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HomeMy WebLinkAbout061918 - Agenda - Regular Meeting City Council Agenda Tuesday, June 19, 2018 Closed Session -5:30 PM Room CC-8 Regular Meeting 6:30 PM The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 RUTH M. LOW Mayor CAROL HERRERA Mayor Pro-Tem JIMMY LIN Council Member NANCY A. LYONS Council Member STEVE TYE Council Member City Manager Dan Fox • City Attorney David DeBerry • City Clerk Tommye Cribbins Copies of staff reports or other written documentatio n relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the American s with Disabilities Act of 1990. 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 II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled m eeting. Have online access? City Council Agendas are now available on the City of Diamond Bar’s web site at www.diamondbarca.gov Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast live on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council’s subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, t he complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3, Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days’ notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010 Computer access to agendas: www.diamondbarca.gov General information: (909) 839-7010 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 21810 Copley Dr., Diamond Bar, California, during normal business hours. THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON SPECTRUM CABLE CHANNEL 3 AND FRONTIER 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.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL AGENDA June 19, 2018 Next Resolution No. 2018-23 Next Ordinance No. 02(2018) CLOSED SESSION 5:30 p.m. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Closed Session Pursuant to Government Code Section 54956.9 Conference with Legal Counsel – Existing Litigation City of Diamond Bar v. City of Industry, et al., Los Angeles Superior Court Case No. BS173224 City of Diamond Bar v. City of Industry, et al., Los Angeles Superior Court Case No. BS171295 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Pastor Mark Hopper, Evangelical Free Church ROLL CALL: Lin, Lyons, Tye, Mayor Pro Tem Herrera, Mayor Low APPROVAL OF AGENDA: Mayor JUNE 19, 2018 PAGE 2 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: BUSINESS OF THE MONTH: 5.1 Presentation of City Tile to Mira Sairawan, owner of Jasmine Grill and Café, 21130 Golden Springs Drive. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each r egular 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 Cou ncil 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 COMMENTS: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park/Movies Under the Stars – June 20, 2018 - Mark Easterday (Country) – 6:30 p.m. – 8:00 p.m., Despicable Me3 - Immediately following the Concert - Sycamore Canyon Park, 22930 Golden Springs Drive. 5.2 Environmental Impact Report (EIR) Scoping Meeting – June 21, 2018 - 6:00 p.m., followed by the General Plan Advisory Committee Meeting – 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Planning Commission Meeting – June 26, 2018 – 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 Concerts in the Park/Movies Under the Stars – June 27, 2018 – The Answer (Classic Rock) – 6:30 p.m. – 8:00 p.m., Angry Birds - Immediately following the Concert, Sycamore Canyon Park, 22930 Golden Springs Drive. 5.5 Parks and Recreation Commission Meeting – June 28, 2018 – 7:00 p.m., Windmill Community Room, 21810 Copley Drive. JUNE 19, 2018 PAGE 3 5.6 City Council Meeting – July 3, 2018 – (Cancelled). 5.7 4th of July Blast – July 4, 2018 – 5:00 p.m. – 9:00 p.m., Diamond Bar High School, 21400 Pathfinder Road. 5.8 Independence Day Holiday – July 4, 2018 - City Offices will be closed in observance of the Independence Day Holiday. Offices will reopen on Thursday, July 5, 2018 at 7:30 a.m. 5.9 Planning Commission Meeting – July 10, 2018 – 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.10 Concerts in the Park/Movies Under the Stars – The Darden Sisters (Americana) July 11, 2018 – 6:30 p.m. – 8:00 p.m., Zootopia - Immediately following the Concert - Sycamore Canyon Park, 22930 Golden Springs Drive. 5.11 Traffic and Transportation Commission Meeting – July 12, 2018 – 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.12 City Council Meeting – July 17, 2018 – 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: All items listed on the Consent Calendar are considered by the City Council to be routine and will be acted on by a single motion unless a Council Member or member of the public request otherwise, in which case, the item will be removed for separate consideration. 6.1 APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 5, 2018. 6.1.a Regular Meeting of June 5, 2018. Recommended Action: Approve. Requested by: City Clerk 6.2 RATIFICATION OF CHECK REGISTER DATED MAY 31, 2018 THROUGH JUNE 13, 2018 TOTALING $1,191,129.77. Recommended Action: Ratify. Requested by: Finance Department JUNE 19, 2018 PAGE 4 6.3 SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH DIANA CHO AND ASSOCIATES (DCA) TO PROVIDE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LABOR AND CONTRACT COMPLIANCE SERVICES THROUGH JUNE 30, 2019. Recommended Action: Approve, and authorize the Mayor to sign, the Second Amendment to Consulting Services Agreement with Diana Cho and Associates granting the second of four optional one-year extensions to June 30, 2019. Requested by: Community Development Department 6.4 SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC. (DEA) TO PROVIDE LANDSCAPE PLAN CHECKING SERVICES THROUGH JUNE 30, 2019. Recommended Action: Approve, and authorize the Mayor to sign, the Second Amendment to Consultant Services Agreement with DEA granting the first of two optional one-year extensions to June 30, 2019. Requested by: Community Development Department 6.5 FOURTH AMENDMENT TO THE TENNIS INSTRUCTION SERVICE AGREEMENT WITH TENNIS ANYONE TO PROVIDE TENNIS INSTRUCTION CLASSES THROUGH JUNE 30, 2019. Recommended Action: Approve, and authorize the Mayor to sign, the Fourth Amendment to the Tennis Instruction Service Agreement granting the fourth of five optional one-year extensions to June 30, 2019. Requested by: Parks & Recreation Department 6.6 FIRST AMENDMENT TO AGREEMENT WITH VET-SEC PROTECTION AGENCY TO EXTEND THE CONTRACT PERIOD TO JULY 1, 2018 THROUGH SEPTEMBER 30, 2018. Recommended Action: Approve, and authorize the Mayor to sign, the First Amendment to the Agreement for Security Services, granting a three- month extension through September 30, 2018. Requested by: Parks & Recreation Department 6.7 FIRST AMENDMENT TO THE CONTRACTOR SERVICES AGREEMENT WITH AMERICAN CAB CO. LLC, DBA YELLOW CAB, TO PROVIDE SENIOR TRANSPORTATION SERVICES THROUGH JUNE 30, 2019. Recommended Action: Approve, and authorize the Mayor to sign, the First Amendment to the Contractor Services Agreement with American Cab Co. JUNE 19, 2018 PAGE 5 LLC, DBA Yellow Cab, granting the first of two optional one-year extensions to June 30, 2019. Requested by: City Manager 6.8 THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH SIMPSON ADVERTISING, INC. FOR GRAPHIC DESIGN SERVICES THROUGH JUNE 30, 2019. Recommended Action: Approve, and authorize Mayor to sign, the Third Amendment to Consultant Services Agreement with Simpson Advertising, Inc. granting the second of three optional one-year extensions through June 30, 2019. Requested by: City Manager 6.9 NEWSLETTER AND RECREATION GUIDE PRINTING EXPENDITURES WITH BOSS LITHO FOR FY 2018-2019. Recommended Action: Approve, and authorize the City Manager to issue, a purchase order for newsletter and recreation guide printing and mailing services in the amount of $53,949, plus an additional ten percent contingency of $5,394.90, for a total not-to-exceed amount of $59,343.90 to BOSS Litho for FY 2018-2019. Requested by: City Manager 6.10 FIRST AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH B & T CATTLE TO PROVIDE BRUSH CONTROL IN LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT # 41 THROUGH JUNE 30, 2019. Recommended Action: Approve, and authorize the Mayor to sign, the First Amendment to the Maintenance Services Agreement with B & T Cattle granting an optional one-year extension through June 30, 2019. Requested by: Public Works Department 6.11 FIRST AMENDMENT TO CROSSING GUARD AGREEMENT WITH AMERICAN GUARD SERVICES, INC. TO INCREASE THE SCOPE OF SERVICE. Recommended Action: Approve, and authorize the Mayor to sign, the First Amendment to the Crossing Guard Agreement with American Guard Services, Inc. to add two (2) additional crossing guards to the approved scope of work, thereby increasing the compensation amount for the balance of the Agreement. Requested by: Public Works Department JUNE 19, 2018 PAGE 6 6.12 THIRD AMENDMENT TO MAINTENANCE SERVICES AGREEMENT WITH GUARANTEED JANITORIAL SERVICE, INC. TO PROVIDE JANITORIAL MAINTENANCE SERVICES AT CITY FACILITIES THROUGH JUNE 30, 2019. Recommended Action: Approve, and authorize the Mayor to sign, the Third Amendment to the Maintenance Services Agreement with Guaranteed Janitorial Service, Inc. granting the second of two optional one-year extensions through June 30, 2019, including a Consum er Price Index (CPI) increase of 2.4% for FY 2018-2019. Requested by: Public Works Department 6.13 FOURTH AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH FEHR & PEERS FOR ON-CALL ENGINEERING SERVICES THROUGH JUNE 30, 2019. Recommended Action: Approve, and authorize the Mayor to sign, the Fourth Amendment to the Consultant Services Agreement with Fehr & Peers for on-call engineering services in FY 2018-2019. Requested by: Public Works Department 6.14 STREET MAINTENANCE AND VEGETATION CONTROL SERVICES AGREEMENT WITH MCE CORPORATION THROUGH JUNE 30, 2021. Recommended Action: Approve, and authorize the Mayor to sign, the Street Maintenance and Vegetation Control Services Agreement with MCE Corporation for an initial three year term in an annual amount not-to- exceed $160,952.94. Requested by: Public Works Department 6.15 MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. TO PROVIDE TREE CARE AND MAINTENANCE SERVICES THROUGH JUNE 30, 2021. Recommended Action: Adopt Resolution No. 2018-XX approving and authorizing the Mayor to execute a multi-year Maintenance Services Agreement with West Coast Arborists, Inc. for Tree Care and Maintenance Services in the annual not-to-exceed amount of $350,813. Requested by: Public Works Department 6.16 CONSULTING SERVICES AGREEMENT WITH JOHN L. HUNTER & ASSOCIATES, INC. FOR MUNICIPAL NATIONAL POLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROFESSIONAL SERVICES THROUGH JUNE 30, 2021. Recommended Action: Approve, and authorize the Mayor to sign, the Consulting Services Agreement with John L. Hunter and Associates, Inc. JUNE 19, 2018 PAGE 7 (JLH) for a three year term, with an option to extend for an additional two years, in an annual not-to-exceed amount of $71,460. Requested by: Public Works Department 6.17 APPROVAL OF THE DESIGN AND PLANS, AND AWARD OF CONSTRUCTION AGREEMENT TO ARAMEXX GROUP, INC. FOR THE CITY ENTRY MONUMENT SIGNS PROJECT AT DIAMOND BAR BLVD./ TEMPLE AVE. & GOLDEN SPRINGS DRIVE/ CALBOURNE DRIVE. Recommended Action: A. Adopt Resolution No. 2018-XX approving the design and plans, and establishing a project payment account, for the City Entry Monument Signs Project at Diamond Bar Blvd. / Temple Ave. & Golden Springs Drive/ Calbourne Drive; B. Approve, and authorize the Mayor to sign, a Construction Agreement with Aramexx Group, Inc. in the amount of $492,265 approving Base Bid Schedules "A" and "B", Alternate Bid Schedules "A3" and "B3"; and Alternate Bid Items (A-1.9, A-1.10, A-1.11, B-1.9, B-1.10, B-1.11), plus a contingency amount of $49,226.50, for Contract Change Orders to be approved by the City Manager, for a total authorization amount of $541,491.50; and C. Reject Alternate Bid Schedules “A2” and “B2”, and Alternate Bid Items (A-1.1 through A-1.8) and (B-1.1 through B-1.8) in the amount of $145,540. Requested by: Public Works Department 7. PUBLIC HEARINGS: 7.1 RESOLUTIONS LEVYING ASSESSMENTS ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTS (LLAD) NO. 38, 39 & 41. Recommended Action: Receive staff report, open the Public Hearing, receive testimony, close the Public Hearing, discuss and adopt Resolution Nos. 2018-XX (LLAD No. 38), 2018-XX (LLAD No. 39), and 2018-XX (LLAD No. 41). Requested by: Public Works Department 8. COUNCIL CONSIDERATION: JUNE 19, 2018 PAGE 8 8.1 RESOLUTIONS CALLING AND GIVING NOTICE OF GENERAL MUNICIPAL ELECTIONS AND SUBMISSION OF A QUESTION RELATED TO TRANSIENT OCCUPANCY TAX, CONSOLIDATING THE GENERAL MUNICIPAL ELECTIONS WITH THE STATEWIDE GENERAL ELECTIONS ON NOVEMBER 6, 2018, SETTING DEADLINES AND PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING THE CITY INITIATED TRANSIENT OCCUPANCY TAX MEASURE, AND ADOPTING REGULATIONS RELATED TO CANDIDATE STATEMENTS. Recommended Action: A. Adopt Resolution No. 2018-XX calling and giving notice of the General municipal elections to be held on November 6, 2018 for the election of certain Municipal Officers and for the submission to the voters of a question related to Transient Occupancy Tax; B. Adopt Resolution No. 2018-XX requesting the Los Angeles County Board of Supervisors to consolidate the General municipal elections with the Statewide General elections; C. Adopt Resolution No. 2018-XX setting deadlines and priorities for filing written arguments regarding the City initiated Transient Occupancy Tax Measure; and D. Adopt Resolution No. 2018-XX adopting regulations for candidates for elective office related to candidate statements. Requested by: City Manager 8.2 ORDINANCE XX (2018) REVISING THE CITY'S PURCHASING SYSTEM AND ELECTING TO BECOME SUBJECT TO THE CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNT PROCEDURES BY AMENDING DIAMOND BAR MUNICIPAL CODE CHAPTER 3.24 RELATED TO PURCHASING AND ADDING A NEW CHAPTER 3.25 RELATED TO PUBLIC PROJECTS. Recommended Action: A. Introduce for first reading by title only, waive full reading of Ordinance No. XX (2018), receive public testimony, and schedule the second reading and adoption at the next regularly scheduled City Council meeting; and B. Adopt Resolution No. 2018-XX electing for the City of Diamond Bar to become subject to the California Uniform Public Construction Cost Accounting Procedures (Public Contract Code Section 22000 et seq.). Requested by: Finance Department 9. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda #: 6.1 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 5, 2018. RECOMMENDATION: Approve. PREPARED BY: Attachments: 1. 6.1.a Regular Meeting of June 5, 2018. 6.1 Packet Pg. 11 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 5, 2018 CLOSED SESSION: 5:30 P.M., Room CC-8 Public Comments on Closed Session Items: None ► Closed Session Pursuant to Government Code Section 54956.9 Conference with Legal Counsel – Existing Litigation City of Diamond Bar v. City of Industry, et al., Los Angeles Superior Court Case No. BS173224 City of Diamond Bar v. City of Industry, et al., Los Angeles Superior Court Case Number BS171295 CALL TO ORDER: Mayor Low called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. CM/Fox stated that no reportable action was taken during tonight’s Closed Session. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Herrera led the Pledge of Allegiance. INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church provided the Invocation. ROLL CALL: Council Members Lin, Lyons, Tye, Mayor Pro Tem Herrera and Mayor Low Staff Present: Dan Fox, City Manager; David DeBerry, City Attorney; Ryan McLean, Assistant City Manager; Ken Desforges, IT Manager; Kimberly Young, Senior Civil Engineer; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Anthony Santos, Assistant to the City Manager; Amy Haug, Human Resources/Risk Management; Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator; Dannette Allen, Management Analyst, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. 6.1.a Packet Pg. 12 JUNE 5, 2018 PAGE 2 CITY COUNCIL 3. PUBLIC COMMENTS: Robin Smith provided written comments and spoke about environmental integrity on behalf of the Diamond Bar Sierra Club regarding the Crooked Creek development project and Larkstone Park landscaping. Dave Reynolds spoke about crime prevention and the importance of filing police reports. Pui Ching Ho spoke about the County’s new website lacount ylibrary.org with the new tag line “Curiosity Welcomed” as well as, the events planned for the month of June. More information about programs and events at the Library can be found on the new website at www.lacountylibrary.org Marissa Castro-Salvati, Government Relations Manager, Southern California Edison, shared project information regarding replacement of 600 steel street light poles in the City of Diamond Bar. 4. RESPONSE TO PUBLIC COMMENTS: CM/Fox responding to Ms. Smith stated that her comments are regarding a development application that is with the Community Development Department and is not before the Council for consideration or discussion. Her comments will be placed in the file and be taken into consideration as that project moves forward through the Planning Commission and possibly the City Council. Community Development, Public Works and Lennar will look into the landscaping concerns at the newly opened Larkstone Park. CM/Fox said he appreciated Mr. Reynold’s comments regarding encouraging residents to file reports and will pass those comments to Deputy Scheller to include into the “Let’s Talk Public Safety” program. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting – June 12, 2018 – 7:00 p.m., Windmill Community Room, 21810 Copley Drive (Canceled). 5.2 Concerts in the Park – June 13, 2018 – 6:30 p.m. to 8:00 p.m. – Upstream (Caribbean & Reggae) - Sycamore Canyon Park, 22930 Golden Springs Drive. 5.3 Movies Under the Stars – Gnomeo & Juliet – June 13, 2018 – Immediately following the Concert – Sycamore Canyon Park, 22930 Golden Springs Drive. 5.4 Traffic and Transportation Commission Meeting – June 14, 2018 – 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 6.1.a Packet Pg. 13 JUNE 5, 2018 PAGE 3 CITY COUNCIL 5.5 City Council Meeting – June 19, 2018 – 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.6 General Plan Advisory Committee Meeting – Thursday, June 21, 2018 - 7:00 p.m., City Hall Windmill Room, 21810 Copley Drive. 6. CONSENT CALENDAR: MPT/Herrera moved, C/Tye seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera, M/Low NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1a Study Session Minutes of May 15, 2018 – as presented 6.1b Regular Meeting Minutes of May 15, 2018 – as presented. 6.2 RECEIVED AND FILED PLANNING COMMISSION MEETING MINUTES: 6.2a Regular Meeting Minutes of April 24, 2018. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MEETING MINUTES: 6.3a Regular Meeting Minutes of April 26, 2018. 6.4 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMISSION MEETING MINUTES: 6.4a Regular Meeting Minutes of April 12 6.5 RATIFIED CHECK REGISTER DATED MAY 10, 2018 THROUGH MAY 30, 2018 TOTALING $2,873,163.61. 6.6 APPROVED TREASURER’S STATEMENT FOR APRIL 2018. 6.7 CANCELLATION OF THE JULY 3, 2018 CITY COUNCIL MEETING. 6.8 AUTHORIZED THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO CDWG FOR THE PURCHASE OF SEVENTEEN (17) HEWLETT PACKARD COMPUTERS IN THE AMOUNT OF $33,677.26. 6.1.a Packet Pg. 14 JUNE 5, 2018 PAGE 4 CITY COUNCIL 6.9 APPROVED AND AUTHORIZED THE MAYOR TO SIGN THE FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH PRINCE GLOBAL SOLUTIONS, LLC EXTENDING THE TERMS OF THE SERVICE AGREEMENT FOR TWO YEARS THROUGH JUNE 20, 2010. 6.10 AGREEMENT TO REPLACE TWO CITY HALL HVAC UNITS. A. ADOPTED RESOLUTION NO. 2018-18 APPROVING CITY HALL HVAC REPLACEMENT PROJECT #25818 WITH TRANE U.S. INC., DBA TRANE; AND, B. APPROVED AND AUTHORIZED THE MAYOR TO SIGN THE AGREEMENT WITH TRANE U.S. INC., DBA TRANE FOR THE PURCHASE, INSTALLATION AND STARTUP OF TWO (2) TRANE 90-TON INTELLIPAK REPLACEMENT UNITS FOR CITY HALL IN THE AMOUNT OF $380,533, PLUS A CONTINGENCY AMOUNT OF $15,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $395,533. 7. PULIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 ADOPTION OF THE PROPOSED FY 2018-2019 CITY OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM, INCLUDING ESTABLISHMENT OF THE APPROPRIATIONS LIMIT, EMPLOYEE COMPENSATION PLAN, AND INVESTMENT POLICY; AND, ESTABLISHMENT OF A NEW FUND 131, STREET BEAUTIFICATION FUND IN FY 2017-18. FD/Honeywell presented the staff report and a power point presentation. The budget was prepared with the City Council’s priorities and strategic goals in mind. Staff conducted two Study Sessions for the Council and public to review the proposed Fiscal Year 2018 -19 budget. This year’s total budget is $43.5 million which consists of about $29.4 million in the General Fund; $10.2 million in the Capital Improvement Program and $3.9 million of Other Funds for a total of $43.5 million. The City’s largest fund is the General Fund which pays for such items as Parks Maintenance, Public Safety as well as, many other operating expenditures within the City. The recommended 2018-19 Operating Budget continues to be conservative in revenue and expenditure growth while maintaining the City’s current service levels. The estimated General Fund Revenue is $29.5 million which includes the use of reserves in the 6.1.a Packet Pg. 15 JUNE 5, 2018 PAGE 5 CITY COUNCIL amount of $3.8 million. The estimated appropriations for the General Fund is $29.4 million with an estimated surplus of $84,000. The law enforcement Contract Rate budget is increasing about 2.5 percent which is $149,000 per year whereas the Liability Trust Fund rate is 10.5 percent, about $614,000. It is also proposed that the City use up to an additional $100,000 from the Law Enforcement Reserve Fund for special assignments and suppression patrols as needed throughout the community. The total Fiscal Year 2018-19 share budget is $6.6 million. Also included in the budget is $150,000 for the engineer ing division’s study for Safe Routes to School as well as, inclusion of two additional crossing guards which were requested at Walnut and Maple Hill Elementary Schools, increasing the budget by $24,000, for a total budget of $174,000 for 2018-19. In past years, Economic expenditures have been paid for out of the City’s General Fund Reserves. Going forward, the ongoing expenditures will be taken from regular operating expenditures. In this division, $25,000 has been included for the very popular Restaurant Week. Earlier this year the Council approved the recruitment of a new Parks and Recreation Director. Recruitment has commenced and the plan is to have the director on board shortly after the new fiscal year commences. The salary for this position will be split 50/50 between the Diamond Bar Center operations and the Recreation Division. The City plans to add 150 more American Flags at a cost of $40,000 for a total of 250 flags to be flown along Grand Avenue and $50,000 for holiday decorations. As previously mentioned, about $3.8 million in reserves will be used for CIP $2.2 million and the balance for items such as subsidizing the LLAD’s, special legal counsel, the new finance system, a new land management system (RFP development) and professional services related to the ballot measure. As in previous years General Fund Reserves have subsidized the Lighting and Landscape Districts. With rising costs and a fixed amount of property tax assessment available to pay these rising costs, the City continues to see the General Fund Subsidy grow to about $491,000 for the upcoming Fiscal Year. During the current fiscal year the City will spend about $441,000. The Capital Improvement Program is about a $10.2 million program. Key projects in the program for Fiscal Year 2018 -19 include Park Design for Sunset Crossing and Heritage Park, Area 6 Street Rehab , Diamond Bar Boulevard Rehab and the Adaptive Traffic Control System. 6.1.a Packet Pg. 16 JUNE 5, 2018 PAGE 6 CITY COUNCIL Each year the City is required to compute an annual appropriation limit (The Gann Limit) and this year’s limit is $46,248,905 with the City’s proposed appropriations subject to this limit totaling about $35.9 million or $10.3 million below the City’s limit. Each year the City Council adopts the Compensation and Benefit Plan for the upcoming fiscal year. When looking at the CPI (March to March) the rate was established at 3.88 percent and although the CPI was 3.88 percent, the proposed budget includes a 2.5 percent Cost of Living adjustment. Also include d is a $50 benefit allotment increase and the request for a Flexible Staffing Program. Also included is the 2018-19 FY Investment Policy which states the goals of the City’s investment activities puts forth the type of investments in which the City is allowed to invest as well as, reporting requirements. The City Council adopted a Revised Investment Policy in January 2018 and as such, significant changes were made at that point to bring the policy in line with the California Municipal Treasurer’s Association format. In addition, staff would like for the City Council to establish a new Fund 131, the Street Beautification Fund for FY 2017-18 to accommodate development payments that need to be recorded so that these payments can be used to complete the Diamond Bar Boulevard Complete Streets project. MPT/Herrera asked staff to elaborate on the proposed Flexible Staff Program. HRM/Haug responded that the development and implementation of a Flexible Staffing Program would allow the City Manager to efficiently and effectively staff the organization whereby individuals could be hired at an entry-level position and then promote them to a higher-level position based on their qualifications for the position. This would apply only to positions that have job-series and with the ability to promote individuals it will save time, be much more cost effective and provide an incentive for the City to recruit and retain highly-qualified individuals. C/Lin said it is his understanding that there are federal and state grant funding available for the Safe Routes to School program and asked if the $150,000 budget item referred to “matching funds” from the City. SCE/Young responded that the $150,000 is included in the budget as a projected amount to do a comprehensive study that will review all school locations within the City and develop any sort of improvements both on City property and in conjunction with the school districts, the school properties and circulation within those properties. Staff plans to pursue grant funding for this study. The $150,000 in the budget is City funds and in coordination with the City funds, staff will pursue grant funding to the greatest extent to supplement the costs of the study. C/Lin asked if the $150,000 would be a dedi cated expenditure from the 6.1.a Packet Pg. 17 JUNE 5, 2018 PAGE 7 CITY COUNCIL City. SCE/Young said that was true unless the City was successful in receiving grant funding which would offset that $150,000. C/Lyons said she believed that Council Members were becoming concerned about the subsidy amount for the Lighting and Landscape Districts and she asked CM/Fox to comment on the City’s plans to reduce or eliminate that subsidy. CM/Fox said that the Council has provided direction for staff to look at options for District No. 41 and possibly restructure that district or return the property back to the homeowners’ associations and staff will be working through that process which is currently underway. C/Lyons asked FD/Honeywell to comment on how the General Fund Reserves have looked over the past couple of years and how they will look in the future. FD/Honeywell responded that for General Fund Reserves, staff is anticipating ending the current Fiscal Year at $21.1 million and if the City does everything that is set forth in the budget with all projects completed with the use of the General Fund Reserves for those projects, the City would end the year at about $17.4 million. Compared to other cities Diamond Bar’s percentage is about 75 percent of the General Fund Operating Expenditures which is a very healthy level of reserves. With that said, the City needs to be ever mindful and careful about what it spends those funds for which need to be one-time projects and not for ongoing operating costs such as Lighting and Landscape District expenditures. M/Low said she noticed this budget is a modest increase from the current year and wanted to know what staff projects for the next three f iscal years with respect to revenues and expenses and whether the City is on a sustainable path forward. FD/Honeywell said that the City tends to be conservative in its revenue forecasts because there is not a lot of incoming new revenue. The City needs to remain vigil about how it spends its money because expenditures are starting to outpace revenues and Diamond Bar needs to make a conscious effort to look at containing costs and what can be done to raise more revenue which means that the City needs to diversify the sales tax base, encourage new businesses to move into the community and, the country is overdue for a recession so there are a lot of things to keep track of and keep an eye on moving forward. Revenues are beginning to level out which can be seen in this budget and the City needs to keep a watchful eye on that fact moving forward. 