXCEED $461,664
$230,832
CITY COUNCIL
Agenda # 6.5 (b)
Meeting Date: 6/16/09
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man*WT:Ur,
TITLE: APPROVAL OF AMENDMETO CONTRACT WITH WEST COAST ARBORISTS
FOR CITY-WIDE TREE MAINTENANCE AND WATERING SERVICES IN THE CITY
OF DIAMOND BAR FOR THE 2009/10 AND 2010/11 FISCAL YEARS IN THE
AMOUNT EACH YEAR NOT TO EXCEED $177,800, FOR A TOTAL AUTHORIZATION
OF $355,600 FOR THE TWO YEAR CONTRACT EXTENSION.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Approval of this contract amendment will authorize staff to expend up to
$177,800 for City -Wide Tree Maintenance and Watering Services during
the 2009/10 fiscal year. Funds are included in the adopted 2009/10 FY
budget. Funding for the 2010/11 fiscal year is pending the adoption of the
2010111 FY budget next year.
BACKGROUND: On July 5, 2005, the City Council awarded a contract to West Coast Arborists for
city-wide tree maintenance services in the amount of $150,000 for the 2005/06 fiscal year. It has
been extended annually since, and on June 3, 2008, the City Council extended the contract for the
period of July 1, 2008 through June 30, 2009 in the amount of $177,800. This extension included a
quantity of trees that accomplished a five-year trimming cycle for all City trees. The budget adopted
for the 2009/10 FY also includes a five-year trimming cycle, as does the amount for the 20010/11 FY.
There is no CPI increase proposed in this two-year contract extension.
DISCUSSION: The Tree Maintenance Services contract includes the following services in Diamond
Bar: tree -trimming, tree planting, tree and stump removal, emergency work and watering of trees
along the major arterials not serviced by automatic irrigation systems. Contract also provides an
automatic up -date to the computerized tree inventory as services are performed. Services are
provided in the following areas of the City: along the major boulevards, medians and parkways,
residential neighborhoods, lighting and landscape maintenance districts and City Parks. West Coast
Arborists has provided tree maintenance services in Diamond Bar for the past 20 years and staff
believes they have done an excellent job. This contract extension is for two years.
Attachment:
Amendment #5 to
(two years).
Tree Maintenance Services Contract for the period of July 1, 2009 — June 30, 2011
PREPARED AND REVIEWED BY:
Bob Ndsb
Community Services Director
AMENDMENT #5 TO CONTRACT AGREEMENT
THIS CONTRACT AMENDMENT is made this 16th day of June, 2009 by and between the CITY OF
DIAMOND BAR, a municipal corporation of the State of California ("CITY') and WESTCOAST ARBORISTS,
INC, ("CONTRACTOR")
Recitals:
a. CITY awarded a contract to CONTRACTOR for City-wide Tree Maintenance Services on July 5,
2005 in the amount of $150,000 for the period of July 1, 2005 — June 30, 2006.
b. Amendment #1 was approved on February 21, 2006 to increase tree maintenance services to
the amount of $235,125.
C. Amendment #2 was approved on June 20, 2006 to extend the contract for the period of July 1,
2006 — June 30, 2007 in the amount of $230,000.
d. Amendment #3 was approved on May 1, 2007 to extend the term from July 1, 2007 through
June 30, 2008 in the amount not to exceed $238,050
e. Amendment #4 was approved on June 3, 2008 to extend the term from July 1, 2008 through
June 30, 2009 in the amount not to exceed $177,800.
Parties desire to amend the contract to extend the term from July 1, 2009 through June 30,
2011 at the contract amount not to exceed $177,800 for each fiscal year, for a total two year
authorization of $355,600.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Term of the AGREEMENT provided in Section 3 is amended to extend the term from July
1, 2009 through June 30, 2011.
Section 2 — Contract price of AGREEMENT provided in Section 11 is amended to a not to exceed
amount of $177,800 for the 09/10 FY, and $177,800 for the 10/11 FY for a total two year authorization
of $355,600.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #5 TO CONTRACT
AGREEMENT on the date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
Signed
Ron Everett
Title: Mayor
APPROVED TO FORM
City Attorney
Signed
Title
WESTCOAST ARBORISTS, INC.
Contractor
City Clerk
CITY COUNCIL
Agenda #
Meeting Date: 06/16/09
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man g
TITLE: AMENDMENT #9 TO CONTRAC�WITH EXCEL LANDSCAPE FOR LANDSCAPE
MAINTENANCE SERVICES AT LIGHTING AND LANDSCAPE MAINTENANCE
DISTRICTS #38, #39, AND #41 FOR THE 2009/10 FISCAL YEAR IN THE AMOUNT
OF $328,355; PLUS A CONTINGENCY AMOUNT OF $34,000 FOR AS -NEEDED
WORK, FOR A TOTAL AUTHORIZATION OF $362,355.
Recommendation: Approve.
Financial Impact: Funds for this contract are included in the 2009/10 FY budget.
Background: On July 1, 2002, the City Council awarded a contract to Excel Landscape for landscape
maintenance services at nine (9) specific locations in Diamond Bar for an amount not to exceed
$24,000 for the 2002/03 fiscal year. During the next six years, the contract term was extended and
maintenance service locations were added. The most recent contract extension was for the term of
July 1, 2008 through June 30, 2009 and the contract amount was increased to $302,195. Parties
desire to extend the contract for another year, to add three new service locations and to increase the
contract amount to $328,355. Section 14 of the agreement with Excel Landscape authorizes the City
Council to extend the term of the agreement.
Discussion: Staff is seeking to extend the contract with Excel Landscape for the period of July 1,
2009 through June 30, 2010 for a contract amount of $328,355. Staff is also seeking approval for a
$34,000 contingency for a total authorization amount not to exceed $336,195.
The areas that are included in this contract for the period of July 1, 2008 through June 30, 2009 to be
maintained by Excel Landscape are:
Lighting and Landscape Maintenance District #38
Lighting and Landscape Maintenance District #39
Lighting and Landscape Maintenance District #41
The three (3) new areas that are added to this contract and their 12 -month prices are:
1. ACE Project area for 12 months (Brea Canyon Rd. at Washington) $11,760.00
2. Slope maintenance for 12 months (Gold Rush at Diamond Bar Blvd) $4,080.00
3. Medians maintenance for 12 months (Sunset Crossing 1 Prospectors) $10,320.00
Total additional cost $26,160.00
Attachment: Amendment #9 dated June 16, 2009.
PREPAREDAND REVIEWED BY:
Bob Irbsp
Community Services Director
AMENDMENT #9 TO CONTRACT AGREEMENT
THIS CONTRACT AMENDMENT is made this 16th day of June, 2009 by and between the CITY OF DIAMOND BAR, a
municipal corporation of the State of California ("CITY") and EXCEL LANDSCAPE, ("CONTRACTOR")
Recitals:
a. CONTRACTOR entered into a 12 month AGREEMENT with CITY effective July 1, 2002 ("the
AGREEMENT') for Landscape Maintenance at locations listed in Exhibit A.
The CITY has regularly extended the contract term with CONTRACTOR, most recently for the
period of July 1, 2008 through June 30, 2009 in the lump sum amount of $302,195,00.
C. Parties desire to amend the AGREEMENT to extend the term for the period of July 1, 2009 through
June 30, 2010, to add three (3) new areas to the Scope of Work, and to increase the contract amount to
$328,355.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Scope of Work provided in Section 1 of the agreement is amended to add three new areas: 1. Slope
and parkway on south side of Gold Rush east of Diamond Bar Blvd. 2. ACE project area at Brea Canyon Road and
Washington. 3. Landscaped medians on Sunset Crossing Road and Prospectors Road.
Section 2 — Term of the AGREEMENT provided in Section 3 is amended to extend the term from July 1, 2009
through June 30, 2010.
Section 3 -- Contract price of AGREEMENT provided in Section 11 is amended by increasing the price to a not to
exceed amount of $328,355 for the 09/10 FY, as detailed in Exhibit A.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #9 TO AGREEMENT on the date and year
first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
Signed
Ron Everett
Title: Mayor
APPROVED TO FORM:
City Attorney
EXCELLANDSCAPE
Contractor
Signed
Title
City Clerk
Exhibit A
Excel Landscape
Landscape Maintenance Locations per
District maps provided in the City-wide Landscape Maintenance Specifications,
as amended on 6/2/09
Break-out Per District for 2009/10 FY:
2009/10 Contract Amounts
1. Lighting and Landscape Maintenance District #38: 08/09 FY Excel $113,137.00
A. ACE Project area for 12 months (Brea Canyon Rd. at Washington) $11,760.00
B. Slope maintenance for 12 months (Gold Rush at Diamond Bar Blvd) $4,080.00
C. Medians maintenance for 12 months (Sunset Crossing / Prospectors) $10,320.00
$139,297.00
2. Lighting and Landscape Maintenance District #39: Excel $139,331.63
3. Lighting and Landscape Maintenance District #41: Excel $49,726.37
2009/10 Contract Amount for items 1 thru 3 above: $328,355.00
CITY COUNCIL
Agenda # 6.5 t d )
Meeting Date: 6/16/09
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mang le
TITLE: AUTHORIZATION TO EXCEED THE CITY MANAGER'S PURCHASING AUTHORITY
OF $25,000 TO EXTEND VENDOR SERVICES FOR SENIOR AND ADULT
EXCURSIONS PROVIDED BY INLAND EMPIRE STAGES LIMITED, IN AN AMOUNT
NOT -TO -EXCEED $50,000 FOR THE 2009/10 FISCAL YEAR.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Funds for these services are included in the General Fund and Proposition
A (Transportation) Fund of the 2009/10 fiscal year budget. General Fund costs are recovered by the
City through fees collected from program participants.
BACKGROUND/DISCUSSION: Inland Empire Stages Limited provides excursion services for
seniors and adults throughout the year. This includes the coordination of transportation on a luxury
bus, entrance tickets and lunch or dinner for participants. Although each bus excursion conducted by
the City of Diamond Bar is bid separately to several companies, Inland Empire Stages Limited has
consistently been the low bidder on most trips for the past eight years. Staff expects this bidding
pattern to continue in the 2009/10 Fiscal Year. City staff and trip participants report that even with the
low prices, Inland Empire Stages Limited continues to be extremely professional, and is very
responsive in fulfilling the needs of the City and its participants.
Per the City's Purchasing Ordinance, an award for services to a single vendor in a fiscal year shall
not exceed the City Manager's purchasing authority of $25,000 without prior approval from the City
Council. Staff anticipates expenditures of $40,000 for senior excursions and $10,000 for adult
excursions for the 2009/10 fiscal year, for a total estimated expenditure of $50,000.
PREPARED BY: Christy Murphey, Recreation Supervisor
REVit E B
/r
a'
Bob e
Community Services Director
CITY COUNCIL
Agenda # 6.5(e)
Meeting Date: 6/16/09
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma a
TITLE: APPROVAL OF AMENDMENT # TO AGREEMENT WITH AND 1 OFFICIALS TO EXTEND
THE CONTRACT PERIOD TO JULY 1, 2009 THROUGH JUNE 30, 2010 IN THE AMOUNT
NOT -TO -EXCEED $35,000.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Costs for these services are included in the General Fund of the 2009/10 fiscal year
budget and through official fees. General Fund costs are recovered by the City through fees collected from
program participants and team registrations and official fees are recovered by fees charged to teams at each
game.
BACKGROUND: The City Council awarded a contract to And 1 Officials on July 1, 2008 to provide
basketball officials for our year round adult basketball program and our winter youth basketball league.
Section 2 of the contract allows the City Council to extend the contract on an annual basis if doing so is
deemed to be in the best interest of the City. Staff is seeking City Council approval to extend the contract for
the period of July 1, 2009 through June 30, 2010 in the amount not -to -exceed $35,000.
DISCUSSION: City Recreation staff estimates a total of 720 participants in our year round adult basketball
program and 400 participants in our winter youth basketball league. And 1 Official has consistently provided
quality officiating during the term of this contract. And 1 Officials is extremely professional and is very
responsive in fulfilling the needs of the City.
PREPARED BY: Christy Murphey, Recreation Supervisor
zse
Community Services Director
Attachment: Amendment #1
AMENDMENT #1 TO AGREEMENT
THIS AMENDMENT #1 TO SPORTS OFFICIALS SERVICE AGREEMENT is made this 16`h day of June, 2009 by and
between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and AND 1
OFFICIALS ("CONTRACTOR").
Recitals:
a. CONTRACTOR entered into a 12 month AGREEMENT with CITY July 1, 2008 ("the AGREEMENT")
to provide CIF Certified Basketball Officials for City programs.
b. Parties desire to amend the AGREEMENT to extend the term for an additional 12 months.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT
from July 1, 2009 through June 30, 2010.
Section 2 — Compensation provided in Section 3 of the AGREEMENT shall remain the amount not to
exceed $35,000.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO AGREEMENT on the date and
year first written above.
ATTEST:
CITY OF DIAMOND BAR AND 1 OFFICIALS
A Municipal Corporation
Of the State of California Contractor
Signed
Ron Everett
Mayor
APPROVED TO FORM
City Attorney
Signed
Title
City Clerk
Jun 11 2009 1:10PM HP LASERJET FRX
Jun 11 09 01:23P Cameron Patten 760-949-2104 P.1
Jun 09 2009 2:05PM HP LASERJET FAX P,2
AMENDMENT #1 TO AGREEMENT
THIS AMM4D 1 WT #17'0 SPORTS OFFICIALS SERVICE AG iT is Made tris 16* dry of Jms. 2004 by and
betwam the CITY 07 MUDND MAR. it mu nirspal eorpozasion of the State of CAlA uia C=1"in and AND I
0MCiAU {" CONTBACTOW).
Reoftla
a, CONTRAC7M who d uft a 12 awa h AGREBbCWr with CITY July 1, 2008 (04be AGREENONr)
to provide CIF C liW Badw6all O$iClais for C* pr ogrmos.
b. Patties desire so amend the AGREEMENT to extend the Zana for an additiaaal 12 months.
Naw. t#1eav1'w tha pa t6a agree to emend the AGREB?A33VT as follmm
Section 1— Tam oftho ASN ENT provided in Section 2 is revised to extMd the ACRE M MENT
from July 1. 2009 through Jtme 30, 2010.
Section 2 — CompemW ion pmvided in Secdw 3 of Oso AGREMENT shall reanain the amows not to
emeaed $35,000.
r=agA an pamided above, the AG1REEMEWT is in all otter respects is foil Emco said sff=L
IN WiTNESB YADWSOF, the patties hw= have ax xnM d thts AM24D ENT 01 TO AGREBBIE TC on to dwe sad
yearMstwziMat above.
ATTEST:
CITY OF DIAMOND SAX
Of Ike State
Signori
Rea Bvere t
Mayor
APPROVED TO FORM
AND 1 OMCLU S
Contractor
Sigh
Tick
City Attomsy City Cleric
F.I
CITY COUNCIL
Agenda # 6.5 (f )
Meeting Date: 6/96/09
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma(a'
TITLE: APPROVAL OF AMENDMENT # I, TO AGREEMENT WITH TENNIS ANYONE TO
EXTEND THE CONTRACT PERIOD TO JULY 1, 2009 THROUGH JUNE 30, 2010 IN
THE AMOUNT OF $65,000.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Funds to pay for this contract come from revenue collected from participants
who take tennis instruction classes in the City's Recreation Program. Total estimated revenue for the
2009/2010 Fiscal Year from tennis instruction is $95,000. From this amount, $65,000 is paid to the
contractor and $30,000 is retained by the City.
BACKGROUND: The City Council awarded a contract to Tennis Anyone on July 1, 2008 to provide
tennis classes in Diamond Bar for the period of July 1, 2008 through June 30, 2009 in the amount of
$65,000. Section 2 of the contract allows the City Council to extend the contract on an annual basis if
doing so is deemed to be in the best interest of the City. Staff is seeking City Council approval to
extend the contract for the period of July 1, 2009 through June 30, 2010 in the amount of $65,000.
DISCUSSION: City Recreation staff estimates a total of 900 participants will take lessons from
Tennis Anyone during the 2009/2010 Fiscal Year. Tennis Anyone has consistently provided quality
tennis instruction to the residents of Diamond Bar during the term of this contract.
PREPARED BY: Christy Murphey, Recreation Supervisor
REV E B
Bo o e`
Community Services Director
Attachment: Amendment #1 to Tennis Instruction Service Agreement
AMENDMENT #1 TO TENNIS INSTRUCTION SERVICE AGREEMENT
THIS AMENDMENT #1 TO TENNIS INSTRUCTION SERVICE AGREEMENT is made this 16th day
of June, 2009 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of
California ("CITY") and TENNIS ANYONE (CONTRACTOR).
Recitals:
a. CONTRACTOR entered into a 12 month AGREEMENT with CITY effective JULY 1,
2008 ("the AGREEMENT') for recreational tennis instruction.
b. Parties desire to amend the AGREEMENT to extend the term for an additional 12
months.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the
AGREEMENT from July 1, 2009 through June 30, 2010.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO AGREEMENT
on the date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
TENNIS ANYONE
Contractor
Signed Signed
Ron Everett
Mayor
APPROVED TO FORM
City Attorney
Title
City Clerk
CITY COUNCIL
Agenda # 6.5 jg.
Meeting Date: 6-16-09
AGENDA REPORT
TO: Honorable Mayor and Members f the City Council
VIA: James DeStefano, City Mana er
TITLE: APPROVAL OF AMENDMENT #9 T XTEND THE VENDOR SERVICES
CONTRACT WITH VALLEYCREST LANDSCAPE MAINTENANCE FOR THE TERM
OF JULY 1, 2009 THROUGH JUNE 30, 2011 TO PROVIDE LANDSCAPE
MAINTENANCE SERVICES AT 9 CITY PARKS, THE GROUNDS OF THE DIAMOND
BAR CENTER, THE FOOTBALL FIELD AND SLOPE AT LORBEER MIDDLE
SCHOOL, AND THE TRAIL / TRAIL HEAD AT SYCAMORE CANYON PARK, IN THE
AMOUNT OF $362,995 EACH FISCAL YEAR, AND AS -NEEDED WORK IN THE
AMOUNT OF $50,000 EACH FISCAL YEAR FOR A TOTAL AUTHORIZATION NOT
TO EXCEED $412,995 EACH FISCAL YEAR, FOR A TWO YEAR AUTHORIZATION
OF $825,990.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Approval of this contract amendment will authorize staff to expend up to
$412,995 for Landscape Maintenance Services during the 2009/10 fiscal year.
Funds are included in the adopted 2009/10 FY budget. Funding for the 2010/11
fiscal year is pending the adoption of the 2010/11 FY budget next year.
BACKGROUND: The locations to be maintained by ValleyCrest Landscape Maintenance are:
1. Diamond Bar Center — 1600 S. Grand Ave.
2. Paul C. Grow Park — 23281 Forest Canyon Drive
3. Heritage Park — 2900 Brea Canyon Road
4. Lorbeer Middle School (Football Field and Slope on Golden Springs) — 501
5. Maple Hill Park — 1309 S. Maple Hill Road
6. Pantera Park — 738 Pantera Drive
7. Peterson Park — 24142 E. Sylvan Glen Drive
8. Ronald Reagan Park — 2201 Peaceful Hills Road
9. Starshine Park — 20839 Starshine Road
10. Summitridge Park — 1425 Summitridge Drive
11. Sycamore Canyon Park — 22930 Golden Springs Drive
12. Sycamore Canyon Trail & Trail Head
S. Diamond Bar Blvd.
Section 14 of the contract allows the City Council to extend the contract. ValleyCrest has agreed to a
two-year extension with no C.P.I. increase. Staff is recommending approval of the contract extension
for two years.
