Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
12/15/2009
City o Diamond Bar City Council Agenda Tuesday, December 15, 2009 6:30 p.m. — Regular Meeting Closed Session following Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Carol Herrera Steve Tye Mayor Mayor Pro Tem Ling -Ling Chang Ron Everett Jack Tanaka Council Member Council Member Council Member City Manager fames DeStefano 9 City Attorney Michael Jenkins City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. if you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation (s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www. CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. �r Uff XU D1 MD T_ 11 ,:.r7P.1 yip', THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON TIME -WARNER CABLE CHANNEL 3 AND VERIZON FiOS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING ON THE CITY'S WEB SITE AT WWW.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA December 15, 2009 CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: Next Resolution No. 2009-44 Next Ordinance No. 03(2009) 6:30 p.m. Mayor Pastor Randy Lanthripe Church in the Valley Council Members Chang, Everett, Tanaka, Mayor Pro Tem Tye, Mayor Herrera Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of Certificate of Recognition to Diamond Bar High School Student Timothy Huang for being named "Leo of the Year" by Lions Clubs Intl. 1.2 Presentation of Certificates of Recognition to "Diamond Bar Through My Lens" Photo Contest Winners. NEW BUSINESS OF THE MONTH: 1.3 Presentation of City Tile to Misora Sushi, 2040 S. Brea Canyon Rd., as New Business of the Month December 2009. 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. December 15, 2009 PAGE 2 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 brief) respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Washington Street Mini -Park Public Meeting — December 17, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.2 Holiday Diamond Ride — Through January 1, 2010 - for Holiday Shopping around town. 5.3 Christmas Holiday — December 24 and 25, 2009 - City Offices will be closed in observance of the Christmas Holiday. City Offices will re -open Monday, December 28, 2009 at 7:30 a.m. 5.4 Holiday Tree Curbside Collection Program — December 26, 2009 through the middle of January, 2010. Trees free of decorations and flocking may be left at the curb on trash day for free pickup during this period. Any tree over 6 ft. must be cut in half. 5.5 New Year's Holiday — January 1, 2010 — City Offices will be closed Friday, January 1, 2010 in observance of the New Year's Holiday. City Offices will re -open Monday, January 4, 2010 at 7:30 a.m. 5.6 City Council Meeting — January 5, 2010 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of December 1, 2009 — Approve as submitted. December 15, 2009 PAGE 3 6.2 Ratification of Check Register — Dated November 25, 2009 through December 9, 2009 totaling $688,982.15. Requested by: Finance Department 6.3 Adopt Resolution No. 2009 -XX: Establishing a Policy for the Distribution of Tickets and Passes Received by the City Pursuant to the New Amendments to California FPPC Rule 18944.1(c) . Recommended Action: Adopt. Requested by: City Manager 6.4 Approval of Adjourning the December 15, 2009 City Council Meeting to January 19, 2010. Recommended Action: Approve. Requested by: City Manager 6.5 Approval of an Amendment to the Consulting Services Agreement with Gary L. Neely, Extending the Agreement at the Monthly As -Need Rate of $1,620 for a Period of Twenty -Four Months, Commencing January 1, 2010 and Expiring December 31,2011. Recommended Action: Approve. Requested by: City Manager 6.6 (a) Approve Plans and Specifications and Award Construction Contract for the 2009-10 Community Development Block Grant (CDBG) Curb Ramp Installation Project in the Vicinity of Castle Rock Elementary School to FS Construction in the Amount of $22,785 and Authorize a Contingency Amount of $5,600 for Project Change Orders to be Approved by the City Manager for a Total Authorization Amount of $28,385. Recommended Action: Approve and Award. (b) Approve Plans and Specifications and Award Construction Contract for the Community Development Block Grant — Recovery (CDBG-R) Curb Ramp Installation Project in the Vicinity of Evergreen Springs Elementary School to FS Construction in the Amount of $53,310 and Authorize a Contingency Amount of $13,200 for Project Change Orders to be Approved by the City Manager for a Total Authorization Amount of $66,510. December 15, 2009 PAGE 4 Recommended Action: Approve and Award. Requested by: Public Works Department 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 Public Hearing — Adopt Resolution No. 2009 -XX: Approving the Community Development Block Grant Program Allocation for 2010- 2011 in the Amount of $355,490. Recommended Action: Receive Staff Report, Open Public Hearing, Receive Testimony, Close Public Hearing and Adopt. Requested by: Community Development Department 8. COUNCIL CONSIDERATION: 8.1 Approval of a Two -Year Diamond Ride (Dial -A -Cab) Services Contract with Diversified Transportation, LLC., Beginning January 1, 2010 to January 1, 2012. Recommended Action: Approve. Requested by: Public Works Department 8.2 Ratify City Council Committee Appointments and Adopt Resolution No. 2009 -XX: Confirming the Appointment of Specific Representatives to the San Gabriel Valley Council of Governments. Recommended Action: Ratify and Adopt. Requested by: Mayor Herrera 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: Adjourn to Closed Session: December 15, 2009 PAGE 5 CLOSED SESSION: Public Comments on Closed Session Agenda ► Government Code Section 54956.8 Property Address: 21810 Copley Drive, Diamond Bar Agency Negotiator: City Manager Negotiating Party: Behringer Harvard Western (Portfolio) P.O. Box 190700 San Francisco, CA 94119-0700 Under Negotiation: Price and Terms of Payment 10. ADJOURNMENT: MINUTES OF THE CITY COUNCIL Agenda No. 6.1 REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 1, 2009 � ��eT CALL TO ORDER: Mayor Everett called the Regular City Council meeting to order at 6:34 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Eagle Scout Kenny True led the Pledge of Allegiance. INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church, gave the invocation. ROLL CALL: Council Members Wen Chang, Jack Tanaka, Steve Tye, Mayor Pro Tem Carol Herrera and Mayor Ron Everett. Staff Present: James DeStefano, City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Greg Gubman, Community Development Director; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Ryan McLean, Assistant to the City Manager; Marsha Roa, Public Information Manager; Lauren Hildago, Public Information Specialist; Patrick Gallegos, Management Analyst; Isaac Aziz, Network Systems Administrator; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: Post Election Procedures: 2.1 ADOPT RESOLUTION NO. 2009-42: Reciting the Fact of the General Municipal Election Held on November 3, 2009, Declaring the Results and Such Other Matters as Provided by Law. CM/DeStefano gave a brief report regarding the recent Election and asked that the City Council adopt Resolution No. 2009-42 certifying the Results of the November 3, 2009 General Municipal Election. MPT/Herrera moved, C/Chang seconded, to Adopt Resolution No. 2009- 42. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Herrera, M/Everett NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None DECEMBER 1, 2009 PAGE 2 CITY COUNCIL 2.2 ADMINISTRATION OF OATH OF OFFICE TO COUNCIL MEMBER - ELECT LING -LING CHANG, RON EVERETT AND STEVE TYE. C/Chang administered the Oath of Office to Ron Everett. State Senator Bob Huff then administered the Oath of Office to Steve Tye and Council Member -Elect Ling -Ling Chang individually. 2.3 PRESENTATION TO RETIRING COUNCIL MEMBER WEN CHANG — Mayor Everett and the City Council presented a City Tile to retiring Councilmember Wen Chang for his service to the City for the past 12 years. 3. CITY COUNCIL REORGANIZATION: 3.1 SELECTION OF MAYOR C/Tye nominated C/Herrera to serve as Mayor by acclamation. C/Chang seconded the nomination. M/Everett declared C/Herrera Mayor and passed the gavel. 3.2 SELECTION OF MAYOR PRO TEM C/Chang nominated C/Tye to serve as Mayor Pro Tem by acclamation. M/Herrera seconded the nomination and declared C/Tye Mayor Pro Tem. 3.3 PRESENTATIONS TO OUTGOING MAYOR RON EVERETT M/Herrera and the City Council presented C/Everett with a ceremonial gavel. RECESS: M/Herrera recessed the regular City Council Meeting to a reception at 7:10 p.m. RECONVENE: M/Herrera reconvened the Regular City Council meeting at 7:39 p.m. 3.3 PRESENTATIONS TO OUTGOING MAYOR RON EVERETT — Continued. Assistant Fire Chief Van Mark Madragal, Pat Fabio representing Congressman Miller's office, Jody Roberto representing Senator Huff and Lt. Joe Maxey, with LA County Sheriffs Department made presentations to former Mayor Ron Everett. DECEMBER 1, 2009 PAGE 3 CITY COUNCIL 4. PUBLIC COMMENTS: Sue Peter, Director, Child Care, WVUSD, invited everyone to attend the Holiday Programs on Thursday, December 17th at 10:00 a.m. at Glenwick Elementary, 841 S. Glenwick Ave. in Walnut. Brandon Wilson, lead in the South Pointe production of Willy Wonka, announced that the play would be held Wednesday, Thursday and Friday evenings, December 2, 3 and 4 at 7:00 p.m. at South Pointe Middle School. Mrs. Wadsworth announced that there would also be 2:30 p.m. shows on Wednesday and Thursday. RESPONSE TO PUBLIC COMMENTS: None offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Candy Cane Craft Fair — December 5, 2009 - 10:00 a.m. to 4:00 p.m., Diamond Bar Center, 1600 Grand Ave. 5.2 Planning Commission Meeting — December 8, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 Traffic and Transportation Commission Meeting — December 10, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.4 Holiday Home Decorating Contest entry deadline 4:30 p.m., Friday, December 11 at City Hall or online. Visit the City's website www.cityofdiamondbar.com or call 839-7070 for more information. 5.5 City Council Meeting — December 15, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.6 Christmas Holiday — December 24 and 25, 2009 — City Offices will be closed in observance of the Christmas Holiday. City Offices will reopen Monday, December 28, 2009 at 7:30 a.m. 5.7 Holiday Tree Curbside Collection Program — December 26, 2009 through January 15, 2010. Trees free of decorations and flocking may be left at the curb for free pickup during this period. Any tree over six (6) ft. must be cut in half. 5.8 New Year's Holiday — January 1, 2010 — City Offices closed Friday, January 1, 2010 in observance of the New Year's Holiday. City Offices will reopen Monday, January 4, 2010 at 7:30 a.m. DECEMBER 1, 2009 PAGE 4 CITY COUNCIL 6. CONSENT CALENDAR: MPT/Tye moved, C/Tanaka seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES - Regular Meeting of November 17, 2009 — Approved as submitted. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of October 22, 2009, 6.3 RATIFIED CHECK REGISTER — Dated November 12, 2009 through November 24, 2009 totaling $788,123.36. 6.4 APPROVED TREASURER'S STATEMENT — Month of October 2009 and Revised Treasurer's Statements of June, July, August and September 2009. 6.5 SECOND READING OF ORDINANCE NO. 02(2009): AN ORDINANCE AMENDING TITLE 8 BY ADDING CHAPTER 8.14 WATER CONSERVATION LANDSCAPING TO THE DIAMOND BAR MUNICIPAL CODE. 6.6 APPROVED RECERTIFICATION APPLICATIONS FOR TREE CITY USA (NINTH YEAR) AND TREE CITY USA GROWTH AWARD (FIFTH YEAR) FOR 2009. 6.7 ADOPTED RESOLUTION NO. 2009-43: APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL AND ENHANCEMENT MITIGATION (EEM) PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE 2009-2010 DIAMOND BAR URBAN REFORESTATION PROJECT ALONG STATE ROUTE 57/60 FREEWAY CORRIDOR. 6.8 a) AWARDED CONTRACT TO ITERIS INC. FOR IMPLEMENTATION OF REAL TIME VIDEO CAPABILITY FOR USE WITH THE TRAFFIC MANAGEMENT SYSTEM IN THE AMOUNT OF $71,580.60. b) APPROVED PURCHASE OF AN HP PROLIANT HIGH PERFORMANCE SERVER FROM HEWLETT PACKAGE (HP) FOR USE IN THE TRAFFIC MANAGEMENT SYSTEM AND APPROPRIATED $1,200 IN PROPOSITION A FUNDS. DECEMBER 1, 2009 PAGE 5 CITY COUNCIL 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 APPROVAL OF MODIFICATIONS FOR DIAMOND RIDE (DIAL -A -CAB) PROGRAM. PWD/Liu reported that on July 21st the City Council approved several program modifications with the following changes taking affect on October 1, 2009: 1) service continues to be available seven (7) days a week; however, service hours were changed from 24 hours per day to a fixed schedule of 7:00 a.m. to 8:00 p.m.; 2) in order to allow the cab company to better coordinate share ride request, trips were changed from same day service to next day service; and 3) to improve program efficiency, users were no longer able to request specific drivers for their trips. Other questions and suggestions have since been noted by staff. In order to proactively address questions from the users, staff is recommending three fine tuning measures for Council's consideration this evening: 1) allow sanction participants to travel to medical facilities outside the designated fixed hours of 7:00 a.m. to 8:00 p.m. At this time, the only users known to staff are dialysis patients; 2) allow same day trips to urgent care centers and doctor's appointments, and 3) allow users same day trips to grocery stores within the City. Staff remains committed to ensuring that this program continues to be a reliable and affordable means of supplemental transportation for seniors and disabled individuals. Staff recommends that the City Council concur with staff to implement the three fine tuning measures. Dr. Ron Siegler, a disabled D.B. resident and regular program participant, asked Council to approve the modifications because his in-home treatment often requires same day doctor office visits. Lorraine Siegler, 22839 Dry Creek Rd., a Diamond Ride user, has had a couple of situations that concerned her including a three-hour after -dark wait for service. She was concerned about her husband being dropped off at the curb and having other unknown and non-paying individuals in the cab with them because it takes them out of their area. She is pleased and in favor of the recommendations. Mrs. Siegler responded to MPT/Tye that the three hour wait was for being picked up from her appointment and taken home. Susan Scarborough, 3540 Crooked Creek Dr., showed Council a form she devised to help her in-laws keep track of problems with the service. She proposed that in addition to addressing the problems the Council might consider adding incentives/driver rewards to the program to recognize outstanding drivers. The local Starbucks manager offered to kick off the DECEMBER 1, 2009 PAGE 6 CITY COUNCIL reward program by offering a gift bag to a driver. She asked her mother- in-law to provide the name of a driver who had been particularly helpful and she was hoping that the City Council might deliver it to the driver at his workplace to publicly acknowledge good treatment of D.B. seniors in front of his colleagues. She said she would be happy to work with the Council to help make the program better for the City's seniors. Mrs. Scarborough responded to MPT/Tye that one of the drivers was willing to push her father-in-law's wheelchair up the ramp to his front door. MPT/Tye acknowledged the comments as an example of good service. Al Rumpilla, 23958 Golden Springs Dr., addressing staff's recommendations he recommends that the Council do away with time limits altogether and reinstate 24/7 service. He felt urgent doctor visits should be allowed without having to make arrangements the day before the visit. He encouraged the Council to keep the policy of calling the day before for regular medical appointment to assure that the individual is able to meet the scheduled appointment. However, the individual usually waits two to three hours for the return trip. Individuals should also be allowed to call for service at any time within the City of D.B. He asked Council to reconsider the special requests to Cedar Sinai, UCLA and Loma Linda. For whatever reason, Diamond Ride has, out of necessity, become a primary mode of transportation for many D.B. residents and asked Council to look at the program in that manner. President Larry Slagle with Diversified Transportation/Paul's Yellow Cab Co. stated that both he and Rudy Munoz have been working diligently with staff to fine-tune the program. He felt that there has to be an explanation for service that runs to two and three hours wait because over 95% of the calls are picked up within 15 minutes. There are circumstances where address numbers might be inverted but the company computerizes the calls. Mr. Slagle said he would be happy to work with staff to research the call to service times and provide the information to the City Council. He stated that the program is no longer a single -ride service and there will be some shared rides in an effort to keep costs down. Diversified is adding five more wheelchair vans as of the beginning of 2010 to its fleet. Diversified also serves Pomona, San Dimas, Claremont, Walnut and other cities and believes that with the computerized dispatch system and Mapquest plotting as well as, ride -sharing that the service is working toward a much better program. If there are problems, Diversified will make an effort to resolve those problems upon notification. MPT/Tye asked Mr. Slagle if when talking about the 15 -minute pickup time he was referring to picking up clients from their homes or the return trips. DECEMBER 1, 2009 PAGE 7 CITY COUNCIL Mr. Slagle said he was talking about all trips. Since the new program was implemented this month the time reports are not yet ready but will be available in about 10 days. He did know that the cost had decreased about 15%. He felt that if service times were three hours that more individuals would be reporting a problem and he felt that the dramatic time delay involved a special circumstance and would like time to investigate the matter. He apologized to the individuals who suffered the inconvenience. MPT/Tye said he was afraid that individuals who suffered those kinds of delays would no longer feel open to using the program and that is not the City's goal and certainly not Diversified's goal. Mr. Slagle said there was no excuse for him hearing those kinds of comments and he needed an opportunity to look into the matter. Mr. Slagle said he had records going back about six months and the system is being updated to track the course of the drivers so that Diversified can monitor their courses and any deviations. C/Tanaka asked if the drivers were allowed to leave their cabs. Mr. Slagle responded affirmatively. Mrs. Scarborough stated that the second party was not a second fare but rather someone walking on the street the driver stopped to pick up. In fact, the driver said to her mother-in-law that he picked up this fare all of the time and for her not to worry because he knew them. Mrs. Scarborough said that it was clear to her mother-in-law that the person was a friend of the driver and that it was not a business transaction. Rather than reporting such incidents seniors give up and stop calling for service. M/Herrera reminded the City Council that the changes were made to the program because the cost of the program was escalating. In addition, an investigation of the program by the Sheriff's Department revealed rider abuses of the system so changes needed to be made and Council is working to modify changes to make the program better. M/Herrera said she did not believe the program could return to its original format because it was very detrimental to the City and its budget. Perhaps the City can get closer to what the program used to be but it is a slow and deliberate process and believed that incremental changes would benefit the program and the riders. PWD/Liu responded to concerns. In terms of the three-hour wait and concerns about another passenger being picked up, both examples are not acceptable to the City. Staff will work closely with Diversified to determine the facts. He assured the speakers that the City wants to make DECEMBER 1, 2009 PAGE 8 CITY COUNCIL sure that there is no abuses by any drivers or people who work for the company or who are under contract with the City of D.B. He reiterated that the pickup window is 15 minutes for all trips. The current contract stipulates that if riders wait more than 40 minutes the ride is free. With respect to Mr. Rumpilla's concerns PWD/Liu stated that the City is very concerned about the budget and wants to provide a program that benefits as many users as possible. At the same time, the program was rendered more flexible for the average user by expanding the medical boundaries which covers most of Mr. Rumpilla's destination points. Beyond that, he is free to travel to other destination points by paying the regular fare beyond the 20 -mile radius. Trips to other destinations besides grocery stores in D.B. are something the Council may want to consider in the future. Staff certainly wants to encourage residents to shop in D.B. Staff wants to maintain the 24-hour advance notice in order to allow the cab company time to better plan routes and trips. C/Everett said he appreciated all of staff's recommendations. He accepts the idea of encouraging shopping in D.B. and suggested that Item 3 be expanded to any legitimate business and expanded hours to 9:00 or 10:00 p. M. C/Tanaka reminded users to let staff and the cab company know about any problems. This is a service that the City is providing for the larger percentage of individuals eligible for the service - it is not designed to be a primary mode of transportation. MPT/Tye said he agreed with earlier comments made by M/Herrera. The changes that were made were necessary to squeeze out the abuses to make every dollar go as far as possible. What he likes is that C/Everett stressed how everything was all about communication and whether it was between the residents and Council, or Council and staff and he appreciates seeing Mr. Slagle sitting with Mrs. Scarborough to get the information about what happened. MPT/Tye felt the modifications as recommended would move the program back in the right direction. He asked staff to explain why the hours should not be extended to 9:00 or 10:00 p.m. and said he was somewhat uncomfortable having participants provide a signed letter but did not have a better method for monitoring the program. He reiterated that he was not opposed to trips to medical centers outside of the 20 -mile boundaries. He felt the City needed to acknowledge that this program is the only means that some have to travel outside of their home. M/Herrera understood that providing documentation may place a burden on users but the intent is to maintain integrity for the program. One of the abuses was that a number of individuals who were finding names of doctors across the street from a shopping mall in a remote city and would DECEMBER 1, 2009 PAGE 9 CITY COUNCIL say they had a doctor's appointment when in fact they did not and would instead spend their day at the mall. The City is attempting to maintain the integrity of the program while serving the legitimate customers that truly have a need for this service and not allow abusers to have easy access to the program which drives up the costs. C/Everett moved, C/Tanaka seconded, to approve the modifications to the Diamond Ride program as recommended by staff and to continue monitoring the program. MPT/Tye asked C/Everett if it was his intent with respect to Item 3 to allow any shopping in D.B. C/Everett responded not in his motion but he wanted to encourage staff to study the best way to encourage shop D.B. MPT/Tye then asked if C/Everett was recommending that staff make its recommendation to City Council relative to the hours that would cover. C/Everett said he believed that was a reasonable assumption to improving or broadening "shop D.B." and if it is not, he would expect staff to address that issue as well. C/Chang believed that it would take a lot of time to satisfactorily tweak the program and sees a couple of changes that she believes can be made to improve the program and ensure that everything fits within the budget. As an example, perhaps the number of trips to malls outside of the City limits could be reduced to potentially allow for other enhancements such as the 24-hour service. She believes this is a work in progress and tonight she will be voting yes and expects that staff will monitor the program to ensure that it does not become cost -prohibitive. It appears the current annual expenditures will reach a total of about $480,000 of the $550,000 budget. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS: M/Herrera recessed the regular City Council Meeting to the Redevelopment Agency at 8:37 p.m. RECONVENE: M/Herrera reconvened the regular City Council Meeting at 8:47 p.m. M/Herrera thanked her husband for his constant support and patience with her and her DECEMBER 1, 2009 PAGE 10 CITY COUNCIL many activities through the years. She thanked her colleagues for voting for her to serve as Mayor for a fourth term. She said she looked forward to an outstanding 2010 of great accomplishment for D.B. She said she would pass her list on to CM/DeStefano when appropriate. She said she looked forward to working on economic development for D.B. A reserve of $32 million is phenomenal in light of the current economic situation and what neighboring cities are going through. D.B. has done a great job and she wants to make the City even stronger. There are traffic mitigation measures that need to be implemented — major investments in major arterials that slice up the City and she looks forward to lobbying for dollars for those projects. These regional concerns for the SR57/60 will require great effort by D.B. and neighboring cities. 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka congratulated MP/Tye and C/Everett on their re-election to the City Council and C/Chang for her election to the City Council. Last week he attended the California Contract Cities Association dinner meeting in Carson; the San Gabriel Council of Governments Transportation Committee meeting with M/Herrera and PWD/Liu; the AYSO Region 31 Jeff Hull Memorial Soccer Tournament at Pantera Park; he and M/Herrera attended the Eagle Scout ceremony for Kenny True, senior at D.B.H.S. He thanked the students from D.B. from Mr. Zylstra's Civics class for staying with the City Council this evening. C/Everett thanked his wife Kay on the occasion of their 42nd Wedding Anniversary November 22. She has been a great support and encouragement to him. He congratulated M/Herrera who has been a superior community servant for many years and thanked former Mayor Tanaka for his support. He congratulated and thanked MPT/Tye for his friendship and challenge and welcomed newly elected Council Member Ling -Ling Chang. He thanked the residents who voted for his return to the City Council. His concern continues to be communication, communication, communication and challenged the residents at all levels to take an interest and responsibility in their community and to hold the Council accountable. C/Chang thanked her colleagues for their warm welcome. She said she looked forward to working with everyone and the City's fabulous staff members whom she has had the privilege of working with while serving on the Parks and Recreation Commission. She thanked the community for their support and faith and she promised to do her part to make sure the City continues on a path of excellence. She congratulated MPT/Tye and former Mayor Everett upon their election to the City Council. Her door is always open. MPT/Tye thanked his colleagues for selecting him to serve as Mayor Pro Tem for the next year. He thanked D.B for their support. Elections are a great process — it is wonderful to get out and talk with people. It can be exhausting and yet wonderfully affirming to have the support of the residents. He congratulated Ling -Ling Chang on being elected to the Council and M/Herrera on an DECEMBER 1, 2009 PAGE 11 CITY COUNCIL unprecedented fourth term as Mayor of the City. He also stated that history was made when never before was an appointed Council Member to stand and be elected to the City Council and congratulated C/Everett. He congratulated Mathew and Amanda Tye on their wedding on November 22. M/Herrera thanked the residents of D.B. for voting for her colleagues because they are outstanding community members and will be great to work with and be a great team for the City. As is traditional, the Mayor makes committee assignments and she has asked staff to provide the forms to each Council Member for them to indicate their preference. She asked that the Council Members return the forms to her within a week so that the matter can be placed on the December 15 City Council meeting. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council meeting at 8:57 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this CAROL HERRERA, MAYOR day of )2009. CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # 6.2 Meeting Date: December 15, 2009 AGENDA REPORT FROM: James DeStefano, City Ma4�' TITLE: Ratification of Check Register da ed November 25, 2009 through December 9, 2009 totaling $688,982.15. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $688,982.15 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 November 25, 2009 through December 9, 2009 for $688,982.15 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: _ n � G��I 2fj�- Financ irector Assistant City Manager Attachments: Affidavit and Check Register —11/25/09 through 12/09/09. 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 November 25, 2009 through December 9, 2009 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description General Fund Prop A - Transit Fund Int. Waste Mgt Fund CA Law Enforcement Equip Fd LLAD 38 Fund Capital Improvement Projects Fund Signed: Linda G. MagAusdn Finance Director Amount $567,748.56 1,172.47 270.00 497.29 169.81 119,124.02 $688,982.15 City of Diamond Bar - Check Register 11/25/09 thru 12/09/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # I Amount I Total Check Amount 12/1/2009 87618 STATE BOARD OF EQUALIZATION ANNEXATION FEE 0014096 44000 2,000.00 $2,000.00 12/3/2009 1 87619 JA AMERICAN SELF STORAGE STORAGE RENTAL -UNIT 2303 0014090 42140 1 122.00 $122.00 12/3/2009 ARROWHEAD WATER SUPPLIES -DBC 0015333 1 41200 1 22.37 12/3/2009 1 87620 JA AMERICAN SELF STORAGE STORAGE RENTAL -UNIT 2153 0014090 1 42140 1 259.00 $259.00 12/3/2009 1 87621 AARP MATURE DRIVING CLASS 0015350 1 45300 1 152.001 $152.00 12/3/2009 1 87622 IRAMON AGUILAR FACILITY REFUND -DBC 1 001 36615 1 400.001 $400.00 12/3/2009 1 87623 JAJAX SIGN GRAPHICS INC. SUPPLIES -NAMEPLATE 0014090 41200 1 11.811 $11.81 12/3/2009 87624 JALTIMA TECHNOLOGIES INC. RENEWAL -COMP MAINT 1 0014070 1 42205 1 850.00 $850.00 12/3/2009 1 87625 JAMERICOMP GROUP INC SUPPLIES -TONER 1 0014070 45000 1 82.31 $82.31 F -1-2-13-12-00-9--T 87626 IMARIAANGELES FACILITYREFUND-PANTERA 001 23002 1 50.001 $50.00 12/3/2009 1 87627 JAPRIL I BATSON REIMB-EXCURSION 0015350 45310 1 124.00 $124.00 12/3/2009 1 87628 JARMIJO NEWSPAPER & PR AD -FALL FUN FESTIVAL OCT 0014095 1 42115 1 150.001 $150.00 12/3/2009 87629 ARROWHEAD EQ RENTAL -DBC 0015333 42130 12.06 $34.43 12/3/2009 ARROWHEAD WATER SUPPLIES -DBC 0015333 1 41200 1 22.37 12/3/2009 87630 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 11.20 $33.60 12/3/2009 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 11.20 12/3/2009 87632 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 11.20 $205.10 12/3/2009 1 87631 IDEBBIE AVILA ICONTRACT CLASS -FALL 10015350 1 45320 1 216.001 $216.00 12/3/2009 1 87632 1BALDWIN PUBLICATIONS INC IPRINT SVCS-P/R CHECKS 1 0014050 1 42110 1 205.101 $205.10 12/3/2009 1 87633 JR013ERT BEDI IFACILITY REFUND -DBC 1 001 36615 395.00 $395.00 F-1-2—/3—/2-0-0-97 87634 JANN BLASETTI IRECREATION REFUND 1 001 1 34780 65.001 $65.00 Page 1 City of Diamond Bar - Check Register 11/25/09 thru 12/09/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/312009 87635 IKATHY BREAUX CONTRACT CLASS -FALL 0015350 45320 1 172.80 $172.80 12/3/2009 87636 C.T. & F., INC RETENTION PAYABLE 250 20300 -10,495.28 $94,457.54 12/3/2009 C.T. & F., INC TRFFC SGNL-INTERCONNECT 2505510 R46412 1 104,952.82 1 12/312009 87637 ICALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES -DBC 1 0015333 1 41200 1 187.611 $187.61 12/3/2009 JDAVID DAVID VOLZ DESIGN DESIGN -WASHINGTON ST PK 2505310 46415 12.26 12/312009 87638 ICASH ICRAFT FAIR -CHANGE 1 001 1 34720 1 200.001 $200.00 12/3/2009 DAY & NITE COPY CENTER PRINT SVCS -RECREATION 0015350 42110 30.33 12/3/2009 87639 ITINA CHANG ICONTRACT CLASS -FALL 1 0015350 1 45320 1 72.001 $72.00 12/3/2009 DAY & NITE COPY CENTER PRINT SVCS -RECREATION 0015350 42110 1,218.01 12/3/2009 87640 ICITY CLERKS ASSOC. OF CALIFORNIA MEMBRSHP DUE-CRBBNS/DOYLE 0014030 1 1 42315 1 220.001 $220.00 12/3/2009 DAY & NITE COPY CENTER PRINT SVCS-P/INFO 0014095 42110 42.44 12/3/2009 87641 ICITY OF WEST COVINA FORENSIC SVCS-JUL-SEPT 0014411 1 45401 1 3,910.00 77�$3,910.00 12/3/2009 87642 ICOUNTRY GARDEN CATERERS INC FOOD-CHANG RETIREMNT 0014090 1 42325 1 1,541.301$1,541.30 12/3/2009 87643 ILOS ANGELES COUNTY PUBLIC WORKS ISEWER SVCS -PARKS 0015340 1 42126 1 202.501 $202.50 12/3/2009 87644 JDAVE BANG ASSOCIATES INC REPLACEMNT BENCHES 0015340 1 42210 1 2,072.84 $2,072.84 12/3/2009 87645 VOLZ DESIGN DESIGN -WASHINGTON ST PK 2505310 1 46415 3,366.00 $3,378.26 12/3/2009 JDAVID DAVID VOLZ DESIGN DESIGN -WASHINGTON ST PK 2505310 46415 12.26 12/3/2009 87646 DAY & NITE COPY CENTER PRINT SVCS -RECREATION 0015350 42110 436.03 $2,969.93 12/3/2009 DAY & NITE COPY CENTER PRINT SVCS -RECREATION 0015350 42110 54.33 12/3/2009 DAY & NITE COPY CENTER PRINT SVCS -RECREATION 0015350 42110 285.90 12/3/2009 DAY & NITE COPY CENTER PRINT SVCS -RECREATION 0015350 42110 30.33 12/3/2009 DAY & NITE COPY CENTER PRINT SVCS -RECREATION 0015350 42110 43.90 12/3/2009 DAY & NITE COPY CENTER PRINT SVCS -RECREATION 0015350 42110 1,218.01 12/3/2009 DAY & NITE COPY CENTER PRINT SVCS -RECREATION 0015350 42110 434.61 12/3/2009 DAY & NITE COPY CENTER PRINT SVCS-P/INFO 0014095 42110 42.44 12/3/2009 DAY & NITE COPY CENTER 1PRINT SVCS-P/INFO 0014095 1 42110 424.38 12/3/2009 1 87647 IDELTA DENTAL IDEC 09 -DENTAL PREMIUMS 1 001 1 21104 1 3,219.851 $3,219.85 Page 2 City of Diamond Bar - Check Register 11/25/09 thru 12/09/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # 1 Amount Total Check Amount 12/3/2009 87648 ICAROL DENNIS PROF.SVCS-CC MTG 0014030 44000 200.00 $200.00 12/3/2009 1 87649 IDIAMOND BAR HIGH SCHOOL AD -PHOTO CONTEST 1 0014095 1 42115 1 100.00 $100.00 12/3/2009 1 EVERGREEN INTERIORS PLANT MAINT-HERITAGE PK 0015340 42210 135.00 12/3/2009 1 87650 IDIAMOND BAR IMPROVEMENT ASSOCIATION AD-F/F FESTIVAL OCT/NOV 1 0014095 1 42115 1 450.001 $450.00 12/3/2009 EVERGREEN INTERIORS PLANT MAINT-DB LIBRARY 0014090 42210 107.00 12/3/2009 1 87651 DIAMOND BAR INTERNATIONAL DELI JMTG SUPPLIES -CC MTG 0014090 1 42325 1 175.00 $175.00 12/3/2009 EVERGREEN INTERIORS IC/HALL PLANTS -POINSETTIA 0014090 1 42210 480.63 12/3/2009 1 87652 IDISCOUNT SCHOOL SUPPLY SUPPLIES -TINY TOTS 1 0015350 1 41200 1 70.051 $70.05 12/3/2009 1 87653 IDIVERSIFIED PRINTERS IPRINT SVCS -CITY NEWS NOV 1 0014095 1 44000 1 3,646.991 $3,646.99 12/3/2009 1 87654 1DOG DEALERS INC ICONTRACT CLASS -FALL 0015350 1 45320 1 165.601 $165.60 12/3/2009 1 87655 JDR SAMIR BATNIJI FACILITY REFUND -DBC 1 001 1 23002 1 350.00 $350.00 12/3/2009 1 87656 IDUKE SERVICE COMPANY IREPAIR SVCS -DBC 1 0015333 1 42210 1 222.771 $222.77 12/3/2009 87657 EVERGREEN INTERIORS PLANT MAINT-DBC 0015333 45300 177.00 $1,279.63 12/3/2009 1 EVERGREEN INTERIORS PLANT MAINT-HERITAGE PK 0015340 42210 135.00 12/312009 87661 EVERGREEN INTERIORS PLANT MAINT-CITY HALL 0014090 42210 230.00 $200.00 12/3/2009 EVERGREEN INTERIORS PLANT MAINT-DB LIBRARY 0014090 42210 107.00 12/3/2009 87662 EVERGREEN INTERIORS PLANT MAINT-DB LIBRARY 0014090 42210 150.00 $4,875.00 12/3/2009 EVERGREEN INTERIORS IC/HALL PLANTS -POINSETTIA 0014090 1 42210 480.63 12/3/2009 1 87658 1EXECUTIVE PROMOTIONAL PRODUCTS INC PROMO ITEMS-P/INFO 1 0014095 1 41400 1 1,048.50 $1,048.50 12/312009 87659 JDAVID FERNANDEZ EXPRESS MAIL -GENERAL 0014090 1 42120 111.25 $168.83 121312009 1 IFEDEX FEDEX EXPRESS MAIL -GENERAL 0014090 1 42120 57.58 12/3/2009 1 87660 JDAVID FERNANDEZ ICONTRACT CLASS -FALL 1 0015350 1 45320 1 594.001 $594.00 12/3/2009 1 87661 JSANJEEV GANATRA IRECREATION REFUND -DBC 1 001 1 23002 200.00 $200.00 12/3/2009 1 87662 IGO LIVE TECHNOLOGY INC PROF.SVCS-CITY VIEW 001 1 23005 1 4,875.001 $4,875.00 12/3/2009 1 87663 IGRAFFITI CONTROL SYSTEMS IGRAFFITI REMOVAL -OCT 1 0015230 1 45520 1 5,200.001 $5,200.00 Page 3 City of Diamond Bar - Check Register 11/25/09 thru 12/09/09 12/3/2009 1 87670 INLAND EMPIRE STAGES EXCURSION-P/SPRINGS 0015350 45310 31168.00 $4,203.50 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/3/2009 1 87664 1GRAYBAR SUPPLIES -DBC 0015333 1 41200 1 912.521 $912.52 12/3/2009 KENS HARDWARE SUPPLIES -ROAD MAINT 0015554 41250 25.76 1213/2009 87665 ISATINA GULATI IFACILITY REFUND-SYC CYN 1 001 1 23002 1 50.001 $50.00 12/3/2009 87666 IRASHID HAKIM FACILITY REFUND -DBC 1 001 1 23002 1 700.001 $700.00 12/3/2009 1 87667 LISA MARIE HANLON 1FACILITY REFUND -PETERSON 1 001 1 23002 1 50.001 $50.00 12/3/2009 1 87668 JINLAND CUSTOM PUBLISHING GROUP AD -DBC NOV 09 0014095 1 42115 1 504.001 $504.00 1213/2009 1 87669 JINLAND EMPIRE MAGAZINE AD -DBC DEC 09 1 0014095 1 42115 1 1,295.001$1,295.00 12/3/2009 1 87670 INLAND EMPIRE STAGES EXCURSION-P/SPRINGS 0015350 45310 31168.00 $4,203.50 12/3/2009 1 INLAND EMPIRE STAGES EXCURSION -TRANSPORTATION 1125350 45310 1 1,035.50 12/3/2009 1 87671 JINLAND VALLEY DAILY BULLETIN I LEGAL AD -WATER CONS ORD 1 0014030 1 42115 1 477.501 $477.50 12/3/2009 1 87672 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL SVCS -DEC 0014431 1 45403 1 8,750.00 $10,000.00 12/3/2009 1 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT -DEC 0014431 1 45403 1 1,250.00 12/3/2009 87673 KENS HARDWARE SUPPLIES -ROAD MAINT 0015554 41250 115.18 $222.10 12/3/2009 KENS HARDWARE SUPPLIES -ROAD MAINT 0015554 41250 29.67 12/3/2009 87675 KENS HARDWARE SUPPLIES -ROAD MAINT 0015554 41250 51.49 $497.29 12/3/2009 KENS HARDWARE SUPPLIES -ROAD MAINT 0015554 41250 25.76 12/3/2009 1 87674 IKOA CORPORATION PROF.SVCS-INTERCONNECT 1 2505510 1 R46412 1 15,703.751 $15,703.75 12/3/2009 1 87675 IKUSTOM SIGNALS INC BATTERY -SHERIFF DEPT 1284411 1 46250 1 497.291 $497.29 12/3/2009 J 87676 INAMY LEE IFACILITY REFUND -DBC 1 001 1 23002 1 100.00 $100.00 12/3/2009 1 87677 ILEIGHTON &ASSOCIATES, INC. IGEOTECH REVIEW-SYC CYN PK 1 2505310 1 R46415 1 3,144.471 $3,144.47 12/3/2009 876711 LEWIS ENGRAVING INC. ENGRAVING SVCS -CITY TILE 0014090 1 42113 1 19,76 $49.67 12/3/2009 LEWIS ENGRAVING INC. ENGRAVING SVCS -NAME BADGE 0014090 42113 29.91 Page 4 City of Diamond Bar - Check Register 11/25/09 thru 12/09/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/3/2009 87680 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-36 001 34430 -119.70 $8,834.50 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-36 001 23010 119.70 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-345 001 34430 -162.45 12!312009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-345 001 23010 162.45 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-324 001 23010 68.40 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-324 001 34430 -68.40 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-354 001 34430 -8.55 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-354 001 23010 8.55 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-332 001 23010 8.55 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-332 001 34430 -8.55 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-357 001 34430 -34.20 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-357 001 23010 34.20 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-259 001 34430 -8.55 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-259 001 23010 8.55 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-361 001 34430 -85.50 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-361 001 23010 85.50 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-366 001 34430 -179.55 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-366 001 23010 179.55 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-308 001 34430 -119.70 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-308 001 23010 119.70 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-359 001 34430 -25.65 1 2 /312 0 0 9 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2009-359 001 23010 25.65 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-332 001 34430 -8.55 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-332 001 34430 8.55 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-332 001 34430 -153.90 12/312009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-332 001 23010 153.90 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-147 001 34430 -25.65 12/3/2009 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-147 001 23010 25.65 12/3/2009 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG OCT 09 0015210 44250 3,372.50 12/312009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2009-36 001 23010 665.00 121312009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-332 001 23010 47.50 12/3/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL PP 2009-09 001 23010 855.00 12/312009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2005-147 001 23010 142.50 12/3/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-357 001 23010 190.00 Page 5 City of Diamond Bar - Check Register 11/25/09 thru 12/09/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/3/2009 87680... LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2009-259 001 23010 47.50 $8,834.50 ... 12/3/2009 87683 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2007-361 001 23010 475.00 $13.59 12/3/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2009-366 001 23010 997.50 12/3/2009 87684 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2009-308 001 23010 665.00 $2,440.00 12/3/2009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2009-345 001 23010 902.00 12/3/2009 87685 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-324 001 23010 380.00 $28.71 121312009 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2009-354 001 23010 47.50 12/3/2009 87686 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-332 001 23010 47.501 1 12/3/2009 87681 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL -OCT 09 0014411 45402 8,859.40 $434,309.83 12/3/2009 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES -OCT 09 1125553 45402 136.97 12/3/2009 87683 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -OCT 09 0014411 45401 425,313.46 $13.59 1213/2009 F87682 87689 JJEANETTEMALDONADO IFACILITY REFUND -DBC 001 36615 1,30o.00l $1,300.00 1213!2009 ORKIN PEST CONTROL INC PEST CONTROL-B/CYN 0015340 422110j_63.37 0.90 12/3/2009 1 87683 IMARTIN & CHAPMAN CO CERTIFICATES -ELECTION 0014035-1 42390 1 13.591 $13.59 1/2009 213 87684 MATLOCK ASSOCIATES INC ADA RETROFIT-SYC CYN PK 2505310 R46415 2,440.00 $2,440.00 12/3/2009 1 87685 MINUTEMAN PRESS R & D BLUEPRINT IPRINT SVCS -GENERAL 0014090 1 42110 1 28.71 $28.71 12/3/2009 1 87686 IMOBILE RELAY ASSOCIATES INC IREPEATER SVCS -DEC 09 0014440 1 42130 1 78.751 $78.75 12/3/2009 87687 NETWORK INNOVATION ASSOCIATES ICOMP MAI NT-EOC SATELLITE 0014070 1 42205 1 3,546.001 $3,546.00 12/3/2009 87688 NEXTEL COMMUNICATIONS CHRGS-PNV,C/S,C/D 0014090 1 42130 1 525.47 $525.47 12/3/2009 87689 ORKIN PEST CONTROL INC PEST CONTROL SVCS-B/CYN 0015340 1 42210 1 60.64 $124.01 1213!2009 ORKIN PEST CONTROL INC PEST CONTROL-B/CYN 0015340 422110j_63.37 0.90 12/3/2009 87690 IORGE OROZCO IFACILITY REFUND -DBC 1 001 1 23002 1 350.001 $350.00 12/3/2009 87691 OZONE ROOFING REFUND -PERMIT 001 34110 78.64 $80.54 12/312009 OZONE ROOFING REFUND -PERMIT 001 34350 0.90 12/3/2009 OZONE ROOFING REFUND -PERMIT 001 34355 1.00 Page 6 City of Diamond Bar - Check Register 11/25/09 thru 12/09/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/3/2009 87692 VICTOR PACHECO FACILITY REFUND -HERITAGE 001 1 23002 1 200.001 $200.00 12/3/2009 1 87693 IPOMONA JUDICIAL DISTRICT IPARKING CITATION FEES -OCT 001 32230 1 3,410.50 $3,410.50 $501.56 1 12/3/2009 SUPPLIES -SR BINGO REINBERGER PRINTWERKS PRINT SVCS -ENVELOPES 0014090 42110 1 12/3/2009 87694 1PRIORITY MAILING SYSTEMS INC JEQ MAINT-FOLDING MACHINE 1 0014090 1 42200 1 1,880.001$1,880.00 $50.00 12/3/2009 1 87695 JPTM DOCUMENT SYSTEMS IPRINT SVCS -TAX FORMS -W2 1 0014050 1 42110 1 39.38 $39.38 12/3/2009 1 87696 REAGAN'S COUNTRY CAFE' EXCURSION-REAGAN'S CAFE 1 0015350 1 45310 1 697.501 $697.50 12/3/2009 1 12/3/2009 87697 REINBERGER PRINTWERKS PRINT SVCS-B/CARDS 0014095 42110 71.34 $501.56 1 12/3/2009 SUPPLIES -SR BINGO REINBERGER PRINTWERKS PRINT SVCS -ENVELOPES 0014090 42110 1 430.22 87699 12/3/2009 1 87698 RONALD REAGAN PRESIDENTIAL LIBRARY EXCURSION -LIBRARY 1 0015350 1 45310 1 660.001 $660.00 $4,050.00 1 12/3/2009 SUPPLIES -SR BINGO SIMPSON ADVERTISING INC LAYOUT SVCS -CITY NEWS NOV 0014095 44000 1 12/3/2009 1 87699 ISAN GABRIEL VALLEY COUNCIL OF GOVT ITAC MTG-LIU, YEE 0015510 1 42325 1 50.001 $50.00 12/3/2009 1 87700 ISIGN CONTRACTORS INC INSTALL -BANNERS 0015350 1 45300 1 118.751 $118.75 ' 12/3/2009 1 87701 ISILVER STATE COACH INC TRANSPORTATION-V/PATROL 1 0014415 1 42325 1 510.461 $510.46 12/3/2009 12/3/2009 1 87702 SIMPSON ADVERTISING INC LAYOUT SVCS -DEC 09 0014095 44000 2,250.00 $4,050.00 1 12/3/2009 SUPPLIES -SR BINGO SIMPSON ADVERTISING INC LAYOUT SVCS -CITY NEWS NOV 0014095 44000 1 1 1,800.00 12/3/2009 1 87703 SMART & FINAL SUPPLIES -SR BINGO 0015350 41200 144.47 $160.04 12/3/2009 1 ISMART & FINAL SUPPLIES -SR BINGO 0015350 41200 1 1 15.57 12/3/2009 87704 SO CAL SANITATION EQ RENTAL-AUG/SEPT 09 0015340 1 42130 255.99 $782.26 12/3/2009 ISO CAL SANITATION EQ RENTAL-SYC CYN PK 0015340 1 42210 526.27 12/3/2009 87705 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 126.98 $169.81 12/3/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 21.57 12/3/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 21.26 12/312009 87706 WATER SUPPLIES -CITY HALL 0014090 1 41200 301.09 $311.84 12/3/2009 ISPARKLETTS SPARKLETTS EQ RENTAL -OCT 09 0014090 1 42130 10.75 Page 7 City of Diamond Bar - Check Register 11/25/09 thru 12/09/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/3/2009 87707 STANDARD ROOFING CO REFUND -PERMIT 001 34110 87.52 $89.22 12/3/2009 87709 STANDARD ROOFING CO REFUND -PERMIT 001 34350 0.70 $145.07 1213/2009 STANDARD ROOFING CO REFUND -PERMIT 001 34355 1.00 12/3/2009 1 87708 ITHE BASHFUL BUTLER LLC DINNER -SR HOLIDAY DANCE 1 0015350 1 45300 1 1,950.001 $1,950.00 12/3/2009 US BANK FUEL -COMM SVCS 0015310 42310 187.69 12/3/2009 1 87709 THE GAS COMPANY IGAS SVCS -DBC 1 0015340 1 42126 1 145.071 $145.07 12/3/2009 US BANK FUEL -COMM SVCS 0015310 42310 75.00 12/3/2009 1 87710 ITHE SAUCE CREATIVE SERVICES SUPPLIES -RECREATION 10015350 1 41200 1 2,000.001 $2,000.00 12/3/2009 US BANK MISAC CONF-DESFORGES 0014070 42330 413.58 12/3/2009 187711 ITIME WARNER MODEM SVCS -COUNCIL 1 0014010 1 42130 1 46.951 $46.95 12/3/2009 US BANK COMP MAINT-I.T. 0014070 42205 43.99 12/3/2009 1 87712 ITIME WARNER IMODEM SVCS -COUNCIL 1 0014010 1 42130 1 46.951 $46.95 12/312009 US BANK MEMBERSHIP DUES-LIU 0015510 42315 171.25 12/3/2009 1 87713 ITIME WARNER CABLE MEDIA SALES JDBC AD-OCT/NOV 1 0014095 1 42115 1 1,059.001 $1,059.00 12/3/2009 87715 US BANK SUPPLIES -DBC 0015333 42210 5.92 $12,142.64 12/3/2009 US BANK FUEL -COMM SVCS 0015310 42310 187.69 121312009 US BANK FUEL -ROAD MAINT 0015554 42310 136.18 12/3/2009 US BANK FUEL -COMM SVCS 0015310 42310 75.00 12/3/2009 US BANK MAINT-COMM SVCS 0015310 42210 220.00 12/3/2009 US BANK MISAC CONF-DESFORGES 0014070 42330 413.58 12/3/2009 US BANK MISAC CONF-DESFORGES 0014070 42330 645.52 12/3/2009 US BANK COMP MAINT-I.T. 0014070 42205 43.99 12/3/2009 US BANK MEMBERSHP DUES-DESFORGES 0014070 42315 99.00 12/312009 US BANK MEMBERSHIP DUES-LIU 0015510 42315 171.25 12/3/2009 US BANK SUPPLIES -COMM SVCS 0015310 41200 863.86 12/3/2009 US BANK BENCH -COMM SVCS 0015340 46250 674.98 12/3/2009 US BANK COMP MAINT-I.T. 0014070 42205 995.00 12/3/2009 US BANK SUPPLIES -COMM SVCS 0015350 41200 1,344.69 12/3/2009 US BANK MEMO CREDIT -GENERAL 0014090 41400 -40.00 12/3/2009 US BANK SUPPLIES -COMM SVCS 0015350 41200 212.91 12/3/2009 US BANK TRNG-RECREATION 0015350 42325 20.00 12/3/2009 US BANK SUPPLIES -DBC 0015333 41200 619.46 12/3/2009 US BANK SUPPLIES -RECREATION 0015350 1 41200 90.97 Page 8 City of Diamond Bar - Check Register 11/25/09 thru 12/09/09 Check Date Check Number Vendor Name Transaction Description Fund( Dept Acct # Amount Total Check Amount 12/3/2009 87715... US BANK MTG-COUNCIL 0014010 42325 35.08 $12,142.64 ... 12/3/2009 US BANK JPIA CONF-CMGR 0014030 42330 530.15 12/3/2009 US BANK INTERVIEW PANEL -HIR 0014060 42325 88.25 12/3/2009 US BANK MTG-SHERIFF 0014030 42325 46.00 12/3/2009 US BANK SUPPLIES -RECREATION 0015350 41200 211.18 12/3/2009 US BANK MTG-COMM SVCS 0015310 42325 130.40 12/3/2009 US BANK CCCA CONF-COUNCIL 0014010 42330 213.46 12/3/2009 US BANK CCCA CONF-COUNCIL 0014010 42330 218.46 12/3/2009 US BANK FUEL -COMM SVCS 0015310 42310 216.50 12/3/2009 US BANK FUEL-NGHBRHD IMP 0015230 42310 70.00 12/3/2009 US BANK EMP RECOG-H/R 0014060 42347 39.99 12/3/2009 US BANK MTG-HIR 0014060 42325 7.48 12/3/2009 US BANK FUEL -COMM SVCS 0015310 42310 338.00 12/3/2009 US BANK FUEL -POOL VEH 0014090 42310 108.00 12/3/2009 US BANK FUEL -ROAD MAINT 0015554 42310 56.00 12/3/2009 US BANK FUEL -COMM SVCS 0015310 42310 62.22 12/3/2009 US BANK FUEL -COMM SVCS 0015310 42310 214.05 12/3/2009 US BANK FUEL -ROAD MAINT 0015554 42310 533.80 12/312009 US BANK FUEL-NGHBRHD IMP 0015230 42310 148.12 12/3/2009 US BANK MTGS-GENERAL 0014090 42325 560.37 12/3/2009 US BANK SUPPLIES -GENERAL 0014090 41200 30.31 12/3/2009 US BANK FUEL-NGHBRHD IMP 0015230 42310 204.13 12/3/2009 US BANK SUPPLIES -DBC 0015333 41200 19.71 12/3/2009 US BANK GFOA GAAP UPDATE -FINANCE 0014050 42340 135.00 12/3/2009 US BANK PUBLICATIONS -FINANCE 0014050 42320 23.63 12/3/2009 US BANK SUPPLIES -GENERAL 0014090 41200 50.15 1213/2009 US BANK PRINT SVCS -FEMA APPEAL 0014090 42110 92.96 12/3/2009 US BANK LEAGUE CONF-MCLEAN 0014030 42330 50.00 12/3/2009 US BANK LEAGUE CONF-DOYLE 0014030 42330 50.00 12/3/2009 US BANK SUPPLIES-P/INFO 0014095 41200 26.63 12/3/2009 US BANK AD -PHOTO CONTEST 0014095 42115 393.89 12/3/2009 US BANK MEMO CREDIT-P/INFO 0014095 42340 -72.95 12/3/2009 US BANK SUPPLIES-P/WORKS 0015510 41200 36.17 12/3/2009 US BANK MTG-P/WORKS 0015510 1 42325 1 50.50 Page 9 City of Diamond Bar - Check Register 11/25/09 thru 12/09/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/3/2009 12/3/2009 87715... JUS BANK US BANK ITS MTG-R YEE CIWMB CONF-GALLEGOS 0015510 1155515 42325 42330 175.00 270.00 $12,142.64... 12/3/2009 87716 JUS HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICAL 0014060 1 42345 1 112.001 $112.00 12/3/2009 87717 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 108.23 $917.28 12/3/2009 SUPPLIES -HERITAGE PK VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 88.02 WAXIE SANITARY SUPPLY 12/3/2009 87719 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 35.43 $150.00 12/3/2009 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 88.02 12/3/2009 87720 VERIZON CALIFORNIA PH.SVCS-DIAL IN MODEM 0014090 42125 74.55 $600.00 12/3/2009 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 259.08 12/3/2009 W/T00111 VERIZON CALIFORNIA PH.SVCS-REAGAN PK 0015340 42125 88.02 $27,182.31 12/3/2009 VERIZON CALIFORNIA PH.SVCS-MAPLE HILL 0015340 42125 88.02 $688,982.15 12/3/2009 VERIZON CALIFORNIA PH -SVCS -GENERAL 0014090 1 42125 87.91 12/3/2009 1 87718 IVERMONT SYSTEMS INC ICOMP MAINT-COMM SVCS 1 0014070 42205 500.00 $500.00 WAXIE SANITARY SUPPLY SUPPLIES -HERITAGE PK 0015340 41200 387.58 12/3/2009 WAXIE SANITARY SUPPLY 12/3/2009 87719 IVISION INTERNET PROVIDERS INC IMONTHLY HOSTING-NOV 09 1 0014070 44030 150.00 $150.00 12/3/2009 87720 IWALNUT VALLEY UNIFIED SCHOOL DIST IFACILITY RENTAL-SEPT-NOV 1 0015350 42140 600.001 $600.00 12/3/2009 87721 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 899.77 $1,601.18 12/3/2009 WAXIE SANITARY SUPPLY SUPPLIES -HERITAGE PK 0015340 41200 387.58 12/3/2009 WAXIE SANITARY SUPPLY SUPPLIES -HERITAGE PK 0015340 41200 313.83 001 12/3/2009 87722 WEST COAST MEDIA AD -HOLIDAY DECOR CONTEST 0014095 1 42115 700.00 $700.00 12/3/2009 87723 JON WINDHAM IRECREATION REFUND 001 34780 105.00 $105.00 12/3/2009 67724 LYNN WONG IFACILITY REFUND-REAGAN PK 001 1 23002 1 50.00 $50.00 121312009 W/T00111 JUNION BANK OF CALIFORNIA, NA ILEASE PAYMENT -DBC DEC 09 0014090 1 42140 1 27,182.311 $27,182.31 $688,982.15 Page 10 CITY COUNCIL Agenda # h _ Meeting Date: December 15, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A POLICY FOR THE DISTRIBUTION OF TICKETS AND PASSES RECEIVED BY THE CITY OF DIAMOND BAR RECOMMENDATION: Adopt. FINANCIAL IMPACT: None. BACKGROUND: California Fair Political Practices Commission (FPPC) Rule 18944.1, which established that complimentary tickets 'or passes given to an agency, and then distributed by the agency to its employees or officers, are not considered reportable gifts under the Political Reform Act. This rule was amended in December 2008, to restrict this exemption. The City has not received complimentary tickets to events that are later distributed to officials or employees, and does not expect to. The purpose of the attached policy is solely designed to comply with the new revisions to state law. DISCUSSION: Per the new amendments to FPPC Rule 18944.1(c), a ticket or pass is not considered a reportable gift under the Political Reform act if obtained by the City as part of a contract or policy for use of public property, provided the City complies with the following new distribution and disclosure requirements: Distribution of tickets or passes must be made pursuant to an adopted written policy of the City Council containing the following provisions: a. A provision setting forth the public purposes of the agency to be accomplished by the distribution of tickets or passes. b. A provision requiring that the distribution of any ticket or pass by the agency to, or at the behest of, an official, accomplish a public purpose of the agency. c. A provision prohibiting the transfer by any official of any ticket or pass, distributed to such official pursuant to the agency policy, to any other person, except to members of the official's immediate family solely for their personal use. The amended Rule does not provide guidance about what is considered an acceptable "public purpose", but does state that "the Commission recognizes the discretion of the legislative or governing body of an agency to determine whether the distribution of a ticket or pass serves a legitimate public purpose of the agency, provided the determination is consistent with state law." Section 5 of the attached policy resolution identifies the public purposes which may be served by the distribution of tickets or passes. 