6.1.a Packet Pg. 18 JUNE 5, 2018 PAGE 8 CITY COUNCIL M/Low thanked FD/Honeywell for that prognosis that as the City prepares its budget staff and the Council keep that in the forefront. She believes the budget is very modest but effective in maintaining assets and levels of service. She appreciates the presentation and its format with the various divisions, charts and percentages. FD/Honeywell publicly thanked MA/Allen who worked closely with her on the budget and credited her for all of the design work involved in the presentation. MPT/Herrera moved, C/Lyons seconded, to adopt and approve Budget Items A through E. Motion approved by the following Roll Call vote: AYES: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera, M/Low NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 ESTABLISHMENT OF SPECIAL EVENTS COMMITTEE AND APPOINTMENT OF MEMBERS. CM/Fox stated that this item was a follow up to the May 15 th Study Session regarding the budget wherein Council requested that a Special Events Subcommittee of the City Council, be formed consisting of two Council Members to work with staff in looking at future public community events. M/Low has selected MPT/Herrera and C/Lyons to serve as members of the Special Events Committee and staff is seeking Council’s ratification thereof. M/Low said she spoke with C/Lyons and MPT/Herrera who graciously agreed to participate. M/Low moved, C/Tye seconded, to establish a Special Events Committ ee and appoint C/Lyons and MPT/Herrera to serve as members of said committee. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera, M/Low NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.3 APPOINTMENT TO THE GENERAL PLAN ADVISORY COMMITTEE. C/Tye announced his appointment of Michael Ramirez to the General Plan Advisory Committee to replace Joyce Young who recently resigned due to 6.1.a Packet Pg. 19 JUNE 5, 2018 PAGE 9 CITY COUNCIL responsibilities at work and her young family. C/Tye moved, C/Lin seconded to ratify the appointment of Michael Ramirez to the General Plan Advisory Committee. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera, M/Low NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None C/Tye introduced Michael Ramirez. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye reiterated Dave Reynold’s comments about how important it is for residents to report any and all crimes because things get noticed when law enforcement becomes aware. So, if you see something, say something and for those who are victims of crime please take the time to make an incident report with the Sheriff’s Department. He hopes everyone has or will vote. Two weeks ago he represented Diamond Bar at the 25th Anniversary of the Pacific Crest Arts Youth Organization. This group of participants who are selected to join the organization travels around the country to perform. In 2019 they will represent Diamond Bar in the Rose Parade. A week from tomorrow, Wednesday, June 13th is the beginning of the annual Concerts in the Park series followed by Movies under the Stars. It is despicable that people take advantage of seniors living in mobile home parks. He presented a document that contained falsehoods including “The City is considering an area that includes the likely demolition of existing mobile home parks in the area” – it raises concerns about Washington open to Baker. In fact, it was the City of Diamond Bar that placed a permanent berm in that area so that trucks would never flow through, another out-and-out lie. CDD/Gubman wrote a letter to the folks in the Diamond Bar Mobile Estates and the Walnut Creek Estates residents and in bold print it says “I’m writing to assure you that such rumors are entirely false.” C/Tye said that if the City does not nip this kind of stuff in the bud it takes on a life of its own and he believes the majority of folks that live in the mobile home parks are elderly and this is nothing but a scare-tactic and, the people responsible for these kinds of lies should be ashamed of themselves. MPT/Herrera thanked staff for their tremendous efforts in bringing forth the 2018 - 19 budget that included two study sessions with the City Council to make sure members understood every aspect of the budget. She thanked M/Low for appointing both C/Lyons and her to the new committee and looks forward to working with staff. M/Low asked about the prospects for t he coming years. The revenues that Diamond Bar has experienced in the past years are declining and the City needs to be especially careful about how and where it spends its money so that the City remains solvent without placing extra taxes on residents. She 6.1.a Packet Pg. 20 JUNE 5, 2018 PAGE 10 CITY COUNCIL and C/Lyons have good work to do and she looks forward to doing so. C/Lin thanked staff for their effort in putting together the budget which was a long process. One of the biggest variables in the budget is the Sheriff’s Liability Trust Fund and hoped that contract cities could get together to see if the budget number could be reduced. Traffic is better because school is out. He participated in a seminar over the weekend and learned that on average, about 338,000 are killed each year on the nation’s highways. Drive carefully. He and C/Lyons attended the Diamond Bar Chinese-American Association’s annual dinner and saw the installation of a new president. This is one of the largest civic organizations in the area. They have a Chinese school with 280 students. C/Lyons echoed her colleagues in thanking FD/Honeywell and MA/Allen for an excellent budget presentation. As C/Lin said, Council and staff have been going through this process for two months with study sessions and individual sessions with Council, etc. Council Members have asked lots of questions and staff has answered all of them and the adoption process went very smoothly tonight because of the process. Council appreciates staff’s work. The Chinese - American Gala’s new president is Ann Sabaria and thanks are extended to outgoing President Annie Chen who worked very hard with the volunteers and the school and did an outstanding job for the community. Congratulations to the Diamond Ranch High School boys’ volleyball team. They won thei r final match and were proclaimed the CIF Champions for 2017-18 year. While school is out she believes the Council should find a way to recognize them for their accomplishments. Congratulations to them. She will see everyone at the Concerts in the Park and Movies under the Stars on June 13th. M/Low said she was very distressed by C/Tye’s announcement about the false information being sent out to residents and she would like staff to look into the matter as bordering criminal intent and perpetrating frau d on. It is despicable and encouraged anyone who receives something in the mail that is disturbing to them please contact the City for clarification. Last Saturday the City opened Larkstone Park. She showed photos of the park and views from the site. T he park is nestled into the hillside with spectacular views to the front of the park and rising hills with oak trees and plantings at the back of the park. There are two levels to the park and the plantings include drought-tolerant plants – beautiful cacti and herbs, etc. which are very invigorating to the senses. The amenities in the park are beautiful and include a large play area with large play structures, benches, picnic tables, etc. This park did not cost the City one dime. This park was funded 100 percent with developer funds and the City is very appreciative of the developer’s efforts as well as, to the good stewardship of City staff who made this beautiful park happen at such a reasonable price to the City. She offered congratulations to the graduates and wished them the best in their achievements and future endeavors. She reminded everyone that Father’s Day is June 17 th and she wished a Happy Father’s Day to all fathers who are valued and appreciated. On a personal note, she wished her father and her husband a Happy Father’s Day. 6.1.a Packet Pg. 21 JUNE 5, 2018 PAGE 11 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Low adjourned the Regular City Council Meeting at 7:36 p.m. to July 17, 2018. _____________________________________ TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of , 2018. RUTH LOW , MAYOR 6.1.a Packet Pg. 22 Agenda #: 6.2 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RATIFICATION OF CHECK REGISTER DATED MAY 31, 2018 THROUGH JUNE 13, 2018 TOTALING $1,191,129.77. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $1,191,129.77. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council Meeting. DISCUSSION: The attached check register containing checks dated May 31, 2018 through June 13, 2018 for $1,191,129.77 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departm ental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: 6.2 Packet Pg. 23 REVIEWED BY: Attachments: 1. 6.2.a Check Register Affidavit 6-19-18 2. 6.2.b Check Register 6-19-18 6.2 Packet Pg. 24 6.2.a Packet Pg. 25 SUNGARD PENTAMATION INC PAGE NUMBER: 1DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 125424 06/06/18 AARP AARP 0015350 45300 AARP MATURE DRIVING 0.00 180.0010100 125425 06/06/18 AARROWHE AARROWHEAD SECURITY 0015333 45010 SECURITY GUARDS-DBC 0.00 995.6410100 125426 06/06/18 ABCPUBLI ABC PUBLIC RELATION 0014095 42115 AD-CONCERTS IN PARK 0.00 760.0010100 125426 06/06/18 ABCPUBLI ABC PUBLIC RELATION 0014095 42115 AD-CONNECT W/REC 0.00 1,330.00TOTAL CHECK 0.00 2,090.0010100 125427 06/06/18 ALFAROSA SANDRA ALFARO 001 23002 FACILITY REFUND-S/C 0.00 100.0010100 125428 06/06/18 ALPIKENN KENNEDY ALPI 001 23002 FACILITY REFUND-HRT 0.00 100.0010100 125429 06/06/18 AGSINC AMERICAN GUARD SERV 0014411 45410 CROSSING GUARD SVCS 0.00 13,194.7210100 125430 06/06/18 ANANDTIN TINA ANAND 001 36615 FACILITY REFUND-DBC 0.00 200.0010100 125430 06/06/18 ANANDTIN TINA ANAND 001 23002 FACILITY REFUND-DBC 0.00 750.00TOTAL CHECK 0.00 950.0010100 125431 06/06/18 AGIACADE ANCOM GROUP INC 0015350 45320 CONTRACT CLASS-SPRI 0.00 586.8010100 125432 06/06/18 BARAJASV VERONICA BARAJAS 001 23002 FACILITY REFUND-DBC 0.00 350.0010100 125433 06/06/18 EVERGREE ROBYN A BECKWITH 0014093 42210 PLANT MAINT-CITY HA 0.00 325.0010100 125433 06/06/18 EVERGREE ROBYN A BECKWITH 0014093 42210 PLANT MAINT-LIBRARY 0.00 107.0010100 125433 06/06/18 EVERGREE ROBYN A BECKWITH 0014093 42210 REPLANT-C/HALL LOBB 0.00 43.80TOTAL CHECK 0.00 475.8010100 125434 06/06/18 BEEREMOV BEE REMOVERS 0015556 42210 BEE REMOVAL-PARK 0.00 115.0010100 125435 06/06/18 BESTLTG BEST LIGHTING PRODU 0014093 42210 MONTHLY MAINT-C/HAL 0.00 217.5210100 125435 06/06/18 BESTLTG BEST LIGHTING PRODU 0015333 42210 MONTHLY MAINT-DBC 0.00 255.3310100 125435 06/06/18 BESTLTG BEST LIGHTING PRODU 0015556 45300 MONTHLY MAINT-PARKS 0.00 1,342.96TOTAL CHECK 0.00 1,815.8110100 125436 06/06/18 BISHOPJO JOHN E BISHOP 0015350 45320 CONTRACT CLASS-SPRI 0.00 154.8010100 125437 06/06/18 BREAUXKA KATHY BREAUX 0015350 45320 CONTRACT CLASS-SPRI 0.00 79.2010100 125438 06/06/18 VALLEYCR BRIGHTVIEW LANDSCAP 0015556 42210 ADDL MAINT-REAGAN P 0.00 483.4610100 125438 06/06/18 VALLEYCR BRIGHTVIEW LANDSCAP 0015333 45300 LANDSCAPE MAINT-DBC 0.00 5,645.4710100 125438 06/06/18 VALLEYCR BRIGHTVIEW LANDSCAP 0015556 45300 LANDSCAPE MAINT-PAR 0.00 29,261.53TOTAL CHECK 0.00 35,390.4610100 125440 06/06/18 CARDINAS HOLLY CARDINAS 001 34780 RECREATION REFUND 0.00 139.0010100 125441 06/06/18 CASTADAM ADAM CASTRO 001 23002 FACILITY REFUND-REA 0.00 100.0010100 125442 06/06/18 CHEMPROL CHEM PRO LABORATORY 0014093 42210 WATER TREATMENT SVC 0.00 155.0010100 125442 06/06/18 CHEMPROL CHEM PRO LABORATORY 0015333 42210 QTRLY WATER TREATME 0.00 155.00TOTAL CHECK 0.00 310.0010100 125443 06/06/18 CHIUTERE TERESA CHIU 001 34780 RECREATION REFUND 0.00 103.006.2.bPacket Pg. 26 SUNGARD PENTAMATION INC PAGE NUMBER: 2DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 125444 06/06/18 CHOUAND ANDREW B CHOU 0015350 44100 P & R COMM-MAY 25TH 0.00 45.0010100 125445 06/06/18 CIVICPUB CIVIC PUBLICATIONS 0014096 44000 WEB DESIGN SVCS 0.00 2,716.5010100 125446 06/06/18 CLARYCOR CLARY CORPORATION 0015554 45507 TRAFFIC SIGNAL BTTR 0.00 269.0410100 125447 06/06/18 DAVIDEVA DAVID EVANS AND ASS 001 23012 ADMIN FEE-PL 2018-3 0.00 198.0910100 125447 06/06/18 DAVIDEVA DAVID EVANS AND ASS 001 23012 ADMIN FEE-PR 16-051 0.00 287.1010100 125447 06/06/18 DAVIDEVA DAVID EVANS AND ASS 001 23012 PROF.SVCS-PR 15-241 0.00 448.0010100 125447 06/06/18 DAVIDEVA DAVID EVANS AND ASS 001 23012 PROF.SVCS-PR 16-258 0.00 593.0010100 125447 06/06/18 DAVIDEVA DAVID EVANS AND ASS 001 23012 PROF.SVCS-PR 17-106 0.00 840.4010100 125447 06/06/18 DAVIDEVA DAVID EVANS AND ASS 001 23012 PROF.SVCS-PL 2018-3 0.00 1,100.5010100 125447 06/06/18 DAVIDEVA DAVID EVANS AND ASS 001 23012 PROF.SVCS-PR 16-051 0.00 1,595.0010100 125447 06/06/18 DAVIDEVA DAVID EVANS AND ASS 0015551 45227 PROF.SVCS-INSPECTIO 0.00 375.0010100 125447 06/06/18 DAVIDEVA DAVID EVANS AND ASS 001 23012 ADMIN FEE-PR 15-241 0.00 80.6410100 125447 06/06/18 DAVIDEVA DAVID EVANS AND ASS 001 23012 ADMIN FEE-PR 16-258 0.00 106.7410100 125447 06/06/18 DAVIDEVA DAVID EVANS AND ASS 001 23012 ADMIN FEE-PR 17-106 0.00 151.2710100 125447 06/06/18 DAVIDEVA DAVID EVANS AND ASS 001 34650 ADMIN FEE-PR 16-051 0.00 -287.1010100 125447 06/06/18 DAVIDEVA DAVID EVANS AND ASS 001 34650 ADMIN FEE-PL 2018-3 0.00 -198.0910100 125447 06/06/18 DAVIDEVA DAVID EVANS AND ASS 001 34650 ADMIN FEE-PR 17-106 0.00 -151.2710100 125447 06/06/18 DAVIDEVA DAVID EVANS AND ASS 001 34650 ADMIN FEE-PR 16-258 0.00 -106.7410100 125447 06/06/18 DAVIDEVA DAVID EVANS AND ASS 001 34650 ADMIN FEE-PR 15-241 0.00 -80.64TOTAL CHECK 0.00 4,951.9010100 125448 06/06/18 DAYNITEC DAY & NITE COPY CEN 0015510 42110 PRINT SVCS-ROAD MAI 0.00 245.7310100 125448 06/06/18 DAYNITEC DAY & NITE COPY CEN 001 23012 PRNT SVCS-PR 17-250 0.00 16.39TOTAL CHECK 0.00 262.1210100 125449 06/06/18 DENNISCA CAROL A DENNIS 0015310 44000 PROF SVCS-P & R COM 0.00 50.0010100 125450 06/06/18 DBCHURCH DIAMOND BAR CHURCH 001 23002 FACILITY REFUND-HRT 0.00 100.0010100 125451 06/06/18 DIAMONDC DIAMOND CANYON CHRI 001 23002 FACILITY REFUND-HRT 0.00 100.0010100 125452 06/06/18 DIKSHITN NISHANT DIKSHIT 001 34760 RECREATION REFUND 0.00 160.0010100 125453 06/06/18 DUARTENI NICOLE DUARTE 001 23002 FACILITY REFUND-S/C 0.00 100.0010100 125454 06/06/18 EDUCATIO EDUCATION TO GO 0015350 45320 CONTRACT CLASS-SPRI 0.00 85.0010100 125455 06/06/18 EXTERIOR EXTERIOR PRODUCTS I 0015350 45305 BANNERS-CONCERTS PK 0.00 2,827.5010100 125456 06/06/18 FRONTIER FRONTIER COMMUNICAT 0015333 42125 PH.SVCS-DBC EMERGNC 0.00 356.9510100 125456 06/06/18 FRONTIER FRONTIER COMMUNICAT 0014070 42125 PH.SVCS-CITY HALL 0.00 156.0810100 125456 06/06/18 FRONTIER FRONTIER COMMUNICAT 0014070 42125 PH.SVCS-HERITAGE PK 0.00 177.88TOTAL CHECK 0.00 690.9110100 125457 06/06/18 FUENISAB ISABEL FUENTES 001 23002 FACILITY REFUND-DBC 0.00 100.0010100 125458 06/06/18 GATEWAYC GATEWAY CORPORATE C 0014093 42210 CAPITAL CONTRIBUTIO 0.00 173.4210100 125458 06/06/18 GATEWAYC GATEWAY CORPORATE C 0014093 42210 ASSOCIATION DUES-JU 0.00 1,551.186.2.bPacket Pg. 27 SUNGARD PENTAMATION INC PAGE NUMBER: 3DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNTTOTAL CHECK 0.00 1,724.6010100 125459 06/06/18 GERGUISS SHADY GERGUIS 0014070 42335 REIMB-CISCO CCNA TR 0.00 400.0310100 125460 06/06/18 GLENBAND GLENDORA BAND BOOST 001 23002 FACILITY REFUND-DBC 0.00 750.0010100 125461 06/06/18 GUPTAVAR VARUN GUPTA 001 23002 FACILITY REFUND-S/C 0.00 100.0010100 125461 06/06/18 GUPTAVAR VARUN GUPTA 001 36625 FACILITY REFUND-S/C 0.00 50.00TOTAL CHECK 0.00 150.0010100 125462 06/06/18 GUTICARO CAROLINA GUTIERREZ 001 23002 FACILITY REFUND-DBC 0.00 100.0010100 125463 06/06/18 HERNMIGU MIGUEL HERNANDEZ 001 23002 FACILITY REFUND-PNT 0.00 100.0010100 125464 06/06/18 HOMEI MEI HO 001 34760 RECREATION REFUND 0.00 160.0010100 125465 06/06/18 HOPSCOTC HOPSCOTCH PRESS INC 0014095 42115 AD-DBC 0.00 2,200.0010100 125466 06/06/18 HOSHIKEV KEVIN HOSHI 001 23002 FACILITY REFUND-S/C 0.00 100.0010100 125467 06/06/18 HSIEHKIM KIM HSIEH 0015350 44100 P & R COMM-MAY 25TH 0.00 45.0010100 125468 06/06/18 HSUCECIL CECIL HSU 001 23002 FACILITY REFUND-PNT 0.00 100.0010100 125469 06/06/18 HRCCINC HUMAN RESOURCE CAPI 0014060 42340 TRNG SVCS-H/R 0.00 4,800.0010100 125470 06/06/18 INLAEMPI INLAND EMPIRE MAGAZ 0014095 42115 AD-JUNE BRIDAL SHOW 0.00 795.0010100 125471 06/06/18 JAMESEVE JAMES EVENT PRODUCT 0015350 42145 CARNIVAL RIDES-C/BD 0.00 25,225.0010100 125472 06/06/18 JEANYULA YULAN JEAN 001 34780 RECREATION REFUND 0.00 72.0010100 125473 06/06/18 JLCCCONS JLCC CONSTRUCTION I 001 23012 DEP REFUND-PR 17-93 0.00 2,438.5610100 125473 06/06/18 JLCCCONS JLCC CONSTRUCTION I 001 23012 BOND REFND-PR 17-93 0.00 34,885.00TOTAL CHECK 0.00 37,323.5610100 125474 06/06/18 JOHNCORI CORINNE JOHNSON 001 23002 FACILITY REFUND-REA 0.00 100.0010100 125475 06/06/18 JONESTIY TIYANA JONES 001 23002 FACILITY REFUND-DBC 0.00 100.0010100 125476 06/06/18 KANGMIN MIN KANG 001 34760 RECREATION REFUND 0.00 1,565.0010100 125477 06/06/18 KINGSHAN SHANNON KING 001 23002 FACILITY REFUND-S/C 0.00 200.0010100 125478 V 06/06/18 KIRKJUST JUSTIN KIRK 001 23002 FACILITY REFUND-DBC 0.00 -1,050.0010100 125478 06/06/18 KIRKJUST JUSTIN KIRK 001 23002 FACILITY REFUND-DBC 0.00 1,050.00TOTAL CHECK 0.00 0.0010100 125479 06/06/18 LESTERLI LESTER LITHOGRAPH I 0014095 42110 PRINT SVCS-DBCONN 0.00 3,792.0010100 125480 06/06/18 LIANGBEN BENNY LIANG 0015350 44100 P & R COMM-MAY 25TH 0.00 45.006.2.bPacket Pg. 28 SUNGARD PENTAMATION INC PAGE NUMBER: 4DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 125481 06/06/18 LIEBERTC LIEBERT CASSIDY WHI 0014020 44021 LEGAL SVCS-H/R 0.00 308.0010100 125482 06/06/18 LORBEERM LORBEER MIDDLE SCHO 001 23002 FACILITY REFUND-S/C 0.00 100.0010100 125483 06/06/18 MAPLEHIL MAPLE HILL ELEMENTA 001 23002 FACILITY REFUND-HRT 0.00 100.0010100 125484 06/06/18 MEDIEVAL MEDIEVAL TIMES DINN 0015350 42410 EXCURSION-DAY CAMP 0.00 2,635.0010100 125485 06/06/18 MOBILERE MOBILE RELAY ASSOCI 0014440 42130 REPEATER SVCS-JUNE 0.00 78.7510100 125486 06/06/18 MOHINDRA PAMELA MOHINDRA 001 23002 FACILITY REFUND-DBC 0.00 1,000.0010100 125487 06/06/18 MTCALVAR MT CALVARY LUTHERAN 0015350 42140 GYM RENTAL-REC 0.00 3,950.0010100 125488 06/06/18 OKADABRI BRIAN OKADA 001 23002 FACILITY REFUND-REA 0.00 100.0010100 125489 06/06/18 ORORATHO THOMAS M ORONA 0015350 44100 P & R COMM-MAY 25TH 0.00 45.0010100 125490 06/06/18 ORTEGALE LETICIA ORTEGA 001 36618 FACILITY REFUND-HRT 0.00 139.5810100 125490 06/06/18 ORTEGALE LETICIA ORTEGA 001 23004 FACILITY REFUND-HRT 0.00 159.0010100 125490 06/06/18 ORTEGALE LETICIA ORTEGA 001 23002 FACILITY REFUND-HRT 0.00 500.00TOTAL CHECK 0.00 798.5810100 125491 06/06/18 OTSULYNN LYNN OTSU 001 23002 FACILITY REFUND-HRT 0.00 200.0010100 125492 06/06/18 PCYAO PACIFIC CREST YOUTH 001 23002 FACILITY REFUND-DBC 0.00 1,000.0010100 125494 06/06/18 PENCOENG PENCO ENGINEERING I 001 23012 PROF.SVCS-PR 18-896 0.00 547.5010100 125494 06/06/18 PENCOENG PENCO ENGINEERING I 001 23012 PROF.SVCS-PR 17-185 0.00 600.0010100 125494 06/06/18 PENCOENG PENCO ENGINEERING I 0015551 45223 PROF.SVCS-PLAN CHEC 0.00 92.0910100 125494 06/06/18 PENCOENG PENCO ENGINEERING I 0015551 45223 PROF.SVCS-PLAN CHEC 0.00 349.6110100 125494 06/06/18 PENCOENG PENCO ENGINEERING I 0015551 45223 PROF.SVCS-GRADING R 0.00 261.9910100 125494 06/06/18 PENCOENG PENCO ENGINEERING I 001 23012 ADMIN FEE-PR 18-896 0.00 98.5510100 125494 06/06/18 PENCOENG PENCO ENGINEERING I 001 34650 ADMIN FEE-PR 17-250 0.00 -22.5010100 125494 06/06/18 PENCOENG PENCO ENGINEERING I 001 23012 ADMIN FEE-PR 17-250 0.00 22.5010100 125494 06/06/18 PENCOENG PENCO ENGINEERING I 001 23012 ADMIN FEE-PR 17-185 0.00 108.0010100 125494 06/06/18 PENCOENG PENCO ENGINEERING I 001 23012 PROF.SVCS-PR 17-250 0.00 125.0010100 125494 06/06/18 PENCOENG PENCO ENGINEERING I 001 34650 ADMIN FEE-PR 17-185 0.00 -108.0010100 125494 06/06/18 PENCOENG PENCO ENGINEERING I 001 34650 ADMIN FEE-PR 18-896 0.00 -98.55TOTAL CHECK 0.00 1,976.1910100 125495 06/06/18 PSI PROTECTION ONE INC 0015556 42210 ALARM SVCS-HERITAGE 0.00 126.0210100 125495 06/06/18 PSI PROTECTION ONE INC 0015333 42210 ALARM SVCS-DBC 0.00 146.67TOTAL CHECK 0.00 272.6910100 125496 06/06/18 PUBLICFI PUBLIC FINANCE STRA 0014030 44000 CONSULTING SVCS-ELE 0.00 6,500.0010100 125497 06/06/18 PUNBEN BEN PUN 001 23002 FACILITY REFUND-PTR 0.00 100.0010100 125498 06/06/18 PUNDAMIE CHERRY PUNDAMIERA 001 23002 FACILITY REFUND-HRT 0.00 200.0010100 125499 06/06/18 QUINYOLA YOLANDA QUINONES 001 23002 FACILITY REFUND-PNT 0.00 100.006.2.bPacket Pg. 29 SUNGARD PENTAMATION INC PAGE NUMBER: 5DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 125500 06/06/18 REDDIAMO RED DIAMOND ROOFING 001 23006 REFUND-RECYCLING DE 0.00 250.0010100 125501 06/06/18 REUELGRE GREGORY C REUEL 0014096 44000 REPORT UPDATE-APR 1 0.00 1,500.0010100 125502 06/06/18 REYMARIA MARIA SERENA REYES 001 23002 FACILITY REFUND-S/C 0.00 100.0010100 125503 06/06/18 RODRIGOJ JON ERICK RODRIGO 001 23002 FACILITY REFUND-PNT 0.00 200.0010100 125504 06/06/18 ROSSCREA ROSS CREATIONS 0015350 45300 DEP-SOUND SYS 7/4/1 0.00 700.0010100 125505 06/06/18 ROWLANDU ROWLAND UNIFIED SCH 001 36618 FACILITY REFUND-DBC 0.00 93.0510100 125506 06/06/18 ROWLANDU ROWLAND UNIFIED SCH 001 23002 FACILITY REFUND-DBC 0.00 500.0010100 125507 06/06/18 SAADELDI AHMED SAADELDIN 001 23002 FACILITY REFUND-S/C 0.00 100.0010100 125508 06/06/18 SALCIDOR ROBERT SALCIDO 001 23002 FACILITY REFUND-HRT 0.00 100.0010100 125509 06/06/18 SAMPABRA SAMPA BRAZILIAN JIU 0015350 45320 CONTRACT CLASS-SPRI 0.00 97.2010100 125510 06/06/18 SGVCMA SAN GABRIEL VALLEY 0014030 42325 SGVCMA WKSHP-STAFF 0.00 300.0010100 125511 06/06/18 SERRIRMA IRMA SERRANO 001 23002 FACILITY REFUND-PNT 0.00 100.0010100 125512 06/06/18 SHEPPARD SHEPPARD, MULLIN, R 0014020 44021 LEGAL SVCS-T/HERMAN 0.00 43,092.1810100 125513 06/06/18 SIGMACOD SIGMA CODING LLC 0015350 45320 CONTRACT CLASS-SPRI 0.00 2,457.0010100 125514 06/06/18 SIMPSONA SIMPSON ADVERTISING 0014095 44000 GRAPHIC DESIGN SVCS 0.00 825.0010100 125514 06/06/18 SIMPSONA SIMPSON ADVERTISING 0014095 44000 GRAPHIC DESIGN SVCS 0.00 1,207.50TOTAL CHECK 0.00 2,032.5010100 125515 06/06/18 SCE SOUTHERN CALIFORNIA 0015510 42126 ELECT SVCS-T/CONTRO 0.00 188.0510100 125515 06/06/18 SCE SOUTHERN CALIFORNIA 0015510 42126 ELECT SVCS-T/CONTRO 0.00 2,362.6410100 125515 06/06/18 SCE SOUTHERN CALIFORNIA 0015556 42126 ELECT SVCS-T/CONTRO 0.00 55.9810100 125515 06/06/18 SCE SOUTHERN CALIFORNIA 0015510 42126 ELECT SVCS-T/CONTRO 0.00 119.7010100 125515 06/06/18 SCE SOUTHERN CALIFORNIA 0015510 42126 ELECT SVCS-T/CONTRO 0.00 170.50TOTAL CHECK 0.00 2,896.8710100 125516 06/06/18 ADELPHIA SPECTRUM BUSINESS 0014070 44030 PH.SVCS-DBC 0.00 103.8510100 125517 06/06/18 SUNSHINE SUNSHINE ROOFING 001 23006 REFUND-RECYCLING DE 0.00 250.0010100 125518 06/06/18 TABIZONR ROSARIO TABIZON 001 34760 RECREATION REFUND 0.00 160.0010100 125519 06/06/18 TENNISAN TENNIS ANYONE INC 0015350 45320 CONTRACT CLASS-SPRI 0.00 4,109.0010100 125520 06/06/18 THECOMDY THE COMDYN GROUP IN 0014070 44000 MEMO CREDIT 0.00 -683.7310100 125520 06/06/18 THECOMDY THE COMDYN GROUP IN 0014070 44000 GIS SUPPORT SVCS-5/ 0.00 1,481.42TOTAL CHECK 0.00 797.696.2.bPacket Pg. 30 SUNGARD PENTAMATION INC PAGE NUMBER: 6DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 125521 06/06/18 THESAUCE THE SAUCE CREATIVE 0015350 45305 BANNERS-CONCERTS PK 0.00 136.8710100 125521 06/06/18 THESAUCE THE SAUCE CREATIVE 0015350 42110 POSTCARD/FLYER-7/4/ 0.00 671.77TOTAL CHECK 0.00 808.6410100 125522 06/06/18 THONGLIN LIN THONG 001 34760 RECREATION REFUND 0.00 340.0010100 125523 06/06/18 TRIANGLE TRIANGLE FRATERITY 001 23002 FACILITY REFUND-DBC 0.00 100.0010100 125524 06/06/18 VARGASMA MARNIE VARGAS 001 23002 FACILITY REFUND-HRT 0.00 100.0010100 125525 06/06/18 VERIZONW VERIZON WIRELESS 0014070 42125 CELL CHRGS-PW,CS,CD 0.00 1,954.5210100 125526 06/06/18 GRAINGER W.W. GRAINGER INC. 0015556 41200 SUPPLIES-PARKS 0.00 92.6310100 125527 06/06/18 WVUSD WALNUT VALLEY UNIFI 0015350 42140 GYM RENTAL-VOLLEYBA 0.00 756.0010100 125528 06/06/18 WAXIESAN WAXIE SANITARY SUPP 0015333 41200 SUPPLIES-DBC 0.00 67.6710100 125528 06/06/18 WAXIESAN WAXIE SANITARY SUPP 0015333 41200 SUPPLIES-DBC 0.00 129.4710100 125528 06/06/18 WAXIESAN WAXIE SANITARY SUPP 0015333 41200 SUPPLIES-DBC 0.00 261.4110100 125528 06/06/18 WAXIESAN WAXIE SANITARY SUPP 0015333 41200 SUPPLIES-DBC 0.00 282.6210100 125528 06/06/18 WAXIESAN WAXIE SANITARY SUPP 0015333 41200 SUPPLIES-DBC 0.00 287.2510100 125528 06/06/18 WAXIESAN WAXIE SANITARY SUPP 0014093 41200 SUPPLIES-CITY HALL 0.00 360.09TOTAL CHECK 0.00 1,388.5110100 125529 06/06/18 WESTCOAS WEST COAST ARBORIST 0015558 45509 TREE MAINT SVCS-MAY 0.00 13,299.8310100 125530 06/06/18 WILLDANG WILLDAN GEOTECHNICA 001 23012 PROF.SVCS-PR 15-274 0.00 200.0010100 125530 06/06/18 WILLDANG WILLDAN GEOTECHNICA 001 23012 PROF.SVCS-PR 17-106 0.00 300.0010100 125530 06/06/18 WILLDANG WILLDAN GEOTECHNICA 001 23012 PROF.SVCS-PR 17-662 0.00 400.0010100 125530 06/06/18 WILLDANG WILLDAN GEOTECHNICA 001 23012 PROF.SVCS-PR 16-234 0.00 400.0010100 125530 06/06/18 WILLDANG WILLDAN GEOTECHNICA 001 23012 PROF.SVCS-PR 18-896 0.00 800.0010100 125530 06/06/18 WILLDANG WILLDAN GEOTECHNICA 001 23012 ADMIN FEE-PR 17-106 0.00 54.0010100 125530 06/06/18 WILLDANG WILLDAN GEOTECHNICA 001 23012 ADMIN FEE-PR 16-234 0.00 72.0010100 125530 06/06/18 WILLDANG WILLDAN GEOTECHNICA 001 23012 ADMIN FEE-PR 17-662 0.00 72.0010100 125530 06/06/18 WILLDANG WILLDAN GEOTECHNICA 001 34650 ADMIN FEE-PR 16-234 0.00 -72.0010100 125530 06/06/18 WILLDANG WILLDAN GEOTECHNICA 001 34650 ADMIN FEE-PR 17-106 0.00 -54.0010100 125530 06/06/18 WILLDANG WILLDAN GEOTECHNICA 001 34650 ADMIN FEE-PR 15-274 0.00 -36.0010100 125530 06/06/18 WILLDANG WILLDAN GEOTECHNICA 001 23012 ADMIN FEE-PR 18-896 0.00 144.0010100 125530 06/06/18 WILLDANG WILLDAN GEOTECHNICA 001 34650 ADMIN FEE-PR 18-896 0.00 -144.0010100 125530 06/06/18 WILLDANG WILLDAN GEOTECHNICA 001 34650 ADMIN FEE-PR 17-662 0.00 -72.0010100 125530 06/06/18 WILLDANG WILLDAN GEOTECHNICA 001 23012 ADMIN FEE-PR 15-274 0.00 36.00TOTAL CHECK 0.00 2,100.0010100 125531 06/06/18 PAETECCO WINDSTREAM 0014070 42125 TRUNKLINE SVCS-C/HA 0.00 1,968.2410100 125532 06/06/18 WONGWAIK WAI KWONG WONG 001 23002 FACILITY REFUND-S/C 0.00 100.0010100 125533 06/06/18 YANGWEIY WEI YING YANG 001 36625 FACILITY REFUND-HRT 0.00 25.0010100 125533 06/06/18 YANGWEIY WEI YING YANG 001 23002 FACILITY REFUND-HRT 0.00 100.00TOTAL CHECK 0.00 125.0010100 125534 06/06/18 YULISHA LISHA YU 001 23002 FACILITY REFUND-S/C 0.00 100.006.2.bPacket Pg. 31 SUNGARD PENTAMATION INC PAGE NUMBER: 7DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 125535 06/13/18 AMERICOM AMERICOMP GROUP 0014070 41200 TONER-DBC PRINTERS 0.00 409.5110100 125536 06/13/18 EVERGREE ROBYN A BECKWITH 0015556 42210 PLANT SVCS-HERITAGE 0.00 135.0010100 125536 06/13/18 EVERGREE ROBYN A BECKWITH 0015333 45300 PLANT SVCS-DBC 0.00 200.00TOTAL CHECK 0.00 335.0010100 125537 06/13/18 BELLACLA CLAIRE BELLA 001 23002 FACILITY REFUND-HRT 0.00 200.0010100 125539 06/13/18 BLACKMAN HAILE BLACKMAN 0015350 45305 BAND-CONCERT IN PAR 0.00 1,400.0010100 125540 06/13/18 BRYDMARK MARK BRYD 001 23002 FACILITY REFUND-S/C 0.00 100.0010100 125541 06/13/18 BSNSPORT BSN SPORTS CORP 0015350 41200 SUPPLIES-DAY CAMP 0.00 130.9510100 125541 06/13/18 BSNSPORT BSN SPORTS CORP 0015556 