DISCUSSION: ValleyCrest Landscape Maintenance has maintained these areas for the past two
years. It has been staff's experience with ValleyCrest that they provide excellent and responsive
service, plus maintain a forward-looking philosophy that results in the ever increasing beauty of the
facilities they maintain. ValleyCrest has been providing landscape maintenance service at Peterson
and Pantera Parks since April, 2003. Summit Ridge Park and the Diamond Bar Center grounds were
added in October, 2004 and Lorbeer Middle School was added in July, 2006. Seven (7) additional
locations were added to ValleyCrest's contract for the 2007/08 FY: Paul C. Grow, Heritage, Maple
Hill, Ronald Reagan, Starshine, Sycamore Canyon, plus the Trail & Trail Head at Sycamore Canyon
Park. Staff believes their proven quality of service, work ethic and philosophy will continue to best
meet the needs of these facilities.
Additional work items in the $50,000 contingency include:
1. Improvements to middle field and as -needed work at Lorbeer Middle School -- $6,600
2. As -needed work at Summit Ridge Park / DBC -- $20,400
3. As -needed work at other City Parks -- $23,000
PREPAREDAND REVIEWED BY:
Community Services Director
Attachment: Amendment #9 to Landscape Maintenance Contract with ValleyCrest for the
period of July 1, 2009 through June 30, 2011.
AMENDMENT #9 TO CONTRACT AGREEMENT
r
THIS CONTRACT AMENDMENT is made this 16th day of June, 2009 by and between the CITY OF
DIAMOND BAR, a municipal corporation of the State of California ("CITY") and VALLEYCREST
LANDSCAPE MAINTENANCE, ("CONTRACTOR")
Recitals:
a. CITY awarded a contract to CONTRACTOR for Landscape Maintenance services at
locations listed in Exhibit A effective April 1, 2003.
b. The CITY has regularly extended its Landscape Maintenance Contract with
CONTRACTOR, most recently for the period of July 1, 2008 through June 30, 2009 in
the lump sum amount of $362,995.
C. Parties desire to amend the agreement to extend the term for the period of July 1, 2009
through June 30, 2011 in the amount of $362,995 for each fiscal year, for a total two
year authorization of $725,990.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the
AGREEMENT from July 1, 2009 through June 30, 2011.
Section 2 — Contract price of AGREEMENT provided in Section 11 will remain $362,995 for the
09/10 FY, and $362,995 for the 10/11 FY for a total two year authorization of $725,990.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #9 TO AGREEMENT
on the date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
Signed
Ron Everett
Title: Mayor
APPROVED TO FORM
City Attorney
VALLEYCREST LANDSCAPE MAINTENANCE
Contractor
Signed
Title
City Clerk
Exhibit A
VALLEYCREST LANDSCAPE MAINTENANCE
Facility Maintenance Locations
(7/1/09 — 6/30/11)
1. Diamond Bar Center — 1600 S. Grand Ave.
2. Paul C. Grow Park — 23281 Forest Canyon Drive
3. Heritage Park — 2900 Brea Canyon Road
4. Lorbeer Middle School (Football Field and Slope on Golden Springs) — 501
5. Maple Hill Park — 1309 S. Maple HIII Road
6. Pantera Park — 738 Pantera Drive
7. Peterson Park — 24142 E. Sylvan Glen Drive
8. Ronald Reagan Park — 2201 Peaceful Hills Road
9. Starshine Park — 20839 Starshine Road
10. Summitridge Park — 1425 Summitridge Drive
11. Sycamore Canyon Park — 22930 Golden Springs Drive
12. Sycamore Canyon Trail & Trail Head
2009/10 Contract Amount: $362,995
2009/10 Potential As -Needed Work: 50,000
2009/10 Authorization: $412,995
2010/11 Contract Amount: $362,995
2010/11 Potential As -Needed Work 50,000
2010/11 FY Authorization $412,995
Total Two -Year Authorization: $825,990
S. Diamond Bar Blvd.
CITY COUNCIL
Agenda # 6.6 (a)
Meeting Date: June 16, 2009
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana (V 'k
er
TITLE: APPROVE EXTENSION OF CONTRACT AGREEMENT
TRANSPORTATION, LLC IN FISCAL YEAR 2009-2010
(6) MONTHS
RECOMMENDATION:
Approve.
FISCAL IMPACT:
WITH DIVERSIFIED
FOR THE FIRST SIX
The Diamond Ride (Dial -A -Cab) program is funded through Proposition A, Local Transit
Funds. The proposed budget for FY 2009-2010 is $500,000.
BACKGROUND/DISCUSSION:
In April 1995, the City established the Diamond Ride (Dial -A -Cab) service to provide a reliable
transportation program for its residents 60 years of age and older and those with disabilities.
The Diamond Ride (Dial -A -Cab) system operates seven (7) days a week, 24 hours a day,
within a designated geographic boundary. The service provider for Diamond Ride, Diversified
Paratransit, Inc. (DPI) has been serving our community since the inception of this demand -
response program. After a RFP process, the City Council awarded a contract to DPI in March,
1999 for one year, with provision for annual extension(s) by mutual agreement.
In May 2006, Diversified Paratransit, Inc. began a business transaction plan with an equity
capital group. The plan was to bring several transportation companies together and combine
that platform with equity capital for infrastructure and growth. Upon completion, the new
company became Diversified Transportation, LLC. Diversified Transportation purchased
Diversified Paratransit and Paul's Yellow Cab, and Mr. Dave Perrin is the Vice -President of
Taxicab Operations for the new company. This change was completed in June, 2006. Terms
of our contract agreement have remained the same with the new company. This Contract
Amendment No.10 represents year eleven (11) of the service. Please see Attachment I.
The (FY 2009/2010) fees will remain the same rate at $2.50 flag drop (flag drop is the fixed
charged for initiating a trip) and $2.50 per mile meter rate, with no wait time fees, and a 10%
administrative fee charged by Diversified Transportation, LLC.
As shown in Attachment III, the beginning budget for Fiscal Year 2008-2009 was $400,000
with an additional $100,000 added during the Mid -Year Adjustment, bringing the current
budget to $500,000. As of April 2009, the average number of monthly trips is 2,022 and the
average monthly contract expense is $44,629.15 for FY 2008-2009. To date, the City has
accrued $446,291.46 to cover service provided from July 2008 to April 2009. It is estimated
that the City will need an additional $60,000 to pay for the remaining months (May and June)
for FY 2008-2009. The projected cost of the program for FY 2008-2009 is $560,000.
As a result of the significant cost increase of operating this program, staff is currently in the
process of studying various options and is therefore recommending renewing the contract with
Diversified for six (6) months instead of one (1) year. This will allow staff to revisit the program
and recommend any modifications or changes needed to ensure the program remains fiscally
viable while continuing to meet the needs of its users.
Diamond Ride is a trusted and heavily relied upon service utilized by the Diamond Bar's senior
and disabled population. It has proven to be a much needed and appreciated mode of
transportation. Therefore, staff is requesting that City Council approve Contract Amendment
No. 10 with Diversified Transportation, LLC.
PREPARED BY:
Patrick Gallegos, Management Analyst Date Prepared: June 8, 2009
REVIEWED B
David iu
Director of Public Works
Attachments: 1) Amendment No. 10 to the Agreement
11) DPI Request to Extend Contract, dated May 14, 2009
III) FY 2008-09 Status Report
Attachment I
AMENDMENT NO. 10 TO THE AGREEMENT FOR
DIAMOND RIDE (DIAL -A -CAB) SERVICES
FOR THE FIRST SIX MONTHS IN THE 2009-2010 FISCAL YEAR
This Amendment No. 10 to the City's Contract Agreement is made and entered into this
16th day of June, 2009 by and between the CITY OF DIAMOND BAR, a municipal corporation
(hereinafter referred to as "CITY") and DIVERSIFIED TRANSPORTATION, LLC (hereinafter
referred to as "CONTRACTOR").
A. Recitals:
(i) The CITY has heretofore entered into an agreement with Diversified
Transportation, Inc. to provide Dial -A -Cab services to the eligible elderly and
persons with disabilities who reside in Diamond Bar, dated March 2, 1999
("SAID AGREEMENT" hereinafter).
(ii) CONTRACTOR has requested a six-month extension proposal ("PROJECT"
hereinafter), a full, true and correct copy of which attached hereto as
Attachment "II" to extend said services.
NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR:
B. Amendment to Agreement:
Section 20 of the original agreement is hereby amended as follows:
"20. Term. The term of this Agreement shall commence July 1, 2009 and
shall be extended through December 31, 2009."
Each party to this Supplemental Agreement acknowledges that no representation by any
party which is not embodies herein nor any other agreement, statement, or promise not
contained in this Supplement Agreement shall be valid and binding. Any modification of
this Supplemental Agreement shall be effective only if it is in writing signed by the parties.
AMENDMENT NO. 10 TO THE AGREEMENT FOR
DIAMOND RIDE (DIAL -A -CAB) SERVICES
FOR THE FIRST SIX MONTHS IN THE 2009-2010 FISCAL YEAR
This Amendment No. 10 io the City's Contract Agreement is made and entered into this
16th day of June, 2009 by and between the CITY OF DIAMOND BAR, a municipal corporation
(hereinafter referred to as "CITY") and DIVERSIFIED TRANSPORTATION, LLC (hereinafter
referred to as "CONTRACTOR").
A. Recitals:
(i) The CITY has heretofore entered into an agreement with Diversified
Transportation, Inc. to provide Dial -A -Cab services to the eligible elderly and
persons with disabilities who reside in Diamond Bar, dated March 2, 1999
("SAID AGREEMENT" hereinafter).
(ii) CONTRACTOR has requested a six-month extension proposal ("PROJECT"
hereinafter), a full, true and correct copy of which attached hereto as
Attachment "II" to extend said services.
NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR:
B. Amendment to Agreement:
Section 20 of the original agreement is hereby amended as follows:
"20. Term. The term of this Agreement shall commence July 1, 2009 and
shall be extended through December 31, 2009."
Each party to this Supplemental Agreement acknowledges that no representation by any
party which is not embodies herein nor any other agreement, statement, or promise not
contained in this Supplement Agreement shall be valid and binding. Any modification of
this Supplemental Agreement shall be effective only if it is in writing signed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Supplemental
Agreement as of the day and year first set forth above.
"CITY"
ATTEST:
Tommye Cribbins, City Clerk
APPROVED AS TO FORM:
in
City Attorney
CITY OF DIAMOND BAR
in
Ron Everett, Mayor
DIVERSIFIED TRANSPORTATION, LLC
Duke Perrin, Vice -President
Taxicab Operations
ATTACEMRNT. TT
May 14th 2009
Mr. David Liu
Director of Public Works
City of Diamond Bar
21685 Copley Drive
Diamond Bar, CA 91765
Dear Mr. Liu
We enjoy working with the City of Diamond Bar and providing services to its residents.
It is our goal to provide exceptional service.
We are working on improvements to better serve the growing number of residents using
the Diamond Ride Service.
We are grateful for the opportunity to provide this service and would like to continue the
Diamond Ride Contract arrangement through the fiscal year of 2009-20010 under the same
terms. (711 %o9 — l .ZJall 0 g'
Thank you for your consideration and please let me know if I may provide any additional
information.
Appreciatively,
Rudy Munoz
General Manager
Pomona yellow Cab Co.
(909) 622-1316 ext 3450
1400 E. Nffision Blvd., Pomona, CA 91766
(909) 622-1313 Pax (909) 622-2173
Attachment III
FISCAL YEAR 2008-2009 DIAMOND RIDE STATUS REPORT (AS OF APRIL 2009)
Beginning Budget for FY 08-09: $400,000
Mid -Year Budget Increase for FY 08-09: $100,000
Current Budget (As of May 2009): $500,000
Billing Month
Payment
Amount
Jul -08
$
37,696.61
Aug -08
$
39,946.72
Sep -08
$
45,827.21
Oct -08
$
50,304.65
Nov -08
$
40,764.68
Dec -08
$
40,805.32
Jan -09
$
46,913.13
Feb -09
$
45,074.75
Mar -09
$
52,393.61
Apr -09
$
46,564.78
Total (Present): $ 446,291.46
Balance (Present): $ 53,708.54
Average Monthly Total:
$
44,629.15
Average Monthly Trips:
2,022
Within Diamond Bar:
1,173
Outside Diamond Bar:
1,213
Net Cost per Trip:
$
21.85
Net Cost per Passenger:
$
19.47
Projected Cost of the Program
FY 2008-2009:
$
560,000.00
Agenda # 6. 6 (b )
Meeting Date: June 16, 2009
CITY COUNCIL AGENDA REPORT
�RPOR��
j9S9
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma
a
TITLE: APPROVE AGREEMENT ITH LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA) TO
EXCHANGE FEDERAL SURFACE TRANSPORTATION PROGRAM -
LOCAL FUNDS WITH FLEXIBLE LACMTA STP -L LOCAL
TRANSPORTATION FUNDS TO BE UTILIZED ON THE CHINO HILLS
PARKWAY REHABILITATION PROJECT
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
The current budget amount of Surface Transportation Program Local (STP -L) Funds
programmed for the Chino Hills Parkway Rehabilitation Project is $867,537.00.
Execution of the subject agreement will enable the City to exchange Federal STP -L
funds for Flexible LACMTA STP -L Local Transportation Funds subject to a 2%
administrative fee of $17,350.00. Therefore, the exchange will result in a net amount of
$850,187.00 of Local Transportation Funds which is provided up front with no
requirement to process federal paperwork. This will effectively offset the 2%
administrative cost due to the reduction in consultant time since there will not be a need
to process any federal reimbursement paperwork.
DISCUSSION:
The Federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU) created the Surface Transportation Program (STP) to provide
funding for a variety of highway and transit capital projects. STP funds are apportioned
to the cities and counties and are referred to as STP Local (STP -L) Funds. The City of
Diamond Bar (City) receives approximately $175,000 of STP -L apportionments
annually. The City programmed a total of $867,537 of the federal STP -L funds for the
Chino Hills Parkway Rehabilitation Project. To fully fund the project, the City needed to
accumulate approximately five (5) years of STP -L apportionment prior to starting the
project.
LACMTA has indicated that $238,079.00 of the funds allocated for this project will lapse
if not obligated by September 30, 2009. We were able to successfully request two (2)
prior extensions on the STP -L funds; however, LACMTA had indicated that we have
effectively exhausted our allowable extensions on the STPL funds and that they will not
grant any further extensions.
A design consultant contract has been awarded and the preliminary design is currently
underway. Although the project design can be completed before September 30, 2009,
the project obligation will not occur until a lengthy review process (typically between 3 to
9 months) by Caltrans Local Assistance Division has been completed. Given that the
current focus of Caltrans Local Assisstance is on the processing and spending of
economic stimulus dollars, we anticipate that Caltrans will not be able to obligate the
funds by the September 30, 2009 deadline.
Therefore, it is recommended that the City execute the agreement to exchange the
Federal STP -L funds for Local Transportation Funds that will enable greater flexibility on
when the project funds are expended. The benefit of exchanging the funds for Local
Transportation Funds is that the full program amount is given up front with no
requirement to process federal paperwork. This will effectively offset the 2%
administrative cost due to the reduction in consultant time since there will not be a need
to process any federal reimbursement paperwork. Additionally, the funds from LACMTA
provide us with the flexibility of expending funds up to 3 years from the date of receipt.
PREPARED BY:
Rick Yee, Senior Civil Engineer
REVIE D BY:
I
DeVd G. Liu, Director of Public Works
Attachment: Agreement
2
Date Prepared: June 8, 2009
MOU. STPLEXDB
Enclosure B
EXCHANGE AGREEMENT AND ASSIGNMENT OF FEDERAL SURFACE
TRANSPORTATION PROGRAM — LOCAL FUNDS
This Exchange Agreement and Assignment of Federal Surface Transportation Program —
Local Funds ("AGREEMENT"), is made and entered into as of , by and
between City of Diamond Bar (the "CITY") and the Los Angeles County Metropolitan
Transportation Authority ("LACMTA").
RECITALS:
A. CITY is eligible for and has available Federal Surface Transportation Program -
Local funds (the "STP -L Funds").
B. CITY desires to exchange $ 867,537 of CITY's STP -L Funds for a like amount of
LACMTA STP -L Local Transportation Funds (the "LACMTA Funds").
C. LACMTA is willing to exchange $ 867,537 in LACMTA Funds for a like amount
of CITY's STP -L Funds subject to the terms and conditions contained herein.
D. An exchange of CITY's STP -L Funds with LACMTA Funds is beneficial to and
in the general interest of CITY and LACMTA.
NOW THEREFORE, in consideration of the mutual benefits to be derived by CITY and
LACMTA and of the promises contained herein, it is hereby agreed as follows:
AGREEMENT:
1. CITY hereby assigns to LACMTA $ 867,537 of CITY'S STP -L Funds.
LACMTA shall be authorized to deduct such amount from CITY's STP -L Fund balance.
This assignment shall be automatically effective upon full execution of this
AGREEMENT without the necessity of the execution, delivery or recording of any
further instrument whatsoever. Notwithstanding the foregoing, at LACMTA's request,
CITY shall execute and deliver such documents and instruments as may be required to
evidence such assignment of STP -L Funds.
2. LACMTA hereby accepts CITY's assignment of CITY's STP -L Funds for use on
Federal -aid -eligible project(s), to be determined by LACMTA in its sole and absolute
discretion.
3. Upon receipt of (i) a fully executed AGREEMENT, (ii) CITY's written
certification of the amount of CITY's STP -L Fund Balance, as defined herein, which
CITY's STP -L Fund Balance shows that CITY has sufficient STP -L funds to meet its
obligations hereunder, and (iii) LACMTA's deduction of the CITY's STP -L Funds as
MOU.STPLEXDB
provided in paragraph I above, LACMTA shall pay CITY $ 850,187 of LACMTA Funds
which includes the deduction for the processing fee described in paragraph 5 below. For
purposes of this AGREEMENT, the CITY's STP -L Fund Balance shall mean the amount
of funds contained in CITY's STP -L Fund account as of the date this AGREEMENT is
fully executed plus CITY's FY2009 apportionment share of STP -L Funds. If the STP -L
Fund Balance is insufficient to satisfy CITY's exchange obligations hereunder, CITY
hereby authorizes LACMTA to deduct from CITY's future STP -L Funds until LACMTA
has in the aggregate received the amount of CITY's STP -L Funds specified in paragraph
1 above.
4. LACMTA will make all disbursements electronically unless an exception is requested
in writing. CITY must complete an Automated Clearing House (ACH) form as provided in
Exhibit A. Disbursements via ACH will be made at no cost to CITY.
5. CITY shall pay LACMTA a two (2) percent processing and administrative fee
("Processing Fee") in connection with the exchange contemplated by this
AGREEMENT. The Processing Fee shall be assessed against the total amount of
LACMTA Funds payable to CITY. The CITY hereby authorizes LACMTA to deduct the
Processing Fee from the amount LACMTA is to pay CITY hereunder.
6. CITY shall expend the LACMTA Funds on STP -L Eligible Projects within three
(3) years from the date this Agreement is fully executed. For purposes of this
Agreement, STP -L Eligible Projects shall mean any transportation capital improvements
that would normally qualify for the STP -L program, provided however, any federal
regulations and standards relating to procurement and other project delivery issues that
might apply may be substituted with applicable state and local regulations, standards and
policies; and "expend" as used in this section shall mean that the LACMTA Funds have
been encumbered by an awarded contract.