2. The distribution of a ticket or pass must be disclosed within 30 days in "a prominent fashion" on the City's website using a form provided by the FPPC, or on a form which complies with Rule 18944.1(c). To accomplish the mandated disclosure of ticket or pass distributions, FPPC Form 802 was created and is attached here. The Rule provides no guidance on what is considered "prominent" placement on the website. It should also be noted that the gift exemption applies only to the value of the event admission and the items included with admission. The exemption does not apply to "any other benefits the official may receive that are not included with admission, such as food or beverages, or any other item presented to the official at the event." Section F of the proposed policy contains a reminder of this limit. PREPARED B Ryan cLean, Assistant to the City Manager Attachment: Resolution 2009 -XX, Establishing a Policy For The Distribution of Tickets and Passes Received By The City of Diamond Bar. 2 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A POLICY FOR THE DISTRIBUTION OF TICKETS AND PASSES RECEIVED BY THE CITY OF DIAMOND BAR The City Council of the City of Diamond Bar does hereby resolve and order as follows: SECTION 1: The City Council finds as follows: A. On December 11, 2008, the California Fair Political Practices Commission ("FPPC") amended its regulations regarding the distribution of tickets and passes received by public agencies, and the circumstances under which such distribution would not require disclosure by public officials as income or a gift; B. The FPPC regulations now require the City to set forth a written policy regarding the distribution of tickets and passes received by the City; C. The FPPC recognizes the discretion of local agency governing bodies, including the City Council, to determine if the distribution of tickets and passes serves a legitimate public purpose of the agency; D. The receipt of such tickets and passes is a resource of the City and not of its officials or employees; E. The City desires to distribute this resource in a manner that furthers the public purposes of the City, as described herein; and F. The City has a strong public purpose in ensuring the quality and continued improvement of events and attractions in the City. SECTION 2: Definitions. Unless specifically stated to the contrary, all terms in this Resolution shall be defined as set forth in California Government Code section 82000, et seq., and California Code of Regulations, Title 2, Division 6, Section 18944.1. SECTION 3: Purpose of Policy. The purpose of this policy is to ensure all tickets and passes received by the City are distributed in furtherance of the City's stated public purposes and in accordance with California Code of Regulations, Title 2, Division 6, Section 18944.1. SECTION 4: Application. This resolution shall apply only to tickets or passes distributed by the City to, or at the behest of, public officials. This includes distribution of any tickets or passes received under contract or agreement where the consideration to the City includes a certain number of tickets or passes to the event which is the subject of the contract or agreement. Tickets or passes received by an official from sources other than the City shall be treated in accordance with any applicable section of the Political Reform Act and FPPC regulations. 3 SECTION 5: Public Purposes. Tickets and passes shall be distributed by the City only in furtherance of any or all of the following public purposes: A. Promotion of local businesses, events, tourism, or public facilities. B. Promotion of public or private events on City -owned property. C. Promotion of City programs, facilities, and available resources. D. Promotion of programs and resources available to the City's residents from sources other than the City. E. Promotion or acknowledgement of the achievements or accomplishments of residents or businesses of the City. F. Promotion of special events under any City contract or agreement. G. Fostering or promotion of economic growth or economic development in the City. H. Employee recognition or retention. I. Practicing open government though appearances by public officials or participation at public or private events. J. Hosting of public or private events intended to serve any of the public purposes identified in this Resolution. K. As an incident to the above public purposes, allowing for the immediate family of public officials to accompany the officials to events to accomplish any of the purposes listed in this Resolution. SECTION 6: Limitations on Tickets or Passes Distributed to Public Officials. Tickets or passes distributed to a public official under this policy are solely for the personal use of the official or his or her immediate family. Any unused ticket or pass distributed to a public official under this policy must be returned to the City for redistribution if the ticket or pass remains valid. Under no circumstances may the ticket or pass be sold or further distributed by the official, except to the official's immediate family for their personal use. SECTION 7: Other Benefits Not Included. Recipient officials are cautioned to consult Section 18944.1(f) of the FPPC regulations, which limits the ticket or pass gift exemption to only the value of the ticket or pass, and does not include other benefits received at the event, including food or beverages. SECTION 8: Ticket or Pass Distribution. The City Manager, or his or her designee, shall be responsible for distribution of tickets or passes in accordance with this policy. The City Council hereby authorizes the City Manager to exercise the City's discretion in determining if distribution of the tickets or passes complies with this policy, including any distribution to the City Manager or his or her immediate family. SECTION 9: Posting of Policy. This policy shall be posted on the City's website in a prominent fashion, as required by Section 18944.1(c) of the FPPC's regulations. SECTION 10: Posting of Ticket or Pass Distribution. In accordance with Section 18944.1(d) of the FPPC's regulations, any distribution of passes or tickets under this policy shall be posted in a prominent fashion on the City's website within thirty (30) days of the distribution. The posting shall contain all information required by Section 9 18944.1(d). The posting shall use FPPC Form 802, or any form approved for this purpose by the City Manager. SECTION 11: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. SECTION 12: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED, APPROVED AND ADOPTED THIS 15th DAY OF DECEMBER 2009. Carol Herrera, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of December, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye Cribbins, City Clerk Tickets Provided by Agency Report 1. Agency Name A Public Document Date Stamp TICKETS PROVIDED BY AGENCY REPORT , Department, or Region (if applicable) i I For official Use only ❑ Amendment (Must explain in Part 5) (name and title) Date of Original Filing: (month, day, year) 2. Event For Which Tickets Were Distributed Date(s) of Event: Description of Event: Face Value of Ticket: $ Agency Event ❑ Yes ❑ No (Identify source of tickets below.) Name of Outside Source of Ticket(s) Provided to Agency: Number of Tickets Received: Ticket(s) Provided to Agency: ❑ Gratuitously ❑ Pursuant to Contract 3. Agency Official(s) Receiving Ticket(s) (use a continuation sheet for additional names) 4. Individual or Organization Receiving Ticket(S) (Provided at the behest of an agency official.) Name of Behesting Agency Official: Name of Individual or Organization: Description of Organization: Number of Tickets: Address of Organization: Number and Street City State Zip Code Purpose for Distribution: (Describe the public purpose for the distribution to the organization.) 5. Verification I have determined that the distribution of tickets set forth above is in accordance with the provisions of FPPC Regulation 18944.1. Signature of Agency Head or Designee Print Name Title (month, day, year) Comment: (Use this space or an attachment for any additional information including amendment explanation ) FPPc Form 802 (Feb/09) FPPC Toll -Free Helpline: 866/ASK-FPPC (866/275-3772) Agenda # 6.4 Meeting Date: December 15, 2009 CITY COUNCIL '�r�> AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mana e TITLE: Adjourn December 15, 2009 City Co ncil Meeting to January 19, 2010. RECOMMENDATION: Approve. BACKGROUND: It has been suggested that the Council consider the cancellation of the City Council Meeting scheduled for January 5, 2010. There are no pressing matters or public hearings scheduled and therefore adjourning the meeting will not cause the City any hardship. Should the City Council concur, it is recommended that the Mayor adjourn the December 15, 2009 Council Meeting to January 19, 2010. Prepared by - 4! OATomrnyd Cribbins, City Clerk CITY COUNCIL Agenda # _ 6.9 Meeting Date: December 15, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma TITLE: APPROVAL OF AMENDMENT A TO THE CONSULTING SERVICES AGREEMENT WITH GARY L. NEELY, EXTENDING THE AGREEMENT AT THE MONTHLY AS -NEEDED RATE OF $1,620 FOR A PERIOD OF TWENTY-FOUR MONTHS, COMMENCING JANUARY 1, 2010 AND EXPIRING DECEMBER 31, 2011 RECOMMENDATION: Approve. FINANCIAL IMPACT: The 24 month contract extension is at a monthly as -needed rate of $1,620.00. Since FY 06-07, the annual cost of the contract has not exceeded $19,440, as shown in the chart below. Fiscal Year Total Cost 2006-07 $19,440 2007-08 $19,440 2008-09 $1,620 2009 (Through December $0 BACKGROUND/DISCUSSION: Mr. Neely's current contract to provide governmental affairs consulting services expires December 31, 2009. It is recommended the Council approve the attached contract amendment, which extends his contract at the current monthly as -needed rate of $1,620 for a period of two years (beginning January 1, 2010 and expiring December 31, 2011). Mr. Neely's scope of work is determined by the City Manager and members of the Council. Previously, he has consulted for the City on various intergovernmental matters such as: • Tres Hermanos Conservation Authority • Wildlife Corridor Conservation Authority • Rivers & Mountains Conservancy • National Parks Service San Gabriel River Watershed Study • Statewide water issues The recommended contract extension will ensure Mr. Neely's consulting work on these and other ongoing City issues continues for an additional two years. Attachment: Amendment A to the Consulting Services Agreement With Gary L. Neely 2 AMENDMENT NO. 1 CONSULTING SERVICES AGREEMENT This Amendment No.1 to the Consulting Services Agreement is made and entered into this 15'h day of December, 2009, between the CITY OF DIAMOND BAR, a municipal corporation (hereinafter referred to as "CITY") and Gary L. Neely (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i) The CITY has heretofore entered into an Agreement with CONSULTANT to provide governmental affairs consulting services dated July 1, 2008. (ii) The Agreement between CITY and CONSULTANT has been extended through December 31, 2011. NOW THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: RECITALS Subsection C of the Agreement is hereby amended to read as follows: "C. Consultant will continue to provide additional "as needed" services at the rate of $1,620.00 per month commencing January 1, 2010, and continuing to December 31, 2011." IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney ATTEST: CITY OF DIAMOND BAR Tommye Cribbins, City Clerk DATE: 2 CONSULTANT: Carol Herrera, Mayor CONSULTING SERVICES AGREEMENT With GARY L. NEELY This Agreement is made and entered into this 1St day of July 2008, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and Gary L. Neely ("Consultant"). RECITALS A. The City desires to continue to utilize the services of Consultant as an independent contractor providing Governmental Affairs Consulting Services to the City. B. The current Consulting Services Agreement with Consultant is set to expire on June 30, 2008. C. Consultant will continue to provide additional "as -needed" services at the rate of $1,620.00 per month commencing July 1, 2008, and continuing to December 31, 2009. D. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and 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 include Government Affairs Consulting Services as determined by the City Manager or members of the City Council. 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 the City Council Report dated July 1, 2008 , attached hereto as Exhibit "A" . C. Consultant shall provide City Manager with a written report prepared each month outlining the activities performed by consultant and status of assigned projects. Consultant shall provide City Manager with timely written reports providing a summary of attended meetings and discussions therein and provide relevant documentation received from such meetings. 2. Term of Agreement. This contract shall be in effect from July 1, 2008 to December 31, 2009, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant on a time and material basis at the rate of $1,620.00 per month. Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed $29,160. 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: City Manager Consultant City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 6. Status as Independent Consultant. Gary L. Neely 13933 Laurelwood Avenue Corona, CA 92880 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 in 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. 2 C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employee's. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' 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. D. Consultant shall, at Consultant's sole cost and expense, obtain a valid City of Diamond Bar Business License. 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. A. 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 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. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. C. 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 than A VII. D. Consultant 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. 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, direct 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 (15t") 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 its 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 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 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. 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 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 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. APPROVED AS TO FORM: City Attorney ATTEST: CONSULTANT CITY OF DIAMOND BAR Jack Tanaka, Mayor Tommye Cribbins, City Clerk CITY COUNCIL Agenda # _ 6.9 Meeting Date: December 15, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma TITLE: APPROVAL OF AMENDMENT A TO THE CONSULTING SERVICES AGREEMENT WITH GARY L. NEELY, EXTENDING THE AGREEMENT AT THE MONTHLY AS -NEEDED RATE OF $1,620 FOR A PERIOD OF TWENTY-FOUR MONTHS, COMMENCING JANUARY 1, 2010 AND EXPIRING DECEMBER 31, 2011 RECOMMENDATION: Approve. FINANCIAL IMPACT: The 24 month contract extension is at a monthly as -needed rate of $1,620.00. Since FY 06-07, the annual cost of the contract has not exceeded $19,440, as shown in the chart below. Fiscal Year Total Cost 2006-07 $19,440 2007-08 $19,440 2008-09 $1,620 2009 (Through December $0 BACKGROUND/DISCUSSION: Mr. Neely's current contract to provide governmental affairs consulting services expires December 31, 2009. It is recommended the Council approve the attached contract amendment, which extends his contract at the current monthly as -needed rate of $1,620 for a period of two years (beginning January 1, 2010 and expiring December 31, 2011). Mr. Neely's scope of work is determined by the City Manager and members of the Council. Previously, he has consulted for the City on various intergovernmental matters such as: • Tres Hermanos Conservation Authority • Wildlife Corridor Conservation Authority • Rivers & Mountains Conservancy • National Parks Service San Gabriel River Watershed Study • Statewide water issues The recommended contract extension will ensure Mr. Neely's consulting work on these and other ongoing City issues continues for an additional two years. Attachment: Amendment A to the Consulting Services Agreement With Gary L. Neely 2 AMENDMENT NO. 1 CONSULTING SERVICES AGREEMENT This Amendment No.1 to the Consulting Services Agreement is made and entered into this 15'h day of December, 2009, between the CITY OF DIAMOND BAR, a municipal corporation (hereinafter referred to as "CITY") and Gary L. Neely (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i) The CITY has heretofore entered into an Agreement with CONSULTANT to provide governmental affairs consulting services dated July 1, 2008. (ii) The Agreement between CITY and CONSULTANT has been extended through December 31, 2011. NOW THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: RECITALS Subsection C of the Agreement is hereby amended to read as follows: "C. Consultant will continue to provide additional "as needed" services at the rate of $1,620.00 per month commencing January 1, 2010, and continuing to December 31, 2011." IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney ATTEST: CITY OF DIAMOND BAR Tommye Cribbins, City Clerk DATE: 2 CONSULTANT: Carol Herrera, Mayor CONSULTING SERVICES AGREEMENT With GARY L. NEELY This Agreement is made and entered into this 1St day of July 2008, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and Gary L. Neely ("Consultant"). RECITALS A. The City desires to continue to utilize the services of Consultant as an independent contractor providing Governmental Affairs Consulting Services to the City. B. The current Consulting Services Agreement with Consultant is set to expire on June 30, 2008. C. Consultant will continue to provide additional "as -needed" services at the rate of $1,620.00 per month commencing July 1, 2008, and continuing to December 31, 2009. D. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and 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 include Government Affairs Consulting Services as determined by the City Manager or members of the City Council. 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 the City Council Report dated July 1, 2008 , attached hereto as Exhibit "A" . C. Consultant shall provide City Manager with a written report prepared each month outlining the activities performed by consultant and status of assigned projects. Consultant shall provide City Manager with timely written reports providing a summary of attended meetings and discussions therein and provide relevant documentation received from such meetings. 2. Term of Agreement. This contract shall be in effect from July 1, 2008 to December 31, 2009, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant on a time and material basis at the rate of $1,620.00 per month. Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed $29,160. 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: City Manager Consultant City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 6. Status as Independent Consultant. Gary L. Neely 13933 Laurelwood Avenue Corona, CA 92880 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 in 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. 2 C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employee's. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' 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. D. Consultant shall, at Consultant's sole cost and expense, obtain a valid City of Diamond Bar Business License. 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. A. 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 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. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. C. 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 than A VII. D. Consultant 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. 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, direct 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 (15t") 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 its 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 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 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. 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 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 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. APPROVED AS TO FORM: City Attorney ATTEST: CONSULTANT CITY OF DIAMOND BAR Jack Tanaka, Mayor Tommye Cribbins, City Clerk CITY COUNCIL Agenda # 6.6 (a) Meeting Date: December 15, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: APPROVE PLANS AND PECIFICATIONS AND AWARD CONSTRUCTION CONTRACT FOR THE 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATION PROJECT IN THE VICINITY OF CASTLE ROCK ELEMENTARY SCHOOL TO FS CONSTRUCTION IN THE AMOUNT OF $22,785.00 AND AUTHORIZE A CONTINGENCY AMOUNT OF $5,600 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $28,385.00. RECOMMENDATION: Approve plans and specifications and award the contract. FINANCIAL IMPACT: The current Fiscal Year 2009-2010 Budget has $117,026.00 of Community Development Block Grant (CDBG) funds appropriated for the curb ramp installation project. To date, approximately $72,200.00 has been encumbered for design and construction administration services of the project. In an effort to fully expend the CDBG appropriation by the deadline of March 2010, a contingency of approximately 25% is requested at this time so that additional curb ramps can be added to the contract through a change order. It is anticipated that staff will return to Council at a later date to request a contract amendment for the remaining CDBG appropriation amount of $16,441 if additional curb ramps requiring ADA upgrades are discovered in the project area. BACKGROUND/DISCUSSION: The project includes the complete construction of 16 new and upgraded curb ramps in the vicinity of Castle Rock Elementary School. The project went out for bids on November 17, 2009 and bids were opened on December 8, 2009. There was one addendum issued for the project and it was issued due to the Federal Wage Decision modification that occurred after the project was advertised. A total of fifteen (15) bids were received for the project. The results of the bids were as follows: Company Bid Amount 1. FS Construction $ 22,785.00 2. Kormx, Inc. $ 28,752.00 3. SJ Grigolla $ 29,700.00 4. Quality First Concrete $ 30,000.00 5. CJ Concrete $ 31,100.00 6. Kalban, Inc. $ 33,945.00 7. HYM Engineering, Inc. $ 35,029.00 8. Grigolla & Sons $ 37,260.00 9. Rafael 26 $ 38,000.00 10. S. Parker Inc. $ 40,000.00 11. GBA Engineering $ 41,134.00 12. KM Consulting $ 44,750.00 13. Nobest Inc. $ 47,400.00 14. NPG, Corp. $ 49,676.00 15. EBS, Inc. $ 50,505.05 FS Construction's bid documents failed to include a signed copy of the Addendum issued for this project as required by the instruction in the Addendum. The purpose of the Addendum was to alert the prospective bidders to a modification to a federal wage decision; as it turned out, the modification had no bearing whatsoever on this project and had no effect on the bid prices. The City Attorney has reviewed the irregularity of not including a signed copy of the Addendum. The bid solicitation documents in this instance allow the Council to waive irregularities in the bids. In this instance, the failure to submit the signed Addendum had no effect because the subject of the Addendum was irrelevant to the project. Staff concurs with the City Attorney that the discrepancies were inconsequential and recommend that the Council waive them and award the contract to the low bidder, FS Construction. Key aspects of requirements placed upon the contractor include: • Completion of all work within thirty (30) calendar days • Liquidated damages of $500.00 per day for non-conformance • Compliance with Community Development Block Grant • Labor compliance with Davis -Bacon Act The Public Works Department has checked the contractor license and bid bond of FS Construction with the Contractor State License Board and found them valid. A total of five (5) references were contacted and as of the writing of this report one responded. The one reference received by staff gave excellent feedback on FS Construction_ If feedback received from the other references differs from the reference obtained to date, staff will make this information available for Council prior to consideration of award of contract. The project schedule is tentatively set as follows: Award of Contract Start of Construction Completion of Construction PREPARED BY: Erwin Ching, Assistant Engineer D BY: s David G. Liu ATTACHMENTS: Contract Agreement r of Public Works December 15, 2009 January 4, 2010 March 15, 2010 DATE PREPARED: December 10, 2009 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 FS Construction 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, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR FS Construction and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the 2009-2010 Community 26410 in the City of NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all labor, tools, materials, appliances, and equipment for and do the work for the Communitv DeveloDment Block Grant WDRGI Curh Ramn lnstallatian Prniei Number 2b41U in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated November 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 COMPLEMENTARY: 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 f`�; d Specifications, CONTRACTOR'S Bid dated December 8, 2009, together with this wriften 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: Since this is a Federally assisted construction project, Davis -Bacon will be enforced. If Federal and State wage rates are applicable, then the higher of the two will prevail. The Federal Labor Standards Provisions (Form HUD -4010) and the Federal Wage Determination are attached and made part of this agreement, and compliance will be enforced. The CONTRACTOR agrees to complete the work within thirty 30 consecytive calendar days from the date of the notice to proceed. ca 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. U 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, s�all 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) $250,0004ch 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. k. ti 0a 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: .i 1) Waives all right of subrogation against all persons and ent1ties specified in subparagraph 4.c.(2) hereof to be listed as additional insured 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 apprenticeship 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. E The CONTRACTOR shall forfeit, as a penalty to City, twenty-five do,hars ($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 ("Indemnitees") 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 responsib0for 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: 4 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 Indemnities 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. 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 coverage 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 December 8, 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. 