42210 SUPPLIES-PUBLIC WOR 0.00 168.80TOTAL CHECK 0.00 299.7510100 125542 06/13/18 CASTCARL CARLA CASTILLO 001 23002 FACILITY REFUND-S/C 0.00 100.0010100 125543 06/13/18 REINBERG CNC PRINTWERKS 0014030 42110 PRINT SVCS-BUS CARD 0.00 197.1010100 125544 06/13/18 CONRADLA LAURIE CONRAD 001 34730 RECREATION REFUND 0.00 96.0010100 125545 06/13/18 CARONADO ERIKA CORONADO 001 23002 FACILITY REFUND-DBC 0.00 600.0010100 125546 06/13/18 DENNISCA CAROL A DENNIS 0014030 44000 PROF.SVCS-REG MTG 0.00 100.0010100 125547 06/13/18 DEPTOFJU DEPARTMENT OF JUSTI 0014060 42345 PROF.SVCS-H/R 0.00 256.0010100 125550 06/13/18 DUEBERTK KLAUS DUEBERT 0015350 45300 PROF.SVCS-DAY CAMP 0.00 1,500.0010100 125551 06/13/18 ECOFERTI ECOFERT INC 0015556 42210 FERTIGATION SVCS-MA 0.00 290.0010100 125552 06/13/18 ECSIMAGI ECS IMAGING INC 0014030 44000 AD MODULE-LASERFICH 0.00 1,800.0010100 125553 06/13/18 FRONTIER FRONTIER COMMUNICAT 0014070 42125 PH.SVCS-SRST CHI C/ 0.00 803.5310100 125553 06/13/18 FRONTIER FRONTIER COMMUNICAT 0015556 42125 PH.SVCS-HERITAGE PK 0.00 57.6810100 125553 06/13/18 FRONTIER FRONTIER COMMUNICAT 0014030 42125 PH.SVCS-CMGR FAX 0.00 89.4210100 125553 06/13/18 FRONTIER FRONTIER COMMUNICAT 0015556 42125 PH.SVCS-HERITAGE FA 0.00 96.3610100 125553 06/13/18 FRONTIER FRONTIER COMMUNICAT 0014030 42125 PH.SVCS-C/H ELEVATO 0.00 162.12TOTAL CHECK 0.00 1,209.1110100 125554 06/13/18 GLOWZONE GLOWZONE HUNTINGTON 0015350 42410 EXCURSION-DAY CAMP 0.00 787.5010100 125555 06/13/18 GOLIVETE GO LIVE TECHNOLOGY 0014070 44000 APPL SVCS-CITY VIEW 0.00 1,479.0010100 125556 06/13/18 GRAFFITI GRAFFITI CONTROL SY 0015230 45520 GRAFFITI ABATEMENT 0.00 2,912.0010100 125557 06/13/18 GRICHERL LINDA GRICHER 001 34730 RECREATION REFUND 0.00 48.0010100 125558 06/13/18 GJSINC GUARANTEED JANITORI 0015556 45300 JANITORIAL SVCS-PAR 0.00 1,327.1010100 125558 06/13/18 GJSINC GUARANTEED JANITORI 0015333 45300 JANITORIAL SVCS-DBC 0.00 3,777.546.2.bPacket Pg. 32 SUNGARD PENTAMATION INC PAGE NUMBER: 8DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 125558 06/13/18 GJSINC GUARANTEED JANITORI 0014093 42210 JANITORIAL SVCS-C/H 0.00 6,713.34TOTAL CHECK 0.00 11,817.9810100 125559 06/13/18 HARRISCO HARRIS COMPUTER SYS 0014070 46235 CITY VIEW SOFTWARE 0.00 4,422.0010100 125560 06/13/18 HENRYMAR MARY HENRY 001 34730 RECREATION REFUND 0.00 43.0010100 125561 06/13/18 HINDOYAN GARABET HINDOYAN 0015350 45300 SENIOR DINNER DANCE 0.00 1,308.5310100 125562 06/13/18 HINESNAN NANCY HINES 001 34730 RECREATION REFUND 0.00 192.0010100 125563 06/13/18 HOMEDEPO HOME DEPOT CREDIT S 0015556 41200 SUPPLIES-PARKS 0.00 33.4110100 125564 06/13/18 INSTITUT INSTITUTE OF KNOWLE 001 23002 FACILITY REFUND-DBC 0.00 800.0010100 125565 06/13/18 AOS INTEGRUS LLC 0014070 42100 RICOH COPY CHARGES 0.00 995.3510100 125566 06/13/18 JIANGXUE XUEMEI JIANG 001 34760 RECREATION REFUND 0.00 525.0010100 125567 06/13/18 JOHNSONK KEITH E JOHNSON 0015350 45300 SENIOR DANCE-DJ 0.00 350.0010100 125568 06/13/18 KEETONHO HOLLIE KEETON 001 36618 FACILITY REFUND-DBC 0.00 27.9110100 125568 06/13/18 KEETONHO HOLLIE KEETON 001 23002 FACILITY REFUND-DBC 0.00 1,800.00TOTAL CHECK 0.00 1,827.9110100 125569 06/13/18 KELLCYNT CYNTHIA VAN KELLOGG 001 23002 FACILITY REFUND-DBC 0.00 1,050.0010100 125570 06/13/18 KIMLEYHO KIMLEY HORN AND ASS 001 23010 PROF.SVCS-PL 2018-3 0.00 683.5510100 125571 06/13/18 KIRKJUST JUSTIN KIRK 001 23002 FACILITY REFUND-DBC 0.00 1,050.0010100 125572 06/13/18 LANDSEND LANDS’ END INC 0015230 41200 SUPPLIES-CODE ENFOR 0.00 74.2210100 125573 06/13/18 LACASSES LOS ANGELES COUNTY 0014070 42205 SBF ABSTRACT DATA-G 0.00 64.0010100 125574 06/13/18 LASHERIF LOS ANGELES COUNTY 0014411 45402 ST SWEEPING SVCS-AP 0.00 734.4410100 125574 06/13/18 LASHERIF LOS ANGELES COUNTY 0014411 45402 CALVARY CHAPEL-APR 0.00 8,646.5710100 125574 06/13/18 LASHERIF LOS ANGELES COUNTY 0014411 45402 SPL EVENT-CITY B/DA 0.00 715.3510100 125574 06/13/18 LASHERIF LOS ANGELES COUNTY 0014411 45401 STAR DEPUTY SVCS-AP 0.00 11,377.9510100 125574 06/13/18 LASHERIF LOS ANGELES COUNTY 0014411 45401 CONTRACT SVCS-APR 1 0.00 523,732.55TOTAL CHECK 0.00 545,206.8610100 125575 06/13/18 LUXIXI XIXI LU 001 34720 RECREATION REFUND 0.00 86.0010100 125578 06/13/18 MOBILEIN MOBILE INDUSTRIAL S 0015556 41200 CYLINDER ARGON 0.00 8.0010100 125578 06/13/18 MOBILEIN MOBILE INDUSTRIAL S 0015350 41200 SUPPLIES-HELIUM 0.00 90.00TOTAL CHECK 0.00 98.0010100 125579 06/13/18 OFFICESO OFFICE SOLUTIONS 0014030 41200 SUPPLIES-CMGR 0.00 924.4710100 125579 06/13/18 OFFICESO OFFICE SOLUTIONS 0014050 41200 SUPPLIES-FINANCE 0.00 41.3710100 125579 06/13/18 OFFICESO OFFICE SOLUTIONS 0014070 41200 SUPPLIES-P/SYS 0.00 43.4310100 125579 06/13/18 OFFICESO OFFICE SOLUTIONS 0015333 41200 SUPPLIES-DBC 0.00 366.976.2.bPacket Pg. 33 SUNGARD PENTAMATION INC PAGE NUMBER: 9DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 125579 06/13/18 OFFICESO OFFICE SOLUTIONS 0015350 41200 SUPPLIES-REC 0.00 385.5310100 125579 06/13/18 OFFICESO OFFICE SOLUTIONS 0014065 41300 SUPPLIES-P/SAFETY 0.00 427.3910100 125579 06/13/18 OFFICESO OFFICE SOLUTIONS 0014030 42110 SUPPLIES-CMGR 0.00 67.9610100 125579 06/13/18 OFFICESO OFFICE SOLUTIONS 0015510 41200 SUPPLIES-P/WORKS 0.00 87.1710100 125579 06/13/18 OFFICESO OFFICE SOLUTIONS 0014096 45000 SUPPLIES-ECO DEV 0.00 116.5510100 125579 06/13/18 OFFICESO OFFICE SOLUTIONS 0014411 42363 SUPPLIES-SHERIFF 0.00 123.2510100 125579 06/13/18 OFFICESO OFFICE SOLUTIONS 0014095 41200 SUPPLIES-P/INFO 0.00 221.88TOTAL CHECK 0.00 2,805.9710100 125580 06/13/18 ORDONEZF FANNIE ORDONEZ 001 23002 FACILITY REFUND-DBC 0.00 612.5010100 125581 06/13/18 PIAZZADO DOLORES PIAZZA 001 34730 RECREATION REFUND 0.00 48.0010100 125582 06/13/18 PREHISTO PREHISTORIC PETS 0015350 45300 EXCURSION-DAY CAMP 0.00 525.0010100 125583 06/13/18 RFDICKSO R F DICKSON COMPANY 0015554 45501 STREET SWEEPING SVC 0.00 11,765.9210100 125584 06/13/18 RAMITINA TINA MARIE RAMIREZ 001 23002 FACILITY REFUND-HRT 0.00 700.0010100 125586 06/13/18 RIVASRAI RAISSA RIVAS 001 23002 FACILITY REFUND-DBC 0.00 1,040.0010100 125587 06/13/18 ROSSCREA ROSS CREATIONS 0015350 45305 SOUND SYS-CONCERTS 0.00 750.0010100 125588 06/13/18 SANTANTH ANTHONY SANTOS 001 23002 FACILITY REFUND-HRT 0.00 700.0010100 125590 06/13/18 SHAWYULI YULIN SHAW 001 34760 RECREATION REFUND 0.00 165.0010100 125591 06/13/18 SKATEEXP SKATE EXPRESS INC 0015350 42410 EXCURSION-DAY CAMP 0.00 800.0010100 125592 06/13/18 SLANECAT CATHY SLANE 001 23002 FACILITY REFUND-HRT 0.00 100.0010100 125593 06/13/18 SCE SOUTHERN CALIFORNIA 0015556 42126 ELECT SVCS-PARKS 0.00 3,309.5410100 125593 06/13/18 SCE SOUTHERN CALIFORNIA 0015333 42126 ELECT SVCS-DBC 0.00 4,769.99TOTAL CHECK 0.00 8,079.5310100 125594 06/13/18 SPARKLET SPARKLETTS 0015556 42130 EQ RENTAL-S/CYN PK 0.00 12.0010100 125595 06/13/18 TASC TASC 0014060 42346 FLEX ADMIN SVCS 0.00 100.0010100 125596 06/13/18 TENNISAN TENNIS ANYONE INC 0015350 45320 CONTRACT CLASS-SUMM 0.00 1,965.6010100 125597 06/13/18 TERRYSTE TERRY’S TESTING INC 0015333 42210 BACKFLOW TESTING-DB 0.00 130.0010100 125598 06/13/18 THESAUCE THE SAUCE CREATIVE 0015350 45305 PRINT SVCS-CONCERTS 0.00 193.7710100 125599 06/13/18 USDEPART U S DEPARTMENT OF E 001 21114 MISC PAYABLE-PP 12/ 0.00 263.3310100 125600 06/13/18 ULINEINC ULINE INC 0014065 41200 FIRST AID SUPPLIES 0.00 129.1710100 125601 06/13/18 USBANK US BANK 0014050 44000 CITY CREDIT CARD-MA 0.00 25,314.5810100 125602 06/13/18 USHEALTH US HEALTHWORKS MEDI 0014060 42345 PRE-EMPLYMNT PHYSCL 0.00 717.006.2.bPacket Pg. 34 SUNGARD PENTAMATION INC PAGE NUMBER: 10DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 125602 06/13/18 USHEALTH US HEALTHWORKS MEDI 0014060 42345 PRE-EMPLYMNT PHYSCL 0.00 239.00TOTAL CHECK 0.00 956.0010100 125603 06/13/18 GRAINGER W.W. GRAINGER INC. 0015556 42210 CREDIT MEMO 0.00 -92.6310100 125603 06/13/18 GRAINGER W.W. GRAINGER INC. 0015333 42210 SUPPLIES-DBC 0.00 19.9710100 125603 06/13/18 GRAINGER W.W. GRAINGER INC. 0015556 42210 SUPPLIES-PARKS 0.00 80.59TOTAL CHECK 0.00 7.9310100 125605 06/13/18 WAXIESAN WAXIE SANITARY SUPP 0015333 41200 SUPPLIES-DBC 0.00 732.1810100 125606 06/13/18 WEIPAULI PAULINE WEI 001 34780 RECREATION REFUND 0.00 140.0010100 125607 06/13/18 YANGWEIY WEI YING YANG 001 23002 FACILITY REFUND-HRT 0.00 200.0010100 12/18PP 06/13/18 TASC TASC 001 21119 6/15/18-P/R DEDUCTI 0.00 1,240.7010100 PP12/18 06/13/18 PERSRETI PERS RETIREMENT FUN 001 21109 RETIRE CONTRIB-PEPR 0.00 2,327.5510100 PP12/18 06/13/18 PERSRETI PERS RETIREMENT FUN 001 21109 RETIRE CONTRIB-EE 0.00 27,536.8610100 PP12/18 06/13/18 PERSRETI PERS RETIREMENT FUN 001 21109 SURVIVOR BENEFIT 0.00 51.15TOTAL CHECK 0.00 29,915.5610100 12-PP 18 06/13/18 PAYROLL PAYROLL TRANSFER 001 10200 P/R TRANSFER-12/PP 0.00 186,494.0910100 PP 12/18 06/13/18 VANTAGEP VANTAGEPOINT TRNSFR 001 21108 6/15/18-P/R DEDUCTI 0.00 6,343.5410100 PP 12/18 06/13/18 VANTAGEP VANTAGEPOINT TRNSFR 001 21108 6/15/18-LOAN DEDUCT 0.00 3,403.64TOTAL CHECK 0.00 9,747.18TOTAL CASH ACCOUNT 0.00 1,122,553.10TOTAL FUND 0.00 1,122,553.106.2.bPacket Pg. 35 SUNGARD PENTAMATION INC PAGE NUMBER: 11DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 112 - PROP A - TRANSIT FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 12-PP 18 06/13/18 PAYROLL PAYROLL TRANSFER 112 10200 P/R TRANSFER-12/PP 0.00 4,624.01TOTAL CASH ACCOUNT 0.00 4,624.01TOTAL FUND 0.00 4,624.016.2.bPacket Pg. 36 SUNGARD PENTAMATION INC PAGE NUMBER: 12DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 113 - PROP C - TRANSIT TAX FUNDCASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 12-PP 18 06/13/18 PAYROLL PAYROLL TRANSFER 113 10200 P/R TRANSFER-12/PP 0.00 3,035.40TOTAL CASH ACCOUNT 0.00 3,035.40TOTAL FUND 0.00 3,035.406.2.bPacket Pg. 37 SUNGARD PENTAMATION INC PAGE NUMBER: 13DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 115 - INTEGRATED WASTE MGT FD CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 125445 06/06/18 CIVICPUB CIVIC PUBLICATIONS 1155515 44000 WEB DESIGN SVCS 0.00 85.0010100 125493 06/06/18 PAPERREC PAPER RECYCLING & S 1155515 44000 DBC PAPER RECYCLING 0.00 40.0010100 125493 06/06/18 PAPERREC PAPER RECYCLING & S 1155515 44000 CITY HALL PAPER REC 0.00 55.00TOTAL CHECK 0.00 95.0010100 125548 06/13/18 DISCOVER DISCOVERY SCIENCE C 1155515 45500 PROG DELIVERY-MAY 1 0.00 1,986.0010100 125549 06/13/18 DOGGIEWA DOGGIE WALK BAGS IN 1155515 41200 SUPPLIES-DOGGIE BAG 0.00 1,257.0610100 125577 06/13/18 MERCURYD MERCURY DISPOSAL SY 1155515 45500 RECYCLING-CITY HALL 0.00 108.3410100 125577 06/13/18 MERCURYD MERCURY DISPOSAL SY 1155515 45500 RECYCLING-BULBS/BTT 0.00 1,463.56TOTAL CHECK 0.00 1,571.9010100 125585 06/13/18 RSM RECYCLE STRATEGIC M 1155515 44000 USED OIL OUTREACH 0.00 460.0010100 12-PP 18 06/13/18 PAYROLL PAYROLL TRANSFER 115 10200 P/R TRANSFER-12/PP 0.00 12,706.69TOTAL CASH ACCOUNT 0.00 18,161.65TOTAL FUND 0.00 18,161.656.2.bPacket Pg. 38 SUNGARD PENTAMATION INC PAGE NUMBER: 14DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 125 - COM DEV BL0CK GRANT FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 125589 06/13/18 SCIL SERVICE CENTER FOR 1255215 44000 COMM DIVERSION PROJ 0.00 239.1610100 125589 06/13/18 SCIL SERVICE CENTER FOR 1255215 44000 COMM DIVERSION PROJ 0.00 1,640.2810100 125589 06/13/18 SCIL SERVICE CENTER FOR 1255215 44000 COMM DIVERSION PROJ 0.00 847.52TOTAL CHECK 0.00 2,726.96TOTAL CASH ACCOUNT 0.00 2,726.96TOTAL FUND 0.00 2,726.966.2.bPacket Pg. 39 SUNGARD PENTAMATION INC PAGE NUMBER: 15DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 138 - LLAD 38 FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 125435 06/06/18 BESTLTG BEST LIGHTING PRODU 1385538 42210 MONTHLY MAINT-DIST 0.00 283.4510100 125515 06/06/18 SCE SOUTHERN CALIFORNIA 1385538 42126 ELECT SVCS-T/CONTRO 0.00 24.5610100 125576 06/13/18 MCECORPO MCE CORPORATION 1385538 45500 LANDSCAPE MAINT-MAY 0.00 5,002.0010100 125593 06/13/18 SCE SOUTHERN CALIFORNIA 1385538 42126 ELECT SVCS-DIST 38 0.00 66.9010100 125593 06/13/18 SCE SOUTHERN CALIFORNIA 1385538 42126 ELECT SVCS-DIST 38 0.00 641.96TOTAL CHECK 0.00 708.8610100 12-PP 18 06/13/18 PAYROLL PAYROLL TRANSFER 138 10200 P/R TRANSFER-12/PP 0.00 1,150.89TOTAL CASH ACCOUNT 0.00 7,169.76TOTAL FUND 0.00 7,169.766.2.bPacket Pg. 40 SUNGARD PENTAMATION INC PAGE NUMBER: 16DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 139 - LLAD 39 FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 125576 06/13/18 MCECORPO MCE CORPORATION 1395539 45500 LANDSCAPE MAINT-MAY 0.00 17,373.0010100 125593 06/13/18 SCE SOUTHERN CALIFORNIA 1395539 42126 ELECT SVCS-DIST 39 0.00 464.7810100 125604 06/13/18 WVWATER WALNUT VALLEY WATER 1395539 42126 WATER SVCS-RIMFORD 0.00 64.7710100 12-PP 18 06/13/18 PAYROLL PAYROLL TRANSFER 139 10200 P/R TRANSFER-12/PP 0.00 657.75TOTAL CASH ACCOUNT 0.00 18,560.30TOTAL FUND 0.00 18,560.306.2.bPacket Pg. 41 SUNGARD PENTAMATION INC PAGE NUMBER: 17DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 141 - LLAD 41 FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 125576 06/13/18 MCECORPO MCE CORPORATION 1415541 45500 LANDSCAPE MAINT-MAY 0.00 5,673.0010100 125593 06/13/18 SCE SOUTHERN CALIFORNIA 1415541 42126 ELECT SVCS-DIST 41 0.00 266.5810100 12-PP 18 06/13/18 PAYROLL PAYROLL TRANSFER 141 10200 P/R TRANSFER-12/PP 0.00 559.01TOTAL CASH ACCOUNT 0.00 6,498.59TOTAL FUND 0.00 6,498.596.2.bPacket Pg. 42 SUNGARD PENTAMATION INC PAGE NUMBER: 18DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 160 - USED MOTOR OIL BLK GRT CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 125585 06/13/18 RSM RECYCLE STRATEGIC M 1605516 44000 USED OIL OUTREACH 0.00 500.00TOTAL CASH ACCOUNT 0.00 500.00TOTAL FUND 0.00 500.006.2.bPacket Pg. 43 SUNGARD PENTAMATION INC PAGE NUMBER: 19DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 520 - VEHICLE MAINT/REPL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 125439 06/06/18 CALCOAAU CALIFORNIA COACH AU 5205556 42203 TOWING-CITY VEH 0.00 100.00TOTAL CASH ACCOUNT 0.00 100.00TOTAL FUND 0.00 100.006.2.bPacket Pg. 44 SUNGARD PENTAMATION INC PAGE NUMBER: 20DATE: 06/13/2018 CITY OF DIAMOND BAR ACCTPA21TIME: 09:43:44 CHECK REGISTER - BY FUNDSELECTION CRITERIA: transact.ck_date between ’20180531 00:00:00.000’ and ’20180613 00:00:00.000’ACCOUNTING PERIOD: 12/18 FUND - 530 - EQUIP MAINT/REPL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT10100 125538 06/13/18 BIRDROCK BIRD ROCK SYSTEMS, 5304070 46235 MIGRATION-CITY SERV 0.00 7,200.00TOTAL CASH ACCOUNT 0.00 7,200.00TOTAL FUND 0.00 7,200.00TOTAL REPORT 0.00 1,191,129.776.2.bPacket Pg. 45 Agenda #: 6.3 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH DIANA CHO AND ASSOCIATES (DCA) TO PROVIDE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LABOR AND CONTRACT COMPLIANCE SERVICES THROUGH JUNE 30, 2019. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve, and authorize the Mayor to sign, the Second Amendment to Consulting Services Agreement with Diana Cho and Associates granting the second of four optional one-year extensions to June 30, 2019. FINANCIAL IMPACT: The total not-to-exceed amount of the Agreement for FY 2018-2019 would be $24,000. Sufficient funds are included in the FY 2018-2019 Community Development Block Grant (CDBG) Budget to cover such services, which are ultimately reimbursed to the City by the Federal Government. BACKGROUND/DISCUSSION: The City receives annual Community Development Block Grant (CDBG) funds disbursed through the Los Angeles County Community Development Commission (CDC). The funds are used for a variety of capital and service based programs, such as park and sidewalk ADA improvements, and senior programs. As a contract City, Diamond Bar has utilized professional consultants to provide la bor and contract compliance services to oversee use of CDBG funds and ensure compliance with federal and CDC rules and regulations. On July 1, 2016, the City entered into a Consultant Services Agreement with DCA to administer the FY 2016-2017 CDBG program for a not-to-exceed amount of $20,284. The original Agreement included four one-year extension options. The City Council 6.3 Packet Pg. 46 exercised its first option, extending the expiration date to June 30, 2018, and increasing the not-to-exceed amount by $35,100 to cover projected administrative fees for FY 2017-2018. DCA Principal Diana Cho has served the City in a skillful, professional and cost - effective manner. Her expertise in the complexities of CDBG administration has ensured that the City remains in good standing with the CDC. Based on her successful performance, it is recommended that the City Council grant the second of four optional one-year extensions through June 30, 2019. The proposed fee amount of not -to- exceed $24,000 is reasonable to administer and manage the $250,000 CDBG Program for FY 2018-2019. LEGAL REVIEW: The City Attorney has reviewed and approved the attached draft Second Amendment to the Consulting Services Agreement. PREPARED BY: Attachments: 1. 6.3.a Second Amendment to Diana Cho Consulting Services Agreement 6.3 Packet Pg. 47 1293503.1 SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT This Second Amendment to Consultant Services Agreement (“Second Amendment”) is made and entered into as of June 19, 2018, by and between the City of Diamond Bar, a municipal corporation (“City”), and Diana Cho and Associates, a sole proprietorship (herein referred to as the “Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of July 1, 2016, which is incorporated herein by this reference (“Original Agreement”); and B. The City and the Consultant entered into that certain First Amendment dated as of June 20, 2017, which is incorporated herein by this reference (“First Amendment”); and C. The City and the Consultant desire to amend the Agreement as provided herein. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Consultant’s Services. Section 1 of the Original Agreement is hereby amended to name Greg Gubman, Community Development Director, as the City’s Project Manager. 3. Term. The Term of the Original Agreement as set forth in Section 2 therein is from July 1, 2016 to June 30, 2017. The First Amendment extended the Term of the Original Agreement to June 30, 2018. This Second Amendment extends the Term up to and including June 30, 2019. 4 Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of TWENTY THOUSAND TWO HUNDRED EIGHTY FOUR Dollars ($20,284). The First Amendment amended Section 3 of the Original Agreement to provide for an increase of THIRTY FIVE THOUSAND ONE HUNDRED Dollars ($35,100), so that the not-to-exceed compensation, as amended by the First Amendment, was increased to FIFTY FIVE THOUSAND THREE HUNDRED EIGHTY FOUR Dollars ($55,384). Section 3 of the Original Agreement is hereby amended to provide for an increase of TWENTY FOUR THOUSAND Dollars ($24,000) so that the total not-to-exceed compensation, as amended by this Second Amendment shall not exceed SEVENTY NINE THOUSAND THREE HUNDRED EIGHTY FOUR Dollars ($79,384) without the prior authorization of the City. 6.3.a Packet Pg. 48 5. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and sup ersede all prior negotiations between the parties with respect hereto. This Second Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that the re is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Agreement, the terms and provisions of this Second Amendment shall control. IN WITNESS hereof, the parties enter into this Second Amendment on the year and day first above written. “CONSULTANT” “CITY” DIANA CHO AND ASSOCIATES CITY OF DIAMOND BAR *By: By: Diana Cho Ruth M. Low, Mayor Principal ATTEST: Tommye Cribbins, City Clerk APPROVED AS TO FORM: David A. DeBerry, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than o ne corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 6.3.a Packet Pg. 49 Agenda #: 6.4 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC. (DEA) TO PROVIDE LANDSCAPE PLAN CHECKING SERVICES THROUGH JUNE 30, 2019. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Approve, and authorize the Mayor to sign, the Second Amendment to Consultant Services Agreement with DEA granting the first of two optional one -year extensions to June 30, 2019. FINANCIAL IMPACT: There is no financial impact to the City in that costs associated with DEA’s landscape plan checking services are funded through application and processing fees paid to the City by project applicants. Consistent with the terms of the current Agreement, the Consultant would be authorized to submit invoices to the City for a not-to-exceed amount of $125,000 for FY 2018-2019. BACKGROUND/DISCUSSION: On June 2, 2015, the City executed a three -year Consulting Services Agreement with DEA to provide landscape plan checking services for a not-to-exceed amount of $75,000 per fiscal year. That Agreement, which expires on June 30, 2018, allows for the City to grant up to two (2) one-year extensions. On February 16, 2016, the City Council approved the First Amendment to the Agreement, increasing the annual not-to-exceed amount to $125,000. The increase was necessary to cover the additional resources necessary related to larger and more complex projects, such as Willow Heights, Millennium and South Pointe. More generally, California’s updated water-efficient landscape regulations require contemporary landscape plans to be more technically complex than before, and are 6.4 Packet Pg. 50 more time consuming to plan check and inspect. Based on successful performance and for development application processing consistency, it is recommended that the City Council grant the first of two optional one - year extensions through June 30, 2019. The proposed Second Amendment also names DEA Vice President and Landscape Architect Kim Rhodes as the Project Manager. The original agreement named Landscape Architect Greg Clark as project manager who recently left DEA in May 2018 to pursue other opportunities in the profession. Ms. Rhodes has been with DEA for over 32 years , has served the City well on a variety of parks and public works projects, and staff is confident that Ms. Rhodes will continue to do so as Mr. Clark’s successor. LEGAL REVIEW: The City Attorney has reviewed and approved the attached draft Second Amendment to the Consulting Services Agreement. PREPARED BY: REVIEWED BY: Attachments: 1. 6.4.a 2ND AMEND TO CON AGMT - 06-20-2018 6.4 Packet Pg. 51 1293495.1 SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT This Second Amendment to Consultant Services Agreement (“Second Amendment”) is made and entered into as of June 20, 2018, by and between the City of Diamond Bar, a municipal corporation ( “City”), and David Evans and Associates, Inc., an Oregon corporation (herein referred to as the “Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of June 2, 2015, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant entered into that certain First Amendment dated as of February 16, 2016, which is incorporated herein by this reference (“First Amendment”), which First Amendment and Original Agreement collectively are referenced to herein as the “Agreement”); and C. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions thereof. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Term of Agreement. The Term of the Original Agreement as set forth in Section 2 therein is from July 1, 2015 to June 30, 2018. This Second Amendment extends the Term for an additional fiscal year from July 1, 2018, to June 30, 2019. 3. Personnel/Designated Person. Section 16 of the Original Agreement is hereby amended, to name KIM RHODES as the person who shall primarily perform the work product provided under the Original Agreement, except as otherwise authorized by the City’s Project Manager. 4. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Second Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Agreement, the terms and provisions of this Second Amendment shall control. IN WITNESS hereof, the parties enter into this Second Amendment on the year and 6.4.a Packet Pg. 52 day first above written. “CONSULTANT” “CITY” DAVID EVANS AND ASSOCIATES, INC. CITY OF DIAMOND BAR *By: By: Printed Name: Kim Rhodes Ruth M. Low, Mayor Title: Vice President ATTEST: Tommye Cribbins, City Clerk APPROVED AS TO FORM: David A. DeBerry, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 6.4.a Packet Pg. 53 Agenda #: 6.5 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: FOURTH AMENDMENT TO THE TENNIS INSTRUCTION SERVICE AGREEMENT WITH TENNIS ANYONE TO PROVIDE TENNIS INSTRUCTION CLASSES THROUGH JUNE 30, 2019. RECOMMENDATION: Approve, and authorize the Mayor to sign, the Fourth Amendment to the Tennis Instruction Service Agreement granting the fourth of five optional one -year extensions to June 30, 2019. FINANCIAL IMPACT: Sufficient funds are included in the FY 2018-2019 Parks and Recreation Budget to cover the cost of such services. Funds to pay for this contract come from revenue collected from participants in tennis instruction classes offered by the City’s Recreation Program. Total estimated revenue in FY 2018-2019 from tennis instruction is $100,000 in participant fees plus $7,000 in administrative fees for a total of $107,000 . Per the contract terms, Tennis Anyone receives 70% of participant fee revenues ($70,000) and the City receives 30% plus administrative fees ($37,000). Actual revenue and instructor payments depend on actual participant volume during FY 2018-2019. BACKGROUND/DISCUSSION: The City Council awarded a contract to Tennis Anyone on July 1, 2014 to provide youth and adult tennis classes in Diamond Bar for the period of July 1, 2014 through June 30, 2015. Section 2 of the contract allows the City Council to extend the contract on an annual basis for up to five (5) years if doing so is deemed to be in the best interest of the City. The City Council subsequently approved Amendment #1 on June 16, 2015, Amendment #2 on June 7, 2016 and Amendment #3 on June 20, 2017. Tennis Anyone has continued to provide quality tennis instruction programs for the Diamond Bar community, with consistent enrollment and revenue during the past four fiscal years. Staff therefore recommends that the City Council grant the fourth of five 6.5 Packet Pg. 55 one-year optional extensions through June 30, 2019 Fiscal Year in the amount not-to- exceed $70,000. LEGAL REVIEW: The City Attorney has reviewed and approved the draft Forth Amendment to the Agreement. PREPARED BY: REVIEWED BY: Attachments: 1. 6.5.a Fourth Amendment to Tennis Anyone Agreement 6.5 Packet Pg. 56 1293495.1 FOURTH AMENDMENT TO AGREEMENT FOR TENNIS INSTRUCTION This Fourth Amendment to Agreement for Tennis Instruction Service (“Fourth Amendment”) is made and entered into as of June 19, 2018, by and between the City of Diamond Bar, a municipal corporation (“City”), and Tennis Anyone, a California corporation ("Contractor") with reference to the following: A. The City and the Consultant entered into that certain Agreement for Tennis Instruction dated as of July 1, 2014, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions thereof. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Reserved. 3. Term. The Term of the Original Agreement as set forth in Section 2 therein is from July 1, 2014 to June 30, 2015. The First Amendment extended the term up to and including June 30, 2016. The Second Amendment extended the term up to and including June 30, 2017. The Third Amendment extended the term up to and including June 30, 2018. This Fourth Amendment extends the term up to and including June 30, 2019. 4. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of seventy thousand Dollars ($70,000.00). Section 3 of the Original Agreement was amended to provide for an increase of seventy thousand Dollars ($70,000.00) in the First, Second and Third Amendments each so that the total not- to-exceed compensation, as amended by this Fourth Amendment shall not exceed three hundred and fifty thousand Dollars ($350,000.00) without the prior authorization of the City. 5. Integration. This Fourth Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Fourth Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Fourth Amendment and the terms and provisions 6.5.a Packet Pg. 57 of the Original Agreement, the terms and provisions of this F ourth Amendment shall control. IN WITNESS hereof, the parties enter into this Fourth Amendment on the year and day first above written. “CONSULTANT” “CITY” Tennis Anyone CITY OF DIAMOND BAR *By: By: Printed Name: Mayor Ruth M. Low Title: *By: ATTEST: Printed Name: Title: Tommye Cribbins, City Clerk APPROVED AS TO FORM: David A. DeBerry, City Attorney 6.5.a Packet Pg. 58 Agenda #: 6.6 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: FIRST AMENDMENT TO AGREEMENT WITH VET-SEC PROTECTION AGENCY TO EXTEND THE CONTRACT PERIOD TO JULY 1, 2018 THROUGH SEPTEMBER 30, 2018. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve, and authorize the Mayor to sign, the First Amendment to the Agreement for Security Services, granting a three-month extension through September 30, 2018. FINANCIAL IMPACT: The total not-to-exceed amount of the Agreement for FY 2018-19 would be $20,000. Sufficient funds are included in the FY 2018-19 budget. BACKGROUND: On September 19, 2017, the City awarded a contract to Vet-Sec to provide security guards for private rentals at the Diamond Bar Center and Heritage Park Community Center and for City special events. Section 2 of the contract allows the City Council to extend the contract on an annual basis if doing so is deemed to be in the best interest of the City. Staff is seeking City Council approval to extend the contract for the period of July 1, 2018 through September 30, 2018. DISCUSSION: Security services are a required service for many private rental events at City facilities, particularly during the busy summer event season. Staff proposes to extend the current agreement for a period of three months to evaluate the performance of Vet-Sec and ensure the company is in compliance with contract terms and performance standards. If this amendment is approved, staff will return to the City Council to extend the agreement with Vet-Sec or select a new vendor. LEGAL REVIEW: The City Attorney has reviewed and approved the attached First Amendment to Agreement for Security Services. 6.6 Packet Pg. 59 PREPARED BY: REVIEWED BY: Attachments: 1. 6.6.a Vet-Sec Admendment #1 6.6 Packet Pg. 60 1293495.1 FIRST AMENDMENT TO AGREEMENT FOR SECURITY SERVICES This First Amendment to Agreement for Security Services (“First Amendment”) is made and entered into as of June 19, 2018, by and between the City of Diamond Bar, a municipal corporation (“City”), and Vet-Sec Protection Agency a California corporation ("Contractor") with reference to the following: A. The City and the Consultant entered into that certain Agreement for Security Services dated as of September 19, 2017, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions thereof. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Reserved. 3. Term. The Term of the Original Agreement as set forth in Section 2 therein is from September 19, 2017 to June 30, 2018. This First Amendment extends the Term up to and including September 30, 2018. 4. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of thirty-five thousand Dollars ($35,000.00). Section 3 of the Original Agreement is hereby amended to provide for an increase of twenty thousand Dollars ($20,000.00) so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed fifty-five thousand Dollars ($55,000.00) without the prior authorization of the City. 5. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. IN WITNESS hereof, the parties enter into this First Amendment on the year and 6.6.a Packet Pg. 61 day first above written. “CONSULTANT” “CITY” Vet-Sec Protection Agency CITY OF DIAMOND BAR *By: By: Printed Name: Ruth M. Low, Mayor Title: *By: ATTEST: Printed Name: Title: Tommye Cribbins, City Clerk APPROVED AS TO FORM: David A. DeBerry, City Attorney 6.6.a Packet Pg. 62 Agenda #: 6.7 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: FIRST AMENDMENT TO THE CONTRACTOR SERVICES AGREEMENT WITH AMERICAN CAB CO. LLC, DBA YELLOW CAB, TO PROVIDE SENIOR TRANSPORTATION SERVICES THROUGH JUNE 30, 2019. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Approve, and authorize the Mayor to sign, the First Amendment to the Contractor Services Agreement with American Cab Co. LLC, DBA Yellow Cab, granting the first of two optional one-year extensions to June 30, 2019. FINANCIAL IMPACT: Sufficient funds are included in the FY 2018-2019 Budget to cover such services in the approximate amount of $350,000 annually which is funded exclusively through Proposition C Local Return Funds. BACKGROUND: The City’s Diamond Ride (or “dial-a-cab”) program was originally established in April 1995 to provide supplemental transportation for residents 60 years and older (“seniors”) or disabled adults 18 years and older. The City has modified the prog ram over the years to improve service and ensure fiscal sustainability, with the most recent program modifications going into effect in December 2014. The Diamond Ride program has approximately 1,200 active cardholders and provides over 20,000 tips annually. The program operates from 7am-8pm daily, and riders can use 30 one-way or 15 round trips per month. The City’s existing service boundaries include:  Service Area 1 ($.50): Trips to/from any destination within Diamond Bar city limits. 6.7 Packet Pg. 63  Service Area 2 ($1.50): Trips to/from medical facilities approximately five miles beyond Diamond Bar city limits, and also includes the St. Jude Hospital Medical Campus in Fullerton and Pomona Valley Hospital Medical Campus.  Trips extending beyond the established service area boundaries are subject to a $2.50 cab fare in addition to the regular Diamond Ride fare for the specified trip (known as a “cab conversion”). DISCUSSION: The current Diamond Ride agreement with American Cab (dba Yellow Cab) has been in effect since 2015. Over the last three years with American Cab, program costs have ranged from approximately $298,000 to $318,000 annually. Diamond Ride program guidelines were modified in November 2014 to make the program financially sustainable. As shown in the chart below, annual costs have been reduced by approximately $200,000 annually since implementation. Diamond Ride Monthly Costs Monthly Average Annual Total FY2017-18* $26,516.20* $318,194.40* FY2016-17 $25,385.27 $304,623.20 FY2015-16 $24,799.26 $297,591.09 FY2014-15 $36,996.33 $443,955.98 FY2013-14 $47,328.43 $567,940.12 *Costs based on first nine months of the fiscal year. The current Diamond Ride agreement with American Cab included a three year initial term through June 30, 2018, with two annual extensions should the provider meet performance standards. Based on their successful performance, it is recommended that the City Council grant the first of two one -year optional extensions through June 30, 2019. LEGAL REVIEW: The City Attorney has reviewed and approved the attached First Amendment to the Contractor Services Agreement. PREPARED BY: 6.7 Packet Pg. 64 REVIEWED BY: Attachments: 1. 6.7.a First Amendment to American Cab Contractor Services Agreement 6.7 Packet Pg. 65 6.7.a Packet Pg. 66 6.7.a Packet Pg. 67 Agenda #: 6.8 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH SIMPSON ADVERTISING, INC. FOR GRAPHIC DESIGN SERVICES THROUGH JUNE 30, 2019. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve, and authorize Mayor to sign, the Third Amendment to Consultant Services Agreement with Simpson Advertising, Inc. granting the second of three optional one - year extensions through June 30, 2019. FINANCIAL IMPACT: The total not-to-exceed amount of the Agreement for FY 2018-2019 would be $71,515, which includes $31,515 ($28,650 plus a 10% contingency) for the production of the City’s newsletter and recreation guide, and $40,000 for as-needed marketing, design and production services. Sufficient funds are included in the FY 2018-2019 Public Information and Diamond Bar Center Budgets to cover such services. BACKGROUND/DISCUSSION: At its regular meeting of July 19, 2016, the City Council approved a one-year Agreement with Simpson Advertising, Inc. to provide graphic design services for the production of the City’s Diamond Bar Connection newsletter and recreation activities guide. The Agreement provides for up to three one -year optional extensions. The City Council exercised its first option extending the Agreement to June 30, 2018. In addition to the production of the newsletter and the recreation activities guide, Simpson has also been tasked with the design of new marketing material for the Diamond Bar Center and annual bridal show, production of the annual calendar and services guide and installation of additional artwork for the Through My Lens photo contest gallery located on the first floor of City Hall. Other new projects completed by Simpson include the Diamond Bar Center logo. 6.8 Packet Pg. 68 Simpson has consistently produced professional, high -quality marketing materials on a quick turnaround and at competitive rates. Based on their successful performance, it is recommended that the City Council grant the second of three optional one-year extensions through June 30, 2019. LEGAL REVIEW: The City Attorney has reviewed and approved the draft Third Amendment to the Consultant Services Agreement. PREPARED BY: REVIEWED BY: Attachments: 1. 6.8.a Third Amendment to Simpson Advertising Consultant Services Agreement 2. 6.8.b Exhibit_A_3rd AmendmentSimpson 6.8 Packet Pg. 69 1293503.1 THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT This Third Amendment to Consultant Services Agreement (“Second Amendment”) is made and entered into as of June 19, 2018, by and between the City of Diamond Bar, a municipal corporation (“City”), and Simpson Advertising, Inc. a California Corporation, (herein referred to as the “Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of August 1, 2016, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant entered into that certain First Amendment dated as of June 20, 2017, and Second Amendment dated July 18, 2017 , which are incorporated herein by this reference (“First Amendment”) and (“Second Amendment”), which First Amendment and Second Amendment and Original Agreement collectively are referred to herein as the "Agreement"); C. The City and the Consultant desire to amend the Agreement as provided herein. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Scope of Services. The Scope of Services, Exhibit "A" to the Original Agreement, First Amendment and Second Amendment, is hereby amended, modified and supplemented to include the services described on Exhibit "A" dated May 30, 2018 attached hereto and incorporated herein by this reference. 3. Term. The Term of the Original Agreement as set forth in Section 2 therein is from August 1, 2016 to July 30, 2017, with an option to renew for up to three one-year terms. This Third Amendment extends the Term up to and includi ng June 30, 2019. 4 Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of sixty-one thousand, seven hundred and sixty-two dollars ($61,762). Section 3 of the First Amendment amended Section 3 of the Original Agreement to provide for an increase of six-thousand dollars ($6,000), for a total not -to- exceed sum of sixty-seven thousand, seven hundred and sixty-two dollars ($67,762). Subsequently, Section 3 of the Second Amendment amended Section 3 o f the Agreement to provide for an increase of seventy thousand dollars ($70,000), for a total compensation 6.8.a Packet Pg. 70 amount of one hundred and thirty-seven thousand dollars ($137,000). This Third Amendment amends Section 3 of the Agreement to provide for an increas e of seventy-one thousand, five hundred and fifteen dollars ($71,515 ), so that total not-to- exceed compensation, as amended by this Third Amendment, shall n ot exceed two- hundred and eight thousand, five hundred and fifteen dollars ($208,515) without prior authorization of the City. 5. Integration. This Third Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all prior negotiations between the parties with respect hereto. This Third Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Third Amendment and the terms and provisions of the Agreement, the terms and provisions of this Third Amendment shall control. IN WITNESS hereof, the parties enter into this Third Amendment on the year and day first above written. “CONSULTANT” “CITY” [Insert Full Name of Consultant] CITY OF DIAMOND BAR *By: By: Printed Name: Jeffrey D. Simpson Ruth M. Low Title: President Mayor *By: ATTEST: Printed Name: Debra A. Baker Title: Corporate Secretary Tommye Cribbins, City Clerk APPROVED AS TO FORM: City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 6.8.a Packet Pg. 71 Issued: May 30, 2018 GRAPHIC DESIGN SERVICES THE CITY OF DIAMOND BAR DB CONNECTION NEWSLETTER, RECREATION GUIDE & MISCELLANEOUS PROJECTS June 6, 2018 Marsha Roa City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Dear Ms. Marsha Roa, We appreciate the opportunity to submit a graphic design services proposal for Diamond Bar‘s DB Connection publications and miscellaneous projects. Our creative talents and dependable service, coupled with over 40 years of experience in working with municipalities (14 years with the City Diamond Bar), make us a perfect fit for Diamond Bar’s graphic design services needs. We are very pleased to submit our proposal and look forward to more opportunities to provide stellar graphic design services for Diamond Bar. Project Description The City of Diamond Bar’s monthly newsletter, DB Connection, is to be delivered to residents and businesses in a four (4) page format nine (9) times per year and three (3) times per year it is expanded to thirty-two (32) pages to include the recreation activities guide. City staff will provide vendor with content in a Word document and some photos/graphic files electronically. Vendor may be asked to secure additional stock images to complete project as agreed to by City staff. Vendor shall provide to City graphic design and layout of newsletter and/or recreation guide with same format and design of current publications and as follows: two (2) proofs, a draft and a second draft with corrections as provided by City staff. Once approved, packaged files are to be sent to printer electronically. Staff will coordinate production schedule with vendor upon award of contract. Specifications for design of the following projects: Newsletter (DB Connection) – Nine (9) times per year 4-Page Newsletter size: 17” x 11” folded & trimmed to 8.5” x 11”, 4/4 process with bleeds on 80# gloss book. Recreation Guide – Three (3) times per year 32-Page self-cover Recreation Guide size: 17” x 11”, 3-knife trim to finished size of 8.5” x 11”, saddle stitched on 11” side, 4/4 process with bleeds on 70# gloss book. 6.8.b Packet Pg. 72 Miscellaneous Projects – Vendor may be asked for design assistance in miscellaneous projects, such as logo design and collateral items; informational brochures, banners, flyers, postcards, etc. Fees Simpson Advertising is pleased to provide costs per issue for newsletter and recreation guide. DB Connection Newsletter - 9 times per year Design & Layout Cost per Issue ...................................$ 1,575.00* Graphic Services Total for 9 Issues ........................$ 14,175.00* Recreation Guide – 3 times per year Design & Layout Cost per Issue ...................................$ 4,825.00* Graphic Services Total for 3 Issues ........................$ 14,475.00* ______________ Graphic Services Grand Total ................................$ 28,650.00* Additional client edits beyond second draft: Cost per Issue per hour ..................................................$ 75.00* Hourly rates for miscellaneous graphic design projects: Design per hour ....................................................................$ 150.00* Production per hour ............................................................$ 125.00* *Does not include sales tax where applicable or stock photography. Thanks again for the opportunity to submit a graphic design services proposal for DB Connection publications and miscellaneous projects. We look forward to working with you in assisting the City of Diamond Bar. Best regards, Jeff Simpson, President (562) 949-9780, Ext. 1 Jeff@Simpsonadvertisinginc.com Debbie Baker, Corporate Secretary (562) 949-9780, Ext. 2 Cell (562) 400-4635 Debbie@Simpsonadvertisinginc.com 6.8.b Packet Pg. 73 Agenda #: 6.9 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: NEWSLETTER AND RECREATION GUIDE PRINTING EXPENDITURES WITH BOSS LITHO FOR FY 2018-2019. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve, and authorize the City Manager to issue, a purchase order for newsletter and recreation guide printing and mailing services in the amount of $53,949, plus an additional ten percent contingency of $5,394.90, for a total not -to-exceed amount of $59,343.90 to BOSS Litho for FY 2018-2019. FINANCIAL IMPACT: There are sufficient appropriated funds for this expenditure in the FY 18 -19 Adopted Budget. BACKGROUND/DISCUSSION: A key component of the City’s community outreach efforts is a monthly newsletter titled Diamond Bar Connection. This newsletter serves as the consistent, primary source of printed communication between the City and its residents and businesses. Produced in full-color, Diamond Bar Connection is issued as a four-page publication nine months out of the year, and increased to 32 pages the remaining three months to include the seasonal community recreation guide. It is mailed to approximately 2 2,000 addresses, and extra copies are printed for placement on information racks in various City facilities and distribution at City special events. As required by the purchasing ordinance, the City solicited written bids from twenty-two local commercial printers, from those, eight submitted qualified bids as follows: 6.9 Packet Pg. 74 BIDDER BID AMOUNT BOSS LITHO $53,949 NORTHPOINT AMERICA, INC. $54,300 MAIN GRAPHICS $64,927 ACP PUBLICATIONS AND MARKETING $67,413 LOMBARD GRAPHICS $71,236 SIMPSON ADVERTISING, INC. $71,850 CENVEO $72,084 SUPER PRINT LA $82,146 After review of all bids, staff determined that BOSS Litho is the most responsible bidder and recommends that this vendor be selected to print and provide mailing services for the distribution of the City’s newsletter and recreation guide for FY 2018-2019. PREPARED BY: REVIEWED BY: Attachments: 1. 6.9.a PrinterBids201819 6.9 Packet Pg. 75 6.9.a Packet Pg. 76 Agenda #: 6.10 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: FIRST AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH B & T CATTLE TO PROVIDE BRUSH CONTROL IN LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT # 41 THROUGH JUNE 30, 2019. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Approve, and authorize the Mayor to sign, the First Amendment to the Maintenance Services Agreement with B & T Cattle granting an optional one -year extension through June 30, 2019. FINANCIAL IMPACT: The total not-to-exceed amount of the Agreement for FY 2018-2019 would be $19,450. Sufficient funds are included in the FY 2018-2019 Landscape and Lighting Assessment District (LLAD) #41 Budget to cover the cost of these services. BACKGROUND/ DISCUSSION: On June 1, 2016 the City entered into a Maintenance Services Agreement with B & T Cattle to provide brush control (Fire Brushing) utilizing goats and sheep in LLAD #41. That Agreement, which is set to expire on June 30, 2018, allows the City to extend the term of the Agreement one additional year for a total of three years. The proposed one-year extension for FY 2018-2019 would be at the same annual rate of $19,540 as the previous two years. Over the past 10 years, the City has utilized B & T Cattle to perform cost effective fire brush clearance in hard to access locations throughout LLAD #41 with great success. Based on their successful performance, it is recommended that the City Council grant the optional one-year extension through June 30, 2019. 6.10 Packet Pg. 77 LEGAL REVIEW: The City Attorney has reviewed and approved the attached First Amendment to the Maintenance Services Agreement. PREPARED BY: Attachments: 1. 6.10.a First Amendment to B&T Cattle Maintenance Services A greement 6.10 Packet Pg. 78 1293495.1 FIRST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT This First Amendment to Maintenance Services Agreement (“First Amendment”) is made and entered into as of June 19, 2018, by and between the City of Diamond Bar, a municipal corporation (“City”), and B & T Cattle, a sole proprietor (herein referred to as the “Contractor”) with reference to the following: A. The City and the Contractor entered into that certain Maintenance Services Agreement dated as of June 1, 2016, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions thereof. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Reserved. 3. Term. The Term of the Original Agreement as set forth in Section 2 therein is from June 1, 2016 to June 30, 2018. This First Amendment extends the Term up to and including June 30, 2019. 4. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of nineteen thousand five hundred forty dollars per year ($19,540.00). Section 3 of the Original Agreement is hereby amended to provide for an increase of zero dollars ($0) so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed nineteen thousand five hundred forty dollars per year ($19,540.00) without the prior authorization of the City. 5. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written. 6.10.a Packet Pg. 79 "CONTRACTOR" B & T Cattle "By: r Printed Name: *By: Printed Name: Title: "NOTE:lf Consultant is a corporation, the City requir* the (1) the Chairman of the Board,lhe president r Chief Financial Officer, the Trcasurer, anonly one corporate officer exists or one office, please so indicate. OR The corporate officer n{med in a Agreement. A copy of the corporate execution of the Agreement, must be provided 1293495.1 I OF DIAMOND BAR Ruth M. Low Cribbins, City Clerk AS TO FORM: D. DeBerry, City Attorney signature(s): a Vice-President, AND (2) the Secretary, thetant Secretaty or an Assr.sfanf Treasuier. lf officer holds more than one corporate resolution as authorized to enter into this certified by the Secretary close in time to the the City. 6.10.a Packet Pg. 80 Agenda #: 6.11 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: FIRST AMENDMENT TO CROSSING GUARD AGREEMENT WITH AMERICAN GUARD SERVICES, INC. TO INCREASE THE SCOPE OF SERVICE. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Approve, and authorize the Mayor to sign, the First Amendment to the Crossing Guard Agreement with American Guard Services, Inc. to add two (2) additional crossing guards to the approved scope of work, thereby increasing the comp ensation amount for the balance of the Agreement. FINANCIAL IMPACT: The current Agreement provides for an hourly rate of $16.90 in FY 2018-2019 and $18.22 in FY 2019-2020, with a three-hour maximum per day per site. The annual expenditure would increase by $18,252 to $173,394 in FY 2018-2019, and would increase by $19,677.60 to $186,937.60 in FY 2019-2020 with the proposed additional two (2) crossing guards to the existing contract. This estimate does not include summer school services. Sufficient funds have been included in the FY 2018-2019 Public Safety Budget to provide for such services, including the proposed two additional crossing guards. BACKGROUND/DISCUSSION: American Guard Services, Inc. has been providing reliable crossing guard services since 2017. Crossing guard services are provided to aid in the safety of school-aged pedestrians when crossing streets in the vicinity of schools. The City requires all crossing guards to be properly trained and supervised in order to carry out their responsibilities. 6.11 Packet Pg. 81 The following is a list of locations for schools within the Walnut Valley and Pomona Unified School Districts currently being served by America Guard Service s, Inc. crossing guards for a period of three hours of service per day: Walnut Valley Unified School District 1. Castle Rock Elementary Cold Springs Lane & at front of school 2. Castle Rock Elementary Castle Rock Road & Cold Springs Lane 3. Evergreen Elementary Harmony Hill Drive & Evergreen Springs 4. Evergreen Elementary Pathfinder Road & Evergreen Springs 5. Maple Hill Elementary Maple Hill Park & Maple Hill Road (in front of school) 6. Walnut Elementary Golden Springs Drive & Lemon Avenue 7. Walnut Elementary Glenwick Drive & Lycoming Drive 8. Quail Summit Elementary Quail Summit Drive & Winterwood Lane 9. Quail Summit Elementary Forrest Canyon near Park (mid-block) 10. Chaparral Middle School Diamond Bar Blvd & Mountain Laurel Way Pomona Unified School District 11. Diamond Point Elementary Golden Springs & Sunset Crossing Road 12. Diamond Point Elementary Sunset Crossing Road & Del Sol Lane 13. Golden Springs Elementary Ballena Drive & Meadow Falls Drive 14. Golden Springs Elementary El Encino Drive & Prospect Valley Drive 15. Neil Armstrong Elementary Beaverhead Dr. & Cottonwood Cove Dr. 16. Neil Armstrong Elementary Clearview Crest Drive & Chicora Drive 17. Lorbeer Middle School Diamond Bar Blvd. & Golden Springs Dr. In response to observing crossing patterns of school aged children attending Walnut Elementary and Maple Hill Elementary, the Walnut Valley Unified School District (WVUSD) performed a crossing guard warrant analysis at the intersections of Blenbury Drive/Maple Hill Road and Glenwick Avenue/Northampton Avenue (See attached vicinity maps.) WVUSD’s traffic consultant, Kunzman Associates, Inc., performed the analysis at each of the locations in accordance with the California Manual on Uniform Traffic Control Devices (MUTCD) and determined that the two additional crossing guards were warranted and therefore recommended to be implemented. The reports were submitted to the City for review and t he City’s traffic engineering consultant reviewed the reports, found them to be satisfactory and concurred with the implementation of two additional guards at the respective locations. In an effort to continue to provide crossing guard services for school aged children at roadway crossings near schools, it is recommended that City Council approve the First Amendment with American Guard Services, Inc. to provide two (2) additional crossing guards at the above mentioned locations. LEGAL REVIEW: The City Attorney has reviewed and approved the draft First Amendment to the Crossing Guard Agreement. 6.11 Packet Pg. 82 PREPARED BY: REVIEWED BY: Attachments: 1. 6.11.a First Amendment to Crossing Guard Agreement with American Guard Services 2. 6.11.b Blendbury Drive & Maple Hill Road - Vicinity Map 3. 6.11.c Glenwick Avenue & Northampton Street - Vicinity Map 6.11 Packet Pg. 83 FIRST AMENDMENT TO AGREEMENT FOR CROSSING GUARD SERVICES This First Amendment to Agreement for Crossing Guard Services is made and entered into as of June 19, 2018, by and between the City of Diamond Bar, a municipal corporation (“City”), and American Guard Services, Inc., a California corporation (herein referred to as the “Contractor”) with reference to the following: A. The City and the Contractor entered into that certain Public Works Agreement dated as of June 6, 2018, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Scope of Services. The Scope of Work, Exhibit "A" to the Original Agreement, is hereby amended, modified and supplemented to include the work described on Exhibit "A" attached hereto and incorporated herein by this reference. 3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of One Hundred Fifty Five Thousand One Hundred Forty Two Dollars ($155,142) for Fiscal Year 2018-2019 and One Hundred Sixty Seven Thousand Two Hundred Sixty Dollars ($167,260) for Fiscal Year 2019-2020. Section 3 of the Original Agreement is hereby amended to provide for an increase of Eighteen Thousand Two Hundred Fifty Two Dollars ($18,252) for Fiscal Year 2018-2019 and Nineteen Thousand Six Hundred Seventy Seven Dollar and Sixty Cents ($19,677.60) for Fiscal Year 2019-2020, so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed One Hundred Seventy Three Thousand Three Hundred Ninety Four Dollars ($173,394) For Fiscal Year 2018-2019 and One Hundred Eighty Six Thousand Nine Hundred Thirty Seven Dollar and Sixty Cents ($186,937.60) for Fiscal Year 2019-2020 without the prior authorization of the City. 4. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. 6.11.a Packet Pg. 84 6.11.a Packet Pg. 85 6.11.a Packet Pg. 86 EXHIBIT "A" StreetBlenbury Drive/Maple Hill Road Glenwick Avenue/Northampton Street 6.11.a Packet Pg. 87 Vicinity Map Location 6.11.b Packet Pg. 88 Vicinity Map Location6.11.cPacket Pg. 89 Agenda #: 6.12 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: THIRD AMENDMENT TO MAINTENANCE SERVICES AGREEMENT WITH GUARANTEED JANITORIAL SERVICE, INC. TO PROVIDE JANITORIAL MAINTENANCE SERVICES AT CITY FACILITIES THROUGH JUNE 30, 2019. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve, and authorize the Mayor to sign, the Third Amendment to the Maintenance Services Agreement with Guaranteed Janitorial Service, Inc. granting the second of two optional one-year extensions through June 30, 2019, including a Consumer Price Index (CPI) increase of 2.4% for FY 2018-2019. FINANCIAL IMPACT: The total not-to-exceed amount of the Agreement for FY 2018-2019 would be $145,291.46. Sufficient funds are included in the FY 2018-2019 Public Works Operating Budget to cover such services. BACKGROUND/ DISCUSSION: On October 1, 2016 the City entered into a Maintenance Services Agreement with Guaranteed Janitorial Service, Inc. to provide janitorial maintenance services at City maintained facilities such as the City Hall/Library Civic Building, Diamond Bar Center, Heritage Park Community Room and Pantera Park Activity Room. The original agreement contains a provision which allows the City to extend the term of the agreement for no more than three years. The Agreement is set to expire on June 30, 2018. On May 8, 2018, Guaranteed Janitorial Service, Inc. submitted a request for a Consumer Price Index (CPI) increase in the amount of 2.4% that would go into effect on July 1, 2018. Consistent with the terms of the original Agreement, City Council authorization of the CPI increase is required. The contract amount for FY 2018-2019 is 6.12 Packet Pg. 90 proposed to be $145,219.46, which includes the requested 2.4% CPI increase of $3,999.99. Over the past two years Guaranteed Janitorial has continued to provide excellent service and has proven their ability to meet the expectations of the City. Based on the their successful performance, it is recommend that the City Council grant the second of two optional one-year extensions through June 30, 2019, including the requested CPI increase. LEGAL REVIEW: The City Attorney has reviewed and approved the attached Third Amendment to the Maintenance Services Agreement. PREPARED BY: REVIEWED BY: REVIEWED BY: Attachments: 1. 6.12.a Third Amendment to Guaranteed Janitorial Services Agreement 2. 6.12.b Consumer Price Index (CPI) Request 6.12 Packet Pg. 91 1293495.1 THIRD AMENDMENT TO MAINTENANCE SERVICES AGREEMENT This Third Amendment to Maintenance Services Agreement (“Third Amendment”) is made and entered into as of June 19, 2018, by and between the City of Diamond Bar, a municipal corporation (“City”), and Guaranteed Janitorial, Inc. (herein referred to as the “Consultant”) with reference to the following: A. The City and the Contractor entered into that certain Maintenance Services Agreement dated as of October 1, 2016, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions thereof. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Reserved. 3. Term. The Term of the Original Agreement as set forth in Section 2 therein is from October 1, 2016 to June 30, 2018. This Third Amendment extends the Term up to and including June 30, 2019. 4. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement, as amended by the First Amendment and Second Amendment, was the sum of Two Hundred Fifty-One Thousand, Sixty-One Dollars and Eighty-Eight Cents ($251,061.88). Section 3 of the Agreement is hereby amended to provide for an increase in compensation of One Hundred Forty-Five Thousand Two Hundred Nineteen Dollars and Forty-Six Cents ($145,219.46) for services provided in FY 2018 -2019. The total not to exceed compensation for the Agreement, as amended by this Third Amendment, shall not exceed Three Hundred Ninety-Six Thousand Two Hundred, Eighty- One Dollars and Thirty-Four Cents ($396,281.34) without the prior written authorization of the City. 5. Integration. This Third Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Third Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Third Amendment and the terms and provisions 6.12.a Packet Pg. 92 of the Original Agreement, the terms and provisions of this Third Amendment shall control. IN WITNESS hereof, the parties enter into this Third Amendment on the year and day first above written. “Contractor” “CITY” GUARANTEED JANITORIAL SERVICES, INC. CITY OF DIAMOND BAR *By: By: Printed Name: Ruth M. Low Title: Mayor *By: ATTEST: Printed Name: Title: Tommye Cribbins, City Clerk APPROVED AS TO FORM: David A. DeBerry City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 6.12.a Packet Pg. 93 6.12.b Packet Pg. 94 Agenda #: 6.13 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: FOURTH AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH FEHR & PEERS FOR ON-CALL ENGINEERING SERVICES THROUGH JUNE 30, 2019. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve, and authorize the Mayor to sign, the Fourth Amendment to the Consultant Services Agreement with Fehr & Peers for on -call engineering services in FY 2018- 2019. FINANCIAL IMPACT: The total not-to-exceed amount of the Agreement for FY 2018-2019 would be $50,000. Sufficient funds are included in the FY 2018-2019 Public Works Operating Budget for contract engineering services. Compensation for the services under the Fourth Amendment will be billed at a discounted rate applied to Fehr & Peers’ standard billing rates as indicated in the proposal. BACKGROUND/DISCUSSION: A three (3) year contract for on-call traffic and transportation engineering services was approved by Council on October 4, 2016. Services provided by Fehr & Peers under this contract to date have included:  Lemon Ave. Interchange Project Management Services  Project assistance and technical review for the procurement of engineering services for the City’s Adaptive Traffic Control System  Preparation of an updated Report Card to monitor the performance of the City’s transportation System  Staff support in developing freeway improvement strategies for the SR57/60 Confluence Area 6.13 Packet Pg. 95 Amendment Nos. 1-3 increased the overall contract amount to $207,160. Current budget authorizations under the on-call agreement, including work efforts on the SR57/60 Confluence Project, will expire on June 30, 2018. As the Council is aware, design work on the SR57/60 mainline improvements will commence this year wit h the recent award of SB-1 grant funds. Therefore, Amendment No. 4 is being requested to authorize on-call services for FY 2018-2019 which includes continued support on the SR57/60 Confluence Project in the not-to-exceed amount of $50,000. Specific SR57/60 Confluence Support Services will include:  Represent the City’s interest in reviewing/guiding the SR57/60 Confluence Project which may include but not be limited to: o Reviewing traffic studies o Evaluating improvement options o Reviewing design plans o Developing improvement strategies  Assist the City to review and implement local circulation improvements at Diamond Bar Blvd./SR 60 interchange  Assist the City to develop funding strategies and prepare traffic studies for the recommended “missing elements” of the SR 57/60 Confluence Project.  Attend meetings and coordinate with other stakeholders including Caltrans and Metro as needed  Attend City Council Meetings and prepare presentation materials as needed to provide technical support to City Staff To ensure that the City remains actively involved and a leading jurisdiction in pursuing the implementation of the SR57/60 Confluence improvements, staff recommends approval of the Fourth Amendment to the Consultant Services Agreement with Fehr and Peers. LEGAL REVIEW: The City Attorney has reviewed and approved the draft Fo urth Amendment to the Consulting Services Agreement. PREPARED BY: 6.13 Packet Pg. 96 Attachments: 1. 6.13.a Amendment No. 4 - FEHR & PEERS 6.13 Packet Pg. 97 1 FOURTH AMENDMENT TO CONSULTANT SERVICES AGREEMENT This Fourth Amendment to Consultant Services Agreement (“Amendment No. 4”) is made and entered into as of June 19, 2018, by and between the City of Diamond Bar, a municipal corporation ( “City”), and Fehr & Peers, (herein referred to as the “Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of October 4, 2016, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions thereof. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Scope. The nature and scope of the specific services to be performed by Consultant are as described in Exhibits “A”, the Consultant’s Proposals dated June 1, 2018. 3. Term. The term of the Original Agreement remains unchanged. 4. Compensation. Section 3 of the Original Agreement is hereby amended to provide for an increase in the amount of Fifty Thousand Dollars ($50,000) for a total contract authorization amount of Two Hundred Seven Thousand, One Hundred Sixty Dollars ($207,160) without the prior authorization of the City. 5. Integration. This Fourth Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and superse de all negotiations with respect hereto. This Fourth Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any confl ict or inconsistency between the terms and provisions of this Fourth Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Fourth Amendment shall control. 6.13.a Packet Pg. 98 2 IN WITNESS hereof, the parties enter into this Fourth Amendment on the year and day first above written. “CONSULTANT” “CITY” Fehr & Peers CITY OF DIAMOND BAR By: By: Printed Name: Ruth M. Low, Mayor Title: By: ATTEST: Printed Name: Title: Tommye A. Cribbins, City Clerk APPROVED AS TO FORM: David A. DeBerry, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, and Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate office holds more than one corporate office, please so indicate OR -- The corporate office named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Steven J. Brown, PE Senior Vice President Marion Donnelly Cheif Financial Officer 6.13.a Packet Pg. 99 Agenda #: 6.14 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: STREET MAINTENANCE AND VEGETATION CONTROL SERVICES AGREEMENT WITH MCE CORPORATION THROUGH JUNE 30, 2021. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve, and authorize the Mayor to sign, the Street Maintenance and Vegetation Control Services Agreement with MCE Corporation for an initial three year term in an annual amount not-to-exceed $160,952.94. FINANCIAL IMPACT: The total annual contract amount with MCE Corporation would be $160,952.94 with fixed contract pricing for the first three years. Subsequent contract renewals up to three additional one-year extensions would be limited to the Consumer Price Index (CPI), subject to the approval of the City Council. Sufficient funds are included in the FY 2018- 2019 Public Works Operating Budget to cover such services and are funded through Gas Tax funds. BACKGROUND/DISCUSSION: The City currently contracts with MCE Corporation for street maintenance and vegetation control services. MCE has been providing services since July 2000 with the existing contract Amendment No. 6 set to expire on June 30, 2018. In April 2018, a Request for Proposals (RFP) was released for Street Maintenance and Vegetation Control Services. The RFP was posted on the City’s website and contractors had until April 5, 2018 to submit a response. The City received one proposal for consideration from MCE. The proposal was based on the scope of work that will include the following tasks performed along City arterials, collector/residential stre ets, Caltrans on/off ramps, and bi-weekly residential maintenance. 6.14 Packet Pg. 100 Minimum Standards of Performance: 1. Provide all needed resources including but not limited to labor, equipment, tools and materials for the performance of the work as directed by the City. 2. Provide the City with one (1) two-man crew on a daily basis. Contractor shall provide and include all resources required for these two workers to perform the work as assigned by the City and maintain the level of service the City requires. Work hours: 7:00 a.m. – 3:30 p.m., Monday through Friday 3. Provide the City with one (1) Landscape Dump Truck with mounted direction al arrow board. 4. Take responsibility for the performance of work in compliance with the work as directed by the City. 5. Provide all required resources to provide OSHA compliant performance including appropriate traffic control measures. 6. Perform all work in a thorough, competent, professional and workmanlike manner. 7. Workers shall be competent in all maintenance-related activities. Street Maintenance Services: 1. Litter pickup – 2 times per month 2. Empty bus stop overflow trash receptacles – as needed 3. Illegal dump removal – per request 4. Spill cleanup – per request 5. Storm patrol inspection/cleanup – rainy days 6. Residential slotted cross gutters cleanup – 2 times per month 7. Special events – per request 8. Caltrans On/Off ramps litter removal – 2 times per month Vegetation Control Services: 1. Brush removal – 1 time per month 2. Tree pruning – 2 times per month 3. Tree suckers pruning – 2 times per month 4. Tree staking – 1 time per month 5. Tree well covers – 1 time a month 6. Manual weed control – 2 times per month 7. Spot spray weeds – 1 time per month 8. Pre-emergent weed spray – 1 time per year 9. Backpack blower – sidewalk cleaning (day prior to street sweeping) 2 times per month 10. Clean/sweep paved medians – 1 time per month 11. V-ditch cleaning – per request MCE has proven to be a reliable service provider over the past eighteen years and has been determined to be prompt and efficient for the needs of the City. It is recommended that the City Council approve the three (3) year Agreement through June 30, 2021 with MCE Corporation to perform street maintenance and vegetation control services based on the company’s experience, work history and work performance . The 6.14 Packet Pg. 101 City Council would have the ability to approve up to three additional one-year extensions, with the potential for the rates to be increased by no more than the CPI. LEGAL REVIEW: The City Attorney has reviewed and approved the draft Agreement. PREPARED BY: REVIEWED BY: Attachments: 1. 6.14.a Street Maintenance/Vegetation Control Services Agreement with MCE 6.14 Packet Pg. 102 6.14.aPacket Pg. 103 6.14.aPacket Pg. 104 6.14.aPacket Pg. 105 6.14.aPacket Pg. 106 6.14.aPacket Pg. 107 6.14.aPacket Pg. 108 6.14.aPacket Pg. 109 6.14.aPacket Pg. 110 6.14.aPacket Pg. 111 6.14.aPacket Pg. 112 6.14.aPacket Pg. 113 6.14.aPacket Pg. 114 6.14.aPacket Pg. 115 6.14.aPacket Pg. 116 6.14.aPacket Pg. 117 6.14.aPacket Pg. 118 6.14.aPacket Pg. 119 6.14.aPacket Pg. 120 6.14.aPacket Pg. 121 Agenda #: 6.15 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. TO PROVIDE TREE CARE AND MAINTENANCE SERVICES THROUGH JUNE 30, 2021. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Adopt Resolution No. 2018-XX approving and authorizing the Mayor to execute a multi - year Maintenance Services Agreement with West Coast Arborists, Inc. for Tree Care and Maintenance Services in the annual not-to-exceed amount of $350,813. FINANCIAL IMPACT: The Agreement with WCA provides fixed unit pricing for the first three years. Rates for subsequent extensions up to three additional years will be limited to increases in the Consumer Price Index (CPI), subject to City Council approval. The total annual Agreement compensation would be based on the approved City Council appropriations as part of the Annual Budget process. The total not-to-exceed amount of the Agreement for FY 2018 -2019 would be $350,813. Sufficient funds are included in the FY 2018-2019 Budget to cover such services as follows:  Landscape Maintenance $225,513  LLAD #38 $6,500  LLAD #39 $95,400  LLAD #41 $23,400 Total $350,813 BACKGROUND/DISCUSSION: The City is responsible for the maintenance of an urban forest comprised of over 13,300 6.15 Packet Pg. 122 trees. To effectively maintain and manage the urban forest, approximately 2,700 trees are pruned annually to ensure that all City owned trees are pruned every five (5) years. Maintenance responsibilities include the daily maintenance, management, and emergency services for the urban forest. Maintenance services are completed on an annual, scheduled cycle for tree pruning as well as by-request tree pruning from the community. Additional services include tree planting, tree removals and emergency response services. On June 7, 2011, the City Council approved a one year contract with six (6) one year extensions with West Coast Arborists Inc. (WCA), to provide the City with a comprehensive tree care and maintenance program. The current agreement with WCA will expire on June 30, 2018. Staff is proposing a Maintenance Services Agreement with WCA by meeting the cooperative purchase (commonly referred to as “piggyback”) parameters which have already been made by using the competitive bidding procedures of another public agency. Section 3.24.070 (b) (4) of the City’s purchasing ordinance allows the City to “piggyback” onto similar contracts entered into by another government agency when, in the opinion of the purchasing manager, doing so is more cost efficient. On February 1, 2017, the City of Upland issued a Request for Proposals for Tree Care & Maintenance Services with a submission date of March 9, 2017. Five (5) prospective bidders attended a pre-bid meeting with two (2) companies submitting proposals by the March 9, 2017 deadline. The City of Upland Tree Advisory Committee reviewed the proposals and supported the recommendation of West Coast Arborists as the best qualified and most responsive bidder. WCA has a proven track record of providing comprehensive and cost effective tree maintenance programs to many cities and public agencies including Diamond Bar. WCA currently provides tree related services to the cities of Walnut, Chino Hills, La Puente, West Covina and nearly 240 other municipal clients. City staff reviewed recently submitted proposals for tree care and maintenance services received by other local cities in response to their request for proposals to ensure the rates submitted to Upland were the most cost efficient. Below is a comparison of Upland rates being proposed with this contract with the rates submitted to South Pasadena for typical services provided for a tree care and maintenance program. City of Upland South Pasadena Bid Date May 2017 February 2018 Grid Pruning $58.00 each $80.00 each Plant 24” Box Tree $245.00 each $305.00 each Service Request Pruning (dbh = Diameter at breast height)  0-6 dbh $58.00 each $60.00 each  7-16 dbh $98.00 each $120.00 each  17-24 dbh $148.00 each $260.00 each  25-36 dbh $298.00 each $320.00 each 6.15 Packet Pg. 123 Based on these findings staff has determined that it is in the best interest of the City to “piggyback” off of the existing City of Upland agreement with WCA using the same scope of services and unit rates provided for the contract being considered with Diamond Bar. The total annual not-to-exceed amount proposed to Upland is $885,805. The volume of trees to be maintained in Diamond Bar is less than that of Upland and therefore the total not-to-exceed amount is proposed at $350,813. Staff is recommending acceptance of the proposal by WCA for Tree Care and Maintenance Services for a contract period of three (3) years with a total not -to-exceed annual amount of $350,813 for the first three years. The City Council would have the ability to approve up to three additional one-year extensions, with the potential for the rates to be increased by no more than the CPI. LEGAL REVIEW: The City Attorney has reviewed and approved the draft Agreement. PREPARED BY: Attachments: 1. 6.15.a Resolution No. 2018-XX (Cooperative Purchase) 2. 6.15.b Tree Care and Maintenance Services Agreement with WCA 6.15 Packet Pg. 124 1321762.1 RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MULTI-YEAR MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORIST, INC. (WCA) FOR TREE MAINTENANCE SERVICES. WHEREAS, State Law requires the City to adopt procedures for the purchase of supplies, equipment and services by ordinance, but otherwise provides the City with significant flexibility to tailor its ordinance to meet the City’s needs; and WHEREAS, the City has adopted a Purchasing Ordinance (Chapter 3.24 of the Diamond Bar Municipal Code) meeting State law requirements; and WHEREAS, pursuant to Section 3.24.070(b)(4) of the Purchasing Ordinance, the City Council may authorize the City to purchase supplies, equipment or services by “piggybacking” on similar contracts entered into by another city pursuant to that city’s purchasing program when, in the opinion of the purchasing manager, doing so is more cost efficient; and WHEREAS, in 2017, following a competitive bid process conducted pursuant to its purchasing program, the City of Upland awarded a contract for tree care and maintenance services to West Coast Arborists, Inc.; and WHEREAS, West Coast Arborists, Inc. has agreed to enter into a contract with the City which provides the same general unit pricing and scope of services as set forth in West Coast Arborists’ contract with the City of Upland; and WHEREAS, the purchasing manager has determined that entering into a contract with West Coast Arborists, Inc. under such terms and conditions is more cost efficient than following the formal bidding process set forth in the Purchasing Ordinance. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Diamond Bar does hereby find and determine as follows: 6.15.a Packet Pg. 125 1321762.1 1. Based on the information provided by the City’s purchasing manager, the City Council finds that entering into an agreement with West Coast Arborists, Inc. for tree care and maintenance services according to the same terms and conditions as to price of the services as procured by the City of Upland is more cost efficient and in the best interest of the City. 2. The Maintenance Services Agreement between the City of Diamond Bar and West Coast Arborists, Inc. attached to this Resolution (“Agreement”) is hereby approved and the Mayor is hereby authorized to execute the Agreement on behalf of the City. PASSED, APPROVED AND ADOPTED THIS ____day of_____________, 2018. ___________________________ Ruth M. Low, 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 the regular meeting of the City Council of the City of Diamond Bar held on _____________, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ____________________________ Tommye Cribbins, City Clerk City of Diamond Bar 6.15.a Packet Pg. 126 6.15.b Packet Pg. 127 6.15.b Packet Pg. 128 6.15.b Packet Pg. 129 6.15.b Packet Pg. 130 6.15.b Packet Pg. 131 6.15.b Packet Pg. 132 6.15.b Packet Pg. 133 6.15.b Packet Pg. 134 6.15.b Packet Pg. 135 6.15.b Packet Pg. 136 6.15.b Packet Pg. 137 6.15.b Packet Pg. 138 Agenda #: 6.16 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CONSULTING SERVICES AGREEMENT WITH JOHN L. HUNTER & ASSOCIATES, INC. FOR MUNICIPAL NATIONAL POLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROFESSIONAL SERVICES THROUGH JUNE 30, 2021. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve, and authorize the Mayor to sign, the Consulting Services Agreement with John L. Hunter and Associates, Inc. (JLH) for a three year term, with an option to extend for an additional two years, in an annual not-to-exceed amount of $71,460. FINANCIAL IMPACT: The total not-to-exceed amount of the Agreement for FY 2018 -2019 would be $71,460, plus an increase in the Consumer Price Index annually therefore after. Sufficient funds are included in the FY 2018-2019 Public Works, Environmental Engineering Services, Budget to cover the cost of such services. For review and implementation of stormwater regulations on development related projects, funding will be provided through developer fees and deposits paid by the applicant prior to the plan/report review stage. BACKGROUND: On November 8, 2012 the California Regional Water Quality Control Board (“Board”), adopted the Municipal Separate Storm Sewer System (“MS4”) Permit (Order No. R4- 2012-0175), hereinafter referred to as “Permit”. The City is a permittee under the Permit issued by the Board, which establishes requirements for MS4 discharges within the coastal watersheds of Los Angeles County, except discharges originating from the City of Long Beach. The permit expired in December 2017 and a new permit has not been adopted. The 2012 permit remains in effect while a new permit is released for public review and input prior to adoption. 6.16 Packet Pg. 139 In October 2013 Council approved a Memorandum of Understanding (MOU) with the Los Angeles Gateway Water Management Authority (LAGWMA) to develop a WMP in cooperation with thirteen other local jurisdictions (Permittees). Together, the Permittees created a technical working group under the name of the Lower San Gabriel River Watershed Group (LSGRWG) and selected JLH to develop the WMP and Coordinated Integrated Monitoring Program (CIMP) as required by the Permit. The WMP and CIMP were approved in April 2015 by Los Angeles Regional Water Quality Control Board. Immediate implementation was required with full compliance of the WMP being achieved by 2026. In June 2015 Council approved an amendment to the MOU with the LAGWMA to implement the approved WMP and CIMP for the LSGRWG. JLH is under contract with the LSGRWG to manage implementation of the WMP and CIMP and provides regular oversight to the group to ensure that compliance milestones are being met. The WMP implementation is an ongoing task through the compliance ta rget year of 2026. Given the required effort to ensure compliance with the existing Permit, the approved WMP and CIMP, it is of critical importance that the City has a consultant that can actively participate and represent the City while ensuring that the City remains in compliance with the regulations through various tasks. Additionally, Los Angeles County’s draft proposal to implement a parcel tax to aid the County and cities within the County with funding for the stormwater mandates will require dilige nt These tasks include: 1. Watershed/TMDL and General NPDES Compliance Services 2. Private Land Development Stormwater Management Services 3. City Project Stormwater Management Services 4. Industrial/Commercial Facilities Services 5. Public Agency Activity Services and Public Information Program Services 6. Illicit Discharge and Elimination Services 7. Preparation and Submission of the MS4 NPDES Annual Report 8. QA/QC Program DISCUSSION: JLH has been providing stormwater compliance services for the City since March 2007 with the current Contract Amendment No. 3 set to expire on June 30, 2018. In an effort to ensure that the most appropriate and well qualified consultant is providing professional NPDES services to the City, a Request for Proposals (RFP) to provide Municipal NPDES Professional Services was released on March 9, 2018. On March 30, 2018 four proposals were received from Charles Abbot Associates, Inc. (CAA), CASC Engineering and Consulting, Infrastructure Engineers and JLH. Staff evaluated each of the proposals using the following criteria and weights:  30% Firm and Staff Qualifications  25% Approach/Methodology  20% Hours-Level of Effort 6.16 Packet Pg. 140  15% Ability to meet City’s Schedule and Expectations  10% Relevant References The proposals from each of the consulting firms were rated with an average score of three reviewers as follows (out of a maximum score of 100): 1. John L. Hunter and Associates, Inc. 87 2. CASC Engineering and Consulting 85 3. Infrastructure Engineers 81 4. Charles Abbot and Associates, Inc. 80 The proposal submitted by JLH clearly exhibited the firm’s extensive kno wledge and experience with stormwater compliance. Their approach to ensure local jurisdiction compliance is proven with multiple clients in various watersheds within Los Angeles County. Strictly reviewing their quality based services, JLH was ranked highest in the evaluation. Further review of the proposed fees and level of effort submitted by each of the proposers shows that JLH has a significantly lower amount of hours proposed in order to meet the City’s expectations outlined in the RFP. The following fees and total proposed hours were provided for a FY18 -19 from each of the firms: 1. John L. Hunter and Associates, Inc. $71,460 594 Hours 2. Charles Abbot and Associates, Inc. $110,628 1042 Hours 3. Infrastructure Engineers $199,840 1356 Hours 4. CASC Engineering and Consulting $224,950 1742 Hours JLH’s history with other local jurisdictions within the City’s watershed allows them to allocate the firm’s time in a cost effective manner that g reatly benefits the cost to the City without compromising quality. JLH also maintains an excellent rapport with regulatory agencies, and is an expert in many areas of stormwater regulations that exceed the City’s requirements. Staff finds the broad experience and successful implementation of stormwater programs by JLH to be invaluable which is why the firm was rated at the top in the evaluation process. In addition to the requirements being met by the development of the WMP with LSGRWG, the City is also responsible for ongoing stormwater compliance activities which include the submittal of an annual report to the State Board, Industrial/Commercial inspections, Training, Construction Site Inspections, Implementation of Low Impact Development (LID) requirements on land development projects, Public Outreach, and Participation at regional meetings that affect the City, to name a few. With all the stormwater mandates placed upon the cities, Diamond Bar has been able to remain in full compliance with JLH’s services in the past. Staff is confident that the quality of service will continue and exceed expectations by selecting JLH to continue with a three year contract. Having a consultant who is familiar with the City and the type of compliance activities that have been successfully implemented over 6.16 Packet Pg. 141 the last several years, as well as being responsible for the WMP and CIMP preparation with the LSGRWG, will ensure that the City remains in full compliance with all stormwater regulations imposed. Staff recommends, for all the reasons stated, Council approve a three year contract, with an option to extend for an additional two years, with John L. Hunter and Associates, Inc. with an annual not-to-exceed amount of $71,460. LEGAL REVIEW: The City Attorney has reviewed and approved the draft Agreement. PREPARED BY: Attachments: 1. 