7. LACMTA, and/or its designee, shall have the right to conduct audits of CITY'S use
of the LACMTA Funds to determine compliance with terms and conditions of this
AGREEMENT. CITY shall establish and maintain proper accounting procedures and cash
management records and documents in accordance with Generally Accepted Accounting
Principles (GAAP). CITY shall reimburse LACMTA for any expenditure not in
compliance with this AGREEMENT. CITY's records shall include, without limitation,
any supporting evidence deemed necessary by LACMTA to substantiate CITY's use of
LACMTA Funds. These records must be retained by CITY for three years following
CITY's last use of the LACMTA Funds.
8. The term of this AGREEMENT shall commence on the date this AGREEMENT is
fully executed and, shall terminate once the CITY has expended all the LACMTA Funds
and all LACMTA audit and reporting requirements have been satisfied.
9. CITY shall fully indemnify, defend and hold LACMTA and its officers, agents
and employees harmless from and against any liability and expenses, including, without
limitation, defend costs, any costs or liability on account of bodily injury, death or
2
MOU. STPLEXDB
personal injury of any person or for damages of any nature whatsoever arising out of (i) a
breach of CITY's obligations under this AGREEMENT; or (ii) any act or omission of
CITY or its officers, agents, employees, contractors or subcontractors in the use of the
LACMTA Funds.
10. LACMTA shall fully indemnify, defend and hold CITY and its officers, agents
and employees harmless from and against any liability and expenses, including, without
limitation, defend costs, any costs or liability on account of bodily injury, death or
personal injury of any person or for damages to or loss of risk of property, any
environmental obligations, any legal fees and any claims for damages of any nature
whatsoever arising out of (i) a breach of LACMTA's obligations under this
AGREEMENT; or (ii) any act or omission of LACMTA or its officers, agents,
employees, contractors or subcontractors in the use of CITY'S STP -L Funds.
11. This AGREEMENT may be amended or modified only by mutual written consent
of LACMTA and CITY.
12. Any correspondence, communication, or contact concerning this AGREEMENT
shall be directed to the following:
CITY:
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
Attn: David G. Liu
LACMTA:
Los Angeles County Metropolitan Transportation Authority
One Gateway Plaza
Los Angeles, California 90012
Attn: Frank Flores
13. This AGREEMENT shall be interpreted and governed by the laws of the State of
California.
14. This AGREEMENT constitutes the entire understanding between the parties with
respect to the subject matter herein.
MOU.STPLEXDB
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed by their respective officers as of the date stated below.
CITY:
ATTEST
By:
Tommye Cribbins, City Clerk
Approved as to form:
By:
City Attorney
LACMTA:
By:
Ron Everett, Mayor
Los Angeles County Metropolitan Transportation Authority
By:
ARTHUR T. LEAHY DATE
Chief Executive Officer
Approved as to form:
Robert E. Kalunian
Acting County Counsel
DEPUTY
4
CITY COUNCIL
Agenda # 6. 6 (c)
Meeting Date: June 16, 2009
AGENDA REPORT
TO: Honorable Mayor and Memb the City Council
VIA: James DeStefano, City Ma a
TITLE: AWARD OF PROFESSIONAL CONSULTING SERVICES CONTRACT
TO SCI CONSULTING GROUP FOR FEASIBILITY ANALYSIS AND
OPINION RESEARCH FOR LANDSCAPING ASSESSEMENT DISTRICT
NUMBERS 38, 39, AND 41 IN THE AMOUNT OF $50,800, PLUS A
CONTINGENCY AMOUNT OF $5,000 TO BE APPROVED BY THE CITY
MANAGER FOR A TOTAL AUTHORIZATION OF $55,800.
RECOMMENDATION:
Award Contract.
FINANCIAL IMPACT:
Funds for this contract are included in the 2008/09 FY budget.
BACKGROUND/DISCUSSION:
The City has an annual program for the maintenance of landscaping and open space
improvements for Districts 38, 39 and 41. Since the City's incorporation in 1989, the
landscape assessment fees have remained unchanged. As a result, there are not
sufficient funds collected to maintain and improve the Districts without utilizing the
General Fund. The following depicts the annual subsidy from the General Fund for the
last three Fiscal Years as well as the projected subsidy for Fiscal Year 2009-2010:
ANNUAL SUBSIDY FROM THE GENERAL FUND
(YEAR
LLAD #38
LLAD #39
LLAD #41
2006/07
$25,312
$25,312
$25,312
2007/08
$26,200
$26,200
$26,200
2007/08 1
$45,775
$80,456
$27,115
2008/09 Projected
$88,185
$97,257
$35,537
The total General Fund subsidy from FY 2006/07 to FY 2009/10 is $528,858. The
subsidy from the General Fund is projected to increase over the next couple of years in
order to keep pace with the ongoing maintenance and improvements to the Districts.
On March 4, 2008, per Council's direction, a Landscape Assessment Subcommittee
was formed to review and discuss available options that might enhance revenue for
public landscaping and other improvements, and services for the Districts. The
Subcommittee held several meetings and evaluated a variety of options as well as other
relevant matters including Proposition 218 implications, the potential for a ballot
measure, consultant assistance and an overview of the Parks Master Plan.
Staff with the direction of the Subcommittee interviewed several consulting firms to
assist the City with analyzing the issues and opportunities for revenue enhancement
and to produce an unbiased, statistically accurate measure of the level of support for a
local ballot measure to increase revenues for the Districts. At the conclusion of these
interviews, it was determined that SCI Consulting Group could offer the most
experience and knowledge to the City.
At the June 2, 2009 Study Session, staff along with Gerard Van Steyn (President) of
SCI Consulting Group outlined the current status of the Districts and briefly discussed
the methodology that could be employed for public landscaping and improvements.
SCI's proposal is segmented into two proposed tasks (Initial Analysis and Survey):
Task 1 (Initial Analysis) includes developing a complete understanding of the
objectives by working closely with staff and the Subcommittee to determine which
potential funding options will be tested. In addition, SCI will obtain and analyze voter
records and match ownership and voter records into households. Moreover, SCI will
develop preliminary models of the benefit assessments by parcel for the assessment
funding options. SCI will also produce preliminary models of parcel taxes for any
special tax funding options.
Task 2 (Survey) includes creating, implementing and analyzing an opinion research
and revenue measure feasibility analysis. SCI will employ a phone survey and make a
recommendation as to whether to proceed with a subsequent mail survey. If the City
proceeds with a mail survey, SCI will mail 9,000 surveys to test different alternatives.
Based on the mail survey, SCI will make strategic recommendations as to whether to
proceed with a ballot measure, timing and outreach approaches.
SCI Consulting Group has over 23 years of experience in the specialized field of
landscape assessment and has a record of success assisting public agencies with
increasing their revenues as well as accurate surveys to evaluate the risk and benefits
of a local funding measure.
PREPARED BY:
Patrick Gallegos, Management Analyst Date Prepared: June 9, 2009
2
REVIEWED BY:
Daed- G. Li , Director of Public Works
Attachments: 1) Agreement
II) Exhibit A— Consultant's Scope of Work
III) Exhibit B — Consultant's Fee Schedule
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of June 16, 2009, by and between the City of
Diamond Bar, a municipal corporation ("City") and SCI Consultant Group,
("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor
to provide consulting services to City.
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 "A" the Consultant's
Proposal, dated June 9, 2009.
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 June 16, 2009, and
remain in effect 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" with a not to exceed amount of $55,800.00. 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: Consultant:
David G. Liu, Director of Public Works/City Engineer Gerard Van Steyn
City of Diamond Bar SCI Consulting Group
21825 Copley Drive 4745 Mangels Boulevard
Diamond Bar, CA 91765-4178 Fairfield, CA 94534
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 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
Tommye Cribbins, City Clerk
Approved as to form:
By:
City Attorney
"CONSULTANT"
M
Its:
Ron Everett, Mayor
Attachment II
EXHIBIT A— SCOPE OF WORK
Introduction: The purpose of this Section is to detail the scope of work and responsibilities
SCI Consulting Group (SCI) would provide for the City of Diamond Bar.
Definitions:
A. City: The City of Diamond Bar and Staff.
B. Council: The City of Diamond Bar Council.
C. SCI: SCI Consulting Group, and any and all employees and sub -contractors.
Phase I: Initial Analysis, Assessment Engineering and Planning
a. Identify the relevant issues, the improvements and services to be surveyed, the
profile of the property ownership base in the City, and other information
necessary to develop the potential benefit assessments and special taxes to be
tested in the opinion research phase.
b. Together with the City and other stakeholders, identify the other issues, proposed
improvements and services and research objectives.
c. In conjunction with the City, develop an initial project timeline.
d. Obtain copies of Assessor Parcel Maps and other required property information
for properties within the City.
e. Utilizing County Assessor records, other parcel and ownership data and SCI's
statewide property, voter and ownership information, prepare a database with
relevant information for all parcels within the City.
f. Identify all parcels in the City that could be subject to a new benefit assessment
or parcel tax.
g. Research and determine other property information required for benefit
apportionment such as property type, assessable land area, number of
residential dwelling units, land use, etc.
h_ Obtain and analyze voter data.
L Evaluate the profile of the property owners and voters overall and by geographic
area.
j. Conduct financial analysis of potential rate structures, based upon the estimated
engineered benefit apportionment, to achieve the City's total revenue targets for
the services and improvements desired by the City.
k. Calculate the potential amount of annual benefit assessment for each parcel in
the City.
I. Determine the potential parcel tax rates and formula options if the City proposes
a parcel tax instead of a benefit assessment.
m. Calculate the potential parcel tax amount for each parcel in the proposed funding
measure area.
June 9, 2009
n. Develop models of ballot measure participation and weighted votes for a benefit
assessment ballot proceeding.
o. Develop models of ballot measure participation and votes for registered -voter
parcel tax election.
p. Review findings with City and revise or modify the Phase I services and findings
if needed.
Phase IIA: Opinion Research and Survey - Phone
a. Discuss in greater detail with City the research objectives and methodology for
the study, as well as potential challenges, concerns and issues that may
surround the study.
b. Develop a draft questionnaire for the City's review and make revisions as needed
until all parties approve of the instrument. Estimated length is 12 minutes.
c. Pre-test the survey instrument to ensure its integrity.
d. CATI (Computer Assisted Telephone Interviewing) program the finalized survey
instrument to ensure accurate and reliable data collection using live telephone
interviewers.
e. Develop a stratified and clustered sample of voters and property owners who are
likely to participate in the election of interest according to the type of balloting
procedure used.
f. Collect at least 400 telephone interviews according to the sampling plan and a
strict interviewing protocol.
g. Process the data, which includes conducting validity checks, cleaning, recoding,
coding open-end responses, and adjusting for strategic oversampling (if used)
through a statistical procedure known as 'weighting'.
h. Analyze the survey results and prepare an initial topline report on the findings
and recommendations for next steps.
L Discuss and review the initial findings with the City.
Phase IIB: Opinion Research and Survey - Mail
a. Based on the phone survey findings and input from the City, determine the
issues, projects and arguments to be included in the mail survey.
b. Create the mail survey opinion research instruments to measure support from
voters and property owners for an annual benefit assessment or parcel tax and
the services/improvements to be proposed.
c. Integrate the proportional weighted votes, assessments and typical response
rates for each property owner and create a stratified, randomized sample of
owners and voters to be surveyed.
d. Finalize the design of the survey, informational item, outgoing and postage -
prepaid return envelopes.
e. Print, address and mail up to 10,000 surveys for property owners and/or voters in
the proposed assessment City area.
f. Tabulate survey responses and develop cross -tabulations of the response data.
g. Using the survey response data, prepare projected outcome models for a
weighted ballot benefit assessment measure and a parcel tax election.
h. Analyze the survey findings.
i. Review and present the survey findings to the City.
j. After input and any additional direction from the City, prepare a thorough report
on the findings, including a detailed question -by -question analysis, description of
the methodology, an executive summary of the key findings and
conclusions/recommendations, as well as a comprehensive set of
crosstabulations showing how the answers varied by subgroups of voters. The
report will include extensive full-color graphics displaying the findings, as well as
insightful narrative discussion of the results and their implications.
k. Be available to answer questions about the research during and after the study.
Attachment III
EXHIBIT B — FEE SCHEDULE
In consideration for the work accomplished, SCI shall be compensated as detailed below.
PHASE I
In consideration for the work accomplished on this Project related to Phase I, SCI shall be
compensated on an hourly rate. Such compensation shall be at the rate of $215 per hour for
Gerard van Steyn and John Bliss, $165 per hour for Susan Barnes, Maria Garcia-Adarve and
other consulting staff with SCI and $65 per hour for SCI administrative staff, with total
compensation not to exceed $8,000 without prior authorization from the City.
PHASE IIA
Compensation for work accomplished on this Project related to 'the preparation and
administration of a 12 minute phone survey and opinion research project to a randomized and
stratified sample of 400 property owners and voters and the other revenue measure consulting
services described in this proposal is $19,300 as a fixed fee amount, payable upon conducting
the phone surveys.
PHASE IIB
The fee for the preparation and administration of mailed surveys to a randomized and stratified
sample of 10,000 property owners and voters in Districts 38, 39 and 41 and the other revenue
measure consulting services described in this proposal is $23,500 as a fixed fee amount.
OTHER PROVISIONS:
The scope of work under Phase IIA and IiB includes two in-person meetings with the City. Any
additional meetings shall be charged at the rate of $500 per person per meeting. (Time for any
meetings under Phase I shall be billed at the hourly rate listed under this phase.)
Incidental costs incurred by SCI for the purchase of property data, maps, travel and other out-of-
pocket expenses incurred in performing the scope of work shall be reimbursed by the City at
actual cost with total incidental costs not to exceed $1,800 without prior authorization from the
City.
June 9, 2009
CITY COUNCIL
Agenda # 6.6 (d)
Meeting Date: June 16, 2009
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana e
TITLE: APPROPRIATE $85,000 OF STA E HAZARD ELIMINATION SAFETY
(HES) PROGRAM FUNDS TO THE SUNSET CROSSING ROAD AND
PROSPECTORS ROAD TRAFFIC CALMING PROJECT AND
APPROVE CONTRACT INCREASE IN THE AMOUNT OF $41,000 WITH
ALL AMERICAN ASPHALT FOR A TOTAL AUTHORIZATION AMOUNT
OF $415,000.
RECOMMENDATION:
Appropriate and approve.
FINANCIAL IMPACT:
The Fiscal Year 2008/2009 budget for this project currently includes the following fund
sources:
General Fund $30,000
Traffic Improvement Fund $45,435
Proposition 1 B $220,000
State Hazard Elimination System (HES) Fund $220,000
Total Project Funding $515,435
Since the time of the original application for state funds, additional HES funds have
been made available. In April 2009, staff submitted a request to the California
Department of Transportation (Caltrans) to fund an expanded scope of the project. In
response, Caltrans agreed to provide an additional $85,000 of HES Funds for the
project.
Subsequent to approval by the Council, the total FY 2008/2009 project budget will be
$600,435. As a result of this approval, the contract amount with All American Asphalt,
Inc. will also increase by $41,000 for a total contract amount of $415,000.
As a result of the additional HES funding, the net budget savings for the project
amounts to $34,269.
DISCUSSION:
This neighborhood traffic calming project has implemented landscaped medians, curb
extensions, and speed cushions to address traffic and speeding concerns on Sunset
Crossing Road (located west of the SR 57 Freeway) and Prospectors Road. The
expanded scope of the project includes roadway improvements to the surface drainage
in the amount of $41,000 that were unforeseen at the time of design.
PREPARED BY:
Rick Yee, Senior Civil Engineer Date Prepared: June 10, 2009
REVIEWED
David OLiuffirector of Public Works
2
Design
Construction
Construction
Management
SCE
Total
Project
Cost
Budget
Amount
Current
$85,800
$374,000
$57,175
$2,726
$519,701
$515,435
Proposed
$85,800
$415,000
$62,640
$2,726
$566,166
$600,435
As a result of the additional HES funding, the net budget savings for the project
amounts to $34,269.
DISCUSSION:
This neighborhood traffic calming project has implemented landscaped medians, curb
extensions, and speed cushions to address traffic and speeding concerns on Sunset
Crossing Road (located west of the SR 57 Freeway) and Prospectors Road. The
expanded scope of the project includes roadway improvements to the surface drainage
in the amount of $41,000 that were unforeseen at the time of design.
PREPARED BY:
Rick Yee, Senior Civil Engineer Date Prepared: June 10, 2009
REVIEWED
David OLiuffirector of Public Works
2
CITY COUNCIL
Agenda # 6.6 (e)
Meeting Date: June 16, 2009
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma
TITLE: APPROVE CONTRACT INCREASE OF $5,465 FOR CONSTRUCTION
MANAGEMENT SERVICES WITH DMS CONSULTANTS, INC. ON THE
SUNSET CROSSING ROAD AND PROSPECTORS ROAD TRAFFIC
CALMING PROJECT FOR A TOTAL AUTHORIZATION AMOUNT OF
$62,640.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
The Fiscal Year 2008/2009 budget for this project currently includes the following fund
sources:
General Fund $30,000
Traffic Improvement Fund $45,435
Proposition 1 B $220,000
State Hazard Elimination System (HES) Fund $220.000
Total Project Funding $515,435
Since the time of the original application for state funds, additional HES funds have
been made available. In April 2009, staff submitted a request to the California
Department of Transportation (Caltrans) to fund an expanded scope of the project. In
response, Caltrans agreed to provide an additional $85,000 of HES Funds for the
project.
Subsequent to approval by the Council, the total FY 2008/2009 project budget will be
$600,435.
As a result of the additional HES funding, the net budget savings for the project
amounts to $34,269.
DISCUSSION:
Construction management services included contract administration, inspection, and
survey work during the construction phase of the project. This neighborhood traffic
calming project has implemented landscaped medians, curb extensions, and speed
cushions to address traffic and speeding concerns on Sunset Crossing Road (located
west of the SR 57 Freeway) and Prospectors Road. An expanded scope of the project
was necessary to address roadway improvements to the surface drainage that were
unforeseen at the time of design. As a result, additional contract administration, survey,
and inspection services in the amount of $5,465 are needed to address the design
changes.
PREPARED BY:
Rick Yee, Senior Civil Engineer Date Prepared: June 10, 2009
REVIEWED
David'd. Liu, Director of Public Works
Attachment: Contract Amendment
Design
Construction
Construction
Management
SCE
Total
Project
Cost
Budget
Amount
Current
$85,800
$374,000
$57,175
$2,726
$519,701
$515,435
Proposed
$85,800
$415,000
$62,640
$2,726
1$566,166
$600,435
As a result of the additional HES funding, the net budget savings for the project
amounts to $34,269.
DISCUSSION:
Construction management services included contract administration, inspection, and
survey work during the construction phase of the project. This neighborhood traffic
calming project has implemented landscaped medians, curb extensions, and speed
cushions to address traffic and speeding concerns on Sunset Crossing Road (located
west of the SR 57 Freeway) and Prospectors Road. An expanded scope of the project
was necessary to address roadway improvements to the surface drainage that were
unforeseen at the time of design. As a result, additional contract administration, survey,
and inspection services in the amount of $5,465 are needed to address the design
changes.
PREPARED BY:
Rick Yee, Senior Civil Engineer Date Prepared: June 10, 2009
REVIEWED
David'd. Liu, Director of Public Works
Attachment: Contract Amendment
AMENDMENT NO. 1
TO THE CONSULTING SERVICES AGREEMENT
This Amendment No. 1 is made and entered into this 16th day of June 2009,
between the the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter
referred to as "CITY") and DMS Consultants, Inc. (hereinafter referred to as
"CONSULTANT').
A. RECITALS:
(1) The CITY has heretofore entered into an Agreement, with
CONSULTANT to provide construction management services, which the Agreement
was dated February 3, 2009.
NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT:
Section 1: Section 1. A. Scope of Services of the Agreement is hereby
amended to read as follows:
"A. Scope of Services. The nature and scope of the specific
services to be performed by Consultant include the original scope of work dated
December 22, 2008, and additional engineering survey and inspection services for the
Sunset Crossing Road and Prospectors Road Traffic Calming Project.
Section 2: Section 3 of the Agreement is hereby amended to read as
follows:
Compensation. "City agrees to compensate Consultant for the services in
an amount not to exceed $62,460. Payment will be made only after submission of
proper invoices in the form specified by City.
Section 3: Each party to this Amendment No. 1 acknowledges that no
representation by any party which is not embodied herein nor any other agreement,
statement, or promise not contained in this Amendment No. 1 shall be valid and
binding. Any modification of this Amendment No. 1 shall be effective only if it is in
writing signed by the parties. Total payment to Consultant pursuant to this Agreement
shall not exceed ($62,460.00) dollars."
I
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as
of the day and year first set forth above:
APPROVED AS TO FORM
M
City Attorney
ATTEST:
CITY OF DIAMOND BAR
Tommye Cribbins, City Clerk
DATE:
CONSULTANT:
Surender Dewan, PE
Surender Dewan, PE
James DeStefano, City Manager
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
Agenda # 6, 6 (f)
Meeting Date: June 16, 2009
AGENDA REPORT
VIA: James DeStefano, City Mana e
TITLE: Appropriate $60,000 from Prop A Transit Funds for the FY 2008-09 Diamond Ride Dial -
a -Cab program for a total appropriation of $560,000
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
It is anticipated that the City will receive approximately $900,000 in Prop A funds for the current fiscal
year. In addition there was $727,600 in Prop A reserve funds available at the beginning of the current
fiscal year for total available resources of $1,627,600.
For this fiscal year, it is projected that these resources will be used in the following way:
PROPOSITION A FUND USAGE 2008-2009
PROGRAM
PROGRAM AMOUNT
Dial -A -Cab
$
560,000
Fund Exchange
$
300,000
Transit Subsidy
$
350,950
Excursions
$
70,000
Holiday Shuttle
$
6,209
Traffic Management System
$
118,870
Traffic Planning
$
9,500
Administration
$
52,284
Total Program Usage Amount
$
1,467,813
Originally, the FY 2008-09 included $400,000 for the Dial -A -Cab program. However, the mid -year
budget adjustment included an additional $100,000 appropriation of Prop A funds for the Dial -A -Cab
program due to increasing costs. It is anticipated that an additional $60,000 needs to be appropriated
to fund the program for the remainder of the fiscal year. If the additional appropriation is approved, it
is anticipated that the fund balance at the end of the fiscal year will be $159,787.
In the past, the City has been able to build up reserve funds each year. However, due to increased
program costs and a projected decrease in the amount of Proposition A funds for 2009-2010
(approximately $875,300), the City will no longer be able to add to the reserve funds. In fact, at the
conclusion of FY 2009/10 the reserve funds will most likely be depleted.
BACKGROUND/DISCUSSION:
The City receives Proposition A Transit Funds which are funded by a portion of the'/2 cent sales tax
measure which was passed by Los Angeles County voters in 1980. Prop A Funds are to be used
exclusively to benefit public transportation.
In 1995, utilizing Prop A Funds, the City Council considered implementing several transit programs.
One of the programs implemented was the popular Dial -A -Cab (Diamond Ride) program. The
Diamond Ride is a program where residents who are seniors, age 60 and over or disabled may obtain
cab rides at a substantially discounted rate.
Since that time the cost of the program has continued to grow. This fiscal year the cost of the
program has increased 33% or $140,000 over FY07-08. Per Council's request, staff is working with
the cab company to analyze program usage and identify potential cost saving measures. In the near
term, staff will present a report to Council regarding the Diamond Ride program with options to control
the expanding costs.
PREPARED BY:
Patrick Gallegos, Management Analyst
REVIEWED BY:
Linda G. Magnuson, Finance Director
s'
D G. 0,Fi6blic Works Director
Date Prepared: June 11, 2009
w
Agenda # 6.6 ( q)
Meeting Date: June 16, 2009
CITY COUNCIL < AGENDA REPORT
�)31iPOR���
r9g9
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
TITLE: APPROVE A CONTRACT�)VADVANTEC CONSULTING
ENGINEERS, INC. FOR BATTERY BACKUP SYSTEM DESIGN AND
CONSTRUCTION MANAGEMENT SERVICES AT GOLDEN SPRINGS
DRIVE AND DIAMOND BAR BOULEVARD, GOLDEN SPRINGS DRIVE
AND BREA CANYON ROAD, GOLDEN SPRINGS DRIVE AND
BALLENA DRIVE, DIAMOND BAR BOULEVARD AND PATHFINDER
ROAD, AND DIAMOND BAR BOULEVARD AND MOUNTAIN LAUREL
WAY IN THE AMOUNT OF $20,000 PLUS A CONTINGENCY AMOUNT
OF $2,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY
MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $22,000.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
For Fiscal Year 2008-2009, the Capital Improvement Program (CIP) Budget included an
appropriation of Proposition C Funds in the amount of $80,000 for Battery Backup
System (BBS) design, construction and construction management services at Golden
Springs Drive and Diamond Bar Boulevard, Golden Springs Drive and Brea Canyon
Road, Golden Springs Drive and Ballena Drive, Diamond Bar Boulevard and Pathfinder
Road, and Diamond Bar Boulevard and Mountain Laurel Way. These locations were
selected because they are heavily traveled arterial intersections or locations that
received significant school area traffic.
The cumulative total amount of project related services provided by Advantec
Consulting Engineers during Fiscal Year 2008-2009 exceeds the City Manager's
$25,000 contractual authority. Therefore, this contract is being awarded subject to the
approval of the City Council.
BACKGROUND/DISCUSSION:
The installation of BBS will allow for emergency power to traffic signals at Golden
Springs Drive and Diamond Bar Boulevard, Golden Springs Drive and Brea Canyon
Road, Golden Springs Drive and Ballena Drive, Diamond Bar Boulevard and Pathfinder
Road, and Diamond Bar Boulevard and Mountain Laurel Way. Current locations with
BBS include the intersections of Grand Avenue/Diamond Bar Boulevard, Brea Canyon
Road/Pathfinder Road, Brea Canyon Road/Diamond Bar Boulevard, Golden Springs
Drive/Lemon Avenue, Golden Springs Drive/Grand Avenue, Golden Springs
Drive/Lavender Drive and Grand Avenue/Lavender Drive.
In May 2009, a Request for Proposals was released for design and construction
management services. Four (4) engineering consulting firms submitted proposals and
their associated costs are as follows:
1. ADVANTEC Consulting Engineers, Inc. $20,000.00
2. VA Consulting $21,540.00
3. KOA Corporation $24,300.00
4. Albert Grover & Associates $30,000.00
The proposals were reviewed and evaluated by staff. ADVANTEC Consulting
Engineers, Inc. was selected because they best understood the City's needs and are
the most qualified due to their depth of experience with traffic signal standards used in
Diamond Bar. ADVANTEC Consulting Engineers, Inc. has a history of successfully
providing these services for traffic signal improvements throughout the city. Services
will be paid for on an hourly basis with a not to, exceed amount as specified in the
attached contract.
PREPARED BY:
Christian Malpica Perez, Associate Engineer
REVIEWED BY:
David G. Liu, Director of Public Works
Attachment: Contract Agreement
2
Date Prepared: June 10, 2009
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of June 16, 2009, 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.
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 "A" the Consultant's
Proposal, dated May 12, 2009.
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 June 16, 2009, and
remain in effect 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" with a not to exceed amount of $20,000.00. 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:
Bernard K. Li, P.E., PTOE
ADVANTEC Consulting Engineers, Inc.
30131 Town Center Dr, Ste 295
Laguna Niguel, CA 92677
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 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 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:
Tommye Cribbins, City Clerk Ron Everett, Mayor
Approved as to form:
By:
City Attorney
"CONSULTANT"
By:
Its:
r
EXHIBIT "A�
ADVANTEC Consulting Engineers
May 12, 2009 Our Ref. No.: 0901015
Mr. Christian Malpica
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
SUBJECT: Proposal for Traffic Signal Design at Five Intersections for the Upgrade of
Battery Backup Systems
Dear Christian,
ADVANTEC Consulting Engineers, Inc. (ADVANTEC) is pleased to submit the accompanying
proposal for Traffic Engineering Design Services in the City of Diamond Bar. The Scope of
Services will include traffic signal modifications at five (5) locations:
1. Golden Springs Drive and Diamond Bar Boulevard
2. Golden Springs Drive and Brea Canyon Road
3. Diamond Bar Boulevard and Pathfinder Road
4. Diamond Bar Boulevard and Mountain Laurel Way
5. Golden Springs Drive and Ballena Drive
ADVANTEC is a traffic and transportation engineering firm that specializes in traffic signal
design, signal timing, and Intelligent Transportation Systems (ITS). Our commitment to providing
our clients with quality services and products has earned us a reputation for excellence, and has
fueled our growth in southern California. Our professional staff comprises high-caliber, multi -
disciplined personnel, with a tremendous amount of traffic engineering experience.
The key strengths of the ADVANTEC team are:
1. ADVANTEC is a local firm in Diamond Bar and is only within a 5 -minute drive from all project
locations;
2. A highly experienced Project Manager with a demonstrable track record for on-time and
within budget performance;
3. A clear understanding of the tasks involved in this project and the capability to achieve the
'perceptible improvements on all of our projects;
4. Knowledge of the City and the traffic patterns of each community;
We are very excited about this opportunity to assist the City of Diamond Bar on this very
important project and look forward to continuing our extraordinary working relationship with the
City.
Sincerely,
ADVANTEC Consulting Engineers, Inc.
Bernard K. Li, P.E., PTOE
Vice President
21700 Copley Dive ♦ Suite 350 ♦ Diamond Bar * CA 91765
Tel: (909) 860-6222 e Fax: (909) 860-6722 ♦ www.advantec-usa.com
,Bccaum fl)e Care!
Proposal to Provide Traffic Engineering Design Services
Traffic Signal Design at rive Intersections for the Upgrade of Battery Backup Systems
Project Understanding
The purpose of this project is to prepare plans, specifications and estimates (PS&E) for the
installation of a battery backup system unit, which will allow for in-line power filtering as requested by
the City and in compliance with City standards, at the following intersections:
1. Golden Springs Drive and Diamond Bar Boulevard
2. Golden Springs Drive and Brea Canyon Road
3. Diamond Bar Boulevard and Pathfinder Road
4. Diamond Bar Boulevard and Mountain Laurel Way
5. Golden Springs Drive and Ballena Drive
Scope of Services
Project Kick-off and Coordination
ADVANTEC's project manager will contact the City to kick-off the project activities. The objective is to
coordinate the overall project schedule and finalize our planned approach to the various project tasks
in accordance with the City's direction. Regular status updates via phone calls and emails will be
conducted during the course of the project. The purpose of these status updates are to report
progress, provide recommendations, discuss design issues, and obtain plan check comments, etc.
Gather Existing Available Data/information
ADVANTEC will gather all existing data/information pertinent to development of the design before
conducting a field inventory. The information to be collected may include, but is not limited to:
• Existing as -built plans;
• Existing right-of-way (ROW) information;
• AutoCAD base plans;
• City of Diamond Bar's latest standard plans and specifications, and design guidelines; and
• Other pertinent information to be provided by the City of Diamond Bar.
Field Review/Inventory
A cursory field review will be performed at all locations to update the recently completed traffic signal
design plans by ADVANTEC at the intersections of
1. Golden Springs Drive and Diamond Bar Boulevard
2. Golden Springs Drive and Brea Canyon Road
3. Diamond Bar Boulevard and Pathfinder Road
4. Diamond Bar Boulevard and Mountain Laurel Way
5. Golden Springs Drive and Ballena Drive
Option: If existing AutoCAD design files for the intersections of Diamond Bar Boulevard/Pathfinder
Road and Golden Springs Drive/Ballena Drive are not available or accurate for the intended design, a
complete field review can be conducted by ADVANTEC to create a complete as -built plan.
ADVANTEC utilizes field reviews as a tool to collect and verify information to ensure the accuracy of
our plans and specifications. The data obtained from the review such as existing geometry, lane
configurations, approximate lane widths, location of traffic control equipment, etc. will be used to
prepare the design plans.
Geometric features of the inventory will be entered into CADD plan sheets using AutoCAD. Plan
sheets will include features such as the existing geometry, right-of-way, lane configurations, lane
widths, location of traffic controllers, signal and pedestrian poles, street lighting poles, communication
> City of Diamond Bar 1 J\ ADVANTEC Consultrftg Eirgiireer-s
Proposal to Provide Traffic Engineering Design Services
Traffic Signal Design at Five Intersections for the Upgrade of Battery Backup Systems
and power conduits and pull boxes, etc.
Prepare Plans, Specifications and Cost Estimates
Traffic Signal Plans — ADVANTEC will prepare traffic signal design plan sheets at a scale of V=20'
or other City -approved format. The plan will focus on the design of the battery backup system and
incorporate minor changes found from the cursory field review to accurately show existing conditions.
The plan will show centerlines, right-of-way, existing street improvements, utilities of record, vaults,
driveways, street furniture, and all the existing traffic signal equipment, pull boxes and conduits.
Proposed new or modified facilities will be designed and shown on the drawings, with all applicable
notes and schedules. The plans will conform to the City of Diamond Bar requirements and would be
designed in the specific format required by the City to meet your approval.
Assuming the City will provide existing AutoCAD drawings at the following intersections,
1. Diamond Bar Boulevard and Pathfinder Road
2. Golden Spring Drive and Ballena Drive
and since ADVANTEC has recently completed the latest traffic signal modification plans for the
following intersections:
1. Golden Springs Drive and Brea Canyon Road
2. Golden Springs Drive and Diamond Bar Boulevard
3. Diamond Bar Boulevard and Mountain Laurel Way
ADVANTEC shall prepare as -built revision plans for the above intersections and show the necessary
construction notes as needed for the intended design.
Option: If the existing AutoCAD drawings are not available or accurate for the City provided drawings
listed above, a complete traffic signal plan shall be completed for the purposes of designing the
battery backup system and providing the City with a completed as -built plan.
Technical Specifications - The City of Diamond Bar will supply their "boiler -plate" Special Provisions
and Specifications for this project. ADANTEC will modify the specifications to fit this project.
Engineering Estimates - Estimates of probable implementation cost will be maintained throughout
the course of the design. They will be presented with the plans submittal. The estimates are prepared
using the project quantities. Unit costs for items such as standards, mast arms, conduit, pull boxes
and other such work items are all maintained in a spreadsheet and updated whenever new cost
information is available. Labor costs are based on forecast man-hours for each unit and standard
union wage rates. Contractor mark-ups are accounted for explicitly.
PS&E Submittals - ADVANTEC will prepare PS&E submittals at the following stages: 90% pre -final
and 100% final submittal on Mylar. The city's staff will be fully involved to review our PS&E to assure
that the design meets the city's requirements.
The final bid package will consist of:
• Construction plans (5) for all proposed modification work;
• Special Provisions for the project;
• Final engineer's cost estimate;
Construction Inspection and Support — ADVANTEC will provide construction inspection and
support services as necessary for the successful completion of the project. The construction support
services shall include site visits as deemed necessary during the construction phase and final
inspection of the completed construction at all five (5) locations. ADVANTEC will document and keep
records of all inquiries, responses and reports necessary for the duration of the construction. Some of
the sub -tasks for the construction support are listed below:
City of Diamond Bar 2 ADVANTEC Consulting Engineers
Proposal to Provide Traffic Engineering Design Services
Traffic Signal Design at Five Intersections for the Upgrade of Battery Backup Systems
• Attend construction kick-off meeting
• Coordinate, log and transmit material submittals/shop drawings
• Monitor disputes of design, construction and specifications and assist City in the analysis of
change orders and claims
• Prepare contract change orders if necessary
• Schedule walk through and prepare final punch list
Excluded Services
The following are the most frequent situations which may result in requests for extra work. These
situations can normally be avoided but the fee will be renegotiated if any of these conditions apply:
■ Fees for plan checking or construction inspection.
■ Any changes required in the plans after our 2nd submittal or after the plans are approved.
■ Design of new ADA -compliant curb ramps.
■ Work that is not directly related to this project; including but not limited to work at other
intersections not specified in this Scope of Services.
■ Provide daily on-site inspection services for the term of the project
■ Construction schedule that is extended beyond the assumed completion date for an unreasonable
length of time.
Any appropriate service not specifically included within our cost proposal can be negotiated as extra
work, on a cost -plus -expenses basis.
Fee Proposal
The Not -to -Exceed fee for our proposed Scope of Services is estimated as follows:
Traffic Signal As -Built Modifications (5 locations)
Construction Inspection and Support
$10,000
$6,000
Total: $16,000
Option: The Not -to -Exceed fee in the event that the supplied AutoCAD drawings at the intersections
of Golden Springs Drive/Ballena Road and Diamond Bar Boulevard/Pathfinder Road are not available
or accurate, is estimate as follows:
Traffic Signal As -Built Modifications (3 locations) $6,000
Traffic Signal As -Built Drawings (2 locations) $8,000
Construction Inspection and Support $6,000
Total: $20,000
�. City of Diamond Bar 3 ADVANTEC Consulting Engineers
CITY COUNCIL
Agenda # h 6 (h)
Meeting Date: June 16,'2009
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana
TITLE: APPROVE PLANS AND6tPECIFICATIONS AND AWARD
CONSTRUCTION CONTRACT FOR THE TRAFFIC SIGNAL
INTERCONNECT LINKS — PHASE II PROJECT IN THE AMOUNT OF
$356,258.87 TO C.T. & F., INC. AND AUTHORIZE A CONTINGENCY
AMOUNT OF $36,000.00 FOR CONTRACT CHANGE ORDERS TO BE
APPROVED BY THE CITY MANAGER, FOR A TOTAL
AUTHORIZATION AMOUNT OF $392,258.87.
RECOMMENDATION:
Approve and award.
FINANCIAL IMPACT:
As part of the Fiscal Year 2008/2009 Capital Improvement Program (CIP), $320,000.00
of Proposition C Funds, $465,000 of Prop 1B Funds, and $230,000 of General Funds
are budgeted for the Traffic Signal Interconnect Links — Phase 2 Project for a total
budget of $1,015,000. Design services were completed in Fiscal Year 2007/2008 and
the table below provides a summary of remaining project costs.
Project Cost Breakdown:
Construction
Construction Management
Total
$392,258.87
$64,313.00
$456,571.87
DISCUSSION:
Phase 11 of the Traffic Signal Interconnect Links Project will complete the network of
interconnected traffic signals along Brea Canyon Road, Diamond Bar Boulevard, and
Golden Springs Drive (See Exhibit) for the Traffic Management System (TMS). This
network of interconnected signals will provide for the data and closed circuit television
system transmission capability that is necessary to operate the TMS.