777126, A, C8, C27 FS Construction 13368 Aldergrove St. Sylmar, CA 91342 By: Date TITLE CITY OF DIAMOND BAR, CALIFORNIA By: CAROL HERRERA, MAYOR Date ATTEST: By: TOMMYE CRIBBINS, CITY CLERK Date CONTRACTOR'S Business Phone 818-838-6040 Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date Con CITY COUNCIL Agenda # 6.6 (b) Meeting Date: December 15, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council —10 VIA: James DeStefano, City M n TITLE: APPROVE PLANS AND SPECIFICATIONS AND AWARD CONSTRUCTION CONTRACT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT - RECOVERY (CDBG-R) CURB RAMP INSTALLATION PROJECT IN THE VICINITY OF EVERGREEN SPRINGS ELEMENTARY SCHOOL TO FS CONSTRUCTION IN THE AMOUNT OF $53,310.00 AND AUTHORIZE A CONTINGENCY AMOUNT OF $13,200.00 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $66,510.00 RECOMMENDATION: Approve plans and specifications and award the contract. FINANCIAL IMPACT: The current Fiscal Year 2009-2010 Budget has $102,541.00 of Community Development Block Grant — Recovery (CDBG-R) funds budgeted for the curb ramp installation project in the vicinity of Evergreen Springs Elementary School. In an effort to fully expend the CDBG appropriation by the deadline of March 2010, a contingency of approximately 25% is requested at this time so that additional curb ramps can be added to the contract through a change order. It is anticipated that staff will return to Council at a later date to request a contract amendment for the remaining CDBG appropriation amount of $36,031 if additional curb ramps requiring ADA upgrades are discovered in the project area. BACKGROUND/DISCUSSION: The project is federally funded through Community Development Block Grant -Recovery (CDBG-R) Funds. CDBG-R funding is part of the American recovery and Reinvestment Act (ARRA) of 2009 that was established to stimulate the economy through measures that modernize infrastructure, improve energy efficiency, and expand educational opportunities and access to health care. These funds were granted to the City in addition to the Community Development Block Grant (CDBG) funds that the City applies for on an annual basis. The CDBG funds are being used for approximately 16 new and upgraded curb ramps in the vicinity of Castle Rock Elementary School and the CDBG-R funds are being used for 37 new and upgraded curb ramps in the vicinity of Evergreen Springs Elementary School. The project went out for bids on November 17, 2009 and bids were opened on December 8, 2009. There was one addendum issued for the project and it was issued due to the Federal Wage Decision modification that occurred after the project was advertised. A total of fourteen (14) bids were received for the project. The results of the bids were as follows: Company Bid Amount 1. FS Construction $ 53,310.00 2. Kormx, Inc. $ 67,289.00 3_ CJ Concrete $ 71,200.00 4. Quality First Concrete $ 72,500.00 5. SJ Grigolla $ 74,710.00 6. Kalban, Inc. $ 80,958.00 7. Grigolla & Sons $ 86,120.00 8. GBA Engineering $ 86,574.00 9. HYM Engineering $ 86,590.00 10. KM Consulting $ 104,600.00 11. NPG Corp. $ 105,085.00 12. Nobest Inc. $ 109,800.00 13. EBS, Inc. $ 110,110.10 14. S. Parker Engineering, Inc. $ 113,700.00 FS Construction's bid documents failed to include a signed copy of the Addendum issued for this project as required by the instruction in the Addendum. The purpose of the Addendum was to alert the prospective bidders to a modification to a federal wage decision; as it turned out, the modification had no bearing whatsoever on this project and had no effect on the bid prices. The City Attorney has reviewed the irregularity of not including a signed copy of the Addendum. The bid solicitation documents in this instance allow the Council to waive irregularities in the bids. In this instance, the failure to submit the signed Addendum had no effect because the subject of the Addendum was irrelevant to the project. Staff concurs with the City Attorney that the discrepancies were inconsequential and recommend that the Council waive them and award the contract to the low bidder, FS Construction. Key aspects of requirements placed upon the contractor include: • Completion of all work within thirty (30) calendar days • Liquidated damages of $500.00 per day for non-conformance • Compliance with Community Development Block Grant — Recovery • Labor compliance with Davis -Bacon Act The Public Works Department has checked the contractor license and bid bond of FS Construction with the Contractor State License Board and found them valid. A total of five (5) references were contacted and as of the writing of this report one responded. The one reference received by staff gave excellent feedback on FS Construction. If feedback received from the other references differs from the reference obtained to date, staff will make this information available for Council prior to consideration of award of contract. The project schedule is tentatively set as follows: Award of Contract Start of Construction Completion of Construction PREPARED BY: Erwin Ching, Assistant Engineer REVIEWED BY: 'VcL vid G. Liu Di ctor of Public Works ATTACHMENTS: Contract Agreement December 15, 2009 January 4, 2010 March 15, 2010 DATE PREPARED: December 10, 2009 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 FS Construction 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, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR FS Construction and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the 2009-2010 Community Development Block Grant -Recovery (CDBG-R) Curb Ramp Installation Proiect, Project Number 26410 in the City of Diamond Bar., NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 10 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the 2009-2010 Community Development Block Grant -Recovery (CDBG-R) Curb Ramp Installation Project, Proiect Number 26410 in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated November 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 COMPLEMENTARY: 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 Bid dated December 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: Since this is a Federally assisted construction project, Davis -Bacon will be enforced. If Federal and State wage rates are applicable, then the higher of the two will prevail. The Federal Labor Standards Provisions (Form HUD -4010) and the Federal Wage Determination are attached and made part of this agreement, and compliance will be enforced. The CONTRACTOR agrees to complete the work within thirty 30 consecutive 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 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 insured 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. 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 apprenticeship 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. S. 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 ("Indemnitees") 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, ehity, 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: 4 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 Indemnities 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' 'as 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 coverage 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 December 8, 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. 13. BUY AMERICAN: The Contractor acknowledges to and for the benefit of City of Diamond Bar (LCA) and the Community Development Commission (CDC), of the County of Los Angeles that he/she understands that this construction project is being funded with monies made available by the Federal American Recovery and Reinvestment Act of 2009 (Recovery 5 Act), and that such laws contain provisions commonly known as `Buy American," that require all iron, steel, and manufactured goods provided by the Contractor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the LCA and CDC that: (a) The Contractor has reviewed and understands the Buy American Requirements; (b) All of the iron, steel, and manufactured goods used in the project will be and/or have been produced in the United States in a manner that complies with the Buy American Requirements, unless a waiver of the requirements is approved; and (c) The Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the Buy American Requirements, as may be requested by the LCA or the CDC. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the LCA or the CDC to recover as damages against the Contractor any loss, expense or cost (including without limitation attorney's fees) incurred by the LCA or the CDC resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the CDC is a third -party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give ,this paragraph force or effect) shall be amended or waived without the prior written consent of .the CDC. 3 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. 777126, A, C8, C27 FS Construction 13368 Adamsuove Street Sylmar, CA 91342 By: Date TITLE CITY OF DIAMOND BAR, CALIFORNIA By: CAROL HERRERA, MAYOR Date ATTEST: By: TOMMYE CRIBBINS, CITY CLERK Date CONTRACTOR'S Business Phone 818-838-6040 Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date 7 CITY COUNCIL Agenda # 7.1 Meeting Date: December 15, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a r TITLE: RESOLUTION NO. 2010 -XX APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ALLOCATION FOR FISCAL YEAR 2010-2011 IN THE AMOUNT OF $355,490 RECOMMENDATION: It is recommended that the City Council open the public hearing, receive testimony and adopt the Resolution. BUDGET IMPLICATION: Funding for the CDBG Program is received from the Federal Government. Approval of the 2010- 2011 CDBG budget will be incorporated into the Fiscal Year 2010-2011 City Budget. The CDBG Program does not impact the City's General Fund budget. BACKGROUND: By way of a Cooperative Agreement, the City of Diamond Bar is part of the Los Angeles County Community Development Commission's Community Development Block Grant (CDBG) Program. The CDBG Program was established through the Housing and Community Development Act of 1974. The primary goals of the CDBG program are to provide for the development of viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income. Eligible CDBG projects are those that meet one of the following national objectives for the program: • Benefiting low and moderate income persons; • Addressing slums or blight; or • Meeting a particular urgent community development need. The projects must also meet one of the eligible activity categories which include acquisition of real property for an eligible use; acquisition, construction, and rehabilitation of public facilities; demolition and clearance of deteriorated buildings; community service for low and moderate income households; removal of barriers that restrict the mobility for elderly or disabled persons; or special economic development activities. Funds may be used for a variety of community development activities such as public services, administration and public works projects. The funds may only be used within low and moderate - income census tracts (of which the City has none) and/or to benefit low and moderate -income persons andlor presumed eligible persons (elderly or disabled). The Los Angeles County Community Development Commission (CDC) has determined that the City of Diamond Bar's preliminary CDBG allocation for Fiscal Year 2010-2011 for the implementation of eligible projects is $355,490. According to the Federal regulations, 15% of the funds may be allocated for Public Services and 10% of the funds may be used for Administration. CDC anticipates notification of the final allocation by early 2010. In the event that the actual CDBG funding levels vary from the estimate, the City may adjust the proposed projects and budgets accordingly. The City's approved projects and budget must be submitted to the Los Angeles County CDC by February 1, 2010. The City of Diamond Bar's projects and budget will ultimately become part of the Los Angeles County's CDBG program application to the U.S. Department of Housing and Urban Development (HUD). DISCUSSION: Prior to approval of the programs and budget, a public hearing is required to receive and consider citizen input on the proposed CDBG Program. The public hearing has been advertised in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin. Additionally, the City sent a Request for Proposals to all interested organizations regarding the availability of CDBG monies. Funding recommendations have been developed based on the proposals submitted by non-profit agencies and City Departments, past history of applicants, and the availability of funds. Prior to a project being funded, CDBG eligibility is determined and the sub -recipients must meet the Federal regulations/requirements. The City provides support to the projects that receive funding with technical assistance and monitoring to ensure compliance. The City is responsible for overseeing the operations of all the sub -recipient supported activities including compliance with all applicable Federal requirements and for monitoring the achievement of performance goals. As part of the application process, the City must describe the programs that are currently being implemented and how those programs are meeting the goals and objectives that have been established by the City. CURRENT CDBG PROJECTS AND ALLOCATIONS FOR FY 2009 - 2010 ($673,723) YMCA Child Care Program ($21,702) - Provides pre-school child care and after-school child care for children from low and low/moderate-income families. CDBG funds are used to provide child care financial assistance for twenty (20) children. YMCA Day Camp ($5,000) - Provides summer day camp for children from low and low/moderate income families. CDBG funds are used to provide summer day camp financial assistance for ten (10) children. 4 Senior Programming ($26,702) - Provides senior activities including information and referral, physical mobility classes, nutrition classes, seminars, arts and crafts, game days, senior excursions, and special events. General Insurance has been purchased for the senior groups utilizing the Heritage Park Community Center and Diamond Bar Center. Over 800 seniors participate in the various programs and activities offered by the City. Program Administration ($35,549) - Funds are used for overall program management, coordination, monitoring, reporting, and contract compliance services. The CDBG program is being implemented by City staff with assistance from the City's consultant - Diana Cho and Associates. Home Improvement Program (HIP) ($100,000) - Offers grants and/or deferred loans to eligible low and moderate -income homeowners for necessary home improvements as well as repairs to mitigate building and safety code deficiencies and/or violations. The Home Improvement Program (HIP) is administered by the City's consultant — SJC 3 Consulting, Inc. At the time of this report, one (1) rehabilitation project is under construction, two (2) projects are in the pre -construction phase, and three (3) projects are in the bid phase. It is anticipated that the allocated funds will be expended by January 31, 2009. Sycamore Canyon Park ADA Retrofit — Phase IV Project ($302,744) — Funds are allocated for design, plans, specifications, and construction costs required for ADA retrofit improvements in the restrooms and office at Sycamore Canyon Park. Project construction is in progress. Curb Ramp Installation - Vicinity of Castle Rock and Evergreen Springs Elementary Schools Project ($117,026) - Funding will provide for the construction of curb ramps at several intersections in the vicinity of Castel Rock Elementary School and Evergreen Springs Elementary School. The project has been advertised for bid proposal and a construction contract will be awarded in December 2009. ADA Retrofit Improvements — Star Dust Mini -Park, Silver Tip Mini -Park and Longview South Mini -Park Project ($65,000) — Funds are used for the design, plans and specifications required for ADA retrofit improvements at the mini parks. PROPOSED CDBG PROJECTS AND ALLOCATIONS FOR FY 2010-2011 ($355,490) In preparation for the 2010-2011 CDBG grant allocation process, the City published a public notice announcing the availability of CDBG funds, and mailed letters with applications to all existing sub - recipients and interested parties requesting they submit proposals for use of the CDBG funds. Based upon Federal regulations, CDBG funds must be allocated and expended within three (3) years. In addition, cities are strongly encouraged by the CDC to allocate all monies as soon as feasible. Staff's recommendation for the distribution of CDBG funds is as follows: 2010-2011 Public Service - $53,324 (15% of FY 2010-2011 Fundin The Public Service cap for Fiscal Year 2010-2011 is $53,324, or 15% of the FY 2010-2011 CDBG funds. There are only two recipients for the Public Service monies: the City's Senior Programming and the YMCA. For the FY 2010-2011 CDBG funding cycle, staff recommends that each receive 50% of the Public Service allocation. 3 City Senior Program FY 09-10 Allocation $ 26,702 FY 10-11 Total Requested $ 43,480 FY 10-11 Funding Recommendation $ 26,662 Funding for the City's Senior Program includes Program and Bingo supplies, and the Senior Coordinator's position for referrals and coordination between groups. As in prior years, the Senior Program proposes to combine and include several of the activities and supplies as requested by the Diamond Bar Senior Citizens Club, Diamond Bar Chinese Evergreen Senior Association, Sunshine Seniors Group, and Diamond Age Senior Citizen Association such as: • Diamond Bar Senior Citizens Club - $3,000 Requested liability insurance and funding for printing and supplies for weekly meetings. • Chinese Evergreen Senior Association - $7,000 Requested liability insurance and funding for quarterly meetings and newsletters, books and supplies. • Sunshine Seniors Association - $1,000 Requested liability insurance. • Diamond Age Senior Citizen Association - $10,000 Requested liability insurance and funding for senior citizens' activities. The amount of funds requested for Senior Programming has typically exceeded the CDBG public service projects allocation. For FY 2010-2011, the additional funds required for the City's Senior Program will be paid through the Community Services budget as in prior years. The requested use of FY 2010-2011 CDBG funds is identified in the attached memo from Community Services Director Bob Rose and is summarized below: City Senior Program Senior Coordinator $20,480 Supplies $ 2,000 Senior Clubs $ 4,000 for Liability Insurance ($1,000 per club) $ 2,800 each for Program Support ($700 per club) Total Requested $29,280 Allocation by Community Services for Senior Programs It is recommended that $26,662 be allocated for Senior Programming. This amount will provide for a portion of the costs for the staff position, and supplies, and $1,700 for each of the four (4) Senior Clubs. Diamond Bar YMCA Childcare FY 09-10 Allocation $21,702 FY 10-11 Request $25,000 FY 10-11 Recommendation $21,662 To provide after school childcare for fifteen to twenty (15 to 20) low and low/moderate income children monthly. The project allows for parents to work while their children are in a safe environment. 4 Diamond Bar YMCA Day Camp FY 09-10 Allocation $ 5,000 FY 10-11 Request $10,000 FY 10-11 Recommendation $ 5,000 To provide full day care for up to ten (10) low and low/moderate income children during the summer. Public Service Sub -total Request Recommended Public Service Allocation $ 78,480 $ 53,324 (maximum allowed) As shown, the recommended Public Service allocation is equal to the 15% maximum allowance. 2010-2011 Administration —$35,549 10% of FY 2010-2011 Funding) Program Administration FY 09-10 Allocation $35,549 FY 10-11 Request $35,549 FY 10 -11 Recommendation $35,549 To provide reimbursement to the City for CDBG program administration and contract compliance services. 2010-2011 Public Works and Housing - $266,617 (75% of FY 2010-2011 Funding) Home Improvement Program FY 09-10 Allocation $100,000 FY 10-11 Request $100,000 FY 10-11 Recommendation $100,000 To provide for grants and/or deferred loans to eligible low and moderate -income homeowners for necessary home improvements as well as repairs to mitigate building and safety code deficiencies and/or violations. ADA Retrofit Improvements — Star FY 09-10 Allocation $65,000 Dust Mini -Park, Silver Tip Mini -Park, FY 10-11 Request $300,000 and Longview South Mini -Park FY 10-11 Recommendation $50,000** For the removal of architectural barriers to handicap access to Silver Tip Mini -Park. ** There are significant CDBG savings anticipated at the completion of the Sycamore Canyon ADA retrofit phase IV currently under construction. In addition, the City has roll-over CDBG funds from last year in the amount of $105,679. In the future, staff will recommend the Council redirect these additional CDBG monies to fund construction of the ADA retrofit Improvements at the Mini -Parks project. Curb Ramp Installation FY 09-10 Allocation $117,026 FY 10-11 Request $230,000 FY 10-11 Recommendation $116,617 To provide ADA accessibility to existing sidewalks through the construction of ADA compliance curb 5 ramps at various locations where no curb ramps or substandard curb ramps exist. The proposed project will provide ADA access at intersections located in the Adel/Gerndal Neighborhood bounded to the north by Golden Springs Drive, Brea Canyon Road to the west and SR 57 FWY to the south and east; the Clabourne Neighborhood bounded to the south by Golden Springs Drive, to the west by the City Limit with unincorporated Los Angeles County, to the north by SR 60 FWY, and to the east by Lemon Avenue; and the Golden Prados Neighborhood bounded to the north and west by the Los Angeles County Golf Course, to the south by Golden Springs Drive and to the west by Prospectors Road. Public Works and Housing Sub -total Request $630,000 Recommended Public Works and Housing Allocation $266,617 TOTAL 2010-2011 CDBG FUNDS REQUESTED 756,074 AVAILABLE / RECOMMENDED 1355,490 The purpose of the public hearing is to solicit public testimony and receive presentations from the public service organizations requesting funds. It is an opportunity for the City Council to question the proposed public service organizations as well as City staff regarding the applications under consideration. Prepared and Reviewed by: FIM Dave Do e Assistant City Manager Attachments: A - Resolution 2010 -XX B - Matrix of Projects / Recommended Funding Options C - CDBG Project Applications N RESOLUTION 2010 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN THE AMOUNT OF $355,490 FOR FISCAL YEAR 2009-2010 WHEREAS, On August 22, 1974, the President of the United States signed into law the Housing and Community Development Act of 1974 (Act); and WHEREAS, the primary goals of Title 1 of the Act are the development of viable urban communities by providing decent housing and a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, the City of Diamond Bar has received notification of the availability of $355,490 in Federal Community Development Block Grant (CDBG) funds to further the attainment of these goals during Fiscal Year 2010-2011; and WHEREAS, suggestions have been requested from residents, community organizations, City Departments for the utilization of these funds; and WHEREAS, the City has published information regarding eligible activities under the Act and met with all interested groups and conducted a public hearing to solicit comments and suggestions from the community for the utilization of these funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The funding allocation for the 20190-2011 Program year shall be: PUBLIC SERVICE Senior Programming YMCA Childcare YMCA Day Camp ADMINISTRATION PUBLIC WORKS AND HOUSING Home Improvement Program Curb Ramp Installation ADA Retrofit Improvements at Silver Tip Mini -Park 3 $ 53,324 $ 26,662 $ 21,662 $ 5,000 $ 35,549 $266,617 $100,000 $116,617 $ 50,000 Section 2. That the City Manager is authorized and directed to submit the City's final Planning Summary for Fiscal Year 2010-2011 to the County of Los Angeles, reflecting the funding allocations set forth herein. Should the City's final allocation vary by more than twenty-five percent (25%) from the figures contained herein, the City Manager is authorized to allocate the additional funds to eligible activities. Section 3. That the City Manager is authorized to execute the contractual and related documents to be prepared by the County of Los Angeles that are required for the implementation of the projects/programs set forth herein. Section 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED this 15th day of December, 2009. , Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2010- 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 15th day of December, 2008, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 4 Tommye A. Cribbins, City Clerk City of Diamond Bar ATTACHMENT B CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT 2010-11 PROGRAM YEAR Service City Council Requested Staff City Agency Provided Allocated FY 09-10 Funds Recommendations Council FY 10-11 Allocation Public Service $53,324 15% City of Diamond Senior Bar — Community Services $26,702 $22,480 $26,662 Services Included in Diamond Bar Senior Community $3,000 Included in City Senior Club Services Services Dept. Request Allocation Included in Sunshine Senior Senior Community $1,000 Included in City Club Services Services Dept. Request Allocation Included in Evergreen Senior Senior Community $7,000 Included in City Club Services Services Dept. Request Allocation Included in Diamond Age Senior Community $10,000 Included in City Senior Club Services Services Dept. Request Allocation Diamond Bar/ Child Care $21,702 $25,000 $21,662 Walnut YMCA Day Camp $ 5,000 $10,000 $ 5,000 Sub -total $53,404 $78,480 $53,324 i ADMINISTRATION $35,549 10% CITY OF DIAMOND Admin. $35,549 $35,549 $35,549 BAR Sub -total $35,549 $35,549 $35,549 1 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT 2010-11 PROGRAM YEAR Agency Service Provided Public Works — and Housing 75% $266,617 City of Diamond Home Bar – Community Improvement Development Program City of Diamond Curb Ramp Bar – Public Installation Works ADA Retrofit Improvements Star Dust City of Diamond Mini -Park, Bar – Community Silver Tip Services Mini -Park, and Longview South Mini - Park ADA Retrofit City of Diamond Improvements Bar – Community Sycamore Services Canyon Park – Phase IV City Council Requested City Allocated Funds Staff Council FY 09-10 FY 10-11 Recommendations Allocation $100,000 $100,000 $100,000 $117,026 $230,000 $116,617 $65,000 $300,000 $50,000 $302,744 $ -0- $ -0- Sub-total $584,770 $630,000 $266,617 -- Total _ _ — _ — — —$673,723 _ _$524,220 $355,490 _ J E CITY OF DIAMOND BAR F COMMUNITY DEVELOPMENT BLOCK GRANT C`, ; . i% If yes, please identify the year/amount and source of funding: GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. The proposed project will remove the existing curb returns/or existing substandard curb ramps and replace them with ADA -compliant curb ramps. The project proposes to install approximately 58 curb ramps with the specified neighborhoods known as "Adel/Gerndal Neighborhood", "Calbourne Neighborhood", and "Golden Prados Nelghborhood". Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. The proposed project will provide ADA access at several intersections within the specified neighborhood. Most intersections, approximately 93%, do not have any curb ramps while the remaining 7% have substandard, non -ADA compliant curb ramps. Consequently, the existing sidewalks are inaccessible to the disabled that may live within the neighborhoods. The proposed project is intended to serve all ages groups of the general public. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). The first area is the "Adel/Gerndal Neighborhood" bounded to the north by Golden Springs Drive, Brea Canyon Road to the west and SR 57 FWYto the south and east. The second neighborhood is the "Calbourne Neighborhood" bounded to the south by Golden Springs Drive, to the west by the City Limit with unincorporated Los Angeles County, to the north by SR 60 FWY and to the east by Lemon Avenue. The third neighborhood is the "Golden Prados Neighborhood" bounded to the north and west by the Los Angeles County Golf Course, to the south by Golden Springs Drive and to the west by Prospectors Road. PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: General Public Diamond Bar clients assisted which meet the low/moderate income requirements: General Public Diamond Bar clients expected to be assisted in new project year: General Public Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. General Public Is your organization familiar with the CDBG electronic client data requirements? Yes Is your organization familiar with the CDBG reporting requirements? FINANCIAL INFORMATION Yes Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. See attached Exhibit "D" I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of f Diamond Bar. We understand that the formal agreement with the City will define oth eporting pro ions and federally required assurances. Signature: Title: Director of Public Works Date: 11/lGl�, a r� �� ,��' - ,.tea;, r,;• a � 414, 9 ':F„ .g €`� 'fit K''s ^�,•1i a" { �' }. '` 5 }`^�: "k, L-- .. .,�.'na5. ,. ..�. ,.< .'.h��-..,_..s, .a. ,. '.��t r., .� k'M�.. ,x r.. z. ..., �.., .. _ _, .xr•g.:4s: Yz MW % i•' `x y,w,,. ��„ Gam. i1,. v y x � Ff s i:. �„ $ 3 'i.ywR l�3 iw4_,"' +,sem. � rS'r'rr ;-"1 - u.�i tie-iF EXHIBIT "D" CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 2010-2011 PROGRAM YEAR PRELIMINARY COST ESTIMATE FOR 2006-07 CDBG PROGRAM CURB RAMP INSTALLATION ITEM NO. DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST 1 CURB RAMPS 58 EACH $3,000 $174,000 DESIGN & CONSTRUCTION ADMINISTRATION (20% OF CONSTRUCTION COST) $34,800 SUBTOTAL (CONSTRUCTION, DESIGN & CONSTRUCTION ADMINISTRATION COST) $208,800 CONTINGENCY (10% OF SUBTOTAL) $20,880 TOTAL $229,680 SAY $230,000 5 of 5 LUIS(`�111.: lli I i . 11 I %! llo,' ,Jr' D PAR ?' 1? iI I,J' 17 l -'it * 26 11"MMOU MEMORANDUM To: Diana Cho, CDBG Consultant From: Bob Rose, Community Services Director Date: November 17, 2009 / Re: CDBG Request for 2010/11 FY — Community Service Dept. Request for Public Works Funds CDBG Public Works funding Request from Community Services Department: Construction project to remove architectural barriers to handicap access to Silver Tip Mini -Park in the amount of $300,000, Grand Total Public Works Funding Request from Community Services Dept: $300,000 Please let me know if you need additional information on this request. Thanks for your assistance. Cc: Dave Doyle, Assistant City Manager -E;1� I �`•Vfl MEMORANDUM J N Lh 56 To: Diana Cho, CDBG Consultant From: Bob Rose, Community Services Director tihl lk ���jjj 'Date: November 17, 2009 Re: CDBG Recommended Allocation for Senior Programs — 2010/11 Fiscal Year Community Services staff has reviewed the requests submitted for the allocation of CDBG fiends for the 2010/11 FY and recommends the following allocation: City Senior Program: a. Program/Bingo Supplies $2,000 b. Senior Coordinator $20,480 $22,480 Note: Remainder of City Senior Programs costs will be submitted in the proposed 2010/11 FY General Fund budget for review and consideration. 2. Diamond Bar Senior Citizens Club: a. Liability Insurance $13000 b. Program Support/Supplies 700 $1,700 3. Chinese Evergreen Senior Association: a. Liability Insurance $1,000 b. Program Support/Supplies 700 $1,700 4. Sunshine Seniors Group: a. Liability Insurance $1,000 b. Program Support/Supplies 700 $1,700 5. Diamond Age Senior Citizen Association: a. Liability Insurance $1,000 b. Program Support/Supplies 700 $1,700 Note: CDBG funds for senior organizations are held by the City and paid as reimbursement after required documentation demonstrates CDBG eligibility of expenses. Grand Total Recommended Senior Allocation: 529,280 r:11fs� iiiE CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT fr Elf � I r'�i � DL! a REQUEST FOR PROPOSALS 2010-2011 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended and City Council approval. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request Is $10,000 per project. APPLICATION DEADLINE: November 17, 2009 5:00 p.m. APPLICATION SUMMARY Organization: City of Diamond Bar Project Name: Senior Programming Amount Requested: $55,525. Location of Project: Diamond Bar Center, 1600 S. Grand Avenue, Diamond Bar, CA 91765 Funds would be used to: Conduct educational and social programs to enrich the lives of local seniors. These would include but not be limited to: seminars, workshops Classes, special events and excursions. GENERAL INFORMATION Organization Address: 21825 Copley Drive City: Diamond Bar Telephone/Fax Number: 909-839-7061 E-mail Address: Bob.rosePci.diamond- bar.ca.us Contact Person/Title: Bob Rose, Director of Community Services Officials authorized to represent organization and expend funds: Name: Title: Mayor Name: James DeStefano Title: City Manager Federal 1.D Number/Non-Profit Status: 95-4210629 This application is proposing a new existing X Project. (Check). Has the project received past funding from the City of Diamond Bar? Yes If yes, please identify the year/amount and source of funding: Funded annually, most recently 2009/2010. GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. Provide senior programming for up to 377 persons per day. Develop and conduct a variety of recreational and informational classes, seminars, workshops and events which meet the diverse needs of the seniors in Diamond Bar. Describe the specific purpose of the project, identify the problems the project is intended to solve, and the age group of those to be served. Meet the human services and recreational needs of a senior population with diverse cultural backgrounds. Age groups to be served are 55 and over. identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). Primary service area is Diamond Bar. Neighboring communities and cities are serviced as well. PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: 19,864 Diamond Bar clients assisted which meet the low/moderate income requirements: Presumed benefit Diamond Bar clients expected to be assisted in new project year: 20,000 Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. The characteristics of the client population in the target area are seniors aged 55 and over. Itis a mixed population by gender, however predominately female. The income level is presumed low to moderate and the ethnic background is 42.896 Asian & Pacific Island, 42% White, 18.596 Hispanic, 4.8°0 Black and 6.8% other. Is your organization familiar with the CDBG electronic client data requirements? Is your organization familiar with the CDBG reporting requirements? Yes Yes FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. See Attached hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate inco; re ' ents of the City of Diamond Bar. We understand that the formal agreement with the City will dot` oth r reporting provisions and federally required assurances. Signature: Title: Date: kk lb ba CITY OF DIAMOND BAR Senior Bingo Friday w/Refresh Budget Discussion FY 10/11 PROJECTED GENERAL FUND EXPENDITURES $ 3,900.00 PROJECTED REVENUE $ kg PROJECTED PROJECTED PROGRAM COST DIFFERENCE SUPPLIES - Operating Supplies (41200) $5,900.00 Bingo supplies (cards) (001.5350-41200) $2,400.00 Refreshments $3,500.00 Objective: To provide bingo card, supplies and snacks for the senior Bingo playing community at the Diamond Bar Center CITY OF DIAMOND BAR Senior Rec. Specialist/Senior Club Insurance/Conferences Budget Discussion FY 10/11 PROJECTED GENERAL FUND EXPENDITURES $ 1,805.00 PROJECTED REVENUE $ 008- go T-1 : _ 53;52 ;00 PROJECTED $.- PROGRAM COST $ 55,330.00 PROJECTED PROGRAM COST DIFFERENCE PERSONNEL SERVICES- CDBG $ 46,725.00 Salary 125.5215.40010 $46,725.00 PROFESSIONAL SERVICES - CDBG $ 6,800.00 4 Clubs Liability Insurance 125.5215.44000 $ ,4,000.00 4 Clubs Program Supplies 125.5215.41200 $ 2,800.00 TRAVEL- CONFERENCES (42330) $ 1,805.00 Bass Lake Conference (001.5350.42330) $ 880.00 CPRS Conference (001.5350.42330) $ 450.00 California Association of Senior Service $ 475.00 Centers (001.5350.42330) Objective: The objective for conferences are for me to maintain and further my education as it pertair to my position within the city. Also to remain current with changing guidelines and statistics to the to further enhance my work. CITY OF DIAMOND BAR C ! ""''',;�.I BAR' COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 17 Pill 3: CSS 2010-2011 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended and City Council approval. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request is $10,000 per project. APPLICATION DEADLINE: November 17, 2009 5:00 o.m. APPLICATION SUMMARY Organization: Project Name: Z/ T , _ /0 unt . equested: � � , GENERAL INFORMATION Organization Address: �/?ev City: c / %� Telephone/Fax Number: �W -1 I E-mail Address: s l�C/� 7e� '��7 M/ Contact Person/Title:G��Sf� Officials authorized to represent organization and expend funds: Name: 4 Title: % Name:��� Title: Federal I.D Number Non -Profit y_!6 ''y / This application is proposing a new existingy Project. (Check). Has the project received past funding from the City of Diamond Bar? yel 5 If yes, please identify the year/amount and source of funding: - Iv .- GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). *- ew&V PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: Diamond Bar clients assisted which meet the low/moderate income requirements: Diamond Bar clients expected to be assisted in new project year: Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons, Is your organization familiar with the CDBG electronic client data requirements? -/L/"l Is your organization familiar with the CDBG reporting requirements? - Ally FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for, Include all other sources of funding and the total budget of the organization. I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income resident;W the City of Diamond Bar. We understand that the formal agreement with the City will define otheYy6ppAing,pjxpisions and federally required assurances. Signature: Title:74' Date: 11,Y 7-7, L' J iFIF CITY OF DIAMOND BAR Ci) BAR _ t.. COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS05 2010-2011 PROGRAM YEAR Funding Is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended and City Council approval. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request is $10,000 per project. APPLICATION DEADLINE: November 17, 2009 5:00 p.m. APPLICATION SUMMARY Organization: G,jWt� iL ort. G I CJI Project Name: I� j( Wpl iUr6� A -0_-I Amount Requested: t0� Location of Project: 6"4,D �Z-tJ (. Z -Q Funds would be used to: �s GENERAL INFORMATION Organization Address: �0 _u ymt,10 n L tjw& City: iji kh,cfirh G kf�__ Telephone/Fax Number: z( ) V I, Z Z U 1 E-mail Address: Contact Person/Title: rvW h M&,J Officials authorized to represent organization and expend funds: Name: {�Knt2�ntJ L( Title:¢_ D(TC tG L- L01-10 f -J Name: 1_1 uyA Z_ IA -C'11-1"'1 Title: &F -i Federal LD Number/Nan-Profit Status: This application is proposing a newy existing Project. (Check). Has the project received past funding from the City of Diamond Bar? ND if yes, please identify the year/amount and source of funding: GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. NLS vv(L S,W(oIZS wit -L �,+ P(fIVl-rte- S. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. flq" SWt vftS A4C' e(Zvki qb TO r wltc I+Av �- opcc- TNl'—(R Ll rf 6(wc t4ij v Y wt'& -N Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). 1311x- PrW9 A9JHqf'r1 caws trtis'((�� PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: ` i5 Diamond Bar clients assisted which meet the low/moderate income requirements: Diamond Bar clients expected to be assisted in new project year:�S Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. Is your organization familiar with the CDBG electronic client data requirements? N0 Is your organization familiar with the CDBG reporting requirements? 0 P FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other report in ovisions and federally required assurances. Signature: Title: (�k�iLIG i2L2ro(J Date: I I I III p q v � I r. CITY OF DIAMOND BAR';;� ;ij COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS �� � ;',`?°! 17 N-1 f,5 2010-2011 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended and City Council approval. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request is $10,000 per project. APPLICATION DEADLINE: November 17, 2009 5:00 p.m. APPLICATION SUMMARY Organization: 1)'l (�. iy C)0DC Project Name: ,-NW-FTA IP MtO i- Amount Requested: Location of Project:�wTr,-CL � 60p (-�,�N>�1� Q��, �l�h�y\ao���i�� (Z K Funds would be used to: hTG q o,5 k �M C�'%) oe�S Y�it� J erg L-er�in� � fYle�si a N ( C�C�cx`E�b� -Ge- C°xr-�ecl.g. GENERAL INFORMATION Organization Address: ��5�5 �`-► �N9 j��e� �� City: ,l�t-ati 114111 Telephone/Fax Number: �oa� 393- 6�j E-mail Address: Contact Person/Title:pt� Officials authorized to represent organization and expend funds: Name: t( L,Zy t is Title: Q,CS Name:RCl-�G Title:G,-5u�� (Z J Federal LD Number/Non-Profit Status: �5 D �� 7 L This application is proposing a new existing Project. (Check). Has the project received past funding from the City of Diamond Bar? If yes, please identify the year/amount and source of funding: ,S e -e Q o c� S e,--� c GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. �- pu i;-- (tw ,s G up 4�\t" -O-q C"Z s, �01Z�o Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. f ''}"�-o.��c���th-%)' 11 ISVe. t0 Ge-104ZC1�V`Ctj` a- Identify and describe the geographic boundaries of the target area. (Attach a mapifappropriate)`. G 4? --)A f <�LE a. �.S r l�t cxw� c> t� �+ �j o �, b A PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: _416) Diamond Bar clients assisted which meet the low/moderate income requirements: Diamond Bar clients expected to be assisted in new project year:> C) Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate incomeersons.C?��Q��n� d �-d JO V3�'TvJRpuN9 ��+t1�COl�,mv��, Se�J�ce lo -3k0 om¢ I your �rganizatio Wilij r with th� CDBG electro i� cl ent data requirements? is your organization familiar with the CDBG reporting requirements? Y --e5 FINANCIAL INFORMATION Please attach a proposed budget of the project. include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. .fie Gi�7c,/+e C� /zeue5r�- oIO-�)©1j S I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature:, Title:i%sc.- Date: ) a Q O rl DIAMOND BAR SENIOR CITIZESN CLUB REQUEST FOR PROPOSAL 2010-2011 DIAMOND BAR SENIOR CITIZEN CLUB All CDBG Funding The Years Amount 1990-2001 $ 263.00 2001 - 2002 263.00 2002- 2003 263.00 2003- 2004 263.00 2004- 2005 508.00 2005- 2006 500.00 2006- 2007 1,200.00 2007- 2008 1,200.00 2008- 2009 3,000.00 �nrP7 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT -19"T is ! 17 REQUEST FOR PROPOSALS 2010-2011 PROGRAM YEAR Funding Is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended and City Council approval. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request is $10,000 per project. APPLICATION DEADLINE: November 17.2009 5:00 p.m. APPLICATION SUMMARY Organization: biamond Rar Evergreen Senior club Project Name: Evergreen Club Amount Requested: $7000.00 Location of Project: 1600 Grand Ave, Diamond Bar, ck 91765 Funds would be used to: 1 . Liability, 2. Qura�rly n .w""r 3 Name kags� �,_Q-Va-rbertly meeting, 5 Clasues nn>L: s( 4 �i asses (',,Books for English class T Pi }: S GENERAL INFORMATION Organization Address: 20985 Running Branch Road City: DiamnnA narry r`a Telephone/Fax Number: 909-224-7312/ g1-.1.2,xi 1 _,&iinaIIAddress: �arkl�nrhan2 ,ahnm,cpry� Contact Person/Title: Jackie Chao/Secretary Officials authorized to represent organization and expend funds: Name: Shih, wu-Hni Ana Title: President Name: Chao, Jackie Title: Secretary Federal LD Number/Non-Profit Status: 20-3663051 /5o1 (C) 3 This application is proposing a new existing X Project. (Check). Has the project received past funding from the City of Diamond Bar? .-IYes if yes, please identify the year/amount and source of funding: _20 09 /$1122.00 . CDi3G GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. Liability Insurance, Quarterly Newsletter, Quarterly Meeting Classes Supply ( Total has 14 Classes ), English Education progranti Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. Each year Diamond Bar Evergreen Senior Club continues to advance its mission. Throughquarterly newsletter, classes( a total of 14) like English, Social Dance, Chinese Opera, Gardening, Tai -Chi,:''. -)l Folk dances etc., we have seen many of senior lives changed for t the better and happier. With the help of CDBG we will continue to provide opportunities for ourseniors to learn and see improvementcz in our seniors'' lives. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). Diamod Bar City, Chin6 Hills, Rowland Height, Walnut, pomona Covina, and West Covina PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: Diamond Bar clients assisted which meet the low/moderate income requirements: 450 Diamond Bar clients expected to be assisted in new project year: 550 Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. Asian and American. Age are 50 and otdnnall income level Is your organization familiar with the CDBG electronic client data requirements? no is your organization familiar with the CDBG reporting requirements? ° V Yes FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. include all other sources of funding and the total budget of the organization. I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar, We understand that the formal agreement with the City will define other p Ing pr isions a d federally required assurances. Signature: / Title: Date: CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GR`-�rNrV' 17 N 3� 06 REQUEST FOR PROPOSALS 2010-2011 Program Year Lgn Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request is $10,000, APPLICATION DEADLINE: November 17, 2009 5:00 p.m. APPLICATION SUMMARY Organization: _ Diamond Bar/Walnut YMCA Project Name: YMCA Child Care (Ages 3-17) Amount Requestedo $75,000 Location of Project: 22600 Sunset Crossing Road, Diamond Bar, CA 91765 Funds would be used to: Provide stop gap subsidized child care for boys andng is ages 3- 12 years from low and moderate income families We will be working with employers to help provide quality child care for their worker making minimum wage or slightly above We will also help assist these families in obtaining long term government subsidized child care. Free up our money to help another family. GENERAL INFORMATION Organization Address: 22600 Sunset Crossing Road City Diamond Bar Telephone/Fax Number: 909/860-9622 909/860-3957 E-mail jape a pomonaymca.org Contact Person/Title: Jane Taylor, CEO or Bonnie Cole Bookkeeper Officials authorized to represent organization and expend funds: Name: Jane Taylor Title: CEO Name: Bonnie Cole Title: Bookkeeper Federal I. D. Number/Non-Profit Status: 95-1641976 This application is proposing a new existing X project (check). Has the project received past funding fi•om the City of Diamond Bar? Yes If yes, please identify the year/amount and source of the funding: 1992-3 -$34,000; 1993-94- $26,000; 1997-98 - $28,000; 1998-99 - $15,000; 1999-2000 - $15,000; 2000-01 - $15,000; 2001-02 - $$20,000; 2002-03 - $27,500; 2003-04 - $27, 500; 2004-05 - $18,375; 2005-6 $26,375; 2006-7 —22,367; 2007-2008 22,357; 2008-2009 — 22,228; 2009-2010 - $21,702 GOALS AND OBJECTIVE Or PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. Afterschool Tutorials - ( Kinderearten - 7ih i4rade) The YMCA offers an education enhancement program which is designed to serve children from kindergarten through fifth grade. It provides youth with structured afterschool opportunities to do homework, engage in group discussions, participate in sports, and attend cultural events. Although so many after school child care programs elsewhere have had difficulty holding the attention of boys and girls beyond the fourth grade, the YMCA keeps the older children involved by offering activities which target their interest and are age-appropriate. Monday through Friday the children are picked up after school by the YMCA staff and transported to one of four nearby locations, where they are given a light snack. From 3:00 to 4:00 P.M., the children do their homework under the guidance of the YMCA staff. Group and one -on- one tutoring is provided for children having trouble with assignments, Serious difficulties with school work are reported to the parent(s). The YMCA staff works closely with the child's teacher and parents when providing any additional help. At 4:00 the children participate in 2 45 minutes enrichment activities. As with any YMCA program, the YMCA School Age Curriculum is centered around the YMCA mission and program objectives. The YMCA mission is to put Christian principles into practice through programs that build a healthy spirit, mind, and body for all. Y programs, such as school age child care, are the tools YMCAs use to help participants experience the YMCA mission. In school-age programs, mission activities look like this: Spirit refers to self-esteem and willingness to help others and the activities that develop these qualities, It also includes a sense of fun and a climate of positive energy. YMCA activities includes building strong inter -personal relationship skills, conflict resolution skills, and opportunities for success regardless of ability. Mind refers to leaming and to activities that promote learning. YMCA activities include and encourage solving problems, using school -gathered knowledge, and having high expectations each time an activity is undertaken. Body refers to health and wellness and the activities that promote these qualifies. YMCA activities include and encourage physical fitness and active games. The components of the school-age curriculum are character development, health and fitness, homework support, literacy, technology, social competence, and conflict resolution. Character development - In today's challenging and complex world, children need reinforcement of positive values even when they are away from home. YMCA school-age child care programs take character development seriously by incorporating the values of caring, honesty, respect, and responsibility into play, learning, and social activities. Through consistent teaching, modeling, reinforcement, and practice, staff help children demonstrate and accept positive values. Health, Wellness and Fitness - Building strong bodies is a part of the YMCA's history. Strong bodies live longer. Strong bodies are healthy and have organs that work better. YMCA school-age staff work closely with fitness staff to help design a program where children fully participate in health, wellness, and physical activities. This discipline is a powerful character building tool that builds an ethic of hard work and goal setting. Young bodies develop better when good health habits and physical activity are a regular part of daily life. Homework Support- In YMCA homework centers, the program staff provides a time, place and support to help children complete homework. A strong program also provides resource -rich environments, introduces activities that build on what children learn in the school day, and if needed, may even provide tutoring and other support services, Literacy - a core component in the YMCA afterschool learning is just one way the YMCAs can help support a child's success in school without extending the school days with academic activities. Literacy includes reading, writing, speaking, gathering information, using information, thinking critically, understanding others, and expressing oneself. Social Competence and Conflict Resolution - Afterschool programs are a place where children feel safe, understood, respected and secure. When these basic requirements for healthy living and socializing are missing in a person's life, learning rarely takes place. Social competence and conflict resolution curriculum activities, when used regularly, helps make Y MCA programs emotionally and socially comfortable places to be. In school-age programs, staff help educate children in understanding natural and logical consequences and encourage them to accept responsibility for their behaviors. They guide activities, giving children strategies for dealing with conflict when it comes their way, and help them develop socially acceptable ways of interacting with one another. The requested CDBG funding would help pay Child Care fees to enable children from low -moderate income families to enjoy the benefits of a safe, quality, affordable and fun place to be during their parent's working hours. Activities are planned and supervised, by caring YMCA trained staff. Program hours are from 6:30 AM — 6:30 PM Monday —Friday. CDBG funding will go directly to program fees. Each family receiving assistance is required to complete a financial assistance application with all necessary documentation (including proof of residence in the City of Diamond Bar) and is required to pay partial fees, contributing to a sense of pride and responsibility in providing care for their children. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. It has been widely documented that families and society have changed radically. The high divorce rate(over 50%), and the rise in the number of single household incomes, have resulted in a higher percentage of mothers entering the work force than any previous time in the nation's history. For a majority of working mothers, their absence from home is an economic necessity. For the poor, all problems are exacerbated and fording afterschool programs is no exception. Unable to afford quality care at all, parents living at the poverty level frequently leave their children in settings that range from inadequate to harmful. Raising a child is extremely difficult for a parent with a job outside of the home. It is more difficult yet for a parent with more than one child or a limited income. For parents, the child care issue does not go away when a child reaches school age. If anything, it intensifies. Sixty-nine percent of children have working parents. Options available today, for working families with infants, toddlers, and preschoolers, far exceed the choices available to school age children. The workday schedules and school hours almost never coincide. Where do children go when the bell rings at 2:15 and their parents will not be home for another three hours? Research suggests that the premature responsibilities of taking care of themselves may be too much for some children. For some children, taking care of themselves may mean: 1. Vulnerability to peer pressure, bad choices due to a lack of appropriate adult supervision. 