6.16.a John L. Hunter and Associates, Inc. Agreement 6.16 Packet Pg. 142 1 Professional Services - Design 1292538.1 CONSULTING SERVICES AGREEMENT Design Professional THIS AGREEMENT (the "Agreement") is made as of June 19, 2018 by and between the City of Diamond Bar, a municipal corporation ("City") and John L. Hunter and Associates, Inc., a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the Municipal National Pollutant Discharge Elimination System (NPDES) Professional Services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully u nderstands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Kimberly M. Young, Senior Civil Engineer, (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2018, and shall continue until June 30, 2021 unless earlier terminated pursuant to the provisions herein. The City shall have the option to extend this Agreement for two (2) additional years subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows: Any increase in compensation will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Any exercise of an option to extend the Term and/or increase in compensation, negotiated or based upon CPI, shall be subject to approval of the City Council. 6.16.a Packet Pg. 143 2 Professional Services - Design 1292538.1 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". 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 Seventy-one Thousand, Four Hundred Sixty ($71,460) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized ext ra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount invoiced the City will pay Consultant the amount properly invoiced within 35 days of receipt. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an a mendment to this Agreement. The amendment shall set forth the changes of work, extension of time , if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. 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. 6.16.a Packet Pg. 144 3 Professional Services - Design 1292538.1 B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, 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 required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section. 8. 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 and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. To the maximum extent permitted by Civil Code section 2782.8, Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractors; (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this A greement. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant 6.16.a Packet Pg. 145 4 Professional Services - Design 1292538.1 shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind; and (3) Any and all claims for loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. (4) The Consultant's obligations to indemnify, defend and ho ld harmless the City shall survive termination of this Agreement. 10. 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 authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined sin gle limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies 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. 6.16.a Packet Pg. 146 5 Professional Services - Design 1292538.1 C. 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 ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self -insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 6.16.a Packet Pg. 147 6 Professional Services - Design 1292538.1 11. 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. 12. Ownership of Materials. Except as specifically provided in this Agreement, 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. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 13. 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. 6.16.a Packet Pg. 148 7 Professional Services - Design 1292538.1 14. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to p erform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as provided in this Agreement, 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 in its sole discretion to require Consultant to exclude any employe e from performing services on City's premises. 16. 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 han dicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work. 6.16.a Packet Pg. 149 8 Professional Services - Design 1292538.1 18. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 19. Reserved. 20. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations here under, 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. 22. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. 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. 24. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may 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. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to 6.16.a Packet Pg. 150 9 Professional Services - Design 1292538.1 mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONSULTANT” “CITY” John L. Hunter and Associates, Inc. City of Diamond Bar 6131 Orangethorpe Ave., Suite 300 21810 Copley Drive Buena Park, CA 90620 Diamond Bar, CA 91765-4178 Attn.: Cameron McCullough Attn.: David G. Liu, P.E. Phone: 562-802-7880 ext. 233 Phone: 909-839-7040 E-Mail: cmccullough@jlha.net E-mail: dliu@diamondbarca.gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 29. 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. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by 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 a person duly authorized to do so under the City's Purchasing Ordinance. 6.16.a Packet Pg. 151 6.16.aPacket Pg. 152 Prepared By: John L. Hunter and Associates 6131 Orangethorpe Ave., Ste. 300 Buena Park, CA 90620 Proposal contact: Cameron McCullough cmccullough@jlha.net | (562) 802-7880 ext. 233 Prepared For: Kimberly Young, P.E. Senior Civil Engineer City of Diamond Bar Department of Public Works 21810 Copley Drive Diamond Bar, CA 91765-4177 March 30, 2018 Proposal for Municipal NPDES Professional Services 6.16.a Packet Pg. 153 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e i Table of Contents I. Qualifications and Experience ........................................................................................................... 1 A. Relevant Firm Experience ................................................................................................................. 1 1. Municipal NPDES Permit Compliance .............................................................................................. 1 B. Track Record ..................................................................................................................................... 3 C. Staffing Capability and Current Work Load ...................................................................................... 3 D. Relevant Staff Credentials ................................................................................................................. 3 E. Project Team ..................................................................................................................................... 4 F. References ........................................................................................................................................ 5 II. Project Understanding and Scope of Work....................................................................................... 6 A. Programs Management: RFP Objectives 1 and 8 .............................................................................. 6 B. Watershed Management Program Assistance: RFP Objective 1 ...................................................... 7 C. TMDL Programs Assistance: RFP Objective 1 .................................................................................... 8 D. Planning and Land Development Program (For both Private Land Development and City Project Stormwater Management Services): RFP Objective 2, 3 .......................................................................... 9 E. Development Construction Program (For both Private Land Development and City Project Stormwater Management Services): RFP Objective 2, 3 ........................................................................ 10 F. Industrial/Commercial Facilities Program: RFP Objective 4 ........................................................... 11 G. Public Agency Activities Program: RFP Objective 5 ........................................................................ 12 H. Public Information and Participation (Outreach) Program: RFP Objective 5 ................................. 13 I. Illicit Discharge Detection and Elimination Program: RFP Objective 5 ........................................... 14 J. Training: RFP Objective 5 ................................................................................................................ 15 K. Monitoring and Reporting Program: RFP Objective 7 .................................................................... 16 L. QA/QC Program: RFP Objective 8 ................................................................................................... 17 III. Resumes .......................................................................................................................................... 17 IV. Fee Schedule and Estimated Costs (submitted under separate cover) .......................................... 25 A. Fee Schedule ................................................................................................................................... 25 B. Assumptions .................................................................................................................................... 26 C. Estimated Not-to-Exceed Fee Proposal .......................................................................................... 27 6.16.a Packet Pg. 154 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 1 I. Qualifications and Experience John L. Hunter and Associates, Inc. (JLHA) is an environmental consulting corporation established in 1985 that specializes in serving municipal clients. JLHA’s mission is to provide its clients with the expertise necessary to comply with mandated environmental programs, such as NPDES, stormwater and watershed management, industrial waste and fats, oils and grease (FOG) control, water conservation, and recycling. Services provided under these programs include program management, engineering, inspections, monitoring, grant administration, and public education. A. Relevant Firm Experience Table 1 lists NPDES services currently or recently provided by JLHA. The following are summaries of JLHA’s experience related to NPDES Permit compliance. 1. Municipal NPDES Permit Compliance JLHA has considerable experience in Municipal NPDES Permit compliance programs, beginning with the inception of the Phase I MS4 Permits in the 1990s. Currently JLHA implements elements of such programs for 45 cities in the Southland. Services include the following:  25 cities and 4 watershed groups: Program administration and/or technical support,  33 cities: Field services such as BMP compliance inspections,  23 cities: Plan review and approval (e.g., SUSMP/LID Plans, WQMPs, and SWPPPs),  32 cities and 3 watershed groups: Reporting (e.g., annual, TMDL, and/or watershed reports), and  32 cities and 3 watershed groups: Staff training. Relevant and recent activities include:  Representing cities in MS4 NPDES audits conducted by Regional Water Board staff: Seal Beach, 2015 (and 2010, 2006) | Stanton, 2014 (and 2010)  Obtaining and administering a Prop 84 grant for multi-watershed/multi-jurisdictional LID projects.  Managing BMP inspection programs that cover in total approximately 10,000 sites.  Developing 4 Watershed Management Programs under the area-wide LA MS4 NPDES Permit. JLHA also served as the lead consultant for the development of the Watershed Management Programs (WMPs) for the Lower Los Angeles River (LLAR), Lower San Gabriel River (LSGR), City of Long Beach, and Peninsula Cities Watershed Groups, and served as a sub-consultant for the development of the WMP for the Los Cerritos Channel (LCC) Watershed Group. As part of WMP development, JLHA also oversaw the development of Coordinated Integrated Monitoring Programs (CIMPs) for the LLAR, LSGR, and Peninsula Cities Watershed Groups. All plans were approved by the Regional Board in 2015 and 2016. Together the member agencies of these Watershed Groups represent 20 MS4 NPDES Permittees. JLHA serves as the consultant team lead for the LLAR, LSGR, and Peninsula Cities Watershed Groups. Services include administering monitoring activities, watershed annual reporting, technical committee meetings, and certain WMP implementation efforts such as feasibility studies. In this capacity JLHA also regularly interfaces with city councils and Regional Board staff and members. JLHA also represents twelve municipal clients in watershed management groups for the Upper Los Angeles River, Upper San Gabriel River, Dominguez Channel and Los Cerritos Channel. 6.16.a Packet Pg. 155 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 2 Table 1: Summary of Municipal NPDES Services Recently or Currently Provided Client First year of service Years of service MS4 Permit Control Measures Watershed General Services Development Construction Municipal Activities Industrial/ Commercial Illicit Discharge Detection Public Outreach Watershed Plan Development Watershed Plan Implementation Monitoring Studies Reporting Training Grants Program Mgmt. or Support Arcadia 1995 23 - - × × × × × - - - - - - × × × - - - - Artesia 2014 4 - - × × × × × - - × - - - - × × - - × Big Bear Lake 2004 14 - - - - - - × × - - - - - - - - - - × - - - - - - Bellflower 2014 2 - - - - - - × - - - - - - - - - - - - - - - - - - - - Cerritos 2015 3 - - × - - - - - - - - - - - - - - - - - - - - - - - - Covina 2008 10 × × - - × - - - - - - - - - - - - - - × - - - - Diamond Bar 2007 11 × × × × × × - - × - - - - × × - - × Downey 2011 7 × × × × × × - - × - - - - × × - - × Fullerton 2017 1 - - - - - - - - - - - - - - - - - - - - × × - - × Glendale 2013 5 - - - - × - - - - - - - - - - - - × × × - - × Gateway Water Mgmt. Authority 2012 6 - - - - - - - - - - - - - - - - - - - - - - - - × - - Hawaiian Gardens 2012 6 × × × × × × - - × - - - - × × - - × Hawthorne 2000 18 - - × × × × × - - - - - - - - × × - - × Inglewood 2015 3 - - - - - - × - - × - - - - - - - - × × - - × La Habra 2011 7 × × × × × × - - - - - - - - × - - - - × Lakewood 2014 4 - - - - - - × - - - - - - - - - - - - - - - - - - - - Lomita 2015 3 - - × × × × × - - × - - - - × × - - × Long Beach 2014 4 - - - - - - × - - - - × - - - - - - × × - - - - LCC Watershed Group 2013 5 - - - - - - - - - - - - × × × - - - - × - - × LLAR Watershed Group 2013 5 - - - - - - - - - - - - × × × - - × × - - × LSGR Watershed Group 2013 5 - - - - - - - - - - - - × × × - - × × - - × Lynwood 2014 4 × × × × × × - - × - - - - × × - - × Manhattan Beach 2010 8 - - - - × × - - - - - - - - - - - - - - - - - - - - Monterey Park 2005 13 × × × × × × - - × - - × × × × × Norwalk 2010 8 × × × × × × - - × - - - - × × - - × Paramount 2014 4 × × × × × × - - × - - - - × × - - × Pasadena 2015 3 × - - - - × - - - - - - × - - - - × × - - × Peninsula Watershed Group 2013 5 - - - - - - - - - - - - × × × - - × - - - - × Placentia 2013 5 × × × × × - - - - - - - - - - × × - - × Rancho Palos Verdes 1994 24 × × × × × × - - × - - - - × × - - × Rolling Hills 2009 9 - - - - - - - - - - - - - - - - - - × × - - - - - - Santa Fe Springs 2016 2 × × - - - - - - - - - - - - - - - - - - - - - - - - San Gabriel 2017 1 - - - - × - - - - × - - - - - - - - × × - - × Seal Beach 2005 13 × × × × × × - - - - - - - - × × × × Signal Hill 1985 33 × × × × × × - - × - - × × × - - × South El Monte 2017 1 × × × × × - - × - - × × × - - × South Gate 1991 27 × × × × × × - - × - - × × × × × South Pasadena 2005 13 - - × × × - - × - - × - - × × × - - × Stanton 2007 11 × × × × × × - - - - - - - - × × × × Temple City 2003 15 × × × × × × - - × - - × × × - - × Villa Park 2013 5 × × × × × × - - - - - - - - × × - - × West Covina 2015 3 × × × × × × - - × - - - - × × - - × West Hollywood 1995 23 × × × × × - - - - - - - - × - - × - - - - Whittier 2014 4 - - × × × × × - - × - - - - × × - - × TOTALS out of 44 agencies 22 27 28 33 25 25 5 22 4 10 35 35 5 32 6.16.a Packet Pg. 156 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 3 B. Track Record JLHA has aided municipalities in compliance with NPDES MS4 Permit provisions since their first issuance in the 1990s. Since that time JLHA has maintained a track record of meeting project schedules and providing project deliverables on-time, on-budget, and to client’s satisfaction. This may be verified by contacting JLHA’s existing and past clients, including those listed in the References Section of this proposal. Another metric for JLHA’s ability to meet project schedules is through its success in representing clients in Regional Water Board NPDES Program audits. These audits included detailed reviews of records for NPDES sub-programs managed and implemented by JLHA Project Teams. Of the many Regional Water Board NPDES Program audits that JLHA personnel participated in, none resulted in enforcement actions. JLHA’s success in meeting project schedules is also evident in its existing clients’ previous NPDES annual reports, which tabulate program deliverables such as inspections, plan checks, and TMDL reporting. C. Staffing Capability and Current Work Load JLHA staffing is at 25, consisting of 20 full-time staff and 5 part-time staff. This includes 1 principal, 2 directors, 5 project managers, 5 engineers, 7 field inspectors, 4 project analysts, and 3 administrative staff. All staff operate out of JLHA’s office at 6131 Orangethorpe Ave, Suite 300, in Buena Park, California. JLHA subcontracts additional services as-needed such as water quality monitoring and laboratory analysis, outfall screening, construction management, and computational analysis. The Project Team listed in the following section will be available to provide any requested services throughout the term. D. Relevant Staff Credentials Staff credentials include certified professionals in engineering, stormwater quality, BMP (Best Management Practice) inspection, erosion control, SWPPP development and implementation, and environmental assessment. Table 2 lists specialized credentials that are held by JLHA staff. The experience, credentials and education of the key staff members are included in the Resumes Section of this proposal. Table 2: Specialized Credentials held by JLHA Staff Credential Credential Description CPSWQ Certified Professional in Stormwater Quality CESSWI Certified Erosion, Sediment and Stormwater Inspector QSD Qualified SWPPP Developer (Construction) QSP Qualified SWPPP Practitioner (Construction) QISP Qualified Industrial Stormwater Practitioner CGP ToR Trainer of Record for the NPDES Construction General Permit IGP ToR Trainer of Record for the NPDES Industrial General Permit ECI Environmental Compliance Inspector 6.16.a Packet Pg. 157 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 4 E. Project Team Table 3 and Figure 1 list the roles and organization of the Project Team. Detailed qualifications of the Project Team are included in the Resume section. Table 3. Program Team Roles Program Title Team Member Information Core Team Project Manager (PM) Name Cameron McCullough, MS, CPSWQ, QSD/P, IGP ToR Roles Point-of-contact, project oversight Project Manager Name Jillian Brickey, MS, CPSWQ, QSD/P, CGP ToR Roles Point-of-contact, project oversight: Construction/Development programs Assistant PM/ Project Engineer Name Michelle Staffield, MSE, CPSWQ, QSD Roles Alternate point-of-contact, plan review and approval Project Analyst Name Hugo Garcia, CESSWI, QSP Roles Project development, field inspection support Compliance Specialist Name Stormy Osifeso, CESSWI, QSP Roles Field compliance inspector, construction program Compliance Specialist Name Wilson Duong, ECI I Roles Field compliance inspector, industrial/commercial program Extended Team Company Principal Name John Hunter, PE, REA Roles As-needed project oversight and support Senior Engineer Name Rosalinda Tandoc, PE Roles Plan review and approval If changes in personnel occur during the contract period, JLHA will notify the City and furnish the revised Project Team information provided in this proposal. Figure 1. Project Team Organizational Chart John Hunter Company Principal Cameron McCullough Project Manager Hugo Garcia Project Analyst Wilson Duong Compliance Specialist Rosalinda Tondac Senior Engineer Jillian Brickey Project Manager Michelle Staffield Asst. PM/Project Engineer Stormy Osifeso Compliance Specialist 6.16.a Packet Pg. 158 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 5 F. References Table 4 is a list of client references. JLHA provides Municipal NPDES services to each of the references listed. Additional references are available at the request of the City. Table 4: References and Services Provided Agency Name Data Field Reference Information Downey Name/Title Mohammad Mostahkami, Director of Public Works Address 11111 Brookshire Ave, Downey, CA 90241 Phone/email (562) 904-7102, mmostahkami@downeyca.org Signal Hill Contact/Title Grissel Chavez, Deputy Director of Public Works Address 2175 Cherry Avenue, Signal Hill, CA 90775 Phone/email (562) 989-7251, gchavez@cityofsignalhill.org South Gate Contact/Title Arturo Cervantes, Public Works Director Address 8650 California Ave, South Gate, CA 90280 Phone/email (323) 563-9512, acervantes@sogate.org Stanton Contact/Title Allan Rigg, Public Works Director Address 7800 Katella Ave, Stanton, CA 90680 Phone/email (714) 379-9222, arigg@ci.stanton.ca.us Temple City Contact/Title Andrew Coyne, Management Analyst Address 9701 Las Tunas Dr, Temple City, CA 91780 Phone/email (626) 285-2171 ext. 4344 Table 5 lists services provided by the Project Management team for the references listed in Table 4. Table 5. Services Provided by Project Management Team Agency/Reference MS4 Permit Control Measures Watershed General Services Development Construction Municipal Activities Industrial/ Commercial Illicit Discharge Detection Public Outreach Watershed Plan Development Watershed Plan Implementation Monitoring Studies Reporting Training Grants Program Mgmt. or Support Project Manager Downey × × × × × × - - × - - - - × × - - × Michelle Staffield Signal Hill × × × × × × - - × - - × × × - - × Jillian Brickey South Gate × × × × × × - - × - - × × × × × Michelle Staffield Stanton × × × × × × × - - - - - - × × × × Cameron McCullough Temple City × × × × × × - - × - - × × × - - × Cameron McCullough 6.16.a Packet Pg. 159 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 6 II. Project Understanding and Scope of Work JLHA welcomes the opportunity to provide professional MS4 NPDES services to the City of Diamond Bar. This section details the work plan and project understanding to complete the Scope of Work (SOW) requested by the City in its March 8, 2018 RFP. The timeframe of this proposal is for a period of three years. The services provided may be extended for two years upon mutual agreement by the City and JLHA. This proposal is valid for 90 days. The tasks listed in the following tables include “Task Detail” information that describe and approach and methods the Project Team will use to meet the contract requirements. The Project Team does not anticipate any significant concerns or problems during the term of this contract. The primary concern is budgeting, as annual variability in workload within the SOW is an unknown, within certain limits. However from past experience, the Project Team expects the not-to-exceed (NTE) annual estimate provided in the proposal to be sufficient for the services provided. A. Programs Management: RFP Objectives 1 and 8 Table 6 lists the scope of work for the management of all programs provided under the scope of work. This includes general MS4 NPDES Permit management assistance, as well as other NPDES-related tasks not listed in the prior scope of work sections of this proposal. Table 6. Scope of work for Programs Management Task # Task Name RFP Task # A.1 Manage Programs A.1.a Provide program updates Task Detail: This includes assessing and reporting on the status of program compliance, holding program update meetings, preparing program update reports, and providing program updates to City staff and, as needed, elected officials. 