The project was advertised for bids during the month of May 2009. On June 9, 2009, the
City received the following eleven (11) bid proposals:
Company
1. Terno, Inc.
2. Moore Electric
3. Dynalectric
4. CSI Electrical Contractors, Inc.
5. Pouk & Steinle, Inc.
6. California Professional Engineering, Inc.
7. Steiny and Company, Inc.
8. Macadee Electrical
9. Christopher Morales
10. Pro Tech Engineering Corp.
11. C.T. & F., Inc.
Base Bid Amount
$526,663.00
$521,021.00
$478,725.97
$459,921.20
$455,829.50
$450,026.90
$424,453.50
$413,169.00
$399,773.50
$363,483.50
$356,258.87
The lowest responsible bid was received from C.T. & F., Inc. in the amount of
$356,258.87. Staff reviewed their bid, and verified their State Contractor's License. Staff
received favorable reviews for C.T. & F., Inc from LA County, City of Los Angeles and
Huntington Park. The project schedule is tentatively set as follows:
Award of Contract
Start Construction
Construction Complete
PREPARED BY:
Christian Malpica, Associate Engineer
REVIEWED BY:
D id G. k1u, 15irector of Public Works
Attachment: Contract Agreement
Exhibit — Interconnect Project Map
June 2009
July 2009
September 2009
Date Prepared: June 10, 2009
City of Diamond Bar
Traffic Signal Interconnect Links—Phase II
Phase II Locations:
• Brea Canyon Road, Silver Bullet Drive to
Diamond Bar Boulevard
• Brea Canyon Cutoff, Oakcrest Drive to
Southbound SR 57 Ramps
• Diamond Bar Boulevard, Southbound SR
57 Ramps to Cold Spring Lane
• Brea Canyon Road, Gerndahl Street to
Washington Street
• Bridge Gate Drive, 1600 Bridge Gate Drive Z11
to Gateway Center Drive
• Temple Avenue, Diamond Bar Boulevard
to Golden Springs Drive i
• Golden Springs Drive, High Knob Road to ab
Temple Avenue �' .
®m
t,
.d
it �'�� mmR+•R'�°*
Legend:
Phase II
NORTH
AGREEMENT
The following agreement is made and entered into, in duplicate, as of the
date executed by the Mayor and attested to by the City Clerk, by and between
C.T. & F., Inc. hereinafter referred to as the "CONTRACTOR" and the City of
Diamond Bar, California, hereinafter referred to as "CITY."
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids
were received, publicly opened, and declared on the date specified in the notice;
and
WHEREAS, City did accept the bid of CONTRACTOR C.T. & F., Inc. and;
WHEREAS, City has authorized the Mayor to execute a written contract
with CONTRACTOR for furnishing labor, equipment and material for the Traffic
Signal Interconnect Links — Phase 2 in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, it is agreed:
1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all
necessary labor, tools, materials, appliances, and equipment for and do the work
for the Traffic Signal Interconnect Links — Phase 2 in the City of Diamond Bar.
The work to be performed in accordance with the plans and specifications dated
May 1, 2009 (The Plans and Specifications) on file in the office of the City Clerk
and in accordance with bid prices hereinafter mentioned and in accordance with
the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLE-
MENTARY: The Plans and Specifications are incorporated herein by reference
and made a part hereof with like force and effect as if set forth in full herein. The
Plans and Specifications, CONTRACTOR'S Proposal dated June 8, 2009,
together with this written agreement, shall constitute the contract between the
parties. This contract is intended to require a complete and finished piece of
work and anything necessary to complete the work properly and in accordance
with the law and lawful governmental regulations shall be performed by the
CONTRACTOR whether set out specifically in the contract or not. Should it be
ascertained that any inconsistency exists between the aforesaid documents and
this written agreement, the provisions of this written agreement shall control.
3. TERMS OF CONTRACT
The CONTRACTOR agrees to complete the work within seventy-
five 75 calendar days from the date of the notice to proceed.
The CONTRACTOR agrees further to the assessment of liquidated
damages in the amount of five hundred ($500.00) dollars for each calendar day
the work remains incomplete beyond the expiration of the completion date. City
may deduct the amount thereof from any monies due or that may become due
the CONTRACTOR under this agreement. Progress payments made after the
scheduled date of completion shall not constitute a waiver of liquidated damages.
4. INSURANCE: The CONTRACTOR shall not commence work
under this contract until he has obtained all insurance required hereunder in a
company or companies acceptable to City nor shall the CONTRACTOR allow
any subcontractor to commence work on his subcontract until all insurance
required of the subcontractor has been obtained. The CONTRACTOR shall take
out and maintain at all times during the life of this contract the following policies
of insurance:
a. Workers' Compensation Insurance: Before beginning work,
the CONTRACTOR shall furnish to the City a certificate of
insurance as proof that he has taken out full workers'
compensation insurance for all persons whom he may
employ directly or through subcontractors in carrying out the
work specified herein, in accordance with the laws of the
State of California. Such insurance shall be maintained in
full force and effect during the period covered by this
contract.
In accordance with the provisions of Section 3700 of the
California Labor Code, every CONTRACTOR shall secure
the payment of compensation to his employees. The
CONTRACTOR, prior to commencing work, shall sign and
file with the City a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for workers' compensation or to undertake self
insurance in accordance with the provisions of that Code,
and I will comply with
such provisions before commencing the performance of
work of this contract."
b. For all operations of the CONTRACTOR or any sub-
contractor in performing the work provided for herein,
insurance with the following minimum limits and coverage:
1) Public Liability - Bodily Injury (not auto) $500,000
each person; $1,000,000 each accident.
2) Public Liability - Property Damage (not auto)
$250,000 each person; $500,000 aggregate.
3) CONTRACTOR'S Protective - Bodily Injury $500,000
each person; $1,000,000 each accident.
4) CONTRACTOR'S Protective - Property Damage
$250,000 each accident; $500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each person;
$1,000,000 each accident.
6) Automobile - Property Damage $250,000 each
accident_
c. Each such policy of insurance provided for in paragraph b.
shall:
1) Be issued by an insurance company approved in
writing by City, which is admitted to do business in the
State of California.
2) Name as additional insured the City of Diamond Bar,
its officers, agents and employees, and any other
parties specified in the bid documents to be so
included;
3) Specify it acts as primary insurance and that no
insurance held or owned by the designated additional
insured shall be called upon to cover a loss under the
policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy
may not be canceled nor the amount of the coverage
thereof reduced until thirty (30) days after receipt by
City of a written notice of such cancellation or
reduction of coverage as evidenced by receipt of a
registered letter."
5) Otherwise be in form satisfactory to the City.
d. The policy of insurance provided for in subparagraph a. shall
contain an endorsement which:
1) Waives all right of subrogation against all persons and
entities specified in subparagraph 4.c.(2) hereof to be
listed as additional insureds in the policy of insurance
provided for in paragraph b. by reason of any claim
arising out of or connected with the operations of
CONTRACTOR or any subcontractor in performing
the work provided for herein;
2) Provides it shall not be canceled or altered without
thirty (30) days' written notice thereof given to City by
registered mail.
e. The CONTRACTOR shall, within ten (10) days from the date
of the notice of award of the Contract, deliver to the City
Manager or his designee the original policies of insurance
required in paragraphs a. and b. hereof, or deliver to the City
Manager or his designee a certificate of the insurance
company, showing the issuance of such insurance, and the
additional insured and other provisions required herein.
5. PREVAILING WAGE: Notice is hereby given that in
accordance with the provisions of California Labor Code, Division 2, Part 7,
Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than
the general prevailing rate of per diem wages for work of a similar character in
the locality in which the public works is performed, and not less than the general
prevailing rate of per diem wages for holiday and overtime work. In that regard,
the Director of the Department of Industrial Relations of the State of California is
required to and has determined such general prevailing rates of per diem wages.
Copies of such prevailing rates of per diem wages are on file in the Office of the
City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar,
California, and are available to any interested party on request. City also shall
cause a copy of such determinations to be posted at the job site.
The CONTRACTOR shall forfeit, as penalty to City, not more than
twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for
each calendar day or portion thereof, if such laborer, workman or mechanic is
paid less than the general prevailing rate of wages hereinbefore stipulated for
any work done under this Agreement, by him or by any subcontractor under him.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the
provisions of Section 1777.5 of the Labor Code, and in accordance with the
regulations of the California Apprenticeship Council, properly indentured
apprentices may be employed in the performance of the work.
The CONTRACTOR is required to make contribution to funds established
for the administrative of apprenticeship programs if he employs registered
apprentices or journeymen in any apprenticeable trade on such contracts and if
other CONTRACTOR'S on the public works site are making such contributions.
The CONTRACTOR and subcontractor under him shall comply
with the requirements of Sections 1777.5 and 1777.6 in the employment of
apprentices.
Information relative to apprenticeship standards, wage schedules
and other requirements may be obtained from the Director of Industrial Relations,
ex -officio the Administrator of Apprenticeship, San Francisco, California, or from
the Division of Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall
constitute a legal day's work for all workmen employed in the execution of this
contract, and the CONTRACTOR and any sub -contractor under him shall comply
with and be governed by the laws of the State of California having to do with
working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor
Code of the State of California as amended.
The CONTRACTOR shall forfeit, as a penalty to City, twenty-five
dollars ($25.00) for each laborer, workman or mechanic employed in the
execution of the contract, by him or any sub- CONTRACTOR under him, upon
any of the work hereinbefore mentioned, for each calendar day during which the
laborer, workman or mechanic is required or permitted to labor more than eight
(8) hours in violation of the Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to
pay travel and subsistence pay to each workman needed to execute the work
required by this contract as such travel and subsistence payments are defined in
the applicable collective bargaining agreements filed in accordance with Labor
Code Section 1773.8.
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its
officers, agents and employees ("Idemnitees") shall not be answerable or
accountable in any manner for any loss or damage that may happen to the work
or any part thereof, or for any of the materials or other things used or employed
in performing the work; or for injury or damage to any person or persons, either
workmen or employees of the CONTRACTOR, of his subcontractor's or the
public, or for damage to adjoining or other property from any cause whatsoever
arising out of or in connection with the performance of the work. The
CONTRACTOR shall be responsible for any damage or injury to any person or
property resulting from defects or obstructions or from any cause whatsoever.
The CONTRACTOR will indemnify Indemnitees against and will
hold and save Indemnitees harmless from any 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 or in connection with the work, operation, or activities
of the CONTRACTOR, his agents, employees, subcontractors or invitees
provided for herein, whether or not there is concurrent passive or active
negligence on the part of City. In connection therewith:
a. The CONTRACTOR will defend any action or actions filed in
connection with any such claims, damages, penalties,
obligations or liabilities and will pay all costs and expenses,
including attorneys' fees incurred in connection therewith.
b. The CONTRACTOR will promptly pay any judgment
rendered against the CONTRACTOR or Indemnitees
covering such claims, damages, penalties, obligations and
liabilities arising out of or in connection with such work,
operations or activities of the CONTRACTOR hereunder,
and the CONTRACTOR agrees to save and hold the
Indemnitees harmless therefrom.
C. In the event Indemnitees are made a party to any action or
proceeding filed or prosecuted against the CONTRACTOR
for damages or other claims arising out of or in connection
with the work, operation or activities hereunder, the
CONTRACTOR agrees to pay to Indemnitees and any all
costs and expenses incurred by Indemnitees in such action
or proceeding together with reasonable attorneys' fees.
So much of the money due to the CONTRACTOR under and by
virtue of the contract as shall be considered necessary by City may be retained
by City until disposition has been made of such actions or claims for damages as
aforesaid.
This indemnity provision shall survive the termination of the
Agreement and is in addition to any other rights or remedies which Indemnitees
may have under the law.
This indemnity is effective without reference to the existence or
applicability of any insurance coverages which may have been required under
this Agreement or any additional insured endorsements which may extend to
Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or
through it, hereby waives all rights of subrogation and contribution against the
Indemnitees, while acting within the scope of their duties, from all claims, losses
and liabilities arising our of or incident to activities or operations performed by or
on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent
active or passive negligence by the Indemnitees.
10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735,
no discrimination shall be made in the employment of persons in the work
contemplated by this Agreement because of the race, color or religion of such
person. A violation of this section exposes the CONTRACTOR to the penalties
provided for in Labor Code Section 1735.
11. CONTRACT PRICE AND PAYMENT: City shall pay to the
CONTRACTOR for furnishing all material and doing the prescribed work the unit
prices set forth in the Price Schedule in accordance with CONTRACTOR'S
Proposal dated June 9, 2009.
12. TERMINATION: This agreement may be terminated by the City,
without cause, upon the giving of a written "Notice of Termination" to
CONTRACTOR at least thirty (30) days prior to the date of termination specified
in the notice. In the event of such termination, CONTRACTOR shall only be paid
for services rendered and expenses necessarily incurred prior to the effective
date of termination.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with
all the formalities required by law on the respective dates set forth opposite their
signatures.
State of California "CONTRACTOR'S" License No. 182572
C.T. & F., Inc.
7228 Scout Avenue
Bell Gardens, Ca 90201
Date By:
Date
Date
TITLE
CITY OF DIAMOND BAR, CALIFORNIA
Ron Everett, MAYOR
ATTEST:
By:
CITY CLERK
CONTRACTOR'S Business Phone (562) 927-2339
Emergency Phone at which CONTRACTOR can be reached at any time
APPROVED AS TO FORM:
CITY ATTORNEY
Date
Emergency Phone at which CONTRACTOR can be reached at any time
APPROVED AS TO FORM:
CITY ATTORNEY
Date
i
D }1 ND BAIR
DEPARTMENT OF
PUBLIC WORKS
CITY OF DIAMOND BAR "
CALIFORNIA
OFFICIAL NOTICE
TRAFFIC SIGNAL INTERCONNECT LINKS - PHASE 2
PROJECT
PROJECT NO. 23208
ADDENDUM No. I
The following changes to the Contract Documents for the above project shall be incorporated
into the Contract Documents and Specifications as part of this project.
The Contractor shall sign this page as acknowledgement of receipt of Addendum No. 1 and
attach it to the bid.
'City E sneer Date
Contractor's Authorized Signature
CITY OF DIAMOND BAR
ADDENDUM No. 1
The Bid Opening Date is hereby extended to 10:00 AM on Tuesday, June 9, 2009. The
specifications shall be modified as identified below on page 1 of the specifications.
RECEIPT OF BIDS: Sealed bids will be received at the office of the City Clerk, City
Hall, Diamond Bar, California, until 10:00 o'clock a.m. on Tuesday, June 9, 2009 for
the furnishing of all labor, materials and equipment for the work. The words "Bid: City
of Diamond Bar, Traffic Signal Interconnect Links — Phase 2 Project to be opened at
10:00 o'clock a.m. on June 9, 2009" shall appear on the envelope of each sealed bid and
each sealed envelope shall be addressed to the City Clerk, City Hall, Diamond Bar,
California 91765. The bids will be publicly opened and read in the City Hall, Diamond
Bar, California, at 10:00 o'clock a.m. on June 9, 2009.
r
BID
FOR TRAFFIC SIGNAL INTERCONNECT LINKS — PHASE 2
Date JUnt 9 , 2009
To the City Council of the City of Diamond Bar:
The Undersigned hereby declares:
(a) That the only persons or parties interested in this bid as principals are the
is ; , .Y- - . '.-'3a__ r -.I---J f-).
Of the bidder is a corporation, give the name of the corporation and the name of its president,
secretary, treasurer, and manager. If a co -partnership, give the name under which the co-
partnership does business, and the names and addresses of all co-partners. If an individual, state
the name under which the contract is to be drawn.)
(b) That this bid is made without collusion with any person, firm or corporation.
(c) That he has carefully examined the location of the proposed work and has familiarized
himself with all of the physical and climatic conditions, and makes this bid solely upon his
own knowledge.
(d) That by submitting this Bid, he acknowledges receipt and knowledge of the contents of
those communications sent by the City of Diamond Bar to him at the address furnished by
him to the City of Diamond Bar when this bid form was obtained.
(e) That he has carefully examined the specifications, both general and detail, and the
drawings attached hereto, and communications sent to him as aforesaid, and makes this bid
in accordance therewith.
(f) That, if this bid is accepted he will enter into a written contract for the performance of the
proposed work with the City of Diamond Bar.
(g) That he proposes to enter into such Contract and to accept in full payment for the work
actually done thereunder the prices shown in the attached schedule. It is understood and
agreed that the quantities set forth are estimates and that the unit prices will apply to the
actual quantities whatever they may be.
Accompanying this bid is a certified or cashier's check o bidder's bond payable to the
order of the City of Diamond Bar in the sum of
iQ% of th(, ` "i- ( bid I.tUVIt DOLLARS ($ l0% of total Maid.
Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound
surety company authorized to transact business in this state.
It is understood and agreed that should the bidder fail within ten days after award of
contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said
check, or bidder's bond, shall become the property of the City of Diamond Bar, but if this
Contract is entered into and said bonds are furnished, or if the bid is not accepted then said check
shall be returned to the undersigned, or the bidder will be released from the bid bond.
?zz8 Scoot- Avu
Address of Bidder
,Ott( G61rd,05 gpZOI
City Zip Code
Telephone of Bidder
---90 or-�-
w
Signature of Bidder
BID SCHEDULE
FOR TRAFFFIC SIGNAL INTERCONNECT LINKS — PHASE 2
In accordance with specifications therefore approved by the City Council of the City of Diamond
Bar the undersigned bidder is herewith submitting the following bid prices for the performance
of the entire work as described in these specifications and attached drawings subject to furnishing
all materials.
10
UNIT
ITEM
ITEM
PRICE
ITEM TOTAL
NO.
DESCRIPTION
QUANTITY
UNIT
fi g(in
ures)
(in figures)
Dollars
Dollars Cents
Cents
IA
Furnish & install 2"
14,360
L.F.
13.14
Conduit
1B
Furnish & install 1.5"
730
L.F.
9-38"
4,9-UVAa
Conduit
1C
Furnish & install 3"
130
L.F.
?8=4`1
3,4'17.7-0
Conduit
2
Furnish & install No. 6
40
Each
5.65
23, 226.60
pullbox
Furnish & replace
3
existing pull -box with No.
1
Each
1, 267.on
►, Z67 Oct
6 or No. 6E
4
Fumish & install 12
1,195
L.F.
2.01
Z,N01.g5
SWO cable
5
Furnish & install 24
7,680
L.F.
i.0
12,%i5.40
SMFO cable
Fumish & install 1 —12
6
pair#19 interconnect
11,240
L.F.
7•39
Z6,863_40
cable
7
Install 1 DLC cable
235
L.F.
3.23
759.0$
between controller & loo
8
Intercept, rework &
10
Each
S $'-2
�j,�?4-bD
extend existin conduit
9
Remove existing pullbox
join
3
Each
S76.67
1,�30'0l
& conduits
10
Replace pullbox & ells
2
Each
(JS* - W
with No. 6 pullbox & ells
Furnish & install No. 6E
11
pullbox & 2" conduit to
15
Each
q 2.g:67
13,q% oS
adjacent pullbox.
12
Furnish & install fiber
5i4.��
optic slice closure
10
BID SCHEDULE (Continued)
FOR TRAFFIC SIGNAL INTERCONNECT LINKS — PHASE 2
11
UNIT
ITEM
PRICE
ITEM TOTAL
NO.
ITEM DESCRIPTION
QUANTITY
UNIT
(in
(in(in figures)
Dollars Cents
Dollars
Cents
Furnish & install cabinet
13
mount interface center &
4
Each
Li
'3oS
terminate 12 SMFO
Furnish & install No. 6
14
pullbox & 1.5" detector
4
Each
-7&` ��
s�+
stubout
15
Enter existing pullbox
5
Each
with new conduits`'
Furnish & install new
16A
Type M160-50
interconnect termination
4
Each
C
y �0
assembly
Remove and/or salvage
16B
existing communications
12
Each
8 �
1 r 'Zj
anel
Install salvaged
16C
communications panel
assembly & terminate
10
Each
1 \` j . Li O
&q
cable(s)
Furnish & install new
16D
communications panel
assembly & terminate
5
Eachr��
to .qr L)
�
4 � i -1
cable(s)
17
Terminate interconnect
cables
12
Each
7-Lq 00
:5 11Q
Enter existing pull box
18
with conduit. Install DLC
in new conduit & splice to
3
Each
(:770.