1I. Responsibility of caring for younger siblings. III. Experimentation with drugs, alcohol and sex. Nationally, the highest rates of juvenile crime occur between the hours of 4:00 and 7:00 P.M. These facts demonstrate that the hours after school are critical ones for children. In addition, a recent report shows that juveniles are twice as likely to be victims of violent crime in the hours between 3:00 - 4:00 P.M. on school days as at any other time, (Juvenile Offenders & 99 National Report.) The workplace is influenced by the problem of latchkey children. After school lets out at 3:00 P.M., parents wait for the phone call that tells them that their child is home safe. This is referred to as the three o'clock syndrome, productivity of workers drops after school lets out. The dramatic changes in family life, coupled with the stresses of day-to-day survival in a fast paced society, makes the YMCA's School Age Child Care Program - emphasizing, body, mind and spirit - more important than ever. By offering nonschool activities, the YMCA hopes to stop the growth of gang activity and substance abuse in high risk youth by involving them and their families in wholesome programs now and, hopefully, for the rest of their lives. Some of the best substance abuse prevention programs never mention drug and alcohol at all. They focus on developing youth leaders who are self- assured. The YMCA will provide programs for children ages five through thirteen. The goal of the YMCA Preschool is to give children a balanced experience that develops social, emotional, physical and intellectual skills. The objectives of the YMCA preschool are as follows: Learning to follow simple instruction Learning to communicate with children & teachers Large and small muscle development Hand -eye coordination Using various art materials Music for an understanding of rhythm and song Vocabulary building with stories, pictures and records Outside play Alphabet study for visual recognition and phonics Number recognition and application Color and shape recognition Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). Citywide in the City of Diamond Bar, PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: 27 clients 1650 clients contracts Diamond Bar clients assisted which meet the low/moderate income requirements: 100% Diamond Bar clients expected to be assisted in new project year: 30 beneficiaries — 1700 clients contacts Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. Boys and girls ages 2years, 9 months to 13 years old -from families who are low income ($11,441 to $19,300) to moderate income ($19,301 to $30, 850). Is your organization familiar with the CDBG electronic client data requirement? Yes Is your organization familiar with the CDBG reporting requirements? Yes If yes, please identify the year/amount and source of the funding: 1992-3 -$$1,574; 1993-94- $11,500; 1997-98 - $13,000; 1998-99 - $6,500; 1999-2000 - $15,000; 2000-01 - $6,500; 2001-02 - $11,500; 2002-03 - $14,000; 2003-04 - $14,000; 2004-05 - $12,500; 2005-6 $10,000; 2006-7 — 5,000. FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. Child Care Budget 2010 Revenue Grants 25,000 Program Fees 444,369 Total Revenue 469,369 Expenses Salaries 233,180 Health Insurance/Retirement 26,136 Payroll Taxes/Workers Cornp 41,488 Data Processing/Accounting 13,000 Supplies 25,435 Telephone 6,000 Postage 1,400 License and Permits 3,800 Occupancy/Rent 34,400 Equipment Maintenance 7,800 Insurance 37,600 Program Advertising/Promotion Media 2,150 Food Cost-Program/Transportation 27,252 Training Expense 2,000 Membership dues 500 Total Expenses 469,077 Outcome 292 I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature: R,,a— 17eu Title: CEO C 1 -fu 0 i o C_ k 4-I l_b cA-lt,E A PPL . CITY OF DIAMOND BAR _ COMMUNITY DEVELOPMENT BLOCK GRANT �y REQUEST FOR PROPOSALS 2010-2011 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Dousing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request is$10,000 per project. APPLICATION DEADLINE: November 17 :OS 0 P.M. APPLICATION SUMMARY Organization: Diamond Bar/Walnut YMCA Project Name: Summer Day Camp Amount Requested: $10,000 Location of Project: 22600 Sunset Crossing Road, Diamond Bar, CA 91765 Funds would be used to: Provide stopgap subsidized child care for bogs and girls ages 3- 12 years from low and moderate income families. We will be working with employers to help provide quality child care for their worker making minimum wa a or slightly above We will also help assist these families in obtaining long term government subsidized child care. Free up our money to help another family, This care will be provided the 10 weeks that the youth are out during the summer. GENERAL INFORMATION Organization Address: 22600 Sunset Crossing Road City Diamond Bar Telephone/Fax Number: 909/860-9622 909/860-3957 E-mail ltaylor@pomonaymea.org Contact Person/Title: lane Taylor, CEO or Bonnie ColeBookkeeper Officials authorized to represent organization and expend funds: Name: Jane Taylor Title: CEO Name: Bonnie Cole Title: Bookkeeper Federal I. D. Number/Non-Profit Status: 95-1641976 This application is proposing a new existing X project (check). Has the project received past funding from the City of Diamond Bar? Yes GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. The Diamond Bar/Walnut YMCA provides families with a safe place and quality care for children of working and single parents. The requested funds will be used to subsidize day camp fees for moderate and low-income families in Diamond Bar. Each family is required to show proof of income and residence and pay a small part of the Day Camp fee, with the larger balance paid through CDBG funds. Having families participate in a small way in payment of their children's Day Camp fees has proven to help families feel more vested in the YMCA and in their children's care while they are working, resulting in a greater sense of pride and responsibility. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. Over 200 families throughout the local community enroll their children in YMCA Day Camp Programs, which provide programs for boys and girls ages 4 and entering Kindergarten through age 13. Day Camp offers great alternatives to children being left at home unsupervised or getting involved in unwholesome activities while parents are working. YMCA Day Camp Programs incorporate the "CORE" values of Honesty, Caring, Respect and Responsibility", offer participants a wide variety of activities, field trips, and esteem building experiences in a safe environment with lots of other potentials friends — all supervised by caring YMCA — trained staff. We encourage participants to grow as a family unit and individuals to participate in values education, physical fitness and community service they may not otherwise receive. The requested funds allow families from low or moderate income to participate in Day Camp. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). Citywide in the City of Diamond Bar, PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: Yes Diamond Bar clients assisted which meet the low/moderate income requirements: 100% Diamond Bar clients expected to be assisted in new project year: 15 new beneficiaries — 675 clients contacts Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons, Boys and girls ages 5 years to 13 years old-8•om families who are low income ($11,441 to $19,300) to moderate income ($19,301 to $30, 850). Is your organization familiar with the CDBG reporting requirements? Yes If yes, please identify the year/amount and source of funding: 2005- $5,000; 2006 - $5,000; 2007 - $5,000 2008 - $5,000; 2009 - $5,000 FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. n .. r, . r2,,A ^t IMD Revenue Grants $10,000 Program Fees $113,110 Total Revenue $123,110 Expenses Salaries 51,600 Health Insurance/Retirement 5,375 Payroll Taxes/Workers Comp 9,260 Data Processing/Accounting 4,100 6,000 -supplies Telephone 350 Postage 300 License and Permits 350 Occu anc /Rent 400 Maintenance 1,200 -Equipment Insurance 10,100 Advertising/Promotion Media 350 -Program, Food Cost-Proram/Trans ortation 15,000 Transportation Rental 14,800 Expense 1,500 -Training Membership dues Total Expenses 120,685 Outcome 2,425 I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature: 0 1 Cru_A� Title: CEO € : _ CITY OF DIAMOND BAR THE I� (� BAR � ,✓ it (.;:" .�� lJf�ll I f;1 (IX` I IT1_i COMMUNITY DEVELOPMENT BLOCK GRk� t REQUEST FOR PROPOSALS - 9 2010-2011 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended and City Council approval. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request is $10,000 per project. APPLICATION DEADLINE: November 17. 2009 5:00 p.m. APPLICATION SUMMARY Organization: City of Diamond Bar Project Name: Home Improvement Amount Requested: $100,000 Program Location of Project: 21825 Copley Drive Diamond Bar, CA 91765-4178 Funds would be used to: Provide grants and/or deferred loans to eligible low -and moderate -income homeowners for necessary improvements as well as mitigate building and safetv code deficiencies and violations. GENERAL INFORMATION Organization Address: 21825 Copley Drive City: Telephone/Fax Number: (909) 839-7080 Contact Person/Title Maria Torres-Castaneda Diamond Bar E-mail Address: Marla.Torres- Castaneda@ci.diamond- bar.ca.us Officials authorized to represent organization and expend funds: Name: Citv Staff Name: Federal LD Number/Non-Profit Status: This application is proposing a new Title: Title: A existing X Project. (Check). Has the project received past funding from the City of Diamond yes Bar? If yes, please identify the year/amount and source of funding: 2009/2010 $100,000 CDBG funds GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. The objective of the Home Improvement Program is to provide grants and loans to assist eligible low - and moderate -income residential owner/occupants in maintaining the City's existing residential neighborhoods through home rehabilitation. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. The purpose of the Home Improvement Program is to preserve and enhance single family residential neighborhoods throughout the City; to provide grants and loans to eligible homeowners of single family detached dwellings for the preservation of safe, decent and sanitary housing; correct hazardous structural conditions; to make modifications necessary to provide ADA access to dwellings; to improve the overall exterior appearance of the home; to eliminate blight; and correct exterior code violations through the provision of grants and loans. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). Citywide PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: 5 Diamond Bar clients assisted which meet the low/moderate income requirements: Diamond Bar clients expected to be assisted in new project year: 6-8 Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. Assistance is available to eligible low -and moderate -income Diamond bar homeowners regardless of age, sex, and ethnic background. income verification is required prior to assistance. is your organization familiar with the CDBG electronic client data requirements? yes Is your organization familiar with the CDBG reporting requirements? yes FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. Proposed HIP Budget (09-10) $ 100,000 Estimated Construction Cost $ 70,000 Construction Contingency $ 3,500 Lead/Asbestos Testing Costs $ 3,500 Loan Document Preparation Fees $ 21000 Title Report Fees $ 1,000 Administrative Costs -Consultant Fees $ 20,000 I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature: Title: Prin ' al Date: 11/06/09 CITY COUNCIL Agenda # g . 1 Meeting Date :December 15, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council ( �`II VIA: James DeStefano, City Manager TITLE: APPROVAL OF A TWO-YEAR DIAMOND RIDE (DIAL -A -CAB) SERVICES CONTRACT WITH DIVERSIFIED TRANSPORTATION, LLC., BEGINNING JANUARY 1, 2010 TO JANUARY 1, 2012. RECOMMENDATION: Approve. FINANCIAL IMPACT: Annually, the City receives Proposition A Transit Local Return Funds which are funded by a portion of the'/2 cent sales tax measure. Passed by Los Angeles County voters in 1980, Prop A Local Return Funds are to be used towards the development and implementation of transit related programs. For Fiscal Year 2009-2010, the City Council has appropriated $550,000 for the Diamond Ride program. BACKGROUND/DISCUSSION: On November 19, 2009 the City distributed a Request for Proposals (RFP) (Exhibit "A") soliciting proposals from experienced transportation firms to provide Dial -A -Cab services for a period of two (2) years with the possibility of three (3) annual extensions. On December 4th, the City received proposals from Diversified Transportation, LLC., Express Transportation Systems and Network Paratransit Systems, Inc., for consideration. All three (3) proposals were reviewed and evaluated by staff. On December 10th, Diversified and Network Paratransit Systems were invited to discuss their qualifications and work plan with staff. Staff met separately with each transportation firm and evaluated each firm based on specific factors including: capital and operating resources, financial strength, customer service programs and training, drivers' qualifications and training, experience with Dial -A -Cab service in the region as well as any additional improvements each company might bring if awarded the contract. SELECTION AND RECOMMENDATION: Among other criteria, Network Paratransit Systems and Express Transportation Inc., did not have the same broad-based Dial -A -Cab service experience in the region nor the financial resources when compared with Diversified. Staff believes that an established Dial -A -Cab service experience as well as a strong financial foundation are essential to carry out the responsibility of serving the approximate 1,400 registered Diamond Ride participants. In addition to the experience and knowledge that Diversified will continue to provide, there are several beneficial components that Diversified's proposal will add to the new contract. They are as follows: • A reduction in the Administrative Fee charged to the City from 10% to 5%. • Additional Dial -A -Cab vehicles, including more wheelchair accessible taxis to better serve Diamond Ride participants. • Updated data collection software that will enhance the gathering of data for reporting and maximization of shared rides. • Updated GPS tracking software that will streamline the Program, preventing potential abuse and making trips more reliable and cost efficient. • An extensive customer service training program for dispatchers and drivers. • Guarantee the $2.50 per mile meter rate for the next two years of the contract. In light of the aforementioned improvements and benefits, staff is recommending Diversified Transportation, LLC., be awarded the contract on the basis of their working knowledge of Diamond Bar's Diamond Ride Program as well as a history of successful public Dial -A -Cab operations in the region. In addition, as part of the new contract staff is implementing procedures, such as monthly meetings with the Project and Dispatch Managers to address customer service and/or operations -related issues that may arise. The Senior Vice President for Diversified will also play a key role in developing recommendations that will further enhance the service and cost -efficiency of the Diamond Ride Program. Staff believes that Diversified will give the City and its participants continuity and a reliable and cost-efficient Dial -A -Cab service. PREPARED BY: Patrick Gallegos, Management Analyst Date Prepared: December 10, 2009 REVIEWED BY: *id , Di ctor of Public Works Attachments: Contract Agreement Exhibit A —RFP Diversified Proposal dated December 1, 2009 (On file with the City Clerk) 2 CONTRACT AGREEMENT This agreement is made this day of 2010 between the City of Diamond Bar, hereinafter referred to as the "CITY" and , hereinafter referred to as the CONTRACTOR". Whereas, the CITY desires to provide Dial -A -Cab services to the eligible elderly (60 years and older) and persons with disabilities who reside in Diamond Bar. Whereas, CONTRACTOR operates a local taxicab service and is, therefore, capable of providing the Dial -A -Cab service; Now, therefore, CITY and CONTRACTOR agree as follows: 1. Contract Administrator. The City Manager or authorized representative, hereinafter designated as "Administrator". Shall be the administrator of this agreement. CONTRACTOR is responsible for performance of each and all tasks to be performed hereinunder and in accordance with the CONTRACTOR'S proposal attached as Exhibit "A" and the CITY'S Request for Proposals attached as Exhibit "B". 2. Project Description - General. CONTRACTOR will pick up and transport passengers upon telephone request within the hours of service identified and within the stated geographic boundaries as identified in Exhibit "C" of this Agreement. 3. Services to be Performed by CONTRACTOR. Services to be performed by CONTRACTOR in connection with the subject of this agreement shall be as follows: a. Accept telephone requests from eligible participants for Dial -A -Cab service and dispatch a taxicab to the pick-up location. A taxicab will have a 15 -minute pick-up window. Taxi cab dispatcher will be responsible for notifying customers of the 15 -minute pick-up window when customer calls to schedule a trip. If a taxi cab arrives more than 40 minutes after the customer's scheduled trip reservation, the customer will ride free of charge, and the City will not be billed for any portion of the trip. b. Shared rides shall be coordinated by CONTRACTOR to the maximum extent possible. c. CITY Dial -A -Cab passengers shall pay a set fare per trip, as determined by the CITY. CONTRACTOR will invoice the CITY for each trip at the City approved taxicab meter rate in effect at that time. All fares collected by CONTRACTOR from the passengers are the property of the CITY. The total amount of such fares shall be retained by CONTRACTOR and deducted from the billing statement. CONTRACTOR may accept fare tickets only if authorized to do so in writing by the CITY. d. CONTRACTOR shall gather ridership data and report such information to the Administrator on a monthly basis. More frequent reporting will be acceptable. The type of data to be collected shall be determined by the Administrator. 4. Services to be Performed by the CITY. In connection with the service and this agreement, the CITY shall: a. Designate hours of service and geographical boundaries of service. b. Set public fares for the service. c. Give prompt written notice to CONTRACTOR when Administrator observes or otherwise becomes aware of any deficiency in CONTRACTOR'S service. 5. Hours and Geographic Boundaries of Service. The hours and geographic boundaries for services under this agreement shall be included in Exhibit "C" of this agreement. 6. Changes. The CITY reserves the right to order an increase or decrease in the level of service provided with thirty (30) days written notice. 7. Compensation and Method of Payment. The CITY shall pay CONTRACTOR for services at the approved taxicab meter rate in effect at the time service is provided under this agreement, less cash fares collected by CONTRACTOR. CONTRACTOR shall submit invoices itemizing Dial -A -Cab trips in the CITY. Invoices will be reviewed and paid by the CITY within thirty calendar days. If the CITY disputes any items on an invoice for a reasonable cause, CITY may deduct that disputed item from the payment but shall not delay payment for the undisputed portions. 8. Independent Contractor. CONTRACTOR's relationship to the CITY in performance of this agreement is that of an independent contractor. The personnel performing services under this agreement shall at all times be under CONTRACTOR's exclusive direction and control. CONTRACTOR shall pay all wages, salaries, and other amounts due such personnel in connection with this agreement; and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, and worker's compensation insurance. 9. Permits and Licenses. CONTRACTOR shall maintain in force during the contract period all licenses and permits required by law for the operation of CONTRACTOR's business in Diamond Bar, including applicable business license. 10. Insurance. During the term of this agreement, CONTRACTOR shall procure and maintain the following insurance form a company acceptable to the City as described below: A. Worker's Compensation insurance with State of California statutory limits and employer's liability insurance with limits of not less than $1,000,000 per accident. Worker's Compensation shall cover all employees and independent Contractor drivers. B. Comprehensive general liability insurance with a combined single limit of not less than $1,000,000 per occurrence. C. Commercial Automobile liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: 1. Include coverage of all vehicles used in this service. 2. Name the City, its elected and appointed officials, officers, employees, and agents as additional insured. 3. Be primary for all purposes. 4. Contain standard cross -liability provisions. CONTRACTOR shall name the CITY additional insured on said policies and shall provide evidence of such insurance. Such policies shall provide that they may not be cancelled without at least (30) days written notice to the CITY. If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City at its sole option, may forthwith terminate this agreement and obtain damages from the Contractor resulting from said breach; alternatively, City may purchase such required insurance coverage, and without further notice to Contractor, City may deduct from sums due to Contractor to pay any premium costs needed to maintain insurance during performance. 11. Worker's Compensation. CONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of California which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 12. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 13. In CONTRACTOR shall indemnify and hold the CITY harmless from all claims, damages or liability, including all reasonable attorneys' fees and other costs incurred in defending any claims arising out of or in connection with the services performed by CONTRACTOR under this agreement. Such indemnity shall extend, but not be limited to, claims, damages, and liability arising from injuries or damages to person or property, provided that the obligation to indemnify shall not extend to claims, damages, or liability arising solely from the negligence or misconduct of the CITY or its officers, agents, or employees. 14. Notices. All notices herein required shall be in writing and delivered in person or sent by registered mail, postage prepaid. Notice required to be given to the CITY shall be addressed as follows: David G. Liu, Director of Public Works/City Engineer CITY OF DIAMOND BAR 21825 Copley Drive Diamond Bar, CA 91765 15. Termination. The City may terminate this agreement at any time with or without cause by giving thirty (30) days written notice to the CONTRACTOR. CONTRACTOR shall be compensated based upon the work which has been completed, and CONTRACTOR shall be entitled to no further compensation. 16. Assignment. This agreement shall not be assigned without written consent of the CITY. 17. Term. This Contract shall take effect January 1, 2010, and shall continue until January 1, 2011, with the option, at the City's sole discretion, to award three (3) annual extensions upon successful demonstration of exemplary contract performance, unless earlier terminated pursuant to the provisions herein. The City may, with approval by the Diamond Bar City Council, extend the effective termination date of the Contract by enacting an amendment to the Contract that is mutually agreeable to both parties. IN WITNESS WHEREOF, this agreement was executed on the day and year first mentioned above. CONTRACTOR Signature of Authorized Official Company CITY OF DIAMOND BAR Mayor Carol Herrera ATTEST: City Clerk Approved as to Form City Attorney Ron Everett Mayor Carol Herrera Mayor Pro. Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member November 19, 2009 ExH 1 3,7-,q City of Diamond Ear 21825 Copley Drive. Diamond Bar, CA 91 76 5-41 78 TO -Transportation Service Firms: (909) 839-7000 . Fax (909) 861-3117 www.CityofD!amondEar.com The City of Diamond Bar is soliciting proposals from qualified firms to provide Dial - A -Cab service. The service will be operated for Diamond Bar eligible elderly (60 years and older) and persons with disabilities. The Dial -A -Cab service will be provided within the City limits and within specific medical and service boundaries (see Exhibit C). Please find the enclosed scope of work and minimum operating parameters. It is the City's intention to contract with a responsible and experienced operator to provide an efficient, reliable and cost-effective Dial -A -Cab service. The successful firm will display a working knowledge of Dial -A -Gab systems and demonstrate a history of successful public Dial -A -Cab operations. The proposal is due not later than 2:00 p.m. on December 4, 2009 at the Department of Public Works, 21825 Copley Drive, Diamond Bar, CA 91765. All questions concerning this RFP should be directed to Mr. Patrick Gallegos, Management Analyst, at (909) 839-7035. Sincerel David G. Liu, P.E. Director of Public Works/City Engineer Cc: James DeStefano, City Manager David Doyle, Assistant City Manager Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member SECTION NUMBER TITLE City of Diamond Bar 21825 Copley Drive • Diamond Bar, CA 91765-4178 (909) 839-7000 . Fax (909) 861-3117 www.CityofiDiamondBar.com CITY OF DIAMOND BAR PROPOSAL REQUIREMENTS TABLE OF CONTENTS PAGE NUMBER SECTION 1 INSTRUCTION TO THE PROPOSER 1 SECTION 2 CONTENTS OF THE PROPOSAL 5 SECTION 3 PROPOSAL LETTER/CERTIFICATE OF ACCEPTANCE 7 SECTION 4 SCOPE OF WORK 9 SECTION 5 INSURANCE, CONTRACT TERM, AND OTHER 16 REQUIREMENTS SECTION 6 CONTRACT AGREEMENT 20 FORM 1 PROPOSED PRICING 26 EXHIBIT A MONTHLY MANAGEMENT REPORTS 28 EXHIBIT B CUSTOMER SERVICE STANDARDS 29 EXHIBIT C DIAMOND RIDE BROCHURE 30 Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive. Diamond Bar, CA 91765-4178 (909) 839-7000 . Fax (909) 861-3117 www.CityofDiamondBar.com SECTION 1 INSTRUCTION TO THE PROPOSER PREPARATION OF PROPOSER FORM Proposer shall be solely responsible for examining the entire Request for Proposal (RFP) document, and any addenda the City may issue during the proposal period, and for informing itself with respect to any and all conditions which may affect the performance of the service in the event Proposer is selected. No relief for error or omission will be given. II. INTERPRETATION OF REQUEST FOR PROPOSALS Proposer may request of the City in writing, prior to submission of proposal, clarification or interpretation of the RFP documents. Where such interpretation or clarification requires a change in the RFP documents, the City will issue an Addendum. Proposer shall acknowledge receipt of any and all addenda in the Proposal Letter. The City shall not be bound by and Proposer shall not rely on any oral interpretation or clarification of the RFP documents. III. PREPARATION OF PROPOSAL The Proposer shall submit its Proposal as specified in Section 2 of this document. The Proposal shall include all items listed in Section 2 Contents of the Proposal and shall be executed by an authorized representative. All proposals shall be prepared by and at the expense of the Proposer. IV. REJECTIONS OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES Unauthorized conditions, limitations, or provisions attached to a Proposal will render it informal and may cause its rejections. The completed Proposal forms shall be without interlineation, alterations, or erasures. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the Proposer without opening of proposals, provided that the request is in writing, has been executed by the Proposer or his duly authorized representative, and is filed with the City Clerk. City of Diamond Bar 21825 Copley Drive • Diamond Bar, CA 91765-4178 (909) 839-7000 . Fax (909) 861-3117 www.CityofD!amondBar.com V. PROPOSAL BOND All proposers shall furnish a proposal bond executed by a surety company licensed to do business in the State of California. The bond shall bind the Proposer to indemnify the City against all losses, not to exceed the sum of the bond, which may be occasioned by failure to consummate the contract for services. Said proposal bond shall be in the sum of $5,000 (five - thousand dollars). A certified check or cashier's check, payable to the City of Diamond Bar, or cash may be deposited in lieu of a proposal bond. VI. RETURN OF PROPOSER'S BOND Within ninety (90) calendar days after award of contract, the City will return the proposal bonds or all other security deposits accompanying each bond, except that of the successful Proposer. The successful Proposer's bond will be returned upon the signing of a contract. VII. FAITHFUL PERFORMANCE DEPOSIT Ron Everett Mayor Concurrent with the execution of an Agreement and maintained throughout its duration, Contractor shall deposit with the Office of the City Clerk a cash Carol Herrera deposit, irrevocable letter of credit, or other such document evidencing an Mayor pro Tem irrevocable case deposit payable to City, in the amount of Fifty Thousand Dollars ($50,000), in the form approved by the City Attorney, guaranteeing Permittee's faithful performance of the terms of this Agreement. Wen P. Chang Council Member VIII. SUBMISSION OF PROPOSAUPERIOD OF ACCEPTANCE Jack Tanaka The Proposer shall deliver in a sealed envelope bearing on the outside of Council Member the envelope the words "DIAL -A -CAB PROPOSAL", six (6) copies of its proposal to the Diamond Bar Department of Public Works at 21825 Copley, Steve Tye Diamond Bar, CA, 91765 by 2:00 p.m., on December 4, 2009. It is the Council Member proposer's sole responsibility to assure that its proposal is received as stipulated. IX. BASIS OF AWARD A. The City Council is not obligated to award a contract and reserves the right to reject all proposals. The City Council intends to award the contract to the lowest responsible bidder; however, the City Council is not obligated to award a contract to the low proposer, but will consider other factors such as evidence of satisfactory performance under other Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive . Diamond Bar, CA 91 76 5-41 78 (909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondBar.com contracts or financial condition that may convince the Council that a given Proposer would provide the most effective, cost effective, and reliable service to the City. B. The contract will be awarded only to a Proposer who has (a) complied with all of the terms and provisions of the Request for Proposal and the contract; (b) proposal that would be economical and serve the best interest of the City. C. The City further reserves the right to waive any informality or irregularity in the Proposal when doing so would serve the public interest. X. EXECUTION OF AGREEMENT The agreement shall be signed by the successful proposer and returned with the required bonds within ten (10) days, not including Sundays and legal holidays, after the City has provided written notice that the contract has been awarded. Failure to execute agreement and file acceptable bonds documents as provided herein shall be just cause, at City option, for annulment of the contract award. Should the successful proposer decline to execute a contract, City Council has the option to either reject all proposals and call for new proposals or accept one of the other proposals. XI. DEFINITION For the purposes of this Request for Proposal, the following words are defined as follows: (a) Fare - Shall mean the fare paid by the customers to the taxicab driver for a trip. The City will set the fares. Fares will be charged for the direct distance between the pickup and destination addresses. Any trip deviations taken by the drivers may not be factored into the fare. The fare shall be established based upon a set trip distance. (b) Flag Drop- Shall mean the fixed amount charged for initiating a trip. The flag drop amount shall be set forth in the successful Proposal and therefore in the formal contract as the flag drop that shall prevail throughout the term of the contract. Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive . Diamond Bar, CA 91765-4178 (909) 839-7000 . Fax (909) 861-3117 www.CityofDiamondBar.com (c) Shared Ride - Shall mean a trip in which a taxicab picks up more than one person from a common origin and delivers them to a common destination. (d) Incremental Shared Rides - Shall mean a trip in which a taxicab picks up joint travelers successively and delivers them to the same or successive destinations. (e) Net Charges - Shall mean trip charges (flag drop plus per -mile fees) less revenue collected from riders. (f) Trip - Shall mean the transport of a customer or customers from origin to destination, where destination is defined as the point at which the customer or customers leave the vehicle. Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive . Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondBar.com SECTION 2 CONTENTS OF PROPOSAL GENERAL FORMAT OF PROPOSAL The Proposal shall constitute the Proposer's plan for completing the Scope of Work. Accordingly, the Proposer should present the technical approach demonstrating a well -structured, efficient work plan. Proposers should refine and/or expand the Scope of Work in the RFP to reflect the particular plan they would use to perform the work. Proposers shall address any problems that they envision to be associated with the work, citing specific suggestions for avoiding these problems. Six (6) copies of the proposal shall be submitted in a sealed envelope bearing the words "DIAL -A -CAB PROPOSAL", to the Department of Public Works by 2:00 p.m. on December 4, 2009. The Proposals must be in the Department of Public Works office by the day and time stipulated. Postmarks bearing the due date are not acceptable substitutes. PROPOSAL CONTENT The Proposal shall have the following components: A. Proposal Letter: (Section 3). Must be completed and executed by an authorized representative of the Proposer. B. Qualification Statement: A qualification statement indicating general work experience specifically relevant to the Scope of Work. List any major Dial -A -Cab programs in which your firm has participated (either in a lead or support role and state the degree of involvement). A minimum of three (3), but not more that six (6) references from current and past clients is required for review. Qualification statements shall be submitted for the Proposer, Subcontractors and Joint Venture partners. C. Work Plan/Technical Description: The Proposal shall include a work plan which would delineate the approach Proposer would utilize to complete the work. The plan shall demonstrate the Proposer's understanding of the scope of services. As stated previously, it should refine and/or expand scope of services to reflect how Proposer would complete the work. Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive . Diamond Bar, CA 91765-4178 (909) 839-7000. Fax (909) 861-3117 www.CityofDiamondBar.com The work plan should include how the Dial -A -Cab service would be conducted from the customer telephone request to invoicing the City. If subcontractors are utilized, the Proposer must submit a description of each firm or person and the work to be done by each subcontractor. D. Proposed Manpower Analysis: The Manpower Analysis shall include information regarding proposed person hours broken down by tasks that key staff is expected to devote to the work. The plan should incorporate resumes of the background, related experience, accomplishments and other pertinent information, and the remaining information. Proposal should include an analysis of other commitments of the contractor and subcontractors and availability of key staff. E. Price Proposal: Price Proposal shall be submitted on the form provided. The Proposal shall be valid for ninety (90) calendar days from the date stipulated in the Proposal. If this offer is accepted within that time period, the Proposer agrees to furnish all services and items as stipulated in the RFP and any accompanying addenda. City Dial -A -Cab customers shall pay a set fare per trip. Proposer would invoice the City for each trip at the municipally approved taxicab meter rate in affect at that time. All fares collected by contractor from the customers are the property of the City. The total amount of such fares shall be retained by Proposer and deducted from the billing statement. Failure to submit all required forms and certifications duly executed by an authorized officer of the Proposer's firm may render the proposal incomplete and unresponsive and may cause its rejection. F. Terms and Conditions: Provide a statement that all terms and conditions outlined in the attached contract agreement (see Section 6) are acceptable. Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member PROPOSER City of Diamond Bar 21825 Copley Drive - Diamond Bar, CA 91765-4178 (909) 839-7000 . Fax (909) 861-3117 www.CityofDiamondBar.com SECTION 3 PROPOSAL LETTER/CERTIFICATE OF ACCEPTANCE DAVID G. LIU, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER CITY OF DIAMOND BAR 21825 COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91765 In response to the Request for Proposal (RFP), for Dial -A -Cab Service, we the undersigned hereby declare that we have carefully read and examined the RFP documents, and hereby propose to perform and complete the work as required in the Contract. The undersigned agrees to supply the Scope of Work at the costs indicated in its cost proposal if its Proposal is accepted within ninety (90) calendar days from the date specified in the Proposal. If awarded a Contract, the undersigned agrees within 10 calendar days following Notification of Award, to deliver the original Certificates of Insurance and Faithful Performance Bond. If services are authorized to commence prior to the execution of the Contract pursuant to a Notice to Proceed issued by the City, pending the execution of the Contract, the services shall be subject to the terms and conditions of the Scope of Work and the Contract. Incorporated herein and made a part of this Proposal are the proposal requirements. The undersigned acknowledges receipt, understanding and full consideration of the following Addenda to the RFP Documents (if applicable): Addendum No. Proposer represents that the following person is authorized to negotiate on its behalf with the City in connection with this RFP: Name Title Phone Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive . Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861-3117 www.CityofiDiamondBar.com The undersigned certifies that it has examined and is fully familiar with all of the provisions of the RFP documents and is satisfied that they are accurate; that it has carefully checked all the words and figures and all statements made in the proposal requirements; that it has satisfied itself with respect to other matters pertaining to the Proposal which in any way affect the work or the cost thereof. The undersigned hereby agrees that the City will not be responsible for any errors or omissions in these RFP documents. M Signature Type or Print Name Title Proposer's Business Address and Telephone/Fax Numbers: Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member ,Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive - Diamond Bar, CA 91765-4178 (909) 839-7000 - Fax (909) 861-3117 www.CityofDlamondBar.com SECTION 4 SCOPE OF WORK SERVICE CHARACTERISTICS A. Hours of Operation. Service shall operate seven days a week, fifty-two weeks per year, from 7a.m. to 8p.m., including all holidays. B. Eligible Users. The service shall be available to eligible Diamond Bar residents who are: (a) At least sixty (60) years of age; or (b) Disabled as certified by a physician, or disability card/document issued by the Veterans Administration, Department of Motor Vehicles, or Social Security Department. C. Identification. Each eligible Diamond Bar resident who signs up to use the service shall have a uniquely numbered identification card bearing his/her name, address, telephone number, and photograph. D. Dedicated Telephone Number. The contractor will maintain a dedicated telephone number for the exclusive use of Diamond Bar Dial -A -Cab customers. The contractor will have its dispatchers and other staff members answer the line with the words "Diamond Ride". The dedicated telephone number shall operate seven days a week, fifty-two weeks per year, 24 hours a day. E. Callinq for a Ride. When a resident embarks on a Dial -A -Cab trip, he or she must telephone for a taxicab and report their identification number to the dispatcher. The dispatcher will provide the Diamond Ride participant with a confirmation number of their scheduled trip. When the traveler begins the ride, the resident must show the driver their identification card to confirm their eligibility. Failure to identify himself or herself as an eligible user of the Dial -A -Cab to either dispatcher or driver means that the traveler must pay full fare, and the City will not pay for any portion of the trip. F. Lead Time in Calling for a Taxi. Riders will be required to call in advance (before 8:00p.m. the previous day) to inform the taxicab when they wish the taxi to arrive. Riders will be responsible for calculating when they will need the cab to arrive. Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive - Diamond Bar, CA 91 76 5-41 78 (909) 839-7000 - Fax (909) 861-3117 www.CityofDiamondBar.com G. Response Time. A taxicab will have a 15 -minute pick-up window. Thus, if a customer schedules a trip for 9a.m, the taxi cab can arrive to pick up customer between 8:45a.m. and 9:15a.m. Taxi cab dispatcher will be responsible for notifying customers of the 15 -minute pick-up window when customer calls to schedule a trip. If a taxicab arrives more than 40 minutes after the customer's scheduled trip reservation, the customer will ride free of charge, and the City will not be billed for any portion of the trip. H. Pick -Up and Drop -Off Standards. Taxis will offer curb -to -curb service for senior riders, and portal-to-portal service for the disabled. In curb -to -curb cases, because taxis will arrive during a fifteen -minute response window, riders may not be standing at the curb; in these cases, the taxi driver will beep the horn gently to signal arrival. In instances where riders cannot walk out to the curb but can walk as far as a driveway that is accessible to a taxicab, the taxi will pull into the driveway to pick them up. In portal-to-portal instances, drivers will, if necessary help disabled riders negotiate their exit from their dwelling by taking such actions as holding open a door, stepping a short way inside the dwelling to help with a wheelchair, or carrying a small package or handbag. Drivers are not expected to carry groceries into a dwelling. Guest. One guest may accompany each customer and shall not pay a fare. Only one guest per cardholder will be permitted. When reporting service data, the contractor shall report guests separately from eligible, registered riders. J. Service Area. Eligible Diamond Bar residents may be picked up and transported within all incorporated areas of the City of Diamond Bar. In addition, they may be picked up from or transported to: (1) Designated Medical and Service Area Boundaries (see map) (2) Ontario International Airport and Fullerton Amtrak Station If a resident wishes to make a trip to an out of the designated area, he or she will have the trip subsidized up to the Service Area boundary and will be charged the out of town fare for that portion of the trip from the boundary on; the resident will be charged commercial per -mile rate and Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member K. City of Diamond Bar 21825 Copley Drive. Diamond Bar, CA 91 76 5-41 78 (909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondBar.com will be responsible for paying for that out-of-town boundary portion of the trip. Fares. Will be set as follows: (1) Trips within the City boundaries - $0.50 one way ($1.00 round-trip) (2) Trips within medical service area - $1.50 one way ($3.00 round-trip) (3) Trips within the service area (non-medical) - $3.00 one way (4) Trips to shopping centers/malls beyond City boundaries - $3.00 one way limited to 8 trips per month ($6.00 round-trip) (5) Trips to Ontario Airport or Fullerton Amtrak Station - $10.00 one way limited to 6 trips per year. ($20.00 round trip) The City may change the fares at its discretion. L. Billing. For each trip the contractor will invoice the City at the taxicab flag drop and meter rates stated in Form #1 (the "not to exceed" price proposal) submitted by the successful Proposer. Charges are to be based on flag drop and mileage only, not on periods of time. All fares collected by the contractor from customers are the property of the City. The total amount of such fares shall be retained by the contractor and deducted from the total trip charges invoiced to the City. M. Shared Rides. The contractor will make every reasonable effort to create shared rides in order to minimize costs to the City. To encourage shared rides, persons who are picked up at the same origin and delivered to the same destination in the same taxicab may ride for a single fare per taxicab. An "incremental shared ride," where a taxicab picks up joint travelers successively and delivers them to the same or successive destinations, shall be billed to the City as a single trip from the point where the first rider is picked up to the point where the last joint rider is dropped off. Each rider shall pay the full rider fare identified in Item K above. All fares collected in this incremental shared ride will be deducted from the gross charge to the City. N. Management Reports. The contractor shall furnish a report with each month's billing giving standard boarding, trip, revenue, and cost statistics as shown in Exhibit A. The number of trips shall be reported Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive. Diamond Bar, CA 91 76 5-41 78 (909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondBar.com separately from the number of riders transported. The contractor shall furnish additional reports at the City's request. O. Customer Satisfaction Survey and Operations Meeting. Every year the contractor shall carry out a survey to determine satisfaction with the service and collect information that could suggest service improvements. The survey, to be answered anonymously, could include Dial -A -Cab users, those who have signed up for the service but do not use it. The City will have oversight and final review of any survey that is administered to Dial -A -Cab customers. Additionally, the contractor shall meet on a monthly basis or as needed to discuss the service and operations of the Dial -A -Cab program. P. Criticism and Initiative. The contractor will work closely with the City to make the service as responsive, cost effective, and complaint -free as possible. Because of the contractor's expertise, the City will expect the contractor to observe the program with a critical eye and suggest changes that will improve any and all aspects of the service, including City administrative practices. Q. Responsibility of Contractor. Contractor shall provide all management and operational functions necessary for the success of the Diamond Bar Dial -A -Cab service. Contractor must provide all vehicles, dispatch, drivers, insurance, fuel, and maintenance. Il. ADJUSTMENT TO SERVICE LEVEL It is probable that service will be adjusted at some future time by the City. Adjustments may include (but are not limited to) expanding or decreasing service hours or days of service, or increasing or decreasing service areas, adjusting fares, or requiring advance reservations. Contractor is required to make changes as requested within thirty (30) calendar days of the receipt of notice. If contractor cannot or elects not to make the changes requested, or costs cannot be agreed on, the City shall have the option of cancelling the contract. III. QUALIFICATIONS OF CONTRACTOR Contractor must meet the minimum qualifications set forth to be considered eligible to provide the proposed service. Contractor must: Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive. Diamond Bar, CA 91765-4178 (909) 839-7000 . Fax (909) 861-3117 www.CityofDiamondBar.com A. Be a transportation organization experienced in the provision of Dial -A - Cab services. (1) List the major relevant programs in which your firm has participated in either a lead or a support role; state the degree of involvement. A minimum of three (3) references from current clients or from clients served within the last three years is required for review. (2) Furnish brief resumes of the designated project manager and key project personnel. B. Be a privately owned transportation company. C. Be financially sound. (3) Please provide two years of audited financial statements. D. Be able to commit adequate number of vehicles to the Diamond Bar Dial -A -Cab Program to handle the highs and lows of the demand. IV. LIAISON Contractor shall coordinate closely with the City and relevant municipalities, agencies, and interest groups on all City transportation program matters and operation status. Under no circumstances shall Contractor represent or speak on behalf of the City. Contractor shall attend meetings with the City as requested. Contractor may be required to make presentations at community or service club meetings. V. DRIVER QUALIFICATIONS All drivers performing the Dial -A -Cab service shall meet the following minimum qualifications: A. Be legally licensed to operate a taxi in Diamond Bar or in a jurisdiction with licensing standards accepted by the City of Diamond Bar. B. Be alert, careful, courteous, sober, and competent in their driving skills. C. Dressed in a conservative, safe manner (i.e. no shorts, no open -toed sandals, no tank tops). Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive • Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondBar.com D. Meet all City, County, State and Federal requirements. VI. DRUG TESTING ' The Contractor shall conduct an ongoing drug and alcohol testing program which shall meet state and federal standards and include a driving test, test on incident or accident, test on reasonable suspicion, random testing, and training of supervisors to recognize drug and alcohol symptoms. A list of testing laboratories shall be provided to the City and all employees tested. VII. SAFETY The Contractor shall have an ongoing safety program that promotes and rewards safe driving. Please attach a description of a comprehensive safety plan that the Proposer has adopted and that demonstrates the Proposer's commitment to safe transportation. The Contractor shall provide the name of a person trained and designated as the safety coordinator who shall report to the City as requested on safety issues and accident statistics as requested. VIII. EQUIPMENT Vehicles shall be easily recognized and marked as taxis. Vehicles shall be maintained on a regular schedule with regular preventative maintenance inspections at a minimum of every 5,000 miles. Vehicle maintenance records shall be kept for at least one year as required by the California Highway Patrol. Contractor shall provide copies of the completed preventative maintenance check lists to the city. Wheel chair accessible vehicles shall be available within the same service parameters as regular sedan service. The wheel chair accessible vehicles shall meet all requirements of the Americans with Disabilities Act of 1990 and all applicable amendments thereto. Each vehicle shall be equipped with a fire extinguisher, taxi meter with a current approval and inspection by the Department of Weights and Measures, a two-way radio, a device for alerting authorities in case of hijacking or robbery, and a computer for receiving rider information. The Proposer shall submit a photograph of a typical sedan and a typical wheel -chair -accessible vehicle to be used in the proposed service. Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive • Diamond Bar, CA 91765-4178 (909) 839-7000 9 Fax (909) 861-3117 www.CityotDiamo nd Bar.com The Proposer shall describe the system used to ensure that the vehicles are washed and the interiors cleaned daily. Maintenance records shall be submitted to the City on a yearly basis. IX. DISPATCHING The Contractor shall provide a dedicated telephone number which shall be answered with the words "Diamond Ride". The Contractor shall provide dispatching twenty-four (24) hours per day. The dispatchers will be courteous and patient with customers of the Diamond Ride program. Calls on the dedicated Diamond Ride number shall be answered within 30 seconds, and hold times shall not exceed two (2) minutes. Because of the topography of Diamond Bar, radio service may be marginal. The Proposer shall provide documentation that its radio service system will allow communication in most areas of the community and contain a back-up system. Contractor shall dispatch its taxi cabs via a computerized dispatch system, which is more reliable in a hilly area and eliminates radio noise in the vehicle. Because the dispatcher is an invaluable component of a successful Dial - A -Cab program, the dispatcher shall have demonstrated experience in dispatching taxis and putting together shared rides, in a timely manner. Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive. Diamond Bar, CA 9176 5-41 78 (909) 839-7000 . Fax (909) 861-3117 www.CityofD!amondBar.com SECTION 5 INSURANCE, CONTRACT TERM, AND OTHER REQUIREMENTS I. INSURANCE With respect to performance of work under this agreement, Contractor shall maintain insurance from a company acceptable to City as described below: A. Worker's Compensation insurance with State of California statutory limits and employer's liability insurance with limits of not less than $1,000,000 per accident. Worker's Compensation shall cover all employees and independent Contractor drivers. B. Comprehensive General Liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: C. Commercial Automobile Liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: 1. Include coverage of all vehicles used in this service. 2. Name the City, its elected and appointed officials, officers, employees, and agents as additional insured. 3. Be primary for all purposes. 4. Contain standard cross -liability provisions. D. Contractor shall: 1. Furnish a statement of insurance with the proposal describing to what extent they meet these requirements by types and amounts of coverage or provide copies of certificates of insurance already in place which meet the minimum requirements. 2. Furnish properly executed certificates of insurance to City prior to start of work under this agreement, such certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed, terminated, or allowed to expire except on 30 days' prior written notice to City; and Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive. Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondBar.com 3. Maintain such insurance from the time work first starts until completion of the work under this agreement; and If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City at its sole option, may forthwith terminate this agreement and obtain damages from the Contractor resulting from said breach; alternatively, City may purchase such required insurance coverage, and without further notice to Contractor, City may deduct from sums due Contractor to pay any premium costs needed to maintain insurance during performance. ll. TERM OF CONTRACT The initial Contract shall cover a period of two (2) years commencing January 1, 2010, with the option, at the City's sole discretion, to award three (3) annual extensions upon successful demonstration of exemplary contract performance. The City may, with approval by the Diamond Bar City Council, extend the effective termination date of the Contract, by enacting an amendment to the Contract that is mutually agreeable to both parties. Negotiations for contract extension may begin three (3) months before the effective termination date of the agreement in force and they shall end forty-five (45) days after the beginning date for contract extension. Should the City and the Contractor not agree to the terms of a contract extension, the City may request proposals for the service with the intent that the service will continue uninterrupted until a new contract is awarded. III. AMENDMENT OF CONTRACT At any time during the Contract, including those times when the Contract is amended to extend the length of the Contract, the City may, with the approval of the Diamond Bar City Council, enact amendments to the Contract that are mutually agreeable to both parties. All amendments, with the exception of amendments that extend the length of the Contract, shall take effect within thirty (30) days from the Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member ,Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive . Diamond Bar, CA 91765-4178 (909) 839-7000 9 Fax (909) 861-3117 www.CityofDiamondBar.com date on which both parties formally agree in writing to enact the amendments unless the parties mutually agree to a shorter time period. Any action that results in an increase in the "not to exceed" prices committed to by the successful Proposer may require the City to re -open the Contract. IV. FEES, PERMITS, TAXES, AND CERTIFICATES The Contractor shall have the sole obligation to pay all license fees, assessments and taxes, including but not limited to use, sales, property, or other taxes, plus penalties and interest which may be imposed on the Contractor. V. PAYMENT The Contractor shall invoice the City monthly, submitting all monthly management reports along with its invoice. The City shall pay the Contractor monthly and within a reasonable time from receipt of invoice, in a manner consistent with the City's normal accounts payable practices. VI. TERMINATION OF THE CONTRACT A. The City shall have the right to terminate the Contract upon giving a thirty (30) day written notice of such termination to the Contractor. In the event of such termination, the City shall determine the amount of fees to be paid to the Contractor for services rendered to the date of termination. This determination, in the amount determined and as approved by the Diamond Bar City Council, shall be final and conclusive. B. Any of the following provisions may result in termination of the Contract executed between the City and the successful Proposer: (1) Bankruptcy of the Contractor or assignment by it to the benefit of its creditors. (2) Failure or refusal of the Contractor (after written warnings by the City) to perform the services specified in the contract in a manner satisfactory to the City. (3) Failure or refusal of the Contractor to comply with the instructions of the City or with applicable federal, state, and local laws. Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive • Diamond Bar, CA 91 76 5-41 78 (909) 839-7000 • Fax (909) 861-3117 www.CityofD!amondBar.com (4) Any evidence of fraud or over- billing to the City. (5) Any loss of funding (Proposition A Local Return is the current source) or non -appropriation of funds as a result of budget considerations. C. The City and Contractor may mutually terminate the Contract if a new contract is established and approved by both parties. VII. PLANNING AND MARKETING The successful Proposer shall participate with the City in the design and implementation of changes in the service's operating characteristics. Recognizing the Proposer's expertise, the successful Proposer shall be requested to inform the City of any observations regarding modifications to the service routing, scheduling, marketing, etc. for purposes of improving the service. It is noted that marketing costs should not be included in the Proposer's cost for this Contract. Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive. Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861-3117 www.CityofD!amondBar.com FORM #1 PROPOSED PRICING TO: David G. Liu, Director of Public Works/City Engineer City of Diamond Bar 21825 Copley Dr. Diamond Bar, CA 91765 FROM: To furnish the Dial -A -Cab services described in this Request for Proposal, the Proposer would charge the prices given below. Please complete this form and sign and date this form and any amending document. (1) Flag Drop, per trip: $2.50 (2) Per Mile: $2.50 (3) No wait time fees. (4) Administrative Overhead: % of net charges charged to City of Diamond Bar where net charges are defined as the total trip charges net of collected revenues. (5) To encourage shared rides, persons who are picked up at the same origin and delivered to the same destination in the same taxicab may ride for a single fare per taxicab to encourage ridesharing. (6) An "incremental shared ride," where one taxicab picks up joint travelers successively and delivers them to the same or successive destinations, shall be billed to the City as a single trip from the point where the first rider is picked up to the point where the last rider is dropped off. Each rider shall pay a full individual fare. All fares collected in this incremental shared ride will be deducted from the gross charge to the City. (7) Other charges (please describe): Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive. Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861-3117 www.CityofDlamondBar.com The undersigned certifies that the foregoing prices are valid for ninety (90) days from the proposal due date, and that these will be the prices maintained throughout the contract period. Name, Title Date Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive. Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861-3117 www.CityofDlamondBar.com Exhibit'A' MONTHLY MANAGEMENT REPORTS Monthly management reports should include at a minimum these statistics: FINANCIAL Total Fares, by Day, By Month Total Revenues, by Day, By Month Total Fares Net of Total Revenues, by Day, By Month Revenue by Different Fare Categories RIDERS, PER MONTH Total Number of Riders Transported Riders by Category: weekend, weekday, senior, disabled, other; service areas (within City limits, non-medical boundary and medical boundary) Average Weekday/Weekend Riders Average Passengers per Hour and per Trip Net Cost per Passenger Shared Ride Data TRIPS, PER MONTH Total Number of Trips Total Number of Vehicle Service Miles Total Number of Vehicle Service Hours Average Miles Per Trip Net Cost per Trip CUSTOMER SERVICE Number of Complaints Average Wait Time Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member City of Diamond Bar 21825 Copley Drive • Diamond Bar, CA 9176 5-4178 (909) 839-7000 . Fax (909) 861-3117 www.CityofiD!amondBar.com Exhibit'B' CUSTOMER SERVICE STANDARDS The following customer service items are mandatory for the Diamond Bar Dial -A - Cab Program, these standards are considered minimal: 1. Vehicles to be kept clean and well maintained, including: no tears in upholstery, windows in working condition. 2. Vehicles to be air-conditioned. 3. Clean drivers displaying a name badge/ identification at all times. 4. No smoking allowed in vehicles. 5. Vehicles to arrive on time, within forty minutes (40) of a scheduled trip reservation. 6. Drivers must be courteous, use of is profanity strictly prohibited. 7. If driver cannot locate passenger, they must notify dispatcher, and dispatcher will place a call to the customer. 8. Drivers shall not solicit tips or other forms of gratuities. Diamond Ride User effectiveOctober 1,20i79 Quick Reference Sheet Administered by the City of Diamond Bar, the Diamond Ride Program is supplemental curb -to -curb transportation for Diamond Bar residents 60+ years of age and/or with disabilities. How to use Diamond Ride What are the service hours? Monday through Sunday between 7:00 am and 8:00 pm. How many trips am I allowed? Up to thirty (30) one-way trips or fifteen (15) round -trips per month. How do I reserve a trip? Call 800.578.6555 between 7am and 8pm at least one day in advance. Be prepared to provide: • Name, contact number, and Diamond Ride I.D. number. • Address of pick-up and destination locations. • Number of passengers. • Time you need to arrive at your destination/appointment. • Number of passengers and any special needs requests. • Indicate if you will need more than one trip for the same day. Questions or Comments Where can 1 travel? Travel is allowed within three (3) designated service areas (see map on reverse side). All trips must begin or end in Diamond Bar. Is travel beyond the service area boundaries allowed? Travel to destinations beyond medical service area #3 and non-medical trips beyond service area #2 are charged an additional $2.50 per mile rate after initial fare. What are the fares? Fares vary by destination as follows: • within Diamond Bar city limits #1 $0.50 ($1.00 round-trip) • medical visits within the medical service area #3 $1.50 ($3.00 round-trip) • trips (non-medical) within the service area #2 (see map) $3.00 ($6.00 round-trip) • shopping centers/malls beyond city limits $3.00 ($6.00 round-trip) limited to eight (8) per month • Ontario Airport or Fullerton Amtrak Station $10.00 (limited to six (6) per year) Regarding a particular trip, contact Yellow Cab at 800.578.6555 Report unresolved issues or provide suggestions/ feedback to the City's Public Works Department at 909.839.7040 Where can I go? Service area boundaries #VFood,ill Fwy (210) Arrow Hwy. Using Diamond Ride - Examples 10 Fw . 10 m k #2 m m m J �S • Impedw Hwy. a m San Diego Fwy (405) y Using Diamond Ride - Examples Riverside Fuy (91) TN M�P rwt,u scare Next -day reservations Example: Your medical appointment is Monday at 11am. You must reserve a ride no later than Sunday anytime between 7am and 8pm. (Initial pick-up time)15-minute window Example: Your ride reservation is scheduled for 9am. A driver will arrive to pick you up between 8:45am. and 9:1 Sam. Scheduling several trips for the same day Example: You have a medical appointment Thursday at 10am. After your doctor's visit, you want to go to the grocery story before going home. Step No. 11- Reserve your ride to the medical appointment on Wednesday anytime between 7am and 8pm, and inform the cab company that you would like to stop at the grocery store after your doctor's appointment. Step No.2 -When you are aready to leave the doctor's office, call the cab company to arrange a new ride to the grocery store. Your ride will arrive within 40 minutes of placing your request. Step No.3 - When you have finished grocery shopping, call the cab company to arrange for a ride back home. Your ride will arrive within 40 minutes of placing your request. Also, if you plan on using Diamond Ride for all your trips, keep in mind that it will count as three (3) one-way trips: from your home to your medical appointment, from your medical appointment to the grocery store, and from the grocery store to your home. Helpful Reminders Time -sensitive trip requests If you are traveling to a time -sensitive appointment, be sure to tell the cab company what time you must arrive at your destination. The dispatchers will do their best to accommodate your request or provide a reasonable alternative. Shared Rides When scheduling your pick-up time, keep in mind that your trip may be scheduled with other riders. Cancelling Rides If you are unable or no longer need a previously scheduled ride, you must call to cancel your reservation at least 1 hour prior to your scheduled trip. LL� m k rn m Riverside Fuy (91) TN M�P rwt,u scare Next -day reservations Example: Your medical appointment is Monday at 11am. You must reserve a ride no later than Sunday anytime between 7am and 8pm. (Initial pick-up time)15-minute window Example: Your ride reservation is scheduled for 9am. A driver will arrive to pick you up between 8:45am. and 9:1 Sam. Scheduling several trips for the same day Example: You have a medical appointment Thursday at 10am. After your doctor's visit, you want to go to the grocery story before going home. Step No. 11- Reserve your ride to the medical appointment on Wednesday anytime between 7am and 8pm, and inform the cab company that you would like to stop at the grocery store after your doctor's appointment. Step No.2 -When you are aready to leave the doctor's office, call the cab company to arrange a new ride to the grocery store. Your ride will arrive within 40 minutes of placing your request. Step No.3 - When you have finished grocery shopping, call the cab company to arrange for a ride back home. Your ride will arrive within 40 minutes of placing your request. Also, if you plan on using Diamond Ride for all your trips, keep in mind that it will count as three (3) one-way trips: from your home to your medical appointment, from your medical appointment to the grocery store, and from the grocery store to your home. Helpful Reminders Time -sensitive trip requests If you are traveling to a time -sensitive appointment, be sure to tell the cab company what time you must arrive at your destination. The dispatchers will do their best to accommodate your request or provide a reasonable alternative. Shared Rides When scheduling your pick-up time, keep in mind that your trip may be scheduled with other riders. Cancelling Rides If you are unable or no longer need a previously scheduled ride, you must call to cancel your reservation at least 1 hour prior to your scheduled trip. CITY COUNCIL Agenda # g , 2 Meeting Date: Dec. 15, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: .lames DeStefano, City Ma a TITLE: City Council Appointments A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS RECOMMENDATION: Appoint and Adopt Resolution.. FINANCIAL SUMMARY: There is no financial impact to the City. BACKGROUND: On a yearly basis following the reorganization of the City Council, the newly selected Mayor has the opportunity to appoint Council Members to serve as delegates and alternates to the local and regional organizations of which the City is a member. In addition, the City Council has created various standing committees (meets as needed) and ad-hoc committees which require appointments. Pursuant to the bylaws of the San Gabriel Valley Council of Governments (SGVCOG), a resolution must be adopted to formalize the new appointments. Resolution No. 2009 - XX is attached, confirming the appointments. PR.PARED Tom y Cribbin Cly Clerk Attachment: Resolution No. 2009 -XX REVIEWED BY: David Doyle, Asst. City Manager CITY COUNCIL APPOINTMENTS Effective December 15, 2009 COMMITTEE DELEGATE/ALTERNATE California Contract Cities Association Tye Tanaka (Board of Directors membership — CCCA bylaws specify that voting delegate and alternate needs to be any City elected official) Sam Olivito, Exec. Dir., 8119 Somerset Blvd., Paramount, CA 90723, 562-633-5533, FAX 562-633-9555. Meets 3rd Wednesday of each month at 6:30 p.m. (social hour), 7:30 p.m., dinner, various restaurant locations of host City. Reservations required. Foothill Transit Board Herrera Tye (Board of Directors membership — Delegate and alternate must be elected officials) Doran Barnes, Exec. Dir. 100 S. Vincent Ave., 2'd Floor W. Covina, 91790, 626-967-2274, FAX 626-915- 1143 Meets fourth Friday of each month at 8:00 a.m. at above address. Four -Corners Transportation Policy Group Unchanged Herrera Chang Carol Herrera, City of Diamond Bar, Chairman - Meets as needed. Greater Los Angeles County Vector Control District Audrey Hamilton (Appointment of Trustee — does not have to be an elected official. Appointment is for 2 -year term 12545 Florence Ave., Santa Fe Springs, 90670, 562-944-9656 (12/2010) Meets 2nd Thursday at address above at 7:00 p.m. Joint Powers Insurance Authority Tye Everett (Board of Directors membership — Delegate must be any elected official appointed by the Mayor. Alternate may be elected official or staff member) Jon Shull, Executive Director, 8081 Moody St., La Palma, 90623, 800-229-2343, FAX 562-860-4992 General Board Committee meets annually each July - location to be announced L.A. County Sanitation District No. 21 Herrera Chang (Board of Directors Membership — Mayor is automatically delegate per Health & Safety Code Sec. 4730.1. Alternate is required to be an elected official whose appointment is confirmed by City Council action) Stephen R. Maguin Chief Engineer & Gen. Mgr., 1955 Workman Mill Rd., Whittier 90601-4998 Mailing: P.O. Box 4998, Whittier 90601-4998, 562-699-7411 x1500, FAX 562-908-4255 Meets 4th Wednesday of each month at 1:30 p.m. at District Office L.A. County City Selection Committee Herrera Tye (Board of Directors membership - Mayorand Mayor Pro Tem are automatically designated as Delegate and Alternate, respectively) Sachi A. Hamai, Executive Officer, Board of Supervisors, Kenneth Hahn Hall of Administration, Room 383, 500 W. Temple St., Los Angeles, 90012, 213-974-1401 Meets: After the League of Calif. Cities - L.A. County Division Meeting - (Approx. 8:30 p.m.) Rev December 10. 2009 League of Calif. Cities - L.A. County Division Chang Everett (Board of Directors membership — Delegate and alternate must be elected officials. Mayor does not have to be appointed) Ben Wong, Exec. Dir, P.O. Box 2336, West Covina, CA 91793-2336 (213)300-8683 FAX 213-559-8989. Meets 1 st Thursday of each month at 6:30 p.m. at Metropolitan Water district (MWD), 700 N. Alameda St., Los Angeles, Ca 90012. San Gabriel Valley Council of Governments Herrera Tye (Board of Directors membership — Delegate and alternate must be elected officials. Adoption of a resolution confirming the appointment is usually made at the next City Council meeting) Nicholas Conway, Exec. Dir., c/o Arroyo Assoc., 3452 E. Foothill Blvd. #910, Pasadena 91107-3142, 626- 564-9702, FAX 626-564-1116 Meets 3rd Thursday of each month at 6:00 p.m. at various locations. Executive Session 5:00 p.m. Southern California Assn. of Governments (SCAG) Chang Everett (Board of Directors membership — Delegate and alternate must be elected officials but there is no requirement that delegate be the Mayor) (Appointment to SCAG District 37 is not contingent on appointment as delegate or alternate by the City) Main Office, 818 W. 7th St., 12th Floor, Los Angeles, 90017, 213-236-1800, FAX 213-236-1825 General Assembly meets annually each March - location to be announced Tres Hermanos Conservation Authority Herrera Tye c/o City of Chino Hills, Michael Fleager, Executive Director Wildlife Corridor Conservation Authority (WCCA) Tanaka Chang (Board of Directors Membership — Council may appoint anyone) Joseph Edmiston, Executive Director, Contact: Judi Tamasi 5819 Ramirez Canyon Rd, Malibu, CA 90265 (310)589-3230 x 121. FAX (310)589-3237 Wildlife Corridor Conservation Authority Advisory Davis/Herrick Appointed by Council for 2 years. (Terms expire — Stephen Davis/Rick Rogers July 2010 — Terms expire in July of even numbered years). CITY COUNCIL STANDING COMMITTEES Economic Development (Meets quarterly) Neighborhood Improvement (Meets quarterly) Public Safety Committee (Mayor and Mayor Pro Tem Meets quarterly) Rev December 10, 2009 Chang Everett Tanaka Tye Herrera Tye CITY COUNCIL AD HOC COMMITTEES (Meet as Needed) City Council Goals/City Manager Evaluation Herrera Tye Industry East Development Advisory Committee Herrera Everett Legislative Chang Everett LLAD Council Sub -Committee Tanaka Everett Sphere of Influence/Annexation Herrera Everett CITY COUNCIL LIAISON Chamber of Commerce Everett Tanaka D.B. Community Foundation Chang Tanaka Library Everett Tanaka PUSD/City Tanaka Everett Senior Citizen Tanaka Herrera WVUSD/City Rev, December 10, 2009 Tye Chang RESOLUTION NO. 2009 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS A. RECITALS WHEREAS, the City of Diamond Bar has executed the San Gabriel Valley Council of Governments Joint Powers Agreement; and WHEREAS, the Joint Powers Agreement for the San Gabriel Valley Council of Governments requires each member city to appoint a Delegate Government Board Representative and an Alternate Governing Board Representative to represent the City in conducting the affairs of the San Gabriel Valley Council of Governments; and WHEREAS, Mayor Carol Herrera has been designated to serve as the "delegate" from the City to serve as the Governing Board Representative with the San Gabriel Valley Council of Governments; and WHEREAS, Council Member Ling -Ling Chang has been designated to serve as the "alternate" Governing Board Representative to the San Gabriel Valley Council of Governments. B. RESOLUTION. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Diamond Bar appoints Mayor Carol Herrera to serve as the City of Diamond Bar's delegate to the Governing Board of the San Gabriel Valley Council of Governments. SECTION 2. That the City Council of the City of Diamond Bar appoints Council Member Ling -Ling Chang to serve as the City of Diamond Bar's alternate delegate to the Governing Board of the San Gabriel Valley Council of Governments. SECTION 3. That the individuals designated in this resolution serve until replaced by resolution or until they become ineligible pursuant to the terms of the Joint Powers Agreement of the San Gabriel Valley Council of Governments. SECTION 4. That the City Clerk shall certify the adoption of this resolution. SECTION 5. That a certified copy of the resolution be circulated to the San Gabriel Valley Council of Governments. PASSED, APPROVED AND ADOPTED THIS DAY OF 2009. Carol Herrera, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye Cribbins, City Clerk City of Diamond Bar CITY COUNCIL APPOINTMENTS Effective: r s AGENCY DELEGATE/ 4,LTERNATE California Contract Cities Association --rl i .. 'TP, r4 A K.A (Board of Directors membership— CCCA bylaws specify that voting de egate and alternate needs to bc any City elected official) Sam Olivito, Exec. Dir., 8119 Somerset Blvd., Paramount, CA 90723, 562-633-553 , FAX 562-633-9 Meets 3rd Wednesday of each month at 6:30 p.m. (social hour), 7. 0 p.m., dinn Dr, various resta locations of host City. Reservations required. Foothill Transit Board Kms' LAA (Board of Directors membership— Delegate and alternate must be elected C fficials) Doran Barnes, Exec. Dir. 100 S. Vincent Ave., 2nd Floor W. Covina, 91790, 626-96 1143 Meets fourth Friday of each month at 8:00 a.m. at above address. Four -Corners Tprisportation Policy Group Ciro t Herre)_M , City OT M tq-e#-mea, Chairman - Meets as needed. Greater Los Angeles County Vector Control District (Appointment of Trustee— does not have to be an elected official. 12545 Florence Ave., Santa Fe Springs, 90670, 562-944-9656 (T Meets 2nd Thursday at address above at 7:00 p.m. Joint Powers Insurance Authority (Board of Directors membership— Delegate must be any elected may be elected official or staff member) Jon Shull, Executive Director, 8081 Moody St., La Palma, 90623, 55. irant V'vc -2274, FAX 626- 15- CHANG Audre Hamilton oointment is for 2year term expires 12/2 10) I appointed the Mayor. Al 343, FJAX 562-8 General Board Committee meets annually each July- location to be announced L.A. County Sanitation District No. 21 HLkki,9A C#Aa6 (Board of Directors Membership — Mayor is automatically delegate par Health & Sal ty Code Sec. 47 0.1. Alternate is required to be an elected official whose appointment is onfirmed by City Council actio ) Stephen R. Maguin Chief Engineer & Gen. Mgr., 1955 Workman Mil Rd., Whitierj90601-4998 Mailing: P.O. Box 4998, Whittier 90601-4998, 562-699-7411 x1 Meets 4th Wednesday of each month at 1:30 p.m. at District Office 1 Rev. December 1, 2009 l FAX DELEGATE/ALTERNATE L.A. County City Selection Committee IA YWAA TY6, (Board of Directors membership- Mayor and Mayor Pro Tem are auto 77aticallydesign 2ted as Delega a and Alternate, respectively) Sachi A. Hamai, Executive Officer, Board of Supervisors, Kenneth Hahn Hall of Administration, Roo 383, 500 W. Temple St., Los Angeles, 90012, 213-974-1401 I Meets: After the League of Calif. Cities- L.A. County Division Meeti�g- (Approx. 8:$0 p.m.) League of Calif. Cities- L.A. County Division C.KANG EYL_k&.1T' (Board of Directors membership- Delegate and alternate must be ele ted officials. M yor does not h veto be appointed) Ben Wong, Exec. Dir., P.O. Box 2336, West Covina, GA 91793-2336 (213)300-868 FAX 213-559-8989 Meets 1st Thursday of each month at 6:30 p.m. at Metropolitan Los Angeles, CA 90012 San Gabriel Valley Council of Governments (Board of Directors membership- Delegate and alternate must be e/6 confirming the appointment is usually made atthe next City Council Nicholas Conway, Exec. Dir., c/o Arroyo Assoc., 3452 E. Foothill Blvc 564-9702, FAX 626-564-1116 Meets 3rd Thursday of each month at 6:00 p.m. at various I District (MWD),1700 N. Alameda St., Al W kAA b _ Y�. ed ofcials. AaDtion of a #910, Pasaderja 91107-31421 Executive Session 5:00 p.m.1 Southern California Assn. of Governments (SCAG) COFI/4f-s bl6kC1 r (Board of Directors membership - Delegate and alternate must be elected offic is but there requirement that delegate be the Mayor) (Appointment to SCA 3 District 37 iss not continge appointment as delegate or alternate by the City) Main Office, 818 W. 7th St., 12th Floor, Los Angeles, 90017, 213,2 -1800, FAX 21; General Assembly meets annually each March- location to be anno inced Tres Hermanos Conservation Authority (meets as needed) AK9"A c/o City of Diamond Bar, James DeStefano, Executive Director Wildlife Corridor Conservation Authority (WCCA) -M(4AKA (Board of Directors Membership- Council may appoint anyone) Joseph Edmiston, Executive Director, Contact Judi Tamasi 5819 Ramirez Canyon Rd., Malibu, CA 90265310-589-3230 x 121. FAX 310-58 Wildlife Corridor Conservation Authority Advisory Appointed by Council for 2 years. (terms expire -Stephen Terms expire in July of even numbered years. 2 Rev. December 1, 2009 Davis/Roc Rogers - July', 236-1825 _yil UP46 7 Drs 010) 626 - no on CITY COUNCIL STANDING COMMITTEES � I`-��Rrll�"t Economic Development (Meets quarterly) 0-4Eif6p, T� Neighborhood Improvement (Meets quarterly) 0VA -74& Public Safety Committee (Mayor and Mayor Pro Tem- meets quarterly) HIFP,A,(AP� -Fw, CITY COUNCIL AD HOC COMMITTEES (Meet as Needed) City Council Goals/City Manager Evaluation T HER140 A Ty& Industry East Development Advisory Committee�� Legislative LLAD Council Sub -Committee _ " �IASCP+EVF,Ri _ Sphere of Influence/Annexation � CITY COUNCIL LIAISON Chamber of Commerce CV61U,7V -rMAgA D.B. Community Foundation CflAN6 T NAA 14A Library PUSD/City EVU0,1'(' Senior Citizen - rANA P,A WVUSD/City �-- TyF1 3 Rev. December 1, 2009 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA#/S U BJ ECT: V11;- (,pi7_QJC� DATE: t 0 2-4; 3,3 S cram PHONE: L / �. :tVC-,6—=.S 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. DI1�I01D BARIQ j VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT CITY CLERK lI yzt c �- L t gA4 -f1,v S DATE: 1V I S—/O ' 13 Z3 C (,uyae L u1 PHONE: I expect to address the Council on the subject agendalsubject item. Please have the Council Minutes reflect my name and address as written above. Tignafdrer This document is a public record subject to disclosure under the Public Records Act.