1.c. A.1.b Provide general assistance with MS4 NPDES programs implementation Task detail: This includes as-needed assistance for tasks within project scope but not itemized in proposal. A.1.c Represent City at relevant NPDES-related meetings and prepare update reports to City staff 1.a A1.d Represent City interests in negotiations and communications with regulating agencies 1.e A.1.e Update program forms, templates, and other documentation as-needed A.1.f Assure quality on services provided, including review of prepared documents 8 6.16.a Packet Pg. 160 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 7 B. Watershed Management Program Assistance: RFP Objective 1 The City is a member of the Lower San Gabriel River Watershed Management Group (LSGR WMG), which includes contributing funds (separate from this proposal) for the implementation of Coordinated Integrated Monitoring Programs (CIMPs) as well as the continued development of the LSGR Watershed Management Program (WMP) and CIMP. The WMP is the City’s planning framework to comply with the LA Countywide MS4 NPDES Permit. Table 7 lists the scope of work for WMP assistance. Table 7. Watershed Management Program Assistance Permit § Task # Task Name RFP Task # VI.C B.1 Watershed Management Program Assistance B.1.a Represent City at WMG meetings and prepare meeting update reports 1.a B.1.b Prepare WMP/CIMP compliance progress reports and updates B.1.c Update inventory and prioritization of candidate retrofit projects Task detail: The Project Team will update the inventory of prioritized potential public projects—originally developed in the 2015 WMP—for review and consideration by city staff. B.1.d Assist with project selection, development, and implementation (as-needed) 1.b Task detail: Should the City decide to develop a concept or design plan, or construct a stormwater management project, the Project Team will be available to assist in project selection, development, and implementation. B.1.e Assist with WMP Adaptive Management process and Permit renewal 1.d Task detail: Adaptive Management is led by the WMG, which is a service separate from this SOW. However input from the City will be required to complete the process. The Project Team will assess the City’s MS4 NPDES Program and provide recommended changes to City staff for incorporation into the Adaptive Management process. B.1.f Assist with project grant applications (as-needed) Task detail: Project Team members have assisted in the application and management of Prop 84 and Prop 1 stormwater grants, and can provide similar application and management assistance at the request of the City. B.1.g Assist with other WMP-related tasks (as-needed) 1.f Reporting and Record Keeping is included in the Monitoring and Reporting SOW section Program Management is included in the Programs Management SOW section 6.16.a Packet Pg. 161 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 8 C. TMDL Programs Assistance: RFP Objective 1 The City is under Total Maximum Daily Loads (TMDLs) for bacteria, metals and toxics, and is also under the provisions of the Statewide Trash Amendments. (Although technically not a TMDL, the Trash Amendments in effect act as a Trash TMDL.) Table 8 lists the scope of work for assistance with compliance planning, implementation, and reporting for TMDLs and the Trash Amendments. Table 8. TMDL Programs Assistance Permit § Task # Task RFP Task # VI.E C.1.a Assist with Statewide Trash Amendments implementation 1.b, 5.a Task detail: The Project Team will prepare and submit Track 1 GIS maps to Regional Board prior to the 2/18/2019 deadline stated in the 13383 Order. This will include corresponding with City staff to obtain information needed to complete maps. The Project Team will also provide general assistance with planning, implementation, and reporting. C.1.b Assist with TMDL planning, implementation, and reporting 1.b Task detail: The metals and bacteria TMDLs are addressed through the Watershed Management Program (WMP). See the WMP SOW section for additional information. The Toxics TMDL only requires monitoring at this point and is addressed through monitoring and reporting under the Coordinated Integrated Monitoring Program (CIMP). See the Monitoring and Reporting SOW section for additional information. C.1.c Assist with other TMDL-related tasks (as-needed) 1.f MRP Reporting and Record Keeping is included in the Monitoring and Reporting SOW section Program Management is included in the Programs Management SOW section 6.16.a Packet Pg. 162 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 9 D. Planning and Land Development Program (For both Private Land Development and City Project Stormwater Management Services): RFP Objective 2, 3 Table 9 lists the scope of work for the Planning and Land Development Program , for both Private Land Development and City Project Stormwater Management. Turn-around time for LID plan review is two weeks. JLHA will also receive and assemble program data for preparation of the Annual Reports. Table 9. Scope of Work for Planning and Land Development Program Permit § Task # Task Name RFP Task # VI.D.7.d D.1 LID Plan Review ii D.1.a Review LID plans following the criteria of VI.D.7.b-c 2.c, 3.a VI.D.7.d D.2 LID BMP Inspections iv.(1).(b) D.2.d Conduct BMP verification inspections 2.e, 3.b iv.(1).(c) D.2.e Notify existing LID Plan sites of maintenance requirements 2.f iv.(1).(c) D.2.f Conduct BMP maintenance inspections 2.g iv.(1).(e) D.2.g Conduct follow-up activities at non-compliant projects 2.g D.3 Green Streets Policy D.3.a Provide guidance to City staff and design consultants as-needed 3.c VI.D.7 Staff Training is included in the Training SOW section MRP Reporting and Record Keeping is included in the Monitoring and Reporting SOW section Program Management is included in the Programs Management SOW section 6.16.a Packet Pg. 163 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 10 E. Development Construction Program (For both Private Land Development and City Project Stormwater Management Services): RFP Objective 2, 3 Table 10 lists the scope of work for the Development Construction Program, for both Private Land Development and City Project Stormwater Management. Dedicated inspections at sites disturbing less than one acre— an enhanced measure that exceeds minimum MS4 Permit requirements—can be conducted at the City’s request. Turn-around time for SWPPP review is two weeks. Inspections at state- permitted construction sites require monthly inspections. Enforcement actions, when necessary, are issued within one week. Follow-ups are conducted within the timeframe provided in the enforcement action. Table 10. Scope of work for Development Construction Program Assistance Permit § Task # Task Name RFP Task # VI.D.8.d Sites less than one acre: Track and inspect sites at request of city VI.D.8.g E.1 Inventory state-permitted Construction sites g.i E.1.a Review and update site inventory 2.b Task detail: This includes reviewing city and Water Board records and on-site conditions to update the site inventory—including all information field required—and reviewing existing site information and regulatory history prior to inspection. VI.D.8.h E.2 Review and Approval Construction SWPPPs 2.a Task detail: This includes SWPPP review by a JLHA staff Qualified SWPPP Developer (QSD) following a review checklist based on MS4 Permit requirements. Turn-around time for review is two weeks. VI.D.8.j E.3 Inspect ≥1 acre Construction Sites E.3.a Inspect sites for proper BMP implementation 2.b Task detail: Inspections follow the standard operating procedures listed in the MS4 Permit, which includes 1) determining the facility’s impact on stormwater quality through proper BMP implementation and illicit discharge elimination, 2) determining the need for corrective actions and setting up a follow-up inspection dates, and 3) completing an inspection form. E.3.b Correspond with site operators 2.b Task detail: This includes scheduling inspections as-needed, discussing corrective actions required, and providing program education as -needed. E.3.c Conduct follow-up inspections at non-compliant sites 2.b VI.D.2 E.4 Enforce at Noncompliant Sites 2.a.i E.4.a Prepare enforcement notices for non-compliant sites 2.b Task detail: For egregious or repeated cases of non-compliance, enforcement notices will be prepared following city ordinances and the MS4 Permit’s progressive enforcement requirements. Notices will be sent out only after City approval. If noncompliance persists, the Project Team will work with City enforcement staff to resolve the issue. 2.a.ii E.4.b Provide other as-needed enforcement assistance 2.b VI.D.8.l Staff Training is included in the Training SOW section MRP Reporting and Record Keeping is included in the Monitoring and Reporting SOW section Program Management is included in the Programs Management SOW section 6.16.a Packet Pg. 164 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 11 F. Industrial/Commercial Facilities Program: RFP Objective 4 Table 11 lists the tasks for the Industrial/Commercial Facilities Program. The scope is limited to tracking, educating, inspecting, and ensuring compliance at industrial/commercial facilities. Table 11: Tasks for the Industrial/Commercial Facilities Program Permit § Task # Task name RFP Task # VI.D.6 F.1 Track Critical Industrial/Commercial Facilities b.i, ii, iii F.1.a Review and update industrial/commercial facility inventory 4.a Task detail: This includes reviewing city records and facility records to update the industrial/commercial facility inventory—including all information field required—and reviewing existing facility information and regulatory history prior to inspection. VI.D.6 F.2 Educate Industrial/Commercial Facility Operators c.i F.2.a Notify facility operators of program requirements 4.c Task detail: This includes sending a letter to facilities briefly explaining the inspection program and its basic requirements, with an enclosed educational brochure. During inspections program requirements are also explained to facility operators. c.ii F.2.b Implement a Business Assistance Program 4.d Task detail: This task is primarily addressed by tasks A.2.a and A.3.b c.ii F.2.c Develop and print educational materials to distribute to facilities 4.c, 5.df VI.D.6 F.3 Inspect Critical Industrial/Commercial Facilities d,e,f F.3.a Inspect industrial/commercial facilities for proper BMP implementation 4.e Task detail: This includes 1) inspecting facility layout to locate the storm drain system and/or stormwater drainage path, storage areas, process, areas, and heavy equipment wash and maintenance areas, and stormwater sampling locations, if applicable, 2) determining the facility’s impact on stormwater quality through proper BMP implementation and illicit discharge elimination, 3) verifying industrial classification, 4) determining the need for corrective actions and setting up a follow-up inspection dates, and 5) completing an inspection form. d,e,f F.3.b Correspond with facility operators 4.e, 4.f Task detail: This includes scheduling inspections as-needed, discussing corrective actions required, and providing program education as -needed. h.2.a.i F.3.c Conduct follow-up inspections at non-compliant facilities within 4 weeks 4.f VI.D.2 F.4 Enforce at Noncompliant Facilities 2.a.ii F.4.a Prepare enforcement notices for non-compliant facilities 4.f Task detail: For egregious or repeated cases of non-compliance, enforcement notices will be prepared following city ordinances and the MS4 Permit’s progressive enforcement requirements. Notices will be sent out only after City approval. If noncompliance persists, the Project Team will work with City enforcement staff to resolve the issue. 2.a.ii F.4.b Provide other as-needed enforcement assistance 4.f Staff Training is included in the Training SOW section Reporting and Record Keeping is included in the Monitoring and Reporting SOW section Program Management is included in the Programs Management SOW section 6.16.a Packet Pg. 165 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 12 G. Public Agency Activities Program: RFP Objective 5 Table 12 lists the scope of work for the Public Agency Activities Program. Table 12. Scope of work for Public Agency Activities Program Permit § Task # Task Name VI.D.9.b Public Construction Activities Task detail: Public Construction is addressed by the Development Construction Program. See the Development Construction SOW section. VI.D.9.c G.1 Inventory Public Facilities G.1.a Update inventory of public facilities (as-needed) VI.D.9 Inventory Existing Development Retrofit Opportunities d.ii, iii Included in the Watershed Management Program SOW section VI.D.9 G.2 Public Agency Facility and Activity Management e.iii, vi G.2.a Update BMP fact sheets for activities listed in Table 18 of the MS4 Permit (as-needed) e.iv G.2.b Update language to require contractors to implement BMPs from VI.D.9.e.iii (as-needed) g.ii G.2.c Update Integrated Pest Management procedures (as-needed) h G.2.d Storm drain operation and maintenance (in-house task, JLHA available to assist as-needed) Statewide Trash Amendment compliance assistance is included in the TMDL SOW section VI.D.9.k Staff Training is included in the Training Scope of Work section MRP Reporting and Record Keeping is included in the Monitoring and Reporting SOW section Program Management is included in the Programs Management SOW section 6.16.a Packet Pg. 166 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 13 H. Public Information and Participation (Outreach) Program: RFP Objective 5 Table 13 lists the scope of work for the Public Information and Participation Program. The points of purchase program will be implemented once a year within the reporting year. Educational material will be updated as-needed, and at the request of the City. JLHA staff is available as-needed to assist in stormwater education at City events. Table 13. Scope of work for the Public Information and Participation Program Permit § Task # Task Name RFP Task # VI.D.5.c H.1 Public Participation H.1.a Assist in a City event to promote public involvement in pollution prevention 5.c Task detail: The Project Team will discuss with City staff opportunities to participate in at least one City event. JLHA staff attending the chosen event(s) will educate the public in stormwater pollution through discussion, demonstrations, and material distribution. VI.D.5.d H.2 Residential Outreach Program d.i.(1) H.2.a Prepare article for City media outlet d.i.(2) H.2.b Update educational materials 5.d Task detail: Material topics include brochures vehicle, house, yard, pesticide, animal, and construction wastes. Updates to the content can be made at the City’s request. d.i.(3) H.2.c Distribute materials to points of purchase Task detail: Point of purchase locations include automotive, home improvement, gardening, and pet stores. JLHA staff will visit select stores and provide brochures specific to these industries to be displayed for distribution. d.i.(4) H.2.d Update stormwater website (as-needed) d.i.(5) H.2.e Provide educational materials to school children 5.d Task detail: This task is primarily addressed by existing county programs. JLHA staff can supplement this effort by providing K-12 schools within the City’s jurisdiction with educational materials. d.i.(6) H.2.f Provide educational materials in English, Spanish, Mandarin, and Korean 5.d MRP Reporting and Record Keeping is included in the Monitoring and Reporting SOW section Program Management is included in the Programs Management SOW section 6.16.a Packet Pg. 167 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 14 I. Illicit Discharge Detection and Elimination Program: RFP Objective 5 Table 14 lists the scope of work for the Illicit Discharge Detection and Elimination Program. JLHA understands that this Program is administered and implemented by in-house City staff. As such these services are provided on an as-needed basis. Complaints received will be investigated within the timeframes provided in the MS4 Permit’s Progressive Enforcement procedures (MS4 Permit VI.D.2.a). Enforcement actions will be undertaken following these procedures. If needed, within normal working hours inspection staff will be available to respond to any complaint within two hours. Table 14. Scope of work for Illicit Discharge Detection and Elimination Program Assistance (As-needed) Permit § Task # Task Name RFP Task # VI.D.10 I.1 Investigate Illicit Discharges (as-needed) b.ii I.1.a Investigate illicit discharge complaints and prepare investigation reports 6.a b.iv.(1) I.1.b Conduct follow-up investigations to verify elimination of illicit discharges 6.a VI.D.2 I.2 Enforce cases of noncompliance 2.a.i I.2.a Prepare enforcement notices for non-compliance following city ordinances 6.a 2.a.ii I.2.b Provide other as-needed enforcement assistance 6.a VI.D.10.e Spill Response Plan Plan updates are addressed in the Program Management SOW section VI.D.10.f Staff Training is included in the Training SOW section MRP Reporting and Record Keeping is included in the Monitoring and Reporting SOW section Program Management is included in the Programs Management SOW section 6.16.a Packet Pg. 168 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 15 J. Training: RFP Objective 5 Table 15 lists the scope of work to train applicable City staff and contractors in elements of the Planning and Land Development Program, Development Construction Program, Public Agency Activities Program, and Illicit Discharge Program. At the request of the City, JLHA can provide additional in-depth staff training (beyond the one-to-two hour standard training scope) on any component of the MS4 NPDES program. Each training is led by members of the Project Team and includes slide presentations and key template documents and forms relevant to the program. Table 15. Scope of work for the Training Program Permit § Task # Task Name RFP Task # VI.D.7-10 Prepare materials and hold training sessions for targeted city staff positions in: 5.b 7.d J.1.a LID Plan review process and BMP verification and maintenance inspections 5.b 8.l.ii.(1) J.1.b Construction BMP standards and SWPPP review 5.b Task detail: Intended for plan reviewers and permitting staff 8.l.ii.(2) J.1.c Construction BMP standards and SWPPP requirements 5.b Task detail: Intended for inspection and enforcement staff 9.k J.1.d Applicable elements of the Public Agency Activities Program 5.b Task detail: Intended for O&M staff for public facilities and activities 10.f.iii J.1.e Illicit discharge detection, elimination, clean-up, reporting, documentation 5.b Task detail: Intended for code enforcement and field staff J.1.f Other MS4 NPDES training topics as requested by the City 6.16.a Packet Pg. 169 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 16 K. Monitoring and Reporting Program: RFP Objective 7 Table 16 lists the scope of work for the Monitoring and Reporting Program. This includes preparation of the Annual Report, record keeping, and database management. Table 16. Scope of work for the Monitoring and Reporting Program Permit § Task # Task Name RFP Task # MRP XVIII, XIX K.1 Reporting K.1.a Prepare Individual MS4 NPDES Annual Report 7. Task detail: Develop and provide Annual Report NPDES program information request forms to City staff in August. Review completed forms with City staff in September and incorporate city data and comments into the Draft Annual Report. Collect relevant JLHA pr ogram record data and incorporate into Draft Annual Report. Update the County’s WRAMPS.ORG database with LID data and incorporate volumetric management results into the Draft Annual Report. Based on data incorporated, prepare responses to program status and assessment elements of the Draft Annual Report. Review final Draft Annual Report with City by November 15. Submit Individual Annual Report prior to December 15 deadline. K.1.b Assist in preparation of Watershed MS4 NPDES Annual Report Task detail: Preparation of the Watershed MS4 NPDES Annual Report is led by the WMG, which is a service separate from this SOW. The report does requires the submittal of some data from the Individual Annual Report. This task includes compiling and submitting this data, as well as reviewing and providing comments on draft versions of the Watershed MS4 NPDES Annual Report. VI.D K.2 Record Keeping and Database Management 6.b.i-iii, 7.d.iv, 8.g.i.ii, 10.d.v K.2.a Update and maintain online GIS database(s) of program records 2.b, 2.d, 4.a, 4.b Task detail: This includes records for all programs provided under the scope of work, such as monitoring sites and monitoring results, project and BMP location data, and industrial/commercial facility and construction site inventories, inspection results, investigations, and enforcement actions. The City’s MS4Front NPDES database management system will be used for much of this record keeping, and ArcGIS online will be used as a supplemental tool. The Project Team is familiar with MS4Front and its capabilities—such as the creation of customizable forms—through several years of regular use for number a clients. The Project Team will also update and maintain a website of key program records at diamonbar.jlha.net to facilitate easy access at any time by City staff. MRP (Att. E) K.3 Monitoring K.3.a Review water quality monitoring and outfall screening results Task detail: Water quality monitoring and outfall screening is led by the WMG, which is a service separate from this SOW. However the Project team will review monitoring results as they are provided by the LSGR WMG and update the City with an analysis of the results through correspondence and reports. Results may be incorporated into the Individual Annual Report if they are specific to the City’s discharges. 6.16.a Packet Pg. 170 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 17 L. QA/QC Program: RFP Objective 8 Service quality is ensured through a QA/QC program assigned to applicable sub-programs and listed under the Programs Management section of the SOW. This program accounts for time spent by the Project Management Team to review the Project Team’s work product. This time is also used to track and control the budget and to ensure control of the schedule of services provided. III. Resumes The following section includes the resumes of the Project Team. 6.16.a Packet Pg. 171 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 18 John L. Hunter, PE Principal Mr. Hunter serves as the Principal of JLHA. He has over 30 years of experience in municipal environmental programs and currently oversees: (1) elements of over 40 separate NPDES programs encompassing three counties that covers programs such as: watershed and stormwater management, TMDL implementation, plan reviews, industrial and construction inspections, public agency activities, public outreach, and monitoring/reporting; (2) eleven municipal FOG programs encompassing permitting, inspections and enforcement; (3) seven municipal Used Oil Recycling programs; (4) three municipal Beverage Container Recycling programs; and (5) two water conservation programs. As of May 2016 Mr. Hunter serves as the chair for the LA Permit Group, wh ich provides area-wide MS4 Permit updates to all affected parties under the LA Region MS4 Permit. Related Experience Watershed Management Lead consultant for the Lower Los Angeles River Watershed Group, the Lower San Gabriel River Watershed Group, the Peninsula Cities Watershed Group, and the Long Beach Near -shore watersheds. Oversaw preparation and oversees continued development of the Watershed Management Programs for these groups. Also participates in the Upper Los Angeles River Watershed Group, the Domi nguez Channel Watershed Group, and the Los Cerritos Channel Watershed Group. Total Maximum Daily Loads Los Angeles River Metals TMDL: Developed the Reach 1 Metals TMDL Implementation Plan on behalf of nine local agencies. The Plan was used as a source document for the Compliance Schedule in the Lower LA River WMP. Los Angeles River Trash TMDL: Administered Trash DGR studies and associated compliance reports for multiple cities since 2004. Negotiated client interests with Regional Board staff. Obtained gran t funding for and prepared the Hamilton Bowl BMP Study. The study evaluated different end -of-pipe trash capture systems for the Cities of Signal Hill and Long Beach. MS4 Permit Minimum Control Measures (MCMs) Oversees MCM elements of MS4 Permits for 37 cities. MCM programs include business and construction site inspections, LID Plan and SWPPP reviews, BMP implementation for public agency activities, illicit discharge investigations, and public outreach. Representation and advocacy Represents client interests in meetings with Regional Board staff/members regarding (E)WMPs, TMDLs, and other Permit mandates. Has chaired the Los Angeles River Watershed Management Committee, Santa Monica Bay Bacterial TMDL J7 Subcommittee, and the LA Permit Group. Currently serves as technical lead for the Lower San Gabriel, Lower Los Angeles, and Peninsula Cities Watershed Management Groups. Education B.S. Chemical Engineering, CSULB B.S. Biological Sciences, UCI Certifications and Licenses CA Professional Chemical Engineer, 4724 CA Registered Environmental Assessor, 0900 CA Hazardous Substance Removal, A3382 CA General Engineering License, A-582340 6.16.a Packet Pg. 172 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 19 Cameron McCullough, MS, CPSWQ, QSD/P, IGP ToR Director Cameron McCullough has fourteen years of experience in the environmental compliance field, specializing in surface water quality regulation. His experiences include managing the development and implementation of municipal NPDES, TMDL, and FOG Control programs, assisting and training municipal staff in their in-house NPDES programs, and representing client interests in interactions with regulators and other stakeholders. Recent Experience and Project Qualifications Municipal NPDES Permit Management: Mr. McCullough serves as a Programs Manager of municipal NPDES Permit programs for multiple cities throughout the Southland. Permits managed include the NPDES stormwater permits — MS4, IGP, CGP—as well as non-stormwater permits and related orders such as those for drinking water system releases and sanitary sewer overflows. Permit programs address (1) stormwater quality for construction, industrial, and municipal activities and post-construction BMPs for development activities, (2) non-stormwater discharges to and from the MS4, (3) TMDLs for water bodies impaired by trash, metals, toxics, and bac teria, and (4) surface water quality monitoring. Through his program management activities, he has developed qualifications that meet those required to serve as the Project Manager for this project. Specific examples of these qualifications include:  Serving as a Project Manager for contracted MS4 NPDES Program assistance for local cities. (Lomita, Glendale, Hawthorne, Monterey Park, Placentia, Stanton, Temple City, Villa Park, West Covina, and West Hollywood.) Responsibilities include serving as project point-of-contact, overseeing the Project Team, ensuring successful completion of the project, and representing the client in interactions with regulators and watershed groups.  Through these projects Mr. McCullough has served as Project Lead to all subordinate members of the team for this project. As such the team has developed a track record of working together effectively.  Representing cities in MS4 NPDES Permit compliance audits from the Regional Water Quality Control Board. (Seal Beach 2006, 2010, Stanton 2010, 2014, Big Bear Lake 2007.)  Developing 1) watershed-based compliance plans for wet and dry weather TMDLs for Metals, Toxics, Bacteria, and Trash (Lower Los Angeles River, Lower San Gabriel River, and Long Beach Nearshore Watersheds: 2013 - 2016), 2) municipal Stormwater Quality Management Programs (Stanton 2011, Villa Park 2015) and 3) SWPPPs (Downey, Norwalk, Lynwood, Pico Rivera, West Covina: 2011-2016).  Leading hundreds of municipal training sessions in MS4, IGP, CGP, and Drinking Water System NPDES Permits, as well as SSO spill response and FOG control. (26 municipal clients from 2004 -2016, covering 3 State Water Board Regions and 5 Phase I MS4 Permits.) Watershed Management: Mr. McCullough served as a Project Manager for the development of the Watersh ed Management Programs (WMPs) for the Lower Los Angeles River, Lower San Gabriel River, and Long Beach Nearshore Watershed Groups (2013-2016). The WMPs were developed by MS4 Permittees with shared watershed boundaries, with the objective of achieving surface water quality standards. Tasks included identifying water quality priorities, evaluating existing control measures, developing new control measures and compliance schedules, and providing quantitive reasonable assurance to attain water quality standards. He has also lead multi-jurisdictional workshops and technical committees on watershed management program implementation, and engaged with Regional Water Quality Control Board members, staff and non-governmental organizations in support of contested issues regarding the watershed management compliance approach. Through representation of municipal clients’ stakeholder interests, Mr. McCullough has also participated in the development of watershed management programs and monitoring programs for the Los Cerri tos Channel, Dominguez Channel, Upper Los Angeles River, and Upper San Gabriel River (2013-present). Education M.S., Applied Mathematics, CSULB B.S., Physics, CSULB Certifications CPSWQ, Envirocert (#0842) QSD/QSP, CASQA (#22706) IGP Trainer of Record, CASQA (#079) Affiliations Phi Beta Kappa Society Society for Industrial & Applied Math 6.16.a Packet Pg. 173 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 20 Jillian Brickey, MS, CPSWQ, QSD/P, CGP ToR Director Jillian Brickey has eleven years of experience in environmental management, specializing in stormwater and watershed management and water conservation. Her relevant experiences include implementing and managing NPDES municipal Permit programs for Low Impact Development, Development Construction, and TMDL/watershed management. Tasks include includes plan review and approval, reporting, training municipal staff in program implementation, and representing client interests in interactions with regulators and other stakeholders. Recent Experience and Project Qualifications Municipal NPDES Permit Management: Ms. Brickey serves as a Programs Manager of municipal NPDES Permit programs for multiple cities throughout the Southland. NPDES Permits managed include all elements of the MS4 and CGP Permits, including erosion/sediment control and Low Impact Development (LID) for construction projects, and TMDL implementation for water bodies impaired by trash, metals, toxics, and bacteria. Through these management activities, she has:  Represented cities in MS4 NPDES Permit New Development compliance audits from the Regional Water Quality Control Board. (Seal Beach: 2010, 2015, Stanton: 2010).  