Z� 010a qCj
loo (s
Furnish & install Type
332 traffic signal con -
19
troller cabinet assembly at
1
Each
�r ��
�i1
Brea Canyon Rd. & SR 60
Westbound Ramps
11
BID SCHEDULE (Continued)
FOR TRAFFIC SIGNAL INTERCONNECT LINKS — PHASE 2
Total Bid Amount in Words:,ree'��nd�cl l, S;k }we, inrrd
6�1A4- doltur$ e,nj Ggtikj Sevc*� Ga��S
Bid price indicated refers to all items illustrated on plans and details, and delineated within
specifications installed and completely in place in accordance with all applicable portions of the
construction documents and include all costs connected with such items including, but to
necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for
General Contractor and Subcontractors.
All work called for on the construction documents are to provide a completed project with all
systems operating properly and ready for use.
The undersigned further agrees that in case of default in executing the required contract, with
necessary bond, within ten (10) days, not including Sundays and legal holidays, after having
received notice that the contract has been awarded and is ready for signature, the proceeds of the
security accompanying his bid shall become the property of the City of Diamond Bar, and this
bid and the acceptance thereof may be considered null and void.
12
UNIT
ITEM
ITEM
PRICE
ITEM TOTAL
NO.
DESCRIPTION
QUANTITY
UNIT
(in
figures)
(in figures)
Dollars
Dollars Cents
Cents
Furnish & install Type
332 traffic signal con-
20
troller cabinet with
auxiliary load bay
1
Each
3d5�
�, 305.60
assembly at Brea Canyon
Rd. & Golden Springs Dr.
Furnish & install Type III
21
signal service and battery
1
Each
tt, 2J 3,06
1`,213
backiup system
22
Furnish & install "Best"
22
Each
J'nz?
'L, -9`f
locks in existing cabinets
23
Construct sidewalk
306
S.
3,451_G*-
24
Mobilization & Bonding
Lump Sum
L.S.
9,22 •�
y4#215.0o
TOTAL BID AMOUNT (Items 1 through 24)
31y Z5Fr Fr%
Total Bid Amount in Words:,ree'��nd�cl l, S;k }we, inrrd
6�1A4- doltur$ e,nj Ggtikj Sevc*� Ga��S
Bid price indicated refers to all items illustrated on plans and details, and delineated within
specifications installed and completely in place in accordance with all applicable portions of the
construction documents and include all costs connected with such items including, but to
necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for
General Contractor and Subcontractors.
All work called for on the construction documents are to provide a completed project with all
systems operating properly and ready for use.
The undersigned further agrees that in case of default in executing the required contract, with
necessary bond, within ten (10) days, not including Sundays and legal holidays, after having
received notice that the contract has been awarded and is ready for signature, the proceeds of the
security accompanying his bid shall become the property of the City of Diamond Bar, and this
bid and the acceptance thereof may be considered null and void.
12
6"7", e F, J47.
NAME OF BIDDER (PRINT)
p
DATE
Ing S000t Ave -
ADDRESS
Oell 6-arde45 qe) o -,o 1 (6-&7)
CITY ZIP CODE TELEPHONE
STATE CONTRACTOR LICENSE NO. - CLASSIFICATION -
S.
�3C�-ze«
RTIOI DATE
I declare under penalty of Perjury of the laws of the State of California that the representations
made herein are true and correct in accordance with the requirements of California Business and
Professional Code Section 7028.15.
CONTRACTOR SIGNAL
OFFICER
13
LIST OF SUBCONTRACTORS*
BID OPENING DATE &Z110 I
If I
PROJECT ,Y'e2 1`� si(at7al
LOCATION 6Ia riou_s loo Cif l oa5 ; tq P;af%�loll� Cts
CLIENT C t f y of 'Pidinea Kir
CONTRACTOR
Name Under Which
Subcontractor is
Licensed
License No.
Address of Office,
Mail, or Shop
Percent of
Total
Contract
Specific Description of
Bid Item
�bJJ•�tize,V.,Ok,
J).! , A . 1+4 b"
>��
J Yom'
wits_5-01•4L�G
i N ISA 1Y. CA
•/
� 5
��i
�"i �i�l�:� a 1;��✓�
* Any subcontractor doing work in excess of one-half (1/2) of one percent (1%) of the total bid or ten
thousand dollars ($10,000) whichever is greater, shall be designated on this form.
14
DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1: Public Contract Code Section 61091
The undersigned, a duly authorized representative of the contractor, certifies and declares that:
The contractor is aware of Sections 1771.1 and 1777.7 of the California Labor Code, which
prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the
Director of Industrial Relations to be in violation of certain provisions of the Labor Code
from bidding on, being awarded, or performing work as a subcontractor on a public works
project for specified periods of time.
2. The contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a
public works project by virtue of the foregoing provisions of Sections 1771.1 or 1777.7 of the
California Labor Code or any other provision of law.
3. The contractor is aware of California Public Contract Code Section 6109, which states:
(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not
permit a contractor or subcontractor who is ineligible to bid or work on, or be
awarded, a public works project pursuant to Section 1771.1 or 1777.7 of the Labor
Code to bid on, be awarded or perform work as a subcontractor on a public works
project. Every public works project shall contain a provision prohibiting a
contractor from performing work on a public works project with a subcontractor
who is ineligible to perform work on the public works project pursuant to Section
1771.1 or 1777.7 of the Labor Code.
(b) Any contract on a public works project entered into between a contractor and a
debarred subcontractor is void as a matter of law. A debarred subcontractor may
not receive any public money for performing work as a subcontractor on a public
works contract, and any public money that may have been paid to a debarred
subcontractor by a contractor on the project shall be returned to the awarding
body. The contractor shall be responsible for the payment of wages to workers of
a debarred subcontractor who has been allowed to work on the project.
4. The contractor has investigated the eligibility of each and every subcontractor the contractor
intends to use on this public works project, and determined that none of them is ineligible to
perform work as a subcontractor on a public works project by virtue of the foregoing
provisions of the Public Contract Code Sections 1771.1 or 1777.7 of the Labor Code, or any
other provision of law.
15
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct. Executed this day of 3; ; fit e7 , 2009, at
X31' (J'tt'f�1 (place of execution).
Signature
Name: odd 14 Or!iTitle: VA
Name of�Com.•,pany ?
L a
16
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
Project Identification: Traffic Signal Interconnect Links - Phase 2
Bid Date: May 27, 2009
This information must include all construction work undertaken in the State of California by the
bidder and any partnership, joint venture or corporation that any principal of the bidder
participated in as a principal or owner for the last five calendar years and the current calendar
year prior to the date of bid submittal. Separate information shall be submitted for each
particular partnership, joint venture, corporation or individual bidder. The bidder may attach any
additional information or explanation of data which he would like taken into consideration in
evaluating the safety record. An explanation must be attached of the circumstances surrounding
any and all fatalities.
ITEM
5 CALENDAR YEARS
PRIOR TO CURRENT YEAR
CURRENT
YEAR
2004
2005
2006
2007
2008
TOTAL
No. of contracts
�'j
j �,
jZ
l q �
Total dollar amount of contracts
(in 1000's)
y] y/y
! l 5
Yj[�
YZ 1-4 �
/ �J
TV !
)/��
r lJ1N
j
1
/� �]
�V l q
j
1p q6
No. of fatalities`
�
lr
No. of lost workday cases
c�
�,
2t�
55
7
No, of lost work day cases
involving permanent transfer to
another job or termination of
employment
0
J�
e
�^
No. of lost workdays
2-
3
2-0
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary Occupational Injuries and Illnesses, OSEA No. 102.
The above information was complied from the records that are available to me at this time and I
declare under penalty of perjury that the information is true and accurate within the limitations of
these records.
Name of Bidder (Print)
g Z�r ;s00or AV41,
Address
Edl &-mdu�
City
Signature
State Contractors' License Number & Class.
ezoml (5W&1r?y- -/
Zip Code Telephone
17
AFFIDAVIT FOR CO -PARTNERSHIP FIRM
.TE OF CALIFORNIA
)SS
OF LOS ANGELES
being first duly
sworn, deposes\nd says:
That he is a rhember of the co -partnership firm designated as
which is the party making Ne foregoing bid or bid; that such bid is genuine and not collusive or
sham; that said bidder has n colluded, conspired, connived or agreed, directly or indirectly,
with any other bidder or person put in a sham bid or that such other person shall refrain from
bidding; and has not in any mann ought by collusion to secure any advantage against the City
of Diamond Bar or any person inter ted in the proposed contract, for himself or for any other
person.
That he has been and is duly vested` i authority to make and sign instruments for the
co -partnership by
who constitute the other members of the co -partnership.
Signature
Subscribed and sworn to before me this
day of
F7
Signature of Officer Administering oath (No ry Public)
18
AFFIDAVIT FOR CORPORATION BIDDER
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
being first duly
sworn, deposes and says:
of,
a corporation which is the party making the foregoing bid or bid; that such bid is genuine and not
collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or
indirectly, with any other bidder or person to put in a sham bid or that such other person shall
refrain from bidding; and has not in any manner sought by collusion to secure any advantage
against the City of Diamond Bar or any person interested in the proposed contract, for himself or
for any other person.
Signature I --
Subscribed and sworn to before me this
day of 20
Signature of Officer Administering oath (Notary Public)
19
Jurat
State of California
Countyof Los Av)arle,,
Subscribed and sworn to ��before me on this 43}h day of ::�� me ,
2000-\ by A S 1
proved to me on the basis of satisfactory evidence to be the perso 0who appeared before me.
Signature (Notary seat)
ADAM HERRERA JR.
Commission # 1787182
Notary Public - California
Los Angeles County
w!*C27,2011 r
OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages —7—Document Date----.,x—
(Additional
ate -ra--
(Additional information)
INSTRUCTIONS FOR COMPLETING THIS FORM
Any Jurat completed to California must contain verbiage that indicates the
notary public either personally knew the document signer (afant) or that the
identity was satisfactorily proven to the notary with acceptable identification
in accordance with California notary law. Anyjurat completed in California
which does not have such verbiage must have add the wording either with a
jurat stamp or with a jurat form which does include proper wording. There
are no exceptions to this law for any jurat performed in California. In
addition, the notary must require an oath or affirmationfrom the document
signer regarding the truthfulness of the contents of the document. The
document must be signed AFTER the oath or affirmation. If the document was
previously signed, it must be re-signed in front of the notarypublic during the
jurat process.
• State and County information must be the State and County where the
document signer(s) personally appeared before the notary public.
• Date of notarization must be the date that the signer(s) personally appeared
which must also be the same date the jurat process is completed.
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Signature of the notary public must match the signature on file with the office
of the county clerk.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different jurat form.
It Additional information is not required but could help to ensure this
jurat is not misused or attached to a different document.
Indicate title or type ofartached document, number ofpages and date.
• Securely attach this document to the signed document
2008 Version CAPA vl.9.07 800-873-9865 www.NotaryC]asses.com
AFFIDAVIT FOR INDIVIDUAL BIDDER
STATEO CALIFORNIA )
)SS
COUNTY OF OS ANGELES )
being first duly
sworn, deposes and say .
That he is the party makinge foregoing bid or bid; that such bid is genuine and not collusive or
sham; that said bidder has no colluded, conspired, connived or agreed, directly or indirectly,
with any other bidder or person \intered
sham bid or that such other person shall refrain from
bidding; and has not in any manby collusion to secure any advantage against the City
of Diamond Bar or any person in the proposed contract, for himself or for any other
person.
Subscribed and sworn to before me this
day of
Signature of Officer
Signature
20
oath (Notary Public)
20
AFFIDAVIT FOR JOINT VENTURE
STATE OFIFORNIA )
)SS
COUNTY OF L ANGELES )
being first duly
sworn, deposes and says:
That he is
of,
one of the parties submitting the f egoing bid as a joint venture and that he has been and is duly
vested with the authority to make sign instruments for and on behalf of the parties making
said bid who are:
that such bid is genuine and not collusive or sham; that aid bidder has not colluded, conspired,
connived or agreed, directly or indirectly, with any other b der or person to put in a sham bid or
that such other person shall refrain from bidding; and has no 'n any manner sought by collusion
to secure any advantage against the City of Diamond Bar or any erson interested in the proposed
contract, for himself or for any other person.
Signature
Subscribed and sworn to before me this
day of
20
Signature of Officer Administering oath (Notary�Rublic)
tA
FIA
21
BID BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE C.T.&F., IN
as Principal, and
SURETEC INSURANCE COMPANY
as Surety, are held and finely bound unto the City of Diamond Bar in the sum to ten percent
(10%) of the total amount of the bid of the Principal above named, to be paid to the said City or
its certain attorney, its successors and assigns; for which payment will and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and
severally, firmly by these presents.
In no case shall the liability of the surety hereunder exceed the sutra of TEN PERCENT OF
AMOUNT BID 10%
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted
the above mentioned bid to the City of Diamond Bar for certain construction specifically
described as follows, for which bids are to be opened at Diamond Bar City Hall on May 27,
20D9, for the Traffic Sinal Interconnect Links - Phase 2.
NOW, THEREFORE, if the aforesaid Principal is awarded the Contract, anal within the time and
manner required under the specifications, after the prescribed forms are presented to him for
signature, enters into a written contract, in the prescribed form in accordance with the bid, and
files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and
other to guarantee payments for labor and materials, as required by law, then this obligation shall
be null and void; otherwise it shall remain in full force and effect. In the event shit is brought
upon this bond by the obligee and judgment is recovered, the Surety shall pay all costs incurred
by the City in such suit, including a reasonable attorney's fees to be fixed by the Court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 5TH
day of JUNE , 2009.
C.T.&F., INC. (SEAL)
PRINCIP
SIGNATURE A LE
SURETEC INSURANCE CO A Y (SEA.L)
SURETY it
PHILIP VELA, ATTORN (in -FACT
NOTE: Signatures of those executing for the Surety must be property acknowledged,
Pon ti: 510003
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Alen by These Presents, That SURETLC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, 'Texas, does by these presents
male, constitute and appoint
Philip E. Vega, Frank Morones
of Covina, CA its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of conh-acts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars and no/100 ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seat of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attontey(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 10/31/09 and is made' under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby tested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Pact to represent and act for and on
khalf'ofthe Company subject to the following provisions:
Attor•nev-in-Fuel may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recogni7ances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -f=act shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary,
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate hearing facsimile signature or facsimile seal shall be valid
and binding upon the Company i+pith respect to any bond or undertaking to which it is attached. (11dopted at a meeting !veld on 20i1' ol',4pril,
1999-)
In Witness H'hereoj, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
t&jIRCTEC I �URANCE COMPANY
By. e t
!y= B.J. Ki g, resid
State of'1'nxas ss: tt�a•:y �`� 0;1 •;f ��
County of Harris
On this 20th day of June, A.D. 2005 before me personally carne B.J. King, to me known, who, being by ine duly sworn, did depose and say, that tie
iesides in Houston, Texas, that lie is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument: that he knows the seat of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that lie signed his name thereto by like order.
Michelle Denny
�,avrtr Notary Public /��}n / , n n �p
4 Slate of Texas i t' 1�IW I Cit tJCi i✓tii� ,
My Corninisslon Expires Michelle Denny, Notary PU lic
August 2y, 2008 My commission expires August 27, 2008
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certity that the above and foregoing is a true and correct copy
ot'a Power of Attorney, executed by said Company, which is stilt in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 5TH day JUNE 7009 1 A.D-
Brent Bea ssistant Sec tory
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On 6/5/09 before me, Monica Blaisdell, Notary
Dale Flere Insert Name a"Critre of the officer
personally appeared Philip Vt?ga Nemo(s)of &gnes(s)
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(o whose name%) is/AW subscribed to the
within instrument and acknowledged to me that
hele/f,executed the same in his/,r/y(authorized
capactty(WXX and that by his/jtsignature4ikon the
instrument the personl ), or the entity upon behalf of
which the person(x) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal. ,,� ,,��11 �� nn
Signature bt&k, -P
Signature of Notary Public
OPTIONAL
Though the information below Is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of Ibis form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(G) Other Than Named Above:
Capacity(lies) Claimed by Signer(s)
Signer's Name:
0 'Individual
0 Corporate Officer–Title(s):
0 Partner — 0 Limited J General
L7 Attorney in Fact
G Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing,
RIGHT THUBRBPRINT
OF SIGNER
Top of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Tltle(s): _
❑ Partner — ❑ Limited 0 General
❑ Attorney in Fact
D Trustee
❑ Guardian or Conservator
C Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNSR
-Tcp of thumb here
oakum"" 114 K
02007 National Notary Associaion• 9350 De Soto Ave, P.O. Box 2402•C1bats ., CA 91313-2402•vrNw.Nafioralllotatyorg Item*5907 Aeorden Catl Tall-Fro:1-800 7&6827
•.
MONICA BLAISDELL
# 1794078
t
Commission
Notary Public - California €
Orange County
`� �:•�
1.
WComni. Expires Naar 26, 2012
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(o whose name%) is/AW subscribed to the
within instrument and acknowledged to me that
hele/f,executed the same in his/,r/y(authorized
capactty(WXX and that by his/jtsignature4ikon the
instrument the personl ), or the entity upon behalf of
which the person(x) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal. ,,� ,,��11 �� nn
Signature bt&k, -P
Signature of Notary Public
OPTIONAL
Though the information below Is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of Ibis form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(G) Other Than Named Above:
Capacity(lies) Claimed by Signer(s)
Signer's Name:
0 'Individual
0 Corporate Officer–Title(s):
0 Partner — 0 Limited J General
L7 Attorney in Fact
G Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing,
RIGHT THUBRBPRINT
OF SIGNER
Top of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Tltle(s): _
❑ Partner — ❑ Limited 0 General
❑ Attorney in Fact
D Trustee
❑ Guardian or Conservator
C Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNSR
-Tcp of thumb here
oakum"" 114 K
02007 National Notary Associaion• 9350 De Soto Ave, P.O. Box 2402•C1bats ., CA 91313-2402•vrNw.Nafioralllotatyorg Item*5907 Aeorden Catl Tall-Fro:1-800 7&6827
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of LOS ANGELES
On June 8, 2009 before me, ADAN HERRERA TR., NOTARY PUBLIC
(Here insert name and title of the officer)
personally appeared
TODD SIMMONS
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(.} is liare subscribed to
the within instrument and acknowledged to me that he,lshe(They executed the same in his/her-/theii authorized
capacity#e4, and that by his/ signature(s) on the instrument the person(.), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
arr.�sirr•rrr _ _ — — — — — —
ADAN HERRERA JR.
Commission # 1787182
Notary Public • California
Los Angeles County
(Ne*CorTmB0wDec27.2011
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description ofattached document—nued)
Number of Pages -4--Smument Date
(Additional Information)
CAPACITY CLAIMED BY TH
11
Corporate Officer
Vice -President
(Tide)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Othe
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears avove in the notary section or a separate acicnowieagmenr form must oe
property corapietea ana atracnea to tear aocumenr. i ne omy exception is ir a
aocument is to oe recoraea outsiae of urtijornra. in sucn instances, anyairernanve
acicnowteagmem veroiage as may oe prinrea on sucn a document so iong as the
vermage noes not require the notary to ao sometning rnat is mega[ jor a notary in
tatljornta (i.e. cernjtjing the autnonzea capacity of the signer). lease checic the
aocumenr carejuuy jor proper noranat woraing ana arracn tuts jorm ij requirea.
• State and County uifonnation must be the State and County when the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(.) personally app.—d which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within hu or her
aimmsssionfollowed by a comma and then your title (notary public).
• Print the names) of document signers) who personally, appear at the time of
notarization
• Indicate the correct singiilar or plural torsos by x—mg off -correct forms (re.
He/she/they, is/ are) or circling the correct forms. Failure to correctly indicate this
mformattonmay lead to raja tion of the d—ent recording.
• The notary seal u npressionmust be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient are permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature onfile with the office of
the coi-ty Berk.
♦ Additional informaton Is not required but could help to ensure this
acknowledgment Is not misused or attached to a different document
♦ Indicate title or type of attached document, number of pages and date
• Indicate the capaaty, claimed by the signer If the claimed aapaaty is a
corporate officer, Indicate the title (i e. CEO, CFO, Secretary)
• Securely attach this document to the signed document.
CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION
As suppliers of goods or services to the City of Diamond Bar, the firm listed below certifies that
it does not discriminate in its employment with regards to race, religion, sex, or national origin;
that it is in compliance with all federal, state, and local directives and executive orders regarding
non-discrimination in employment; and that it will pursue an affirmative course of action as
required by the affirmative action guidelines.
We agree specifically:
To establish or observe employment policies which affirmatively promote
opportunities for minority persons at all job levels.
2. To communicate this policy to all persons concerned including all company
employees, outside recruiting services, especially those serving minority communities,
and to the minority communities at large.
3. To take affirmative steps to hire minority employees within the company.
FIRM j s r'. lr
TITLE OF OFFICER SIGNINGy i ct I- a �l GtLdlrl -t
'l
SIGNATURE DATE q _
Please include any additional information available regarding equal opportunity employment
programs now in effect within your company:
25
CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS
CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY
CLAUSE AND THE FILING OF REQUIRED REPORTS
The bidder T � F f proposed subcontractor
, hereby certifies that he has _>(_, has not , participated in a
previous contract or subcontract subject to the Equal Opportunity Clause, as required by
Executive Orders 10925, 11114, or 11246, and that he has _/, has not , filed with the
Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal
Government contracting or administering agency, or the former President's Committee on Equal
Employment Opportunity, all reports due under the applicable filing requirements.
(COMPANY)
i'
BY:
vi d' t
(TITLE)
DATE: �,�� , 2009.
NOTE: The above certification is required by the Equal Employment opportunity Regulations of
the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed
subcontractors only in connection with contracts and subcontracts which are subject to the Equal
Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity
Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or
under are exempt).
Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or
their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or
subcontract subject to the Executive Orders and have not filed the required reports should note
that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such
contractor submits a report covering the delinquent period of such other period specified by the
Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
26
NON -COLLUSION AFFIDAVIT
TO: THE CITY OF DIAMOND BAR:
STATE OF CALIFORNIA )
ss
COUNTYOF LOS
being first duly sworn,
deposes and says that he or she is V'(dQ. fTe41tQQj7t of
the party making the foregoing bid, that the
bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company
association, organization, or corporation; that the bid is genuine and not collusive or sham; that
the bidder has not directly or indirectly induced or solicited and other bidder to put in a false or
sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the
bidder has not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any
advantage against the public body awarding the contact of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
1
f-
Signatur of Bid
STATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES )
Subscribed and sworn to before me this
Notary Public in and for the County of
day of
2009.
State of California
27
Jurat
State of California
County of Lo,,, A A wA e ;
Subscribed and sworn to (er-aff+Fnw4),before me on this Fd {� day of 'au✓� e ,
20 C) lit by I (ECA C& 5 b-1 .s ,
proved to me on the basis of satisfactory evidence to be the personho appeared before me.
Signature (Notary seal)
ARAN HERRERA JR.
Commission # 1787182
Notary Public • California
Los Angeles County
Comm.6 reeDoc27,2D1t
OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any Jurat completed in California must contain verbiage that indicates the
notary public either personally knew the document signer (affiant) or that the
identity was satisfactorily proven to the notary with acceptable identification
in accordance with California notary law. Any jurat completed in California
which does not have such verbiage must have add the wording either with a
DESCRIPTION OF THE ATTACHED DOCUMENT jurat stamp or with a jurat form which does include proper wording. There
are no exceptions to this law for any jurat performed in California. In
addition, the notary must require an oath or affirmation from the document
(Title or description of attached document) signer regarding the truthfulness of the contents of the document. lire
document mist be signed AFTER the oath or artrmation. if the document was
previously signed, it must be re-signed in front of the notary public during the
(Title or description of attached document continued) jurat process.
Number of Pages -Document Date • State and County information must be the State and County where the
document signer(s) personally appeared before the notary public.
• Date of notarization must be the date that the signer(s) personally appeared
which must also be the same date the jurat process is completed.
(Additional information) • Print the narrc(s) of document signer(s) who personally appear at the time of
notarization.
• Signature of the notary public must match the signature on file with the office
of the county clerk.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different jurat form.
Additional information is not required but could help to ensure this
jurat is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
• Securely attach this document to the signed document
2008 Version CAPA v1.9.07 800-873-9865 www.NotaryClasses.com
CITY COUNCIL
Agenda # 6 . 6 (i)
Meeting Date: June 16, 2009
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man a�
TITLE: APPROVE A CONTRACT ITH KOA CORPORATION -CBM
CONSULTING FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES FOR THE TRAFFIC SIGNAL INTERCONNECT
LINKS — PHASE II PROJECT IN THE AMOUNT OF $58,313 PLUS A
CONTINGENCY AMOUNT OF $6,000 FOR CHANGE ORDERS TO BE
APPROVED BY THE CITY MANAGER FOR A TOTAL
AUTHORIZATION AMOUNT OF $64,313.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
As part of the Fiscal Year 2008/2009 Capital Improvement Program (CIP), $320,000.00
of Proposition C Funds, $465,000 of Prop 1B Funds, and $230,000 of General Funds
are budgeted for the Traffic Signal Interconnect Links — Phase 2 Project for a total
budget of $1,015,000. Design services were completed in Fiscal Year 2007/2008 and
the table below provides a summary of remaining project costs.
Project Cost Breakdown:
Construction
Construction Management
Total
$392,258.87
$64,313.00
$456,571.87
DISCUSSION:
Phase II of the Traffic Signal Interconnect Links Project will complete the network of
interconnected traffic signals along Brea Canyon Road, Diamond Bar Boulevard, and
Golden Springs Drive for the Traffic Management System (TMS). This network of
interconnected signals will provide for the data and closed circuit television system
transmission capability that is necessary to operate the TMS.
This network of interconnected signals will provide for the data and closed circuit
television system transmission capability that is necessary to operate the TMS.
Construction management services include the inspection of interconnect cable and
conduit installation for the City's traffic signal interconnect system.
In May 2009, a Request for Proposals was released for construction management
services. Three (3) engineering consulting firms submitted proposals and their
associated costs are as follows:
1. Minagar & Associates, Inc. $32,361.00
2. KOA Corporation -CBM Consulting $58,313.00
3. ADVANTEC Consulting Engineers, Inc. $60,000.00
Minagar & Associates, Inc. proposed the lowest cost; however, Minagar did not provide
an adequate scope of work and the number of hours proposed would be insufficient for
a project of this magnitude. KOA Corporation -CBM Consulting was selected because
they best understood the City's needs and was the most qualified due to their depth of
experience with traffic signal construction management standards. KOA Corporation -
CBM Consulting has a history of successfully providing these services for traffic signal
improvements. The fee as proposed in the attached proposal represents approximately
16% of the construction cost. Services will be paid for on an hourly basis with a not to
exceed amount as specified in the attached contract.
PREPARED BY:
Christian Malpica Perez, Associate Engineer
REVIEW BY:
r
David G. Liu, Director of Public Works
Attachment: Contract Agreement
N
Date Prepared: June 10, 2009
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of June 16, 2009, by and between the City of
Diamond Bar, a municipal corporation ("City") and KOA Corporation -CBM Consulting,
("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor
to provide consulting services to City.
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 "A" the Consultant's
Proposal, dated May 18, 2009.
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 June 16, 2009, and
remain in effect 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" with a not to exceed amount of $58,313.00. 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
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765-4178
Consultant:
Derry MacMahon, Principal
KOA Corporation -CBM Consulting
17601 S. Denver Avenue
Gardena, CA 90248
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 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 Ron Everett, Mayor
Approved as to form:
By:
City Attorney
"CONSULTANT"
By:
Its:
CITY COUNCIL
Agenda # 6.7 (a)
Meeting Date: June 16, 2009
Wo
0-*- •: li
TO: Honorable Mayor and Member of the City Council
VIA: James DeStefano, City Mang
TITLE: Authorize City Manager to purchas Hewlett Packard desktop computer replacement
hardware & software from CDWG, in an amount not to exceed $82,000, and authorize
equipment being replaced to be disposed of as surplus property.
Recommendation:
City Staff recommends the City Council authorize the City Manager to purchase new computer
equipment including software and approve disposal of the existing equipment as surplus property.
Budget/Financial Impact:
There are sufficient funds in the approved FY 09/10 Computer Equipment Replacement Fund for this
purchase. There is no additional appropriation required.
Discussion:
City staff relies heavily upon the use of desktop computers to create, process and store digital
information to provide service to our constituents.
The City currently has 80 desktop workstations that are between 5 and 7 years old and have outlived
their useful life. Due to the age of these machines we cannot receive support or maintenance from
the vendor. The 4 newer workstations which were purchased from Gateway are no longer covered
by warranty due to the vendor filing bankruptcy and going out of business.
City staff has reviewed and analyzed each machine relative to the amount of use, critical nature of the
work performed on the machine, and the likelihood the machine will be reliable over the next 6-12
months. Following this review, staff recommended that approximately half (37) of the existing
computers be replaced in the 2008/2009 fiscal year. The FY 09-10 Budget includes sufficient funds
to replace the remaining 43 computers. If approved by council the additional 43 workstations will be
replaced by 12/31/2009
Hewlett Packard (HP) is a recognized expert in the field and provides extremely dependable
hardware. In addition, HP provides excellent technical support services. The City would purchase
the equipment under the State negotiated WSCA contract which provides pricing below the regular
retail price and HP is additionally providing CDWG additional incentives to lower our cost even further
under HP's "Big Deal". program to volume buyers such as the City. Since the City is purchasing
through the State purchasing contract, no formal bidding process is required.
It is recommended that the City Council authorize these expenditures and approve the disposal of the
existing surplus property per City policy.
PREPARED BY:
en Desf rges, Dire or Information Systems
BUDGET REVIEWED BY:
Linda Magnuso 6 , Finance Director
2
REVIEWED BY:
CW
Dave Doyle, AssistAt City Manager
CITY COUNCIL
Agenda # 6.7 (b)
Meeting Date: June16, 2009
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana e
TITLE: Authorize City Manager to purchase Hewlett Packard Servers and additional hardware
from CDWG, throughout the FY 09-10 for an amount not to exceed $85,000.
Recommendation:
Approve.
This purchase exceeds the City Manager's spending authority and requires Council authorization.
Budget/Financial Impact:
There are sufficient funds in the proposed FY09-10 budget for these purchases:
Discussion:
City staff relies heavily upon the use of computers to create, process and store digital information to
provide service to our constituents.
The City currently has 6 servers that are over 5 years old and have outlived their useful life. Due to
the age of these machines, we will not be able to receive support or maintenance from the vendor in
the upcoming year.
City staff has reviewed and analyzed each machine relative to the amount of use, critical nature of the
work performed on the machine, and the likelihood the machine will be reliable over the next 6-12
months. Following this review, staff recommends that these six servers be replaced in fiscal year
2009/10. Additionally, staff intends to replace 2 laptops and 3 printers.
Hewlett Packard (HP) is a recognized expert in the field and provides extremely dependable
hardware. In addition, HP provides excellent technical support services. The City would purchase
the equipment under the State negotiated WSCA contract which provides pricing below the regular
retail price. Since the City is purchasing through the State purchasing contract, no formal bidding
process is required.
It is recommended that the City Council authorize these expenditures and approve the disposal of the
existing surplus property per City policy.
Prepared by:
Ken Desforges, Director for ation Systems
Reviewed by:
David Doyle, Assista i y Manager
►a
Financial Data Reviewed by:
Li da Magn s n, Finance Director
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
Agenda # 6.7 t c L
Meeting Date: June 16, 2009
AGENDA REPORT
VIA: James DeStefano, City Mana ge
TITLE: Contract with The ComDyn Group, Inc. for as -needed information technology services
in an amount not to exceed $38,150
RECOMMENDATION:
Approve and authorize City Manager to enter into agreement.
BUDGET/FINANCIAL IMPACT:
There are sufficient funds in the FY09-10 budget for this expenditure.
DISCUSSION:
The ComDyn Group, Inc. (ComDyn) provides temporary technical personnel which assist the City's
Information Services Department on an as -needed basis. Specifically, ComDyn personnel assist with
advance network security including monitoring critical security systems and providing security
configuration support to ensure the highest level of network security and prevent unauthorized access
to critical City information.
In addition, ComDyn provides specific technical assistance for the City's Geographical Information
System (GIS) program. For the past several years, the City has utilized ComDyn GIS staff to assist in
the creation of the underlying database, base map, and other crucial elements of the program. By
utilizing these resources instead of hiring a full time GIS staff member, the City has been able to
provide this high quality service to the public and City departments at a lower cost.
The City has utilized ComDyn technical staff for the past four years and has been very satisfied with
their performance. The technical staff provided by ComDyn are highly qualified, very familiar with City
systems and programs, and provide a high level of technical skills and expertise beyond those of City
staff.
If approved by Council, ComDyn staff will provide the following services in FY 09/10:
NETWORK SECURITY
Continued advanced network security configuration
Continued Network Security Monitoring and auditing
GIS SUPPORT
Update General Plan Land Use map
Create General Plan Element's maps
Create citywide Development Activity map
Assist Public Works Department with implementation of the intelligent transportation system
Assist with the roll out of the CityView Development Services application
Other work as directed
Prepared by:
Ken Desforges, Director Information Systems
Attachment: ComDyn Consulting Service Agreement
Reviewed by:
David Do le, Assistant City Manager
CONSULTING SERVICES AGREEMENT
This Agreement is made and entered into this 1St day of July 2009, between the
City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and The
Comdyn Group, Inc. (hereinafter referred to as "Comdyn").
RECITALS
A. City desires to utilize the services of Comdyn as an independent
contractor to provide consulting services to City as set forth in Exhibit "A".
B. Comdyn 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. Comdyn's Services
A. Scope of Services. The nature and scope of the specific services
to be performed by Consultant are as described in Exhibit "A",
dated July 1, 2009.
B. Level of Services/Time of Performance. The level of and time of
the specific services to be performed by Comdyn are as set forth in
Exhibit "A" (Comdyn's submitted proposal).
2. Term of Agreement. This contract shall take effect July 1, 2009 and shall
continue until June 30, 2010 or completion of the project, unless earlier
terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Comdyn for each service
which Comdyn 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. Total payment
to Comdyn pursuant to this Agreement shall not exceed $38,150.
4. General Terms and Conditions. In the event of any inconsistency
between the provisions of this Agreement and Comdyn's proposal, the
provisions of this Agreement shall control.
5. Staff and Addresses.
City: James DeStefano, City Manager
Ken Desforges, Director Information Systems
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765-4177
Comdyn: Jim Lentz, Security Consultant
Ruel "JR" Dira GIS Analyst
The ComDyn Group
Attn: Bill Brown, Vice President Business Development
26500 Agoura Road, Suite 200
Calabasas, CA 91302
The City has the right to written approval for any change or replacement of
the above Mentioned Comdyn Staff.
6. Status as Independent Consultant.
A. Comdyn is, and shall at all times remain, as to City, a wholly
independent contractor. Comdyn 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 Comdyn or any of Comdyn's employees, except as set forth in
this Agreement. Comdyn 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. Comdyn agrees to pay all required taxes in amounts paid to
Comdyn 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 Comdyn and
the audit in any way fails to sustain the validity of a wholly independent
contractor relationship between City and Comdyn, then Comdyn agrees to
reimburse City for all costs, including accounting and attorney's fees,
arising out of such audit and any appeals relating thereto.
C. Comdyn shall fully comply with the workers' compensation law
regarding Comdyn and employees of Comdyn. Comdyn further agrees to
indemnify and hold City harmless from any failure of Comdyn to comply
with applicable workers' compensation laws. City shall have the right to
offset against the amount of any fees due to Comdyn under this
Agreement any amount due to City from Comdyn as a result of Comdyn
failure to promptly pay to City any reimbursement or indemnification
arising under this Section 6.
7. Standard of Performance. Comdyn shall perform all work at the
standard of care and skill ordinarily exercised by members of the
profession under similar conditions.
8. Indemnification. Comdyn 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 Comdyn, 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.
A. Comdyn 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 Comdyn, its officers, employees, agents, and independent contractors
in performance of services under this Agreement; (2) property damage
insurance, with minimum combined single limits coverage of $500,000.00;
(3) automotive liability insurance, with minimum combined single limits
coverage of $500,000.00; and (4) workers' 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.
B. 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) days
prior written notice thereof. Comdyn agrees that it will not cancel, reduce
or otherwise modify the insurance coverage.
C. All policies of insurance shall cover the obligations of Comdyn
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 than A VII.
D. Comdyn shall submit to City (1) insurance certificates indicating
compliance with the minimum workers' compensation insurance
requirements above, and (2) insurance policy endorsements indicating
compliance with all other minimum insurance requirements above, not
less than 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. Comdyn, in the course of its duties, may have access to
confidential data of City, private individuals, or employees of the City.
Comdyn covenants that all data, documents, discussion, or other
information developed or received by Comdyn or provided for
performance of this Agreement are deemed confidential and shall not be
disclosed by Comdyn 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. Comdyn`s
covenant under this section shall survive the termination of this
Agreement. Notwithstanding the foregoing, to the extent Comdyn
prepares reports of a proprietary nature specifically for and in connection
with certain projects, the City shall not, except with Comdyn's prior written
consent, use the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Comdyn 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. Comdyn covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the
services to be performed by Comdyn under this Agreement, or which
would conflict in any manner with the performance of its services
hereunder. Comdyn 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. Comdyn 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.
Comdyn'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,
Comdyn 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 Comdyn for
services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Comdyn shall
discontinue performing services.
14. Personnel. Comdyn 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 Comdyn or under its supervision, and all personnel engaged
in the work shall be qualified to perform such services. Comdyn reserves
the right to determine the assignment of its own employees to the
performance of Comdyn's services under this Agreement, but City
reserves the right to determine the assignment of its own employees to
the performance of Comdyn's services under this Agreement, but City
reserves the right, for good cause, to require Comdyn to exclude any
employee from performing services on City's premises. Key personnel are
listed in #5 of this agreement and shall not change with out approval from
the City.
15. Non -Discrimination and Equal Employment Opportunity.
A. Comdyn 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 non-discrimination 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. Comdyn will, in all solicitations or advertisements for employees
placed by or on behalf of Comdyn 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. Comdyn 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. Comdyn shall not assign or transfer any interest in this
Agreement nor the performance of any of Comdyn's obligations
hereunder, without the prior written consent of City, and any attempt by
Comdyn 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 Comdyn prior to preparing the written
report. If any noncompliance with the Agreement is found, City may direct
Comdyn to correct the inadequacies, or, in the alternative, may terminate
this Agreement as provided herein.
18. Compliance with Laws. Comdyn 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
Comdyn 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 Comdyn, 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 of 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, designated 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 Comdyn and the City. This Agreement
supercedes 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 hereto have executed this
Agreement as of the date first written above.
"City"
James DeStefano, City Manager
"Consultant"
By:
Bill Brown, Vice President Business Development
The Comdyn Group
Exhibit "A"
Scope of Services:
The Comdyn Group will provide Security, GIS, and other Information Technology
Consultants to the City of Diamond Bar on an "as needed basis".
Anticipated use:
Security Consulting - $8,150 (@108 hrs at $75.00 per hour)
GIS Consulting — $30,000 (@600 hrs at $50.00 per hour)
Exhibit "B"
Payment Schedule:
Terms are net 30 on invoices submitted with approved contractor time cards.
Billing rate(s) for the City of Diamond Bar:
Payroll Service (City located contractor) -
Contractor base hourly pay rate + a 25% Mark-up*
Examples:
Security Consulting - Contractor Rate = $60.00***Margin = $15.00,
Billing Rate = $75.00
GIS Consulting — Contractor Rate = $40.00***Margin = $10.00,
Billing Rate = $50.00
Full -Time contractors (Comdyn located contractor) -
Contactor base hourly pay rate + a 45% Mark-up**
Part -Time contractors (Comdyn located contractor) -
Contractor base hourly pay rate + a 60% Mark-up**
Contractors are classified as "Full -Time" if they are projected to work 32 hrs or more hrs per
week or are projected to work more than 1000 hours in a twelve month period.
Contractors are classified as "Part -Time" if they are projected to work less than 32hrs per
week or are projected to work 1000 hours or fewer in a twelve month period.
*Includes all Federal and State payroll taxes, company benefits, etc...
**Includes recruitment costs, and all Federal and State payroll taxes, company
benefits, etc... )
****Actual rates may vary as they are based upon the type of service provided
and successfully negotiations with each individual providing that service.
Agenda # 6. s (a)
Meeting Date: June 16, 2009
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Maag
TITLE: Extension of City -Wide Graffiti Removal Contract with Graffiti Control Systems for Fiscal Year
2009-10 in the amount $62,400
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
Funds for this contract are included within the adopted Fiscal Year 2009-10 budget.
BACKGROUND/DISCUSSION:
On May 19, 1993, the City Council awarded a contract to Graffiti Control Systems for graffiti removal in
Diamond Bar. Section 31 of the specifications of the contract allows the City Council to extend the contract on
an annual basis if doing so is deemed to be in the best interest of the City.
Since the original contract was awarded, the City Council has approved the annual extension of the contract.
In order to better serve the interests of the City and provide a more accountable budgetary process, a flat rate
fee of $5,200 per month was initiated during Fiscal Year 2008-09. This flat rate structure has proved to be
cost-effective for the City, providing cost savings compared to the previous cost structure. Graffiti Control
Systems has requested to continue the flat rate structure of $5,200 per month, which will cover the costs for
graffiti abatement regardless of the number of graffiti incidents each month.
Staff is recommending that the contract be extended for FY 2009-10 in the amount not to exceed $62,400.
This amount should be sufficient for required graffiti removal services, plus additional as -needed work
requested by the Public Works Division, such as cleaning paint spills upon public streets. Graffiti Control
Systems has proven that they can satisfactorily perform the specifications of the contract.
Prepared by
�0
Anthony Santos
Management Analyst
Attachments:
1. Letter of Agreement
2. Graffiti Control Systems Letter
Reviewed by
Greg Gubman, AICP
Acting Community Development Director
06/10/2009 14:17 WOODS MRINT SERVICES 4 19098613117
Ran Everett
Mayor
Carol Herrera
Mayor Pro Tem
Wen P. Chang
Council Member
lack Tanaka
Council Member
Steve Tye
Council Member
geeyded paper
June 16, 2009
City of Diamond Bar
21825 Copley Drive • oiamond Bar, CA 91765.4178
Graffiti Control Systems
7260 Atoll Avenue
North Hollywood, CA 91606
(909)839-7000 ^ Fax(909)861.3117
wi Xityoft7iamondgar.com
Re: Graffiti Removal Contract
NO.239 9002
This confirms your agreement with the City that in accordance with Section 31
of the specifications of our contract dated May 19, 1993, the City of Diamond
Bar is interested in extending the Graffiti Removal Contract with Graffiti
Control Systems from July 1, 2009, through June 30, 2010, for a fiat rate fee of
$5,200 per month. Total work for the fiscal year will be in an amount not to
exceed $62,400.
Upon approval of this contract extension by the Diamond Bar City Council, a
purchase order in the amount not to exceed $62,400 will be processed and
forwarded to you.
By signing below, the parties agree to the above terms.
Ron Everett, Mayor
City of Diamond Bar
Attest:
City Clerk
r', -
Wood , President
Graffiti Con rol Systems
Approved as to Form:
City Attorney
CITY COUNCIL
Agenda Item # 6.8 ( b )
Meeting Date: June 16, 2009
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana e
TITLE: AUTHORIZE THE CITY MANAG R TO EXTEND A PROFESSIONAL SERVICES
AGREEMENT WITH LILLEY PLANNING GROUP, INC. (LPG), TO INCREASE THE
CONTRACT AMOUNT BY $40,000 FOR A TOTAL CONTRACT AMOUNT NOT TO
EXCEED $240,000 TO PROVIDE CONTINUED ON-SITE PLANNING SERVICES.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
It is estimated that 60% of the contract amount ($24,000) will be recovered from developer deposit
funded projects, such as new custom homes, residential and commercial additions, conditional use
permits and subdivision applications. The remaining 40% ($16,000) will be paid using salary and
benefit savings from the vacant Associate Planner and Planning Manager positions.
There is no additional appropriation required since there are sufficient funds available in the
FY 2008-09 budget for this contract.
BACKGROUND / DISCUSSION
Since June 2008, following the retirement of the Associate Planner, the Planning Division has
retained the services of a contract Senior Planner through a professional services agreement with
LPG. The original intent of the agreement was for the contract Senior Planner to assume the
developer -funded portion of the Associate Planner's caseload until that vacated position was filled
through the normal recruitment process (the Associate Planner recruitment was subsequently frozen).
From June through September 2008, 90% of the contract Senior Planner's hours were billed to
developer deposit funded projects.
Following the Community Development Director's resignation at the end of September 2008, and the
appointment of the Planning Manager to the position of Acting Community Development Director, it
became necessary for the contract Senior Planner to work a full 9/80 schedule at City Hall, and to
also assume some of the supervisory duties of the vacant Planning Manager's position. During the
month of October, approximately 40% of the contract Senior Planner's hours were paid from salary
and benefit savings resulting from the aforementioned vacancies. Presently, the contract Senior
Planner is working a 30 hours per week because of the reduction in volume of developer -deposit
funded projects.
With the adoption of the Fiscal Year 2009-10 budget, the position of in-house Senior Planner was
created to underfill the frozen Planning Manager position. The Senior Planner recruitment will
commence in July, and it is estimated that the position will be filled by the end of October. The City
will terminate its current contract with LPG shortly after this position is filled.
The contract Senior Planner will be needed for a short transition period after the in-house Senior
Planner is brought on board. The proposed contract amendment would allow the Community
Development Department to retain the contract position until mid-November.
- Z
Prepared By
Greg Gubman, AICP
Acting Community Development Director
Attachment
1
Reviewed By
Dave Doyle, Assistant City Manager
Amendment No. 2 to the City's Professional Services Agreement
2
AMENDMENT NO. 2 TO THE CITY'S PROFESSIONAL
SERVICES AGREEMENT
This Amendment No. 1 to the City's Professional Services Agreement is made
and entered into this day of , 2009, between the City of Diamond Bar, a
Municipal Corporation (hereinafter referred to as "City") and Lilley Planning Group, Inc.,
(hereinafter referred to as "Consultant".)
A. Recitals:
(i) The City has heretofore entered into an agreement, dated May 20, 2008,
with Consultant to provide consulting services such as but not limited to project
management for development projects, perform special planning projects and assist in
day to day tasks of managing the Planning Division (hereinafter referred to as the
"Agreement".)
(ii) Consultant has submitted a proposal as set forth in Exhibit "A" attached
hereto to provide additional services at a cost not to exceed FORTY THOUSAND
THOUSAND DOLLARS ($40,000.00), as described within Exhibit "A".
(iii) It is in the City's best interest to extend the Agreement rather than request
bids for the services in order to ensure consistency and continuity of the services
already being provided by Consultant.
NOW THEREFORE, it is agreed by and between City and Consultant:
Section 1: Section 3(c) of the Agreement is hereby amended to read as
follows:
"(c) City agrees to compensate Consultant, and Consultant agrees to accept in
full satisfaction for the services provided for hereunder, fees on a time and
material basis at the rates set forth in the original Consulting Services Agreement
as shown in Exhibit "A" attached hereto, but in no event to exceed TWO
HUNDRED FORTY THOUSAND DOLLARS ($240,000.00) which fees include all
labor, materials, printing and other costs incurred in connection with the project."
Section 2:
Each party to this Amendment No. 2 acknowledges that no representation by any
party, which is not embodied herein, or any other agreement, statement, or
promise not contained in this Amendment No. 2 shall be valid and binding. Any
modification of this Amendment No. 2 shall be effective only if it is in writing
signed by the parties.
Section 3:
All other terms and conditions of the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
No. 2 as of the day and year first set forth above:
Consultant: City of Diamond Bar
Lilley Planning Group
Mayor
Approved As To Form: Attest:
City Attorney
I%•
City Clerk
AGENDA NO. 7.1 (a,b,c)
CONTINUE THE PUBLIC HEARING TO JULY 7, 2009
CITY COUNCIL
Agenda # -7.2
Meeting Date: June 16. 2009
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mn"
TITLE: ADOPT RESOLUTION NO. 20 9 -XX OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING THE REMOVAL OF THE NORTHERLY
CROSSWALK AT DIAMOND BAR BOULEVARD AND MOUNTAIN LAUREL
WAY.
RECOMMENDATION:
Adopt.
FISCAL IMPACT:
Removal of the crosswalk and pedestrian buttons/heads and installation of new pedestrian barricades
and signage will be funded by the Public Works Maintenance Budget.
BACKGROUND/DISCUSSION:
At the August 7, 2007 City Council meeting, the Council directed staff to add additional signage,
cross -hatch the existing crosswalk to improve visibility, and implement the services of a crossing
guard.
While the above-mentioned improvements have improved the circulation at the intersection, the
Sheriff's Department reported eastbound vehicular congestion on Mountain Laurel Way due to drivers
yielding to students using the crosswalk on the north leg of the intersection. In August 2008, staff and
the Sheriff's Department began to evaluate the feasibility of using the crosswalk on the south leg of
the intersection only.
After observing the intersection for several months, staff determined that removal of the northerly
crosswalk would improve traffic flow and pedestrian circulation at the intersection. Staff brought this
recommendation before the Traffic and Transportation (T&T) Commission on February 12, 2009 for
consent. Principal Michael Chavez at Chaparral Middle School attended the meeting and expressed
his support for removing the crosswalk at that intersection. The T&T agreed this to be an appropriate
approach in enhancing the intersection circulation and concurred with staff's recommendation for the
removal of the northerly crosswalk at Diamond Bar Boulevard and Mountain Laurel Way (See
Exhibit).
Staff consulted our JPIA legal representative on the crosswalk removal matter. The recommendation
from JPIA was to remove the crosswalk if it is in the City's best interest. Pursuant to the California
Vehicle Code (CVC), Section 21950.5; the CVC requires a public hearing, notice, and posting at the
crosswalk location in order to give all users the opportunity to be heard and to consider any possible
public comments.
During the week of June 1St, notification letters for a public hearing on the proposed removal of the
northerly crosswalk at Diamond Bar Blvd. and Mountain Laurel Way were sent to residents, Chaparral
Middle School, and Walnut Valley Unified School District. In addition, a notice to the public was
posted at the proposed crosswalk removal location on the north leg of the Diamond Bar Boulevard
and Mountain Laurel Way intersection.
Upon Council approval, staff will schedule the removal work in July 2009. Public comments will be
received up until 30 days following this hearing and will be addressed accordingly. Staff will
thoroughly remove the pavement markings. Additionally, new pedestrian barricades will be installed
at the proposed crosswalk removal location, push button and pedestrian heads will be removed, and
new signage will be added at this intersection.
PREPARED BY:
Christian Malpica-Perez, Associate Engineer Date Prepared: June 10, 2009
REVIEWED B
Da'52 G. Li
Director of Public Works
Attachments: Resolution No. 2009 -XX
T & T Minutes of 2/12/09
Exhibit
FEBRUARY 12, 2009 PAGE 2 T&T COMMISSION
IV.D BUSINESS
A. Diamond Bar Blvd./Mountain Laurel Way Crosswalk Modification
SE/Yee referred Commissioners to the memo at the end of their agenda
packets for this item with respect to removal of only the north leg of the
crosswalk at this intersection. During the last year and a half there have been
several improvements to the intersection to facilitate pedestrian crossing. The
intent is to improve traffic flow for vehicles and to help isolate pedestrian
crossings to the southerly portion of the intersection. This is an ongoing effort
that staff will continue to monitor. Staff recommended that the Traffic and
Transportation Commission concur with staff to remove the northerly
crosswalk at Diamond Bar Boulevard and Mountain Laurel Way.
Chair/Mok summarized the history of modifications to the intersection and
asked what modifications would be next if all of the changes do not solve the
problems. SE/Yee assured Chair/Mok that operationally the way the
intersection is working at this time is working out fairly well. The only reason
staff is recommending this step is because every year students will need to
relearn the route. In order to avoid the challenge of reeducating the students
each year, staff felt it was a better approach to remove that leg of the
crosswalk to eliminate a violation of direction from the crossing guard.
Chair/Mok said there would be some relearning for the members of the public
who are currently using that leg. PWD/Liu said that this will be a precedent
setting example because this is the first time in D.B. that a crosswalk is being
removed. This recommendation moves to the City Council for their
consideration and action.
C/Shay felt that it made sense to simplify the intersection. People and
especially kids can be creatures of habit. Although there will be stragglers, the
changes will definitely inform the public that the northerly leg is no longer
available for foot traffic.
C/House said that in other cities poles are placed in the path of the areas that
are not to be used.
VC/Lin agreed with C/Shay that the simpler the better. He asked how many
crossed at the different legs and wondered why staff determined to remove the
northerly leg and not the southerly leg. SE/Yee said staff has the information
but does not have the information available for this meeting and that he would
get back to VC/Lin. PWD/Liu said that most parents prefer to drive their
children to school and staff is dialoguing with schools to determine how more
automobiles can be taken off of the streets. At this time, there are no official
state authorized programs for any schools in the City.
SE/Yee explained to Chair/Mok that this process would include a 30 -day notice
public hearing process and if there is significant opposition to the
recommendation, it would extend the project further out. He said that if the
FEBRUARY 12, 2009 PAGE 3 T&T COMMISSION
physical removal was delayed, the City would definitely pursue assistance by
the Volunteer Patrol or Sheriff's Department to monitor the area when the fall
school session commences.
SE/Yee responded to C/Pincher that there is a stop legend at Mountain Laurel
Way and Spruce Tree Drive. C/Pincher asked if the students could be forced
to cross at Mountain Laurel and Spruce Tree Drive and travel down the side of
the street where the crosswalk is. PWD/Liu said the first consideration is a
warrant study to see if the area is warranted for a crosswalk.
Mr. Chavez, Principal, Chaparral Middle School, stated that as a result of
Sheriff's Deputy St. Amant's monitoring of this crosswalk, and because of his
assurances about staffs recommendation, he concurs with their assessment
and recommendation.
VC/Lin moved, C/Shay seconded, to concur with staffs recommendation to
remove the northerly crosswalk at Diamond Bar Boulevard and Mountain
Laurel Way. Motion carried by the following Roll Call vote:
AYES:
NOES:
ABSENT:
V. NEW BUSINESS
COMMISSIONERS
COMMISSIONERS:
COMMISSIONERS:
None
House, Pincher, Shay, Chair/Mok,
VC/Lin
None
None
VI. STATUS O REVIOUS ACTION ITEMS None
VII. ITEMS FROM COM SIONERS: C/Pincher thanked staff for the
newsletter and reminder residents about keeping City streets clean.
Vill. INFORMATIONAL ITEMS:
A. Diamond Bar TMS/Traffic Signalrconnect Links — Phase 1 — SE/Yee
reported that additional work is needed d staff will be requesting additional
funds from the City Council at its Februa 17th meeting. The project is
expected to be completed by the end of Februa
B. Verizon's FIOS Project — SE/Yee stated that Verizon es to complete the
full network installation. However, due to the econom , the project has
slowed. Area 5 should be completed before the City begins its nual slurry.
C. Sunset Crossing Road and Prospectors Road Traffic Calming ect —
SE/Yee reported that staff presented this item to the City Council on Feb
3`d for award of the contract. The contract came in a little more than $50,000
below the engineer's estimate of $400,000. Construction should begin in
about two weeks.
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RESOLUTION NO. 2009 -XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING THE REMOVAL OF THE NORTHERLY CROSSWALK AT
DIAMOND BAR BOULEVARD AND MOUNTAIN LAUREL WAY.
A. RECITALS:
(i) WHEREAS, The City of Diamond Bar has received a recommendation
from the Sheriff's Department to remove the crosswalk at the intersection of
Diamond Bar Boulevard and Mountain Laurel Way.
(ii) WHEREAS, at the public meeting of February 12, 2009, the Traffic and
Transportation Commission of the City of Diamond Bar has reviewed the proposed
removal and determined that the removal of the northerly crosswalk at Diamond Bar
Boulevard and Mountain Laurel will enhance the intersection circulation.
(iii) WHEREAS, the Traffic and Transportation Commission recommends the
removal of the northerly crosswalk at Diamond Bar Boulevard and Mountain Laurel
Way.
(iv) WHEREAS, the City Engineer posted notices of said removal
conspicuously at the said crosswalk at least two (2) weeks before the date of said
hearing. Such notices were prepared and posted pursuant to the California Vehicle
Code, Section 21950.5.
B. RESOLUTION:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, DOES HEREBY RESOLVE:
Section 1. That the City Council of the City of Diamond Bar pursuant to Section
21950.5 of the California Vehicle Code does hereby fix the 16th day of
June 2009, at 7:00 p.m. in the South Coast Air Quality Management
District Auditorium at 21865 E. Copley Drive, Diamond Bar, California
91765 as the time and place for hearing all persons interested in the
proposed removal of the northerly crosswalk at Diamond Bar
Boulevard and Mountain Laurel way.
Section 2. That the City Council of the City of Diamond Bar hereby finds the
intersection circulation will be best enhanced by the removal of the
northerly crosswalk at Diamond Bar Boulevard and Mountain Laurel
Way as herein prescribed.
PASSED, APPROVED AND ADOPTED this 16th day of June, 2009.
Ron Everett, Mayor
ATTEST:
I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, California do
hereby certify that the foregoing Resolution Number 2008- was duly and
regularly passed and adopted by the City Council of the City of Diamond Bar,
California, at its regular meeting held on the 16th day of June, 2009, by the following
vote to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
TOMMYE CRIBBINS, CITY CLERK
CITY OF DIAMOND BAR, CALIFORNIA
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: TE:
ADDRESS: / i' PHONE:
ORGANIZATION: ,�'/Ci `�'" �'� ? rCe
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AGENDA#/SUBJECT: rz '011
I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes
reflect my name and address as written above.
Signature
This document is a public record subject to disclosure under the Public Records Act.
TO: CITY CLERK
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FROM: i,S7 DATE:
ADDRESS: PHONE:
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ORGANIZATION:
AGENDA#/SUBJECT:
I expect to address the Council on the subject agenda /eject item. Please h Council Minutes
reflect my name and address as written above. ' \
Signature
This document is a public record subject to disclosure un er the Public Records Act.