Developed TMDL compliance plans for Metals, Toxics, Bacteria, and Trash. (Lower Los Angeles River, Lower San Gabriel River, Long Beach Nearshore Watersheds: 2013-2016.)  Served as primary contact with clients and represented their interests when interacting with regulators. (Covina, La Habra, Seal Beach, South Pasadena, Stanton, Pasadena, West Hollywood).  Developed Stormwater Quality Management Programs (Seal Beach: 2011), LID compliance guideline documents (Gateway cities, 2014), and LID ordinances (2014).  Held CGP QSD/QSP training as a CGP ToR (Pasadena, 2016) and led over one hundred municipal training sessions in MS4 and CGP Permits. (Over 20 municipal clients: 2008-2016).  Reviewed on behalf of municipal clients hundreds of LID Plans, WQMPs, and SWPPPs and verified proper installation and maintenance of hundreds of LID BMPs.  Supervised JLHA plan checking staff. Watershed Management: Ms. Brickey served as a Project Manager for the development of the Watershed Management Programs (WMPs) for the Lower Los Angeles River and Lower San Gabriel River Watershed Groups (2013-2016). The WMPs were developed by MS4 Permittees with shared watershed boundaries, with the objective of achieving surface water quality standards. Tasks included evaluating existing control measures and developing new control measures and compliance schedules to achieve water quality standards. She also oversaw the development and implementation of LID ordinances as required by the WMP development process. This included preparing a LID Ordinance Equivalency Demonstration for the City of Long Beach. She has also lead multi-jurisdictional workshops and technical committees on watershed management program implementation, and engaged with Regional Water Quality Control Board members, staff and non- governmental organizations in support of contested issues regarding the watershed management compliance approach. Through representation of municipal clients’ stakeholder interests, Ms. Brickey has also participated in the development of watershed management programs and monitoring programs for the Upper Los Angeles River, Upper San Gabriel River, and Peninsula Cities Watershed Groups (2013-present). 11 Years of Experience in Water Quality Education M.S., Environmental Science, CSUF B.S., Zoology, Cal State Poly Pomona Certifications CPSWQ, Envirocert (#0845) QSD/QSP, CASQA (#22731) CGP Trainer of Record, CASQA 6.16.a Packet Pg. 174 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 21 Michelle Staffield, MSE, CPSWQ, QSD Water Resources Engineer Michelle Staffield has managed a variety of water quality improvement programs throughout Southern California. Her relevant experiences and tasks include implementing and managing NPDES municipal permit provisions such as watershed management, planning and land development, TMDL compliance, public information and participation, and representing clients at meetings. She is also involved in the development and review of Water Quality Management Plans (WQMPs), Standard Urban Stormwater Mitigation Plans (SUSMPs), and Watershed Management Programs. Her current responsibilities include providing municipal NPDES plan checking services, conducting BMP verification and maintenance inspections, representing clients in meetings, and assisting in the implementation of Watershed Management Programs. Michelle’s client-specific responsibilities at JLHA include:  Reviewing LID Plans following the standards of the Los Angeles County area-wide MS4 Permit for the cities of Diamond Bar, Downey, Monterey Park, Norwalk, Pasadena, Santa Fe Springs, Signal Hill, South Gate, and West Hollywood.  Reviewing WQMPs following the standards of the North Orange County area-wide MS4 Permit for the cities of Buena Park, La Habra, Seal Beach, and Stanton. (WQMPs are the Orange County- equivalent of Los Angeles County’s LID Plans.)  Serving as point-of-contact with project engineers for the LID Plan and WQMP review process.  Conducting post-construction BMP inspections for the City of West Hollywood.  Assisting in municipal TMDL compliance activities, including the preparation of Trash TMDL studies and compliance reports.  Assisting in MS4 Permit Project Management for the Cities of South Gate and Signal Hill. Tasks include serving as a point-of-contact with City staff, representing city interests at watershed meetings and other NPDES-related meetings and hearings, and preparing the Individual Annual Report. Assisting in Project Management of Watershed Management efforts under the LA County area-wide MS4 Permit. (Lower Los Angeles River and Lower San Gabriel River Watershed Management Groups.) Tasks include administering meetings, managing subcontractors, and preparing the watershed Annual Report. 10 Years of Experience in Water Quality Education M.S., Civil Engineering, Loyola Marymount B.S., Ecology, Behavior, & Evolution, UCSD Certifications EIT #141553, NCEES CPSWQ, Envirocert (#1136) QSD, CASCA (#26529) 6.16.a Packet Pg. 175 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 22 Jose Rodriguez, CESSWI, QSP Field Operations Manager Jose Rodriguez has worked with John L. Hunter & Associates in the environmental compliance fields of NPDES, FOG and Industrial Waste Control for eleven years. His relevant experiences and tasks include implementing NPDES municipal permit provisions such as industrial/commercial inspections, illicit discharge detection and elimination, construction inspections, public education, public agency inspections, TMDL compliance, municipal staff training and completing annual reports. He has experience in conducting outfall screening and monitoring for non-storm water discharges in both the Lower Los Angeles River and the Lower San Gabriel River. In total, Mr. Rodriguez has conducted several thousand inspections for agencies such as Stanton, Seal Beach, South Gate, Hawthorne, South El Monte, Arcadia and the Orange County Sanitation District. Related Experience Inspection Services Mr. Rodriguez supervises field activities at JLHA, including inspection work to verify compliance with state and local environmental regulations. This includes MS4 NPDES Permit compliance inspections at commercial facilities such as restaurants and nurseries, NPDES-permitted industrial and construction sites, municipal facilities, and new developments. (New developments are inspected to verify proper post-construction BMP installation and maintenance verification.) He also oversees Industrial Waste and Fats, Oils, and Grease (FOG) Control BMP/pretreatment device inspections, as well as Clean Bay Restaurant (CBR) inspections. The CBR program incorporates elements of NPDES, FOG, and waste management. In addition to supervising field staff, Mr. Rodriguez has conducted thousands of inspections through his tenure with JLHA. Clients include South Gate, Signal Hill, Downey, Paramount, and Manhattan Beach. In 2014 he represented the City of Stanton in a State compliance audit of the City’s Industrial/commercial facility inspection program. The State auditors did not find program deficiencies. Monitoring Services Mr. Rodriguez supervises source investigations for outfalls with dry weather flows in both Orange and LA Counties. (OC Clients: Stanton, Seal Beach, Placentia, La Habra, Villa Park.) Within LA County, this work included the initial source identification work for the Lower San Gabriel River, Lower Los Angeles River, and Peninsula Cities Watershed Groups. Together these Groups represent twenty cities. He has also conducted stormwater sampling following the requirements of the Industrial General Permit (South Gate) and supervised trash generation monitoring studies as required by the LA River Trash TMDL. (Monterey Park, Glendale, South Pasadena, Temple City.) Planning and Reporting Mr. Rodriguez prepares NPDES annual reports for Industrial General Permit (IGP) facilities (West Covina, South Gate, and Norwalk) as well as MS4 Permittees throughout Orange and LA County. As part of the MS4 Annual Report, he has prepared outfall screening reports. He has also developed Industrial SWPPPs for the Cities of Norwalk and South Gate. Education B.S., Biology, UCI Certifications and Training CESSWI, Envirocert (#2830) QSP, CASQA (#22917) 40 Hour HAZWOPER Basic Inspector Academy, Cal EPA Spanish fluency 6.16.a Packet Pg. 176 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 23 Hugo Garcia, CESSWI, QSP Environmental Compliance Specialist II Hugo Garcia has six years of experience with John L. Hunter & Associates, specializing in NPDES and Industrial Waste/FOG Control regulations. His experiences include MS4 compliance of the Public Information and Participation, Industrial/Commercial, Construction, Public Agency, and Illicit Connections & Illicit Discharge Elimination Programs. In addition, Hugo provides assistance with TMDL implementation and serves as the lead GIS Specialist providing spatial analysis to clients in the Los Angeles and Orange counties. Recent Experience and Project Qualifications Mr. Garcia currently serves as an Environmental Compliance Specialist II whose responsibilities include field compliance inspections for local cities (La Habra, South Gate, and Whittier), and providing assistance with the implementation of the several Watershed Management Programs in the Los Angeles County. Specific examples of these and past qualifications include:  Conducting over 2,000 NPDES compliance inspections at Industrial/Commercial (i.e. auto, restaurant, nursery), and State-permitted construction sites  Assisting with the implementation and reporting of the LA River’s Trash TMDL DGR Study  Assisting with the development of the Lower LA River Watershed Management Group Trash Monitoring Reporting Plan (TMRP).  Assisting with the development of a Stormwater Pollution Prevention Plan (SWPPP) for both Signal Hill and West Covina facilities, as required by the State’s Industrial General Permit (IGP) program.  Developing and maintaining GIS databases of 1) MS4 outfall locations with and without Non‐ Stormwater Discharges, 2) retrofitted catch basin storm drain systems, and 3) potential sites for multi- agency, multi-watershed low impact development (LID) regional projects throughout the Los Angeles River and San Gabriel River watersheds  Reviewing preliminary plumbing plans for new development and tenant improvement projects at Industrial Waste/FOG facilities in the cities of Arcadia, Signal Hill, South El Monte, South Gate, and Stanton  Preparing a Spill, Prevention, Control, and Countermeasure (SPCC) Plan for the City of South Gate’s Corporation Yard and providing training Education B.S., Environmental Science, UCR Certifications and Training CESSWI, Envirocert (#4769) QSP, CASQA (#26091) Professional Certificate in GIS 24 Hour HAZWOPER Basic Inspector Academy, Cal EPA Spanish fluency 6.16.a Packet Pg. 177 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 24 Rosalinda Tandoc, PE Staff Civil Engineer Overview Ms. Tandoc has over 30 years of experience reviewing and approving structural and architectural plans. Her specialty lies in reviewing and approving such plans for compliance with Permits (including MS4), City ordinances (including LID and Green Streets/Fats, Oils, and Grease/Industrial Waste/Erosion Control), Building Codes, and other State Laws. At JLHA, she has been instrumental in expediting plan review and approval for issuance of permits, interacting with clients to troubleshoot project development problems, and expediently facilitating completion of client projects. She has done this for all of JLHA’s past and current clients, which now includes 23 cities. Education Certifications and Licenses Master of Science in Civil Engineering CA Registered Civil Engineer California State University, Long Beach Related Experience With JLHA (Starting 2006 )  Reviews structural and architectural plans and residential and large and complicated buildings for compliance with the MS4 Permit, City Ordinances and State Law.  Interacts with developers to facilitate completion of their projects  Worked with the Principal in investigating problems presented to them.  Code Consultant Prior Experience:  Los Angeles County Department of Public Works Building and Safety Division (1979 – 2006)  Coordinated with local agencies in expediting the issuance of permits  Assisted Permit Technician in solving problems that he or she may have incurred in the processing of permits and other related problems that need to be resolved at the counter.  Assisted the City in developing ways and methods of expediting the processing of plans for issuance of permits.  Assisted the City in developing plans and methods for effective office organization in the City Building Department in working with the City Planning Department. Personal Advancement Courses Achievements/Volunteer Works Engineering Management Outstanding Woman of 1998, City of Cerritos Communication Greater Long Beach Girl Scout Council Diversity Training Cerritos Senior Center, City of Cerritos Business and English Writings St. Linus Parish, Norwalk, CA Supervisory Management Cathedral of Our Lady of the Angels, Los Angeles 6.16.a Packet Pg. 178 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 25 IV. Fee Schedule and Estimated Costs A. Fee Schedule Principal $185/hr Director $165/hr Staff Engineer $165/hr Project Manager $155/hr Assistant Project Manager $145/hr Project Engineer $145/hr Environmental Compliance Specialist II $115/hr Project Analyst II $115/hr Industrial/commercial facility inspection $115/hr Environmental Compliance Specialist I $95/hr Project Analyst I $95/hr Administrative Assistant, Laborer (OSHA 40hr certified) $65/hr State Certified Laboratory Analysis Cost + 5% Legal Consultation, Court Appearances/Document review, etc. $250/hr Subcontracted equipment Cost + 5% Fee Schedule effective as of January 1, 2018 6.16.a Packet Pg. 179 Proposal for Municipal NPDES Professional Services March 30, 2018 P a g e 26 B. Assumptions Table 17 lists the assumptions proposed for one year of services. These assumptions are used to calculate the annual not-to-exceed fee. Tables 17. Annual Scope of Work Assumptions Track 200 industrial/commercial facilities Inspect 100 industrial/commercial facilities* Educate 100 industrial/commercial facilities Conduct 25 follow-ups at industrial/commercial facilities Prepare 25 enforcement actions at industrial/commercial facilities Track 8 LID Plan projects Review/approve 8 LID Plan projects Conduct 5 LID BMP verification inspections (as-needed) Notify 6 sites on LID BMP maintenance Conduct 6 LID BMP maintenance inspections Conduct 6 LID BMP verification/maintenance follow-up inspections Review/approve 3 SWPPPs Track 8 CGP sites monthly Inspect 8 CGP sites monthly Conduct 96 CGP inspections in total Conduct 48 follow-ups at construction sites Prepare 25 enforcement actions at construction sites Hold 2 staff training sessions on five topics *Note the RFP states that all 200 facilities should be inspected. Since the inspection frequency is once every 2.5 years, the City has until approximately June 30, 2020, to inspect the 200 facilities. As such, 100 inspections will be assumed per year. If through program implementation the Project Team finds that these quantities are underestimates, we will inform the City. In this event additional work will not be conducted without written approval from the City. 6.16.a Packet Pg. 180 Municipal NPDES Professional Services City of Diamond Bar Description Hours Fee 1. Watershed/TMDL and General NPDES Compliance Services 76 10,210$ 2. Private Land Development Stormwater Management Services a. Review/Approve 3 SWPPP's 18 2,610$ b. Track/Inspect 8 CGP Sites Monthly 96 11,040$ c. Conduct up to 4 follow up inspections monthly 17 1,955$ d. Prepare up to 25 enforcement actions within the fiscal year 9 1,035$ 3. City Project Stormwater Management Services a. Review/Approve 5 Private Development LID Projects 56.25 8,156$ b. Track 5 Private Development LID Projects Included in 3.a -$ c. Review/Approve 3 City LID Projects 33.75 4,894$ d. Track 3 City LID Projects Included in 3.c -$ e. Conduct BMP Inspections as needed for 5 sites 5 725$ f. Notify 6 sites for BMP Maintenance 3 435$ g. Conduct 6 BMP Maintenance Inspections with follow-up 8 1,160$ 4. Industry/Commercial Facilities Services a. Track/Inspect/Educate 200 Facilities 167 16,945$ b. Conduct up to 25 follow-up inspections within the year 14 1,610$ Prepare up to 25 enforcement actions within the year 7 805$ 5. Public Agency Activity Services and Public Information Program Services 34 3,710$ 6. Illicit Discharge and Elimination Services As-needed -$ 7. Preparation and Submission of the MS4 NPDES Annual Report 36 4,140$ 8. QA/QC Program 10 1,450$ 3. City Project Stormwater Management Services* Provide guidance to City Staff and design consultants as needed to ensure projects are meeting Green Street Policy 4 580$ John L. Hunter & Associates Total 71,460$ *Note hours and fee for Green Street Policy guidance were not included in provided spreadsheet, and have been added here as a separate line item. 6.16.a Packet Pg. 181 Agenda #: 6.17 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: APPROVAL OF THE DESIGN AND PLANS, AND AW ARD OF CONSTRUCTION AGREEMENT TO ARAMEXX GROUP, INC. FOR THE CITY ENTRY MONUMENT SIGNS PROJECT AT DIAMOND BAR BLVD./ TEMPLE AVE. & GOLDEN SPRINGS DRIVE/ CALBOURNE DRIVE. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Adopt Resolution No. 2018-XX approving the design and plans, and establishing a project payment account, for the City Entry Monum ent Signs Project at Diamond Bar Blvd. / Temple Ave. & Golden Springs Drive/ Calbourne Drive; B. Approve, and authorize the Mayor to sign, a Construction Agreement with Aramexx Group, Inc. in the amount of $492,265 approving Base Bid Schedules "A" and "B", Alternate Bid Schedules "A3" and "B3"; and Alternate Bid Items (A -1.9, A-1.10, A- 1.11, B-1.9, B-1.10, B-1.11), plus a contingency amount of $49,226.50, for Contract Change Orders to be approved by the City Manager, for a total authorization amount of $541,491.50; and C. Reject Alternate Bid Schedules “A2” and “B2”, and Alternate Bid Items (A -1.1 through A-1.8) and (B-1.1 through B-1.8) in the amount of $145,540. FISCAL IMPACT: Sufficient funds are included in the FY 2018-2019 Capital Improvement Program for this project, including construction management, inspections and contingencies as follows: 6.17 Packet Pg. 182 City Entry Monument Signs Project, Project No. 26516 Budget Encumbrance Balance FY 18-19 Available Budget 602,000.00$ 602,000.00$ Construction 492,265.00$ 109,735.00$ Construction Contingency (10%)49,226.50$ 60,508.50$ Estimated CM/ inspections + Contingency 60,508.50$ -$ BACKGROUND/ DISCUSSION: The proposed project will provide new City entry monuments and landscaping enhancements at the north entrance to the City along Diamond Bar Blvd. at Temple Ave. and at the west entrance to the City along Golden Springs Drive at Calbourne Ave. The entry sign designs reflect the community’s early ranch days with the current mo dern day character of the City and will compliment all of the components on the recently installed entry monument sign at Grand Avenue/Longview Drive. The new City entry monument signs at the two proposed locations will include stone veneer, ledge stone, precast concrete accent walls, decorative steel panels, letters, and accent lighting. The landscape median improvements will include modifications and additions to existing irrigation and electrical systems, landscape plants, canyon clay angular rocks, median concrete post and wooden rails with decorative steel panels and accent boulders. The construction of these two new entry monument signs are consistent with the Strategic Plan that identifies the implementation of design features of the City-wide Streetscape Design Guidelines at City entry points. With the completion of the plans and specifications, the project was advertised for bid on March 16, 2018 with a bid opening on April 5, 2018. Two (2) bid proposals were received. Aramexx Group, Inc. was the lowest responsible bidder with a total base bid amount of $346,761. The project specifications included two base bid schedules and six alternate bid schedules. Base Bid Schedules “A” and “B” included the construction of an entry monument sign and landscape median improvements at each of the two locations. The lowest responsible bidder was determined based on the sum of Base Bid Schedule s “A” and “B” as shown below: Company Base Bid Amount 1. Aramexx Group, Inc. $ 346,761.00 2. Kasa Construction, Inc. $ 565,555.50 The Alternate Bid Schedules included improvements to be constructed in the sidewalk area that include four (4) parkway columns with post and wooden rail, removal and replacement of concrete sidewalk, parkway irrigation system improvements, parkway landscape plants and mulch. The Alternate Bid Schedules also included four (4) median post and wooden rail with decorative steel panels including accent lighting, and accent boulders in the medians. The total alternate bid amount submitted by Arramex was $291,044. 6.17 Packet Pg. 183 The bid amounts and alternate bid items were presented to the City Council at a study session on May 15, 2018 as part of the FY 2018-2019 Capital Improvement Program. Based on the direction provided from the City Council, the alternate bid items that include four (4) median post and wooden rail with decorative steel panels, accent lighting and boulders will be constructed as part of this contract, for a total alternate bid amount of $145,504. The remaining alternate bid items will be rejected. With the addition of the alternate bid items identified, the contract authorization will be $492,265 which is the sum of the base bid amount of $346,761 plus the alternate bid amount of $145,504. An additional authorization amount of $49,226.50 is being requested as contingency for contract change orders to be approved by the City Manager. Staff has verified the contractor state license for Aramexx Group, Inc. to be valid. References were also checked for similar projects. The project schedule is tentatively set as follows: Award of Contract June 19, 2018 Start of Construction August 2018 Completion of Construction October 2018 PREPARED BY: REVIEWED BY: Attachments: 1. 6.17.a Resolution No. 2018-XX 2. 6.17.b Contract Agreement for Aramexx Group Inc. 3. 6.17.c Attachment 3 - Location Map 4. 6.17.d Plans 6.17 Packet Pg. 184 1 RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESIGN AND PLANS FOR THE CITY ENTRY MONUMENT SIGNS PROJECT AT DIAMOND BAR BLVD./ TEMPLE AVE. & GOLDEN SPRINGS DRIVE/CALBOURNE DRIVE PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT. The City Council of the City of Diamond Bar does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The City retained Integrated Consulting Group, Inc. (“Consultant”) as the engineer to design and prepare the plans for the City Entry Monument Signs at Diamond Bar Blvd. / Temple Ave. & Golden Springs Drive/ Calbourne Drive; B. The Consultant informed the City Engineer that these plans are complete and that construction of the Project may begin; C. The City Engineer reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and the Project may be constructed; D. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project. SECTION 2: Design Immunity; Authorization. A. The design and plans for the Project are determined to be consistent with the City’s standards and are approved. B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced. C. The approval granted by this Resolution conforms with the City’s General Plan. D. The City Engineer, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the design and plans approved by this Resolution. E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. SECTION 3: Project Payment Account. For purposes of the Contract Documents 6.17.a Packet Pg. 185 2 administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the current fiscal year budget to pay for the Project (“Project Payment Account”). The Project Payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. SECTION 4: The City Clerk is directed to certify the adoption of this Resolution. SECTION 5: This Resolution will become effective immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 19th day of June, 2018. ________________________ Ruth M. Low, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 19th day of June, 2018, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ____________________________________ Tommye A. Cribbins, City Clerk 6.17.a Packet Pg. 186 6.17.b Packet Pg. 187 6.17.b Packet Pg. 188 6.17.b Packet Pg. 189 6.17.b Packet Pg. 190 6.17.b Packet Pg. 191 6.17.b Packet Pg. 192 6.17.b Packet Pg. 193 6.17.b Packet Pg. 194 6.17.b Packet Pg. 195 6.17.b Packet Pg. 196 6.17.b Packet Pg. 197 6.17.b Packet Pg. 198 6.17.b Packet Pg. 199 6.17.b Packet Pg. 200 6.17.b Packet Pg. 201 6.17.b Packet Pg. 202 6.17.b Packet Pg. 203 6.17.b Packet Pg. 204 6.17.b Packet Pg. 205 6.17.b Packet Pg. 206 6.17.b Packet Pg. 207 6.17.b Packet Pg. 208 6.17.b Packet Pg. 209 6.17.b Packet Pg. 210 6.17.b Packet Pg. 211 6.17.b Packet Pg. 212 6.17.b Packet Pg. 213 6.17.b Packet Pg. 214 6.17.b Packet Pg. 215 6.17.b Packet Pg. 216 6.17.b Packet Pg. 217 6.17.b Packet Pg. 218 6.17.b Packet Pg. 219 Locations Map Diamond Bar Blvd./ Temple Avenue Golden Springs Drive/ Calbourne Drive 6.17.c Packet Pg. 220 6.17.d Packet Pg. 221 6.17.d Packet Pg. 222 6.17.d Packet Pg. 223 6.17.d Packet Pg. 224 6.17.d Packet Pg. 225 6.17.d Packet Pg. 226 6.17.d Packet Pg. 227 6.17.d Packet Pg. 228 6.17.d Packet Pg. 229 6.17.d Packet Pg. 230 6.17.d Packet Pg. 231 6.17.d Packet Pg. 232 6.17.d Packet Pg. 233 6.17.d Packet Pg. 234 6.17.d Packet Pg. 235 6.17.d Packet Pg. 236 6.17.d Packet Pg. 237 6.17.d Packet Pg. 238 6.17.d Packet Pg. 239 6.17.d Packet Pg. 240 6.17.d Packet Pg. 241 6.17.d Packet Pg. 242 Agenda #: 7.1 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RESOLUTIONS LEVYING ASSESSMENTS ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTS (LLAD) NO. 38, 39 & 41. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Receive staff report, open the Public Hearing, receive testimony, close the Public Hearing, discuss and adopt Resolution Nos. 2018 -XX (LLAD No. 38), 2018-XX (LLAD No. 39), and 2018-XX (LLAD No. 41). FINANCIAL IMPACT: District No. 38 As shown on the attached Engineer’s Report, $274,170 of assessment generated by this District and $101,240 of the General Fund are proposed to pay for the operation and maintenance costs budgeted in special fund No. 138. District No. 39 As shown on the attached Engineer’s Report, $294,764 of assessment generated by this District and $245,500 of General Funds are proposed to pay for the operation and maintenance costs budgeted in special fund No. 139. District No. 41 As shown on the attached Engineer’s Report, $122,157 of assessment generated by this District and $143,910 of General Funds are proposed to pay for the operation and maintenance costs budgeted in special fund No. 141. BACKGROUND/DISCUSSION: As part of these assessment district updates, the City must undergo a three-step 7.1 Packet Pg. 243 process. Throughout the entire process, all proceedings for the maintenance of improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 Division 15 of the Streets and Highways Code of the State of California and applicable provisions of Proposition 218, Article 10 XII D of the California Constitution. This is the final part of the process where the Council conducts a public hearing on each of the District’s proposed annual assessment and considers the related resolutions confirming the levy of the assessments. District No. 38 The attached Engineer’s Report for the City’s Landscaping Assessment District Number 38, which is prepared pursuant to provisions of the Landscaping and Lightin g Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District, and the assessments. The estimated number of parcels within the District is 18,143 parcels. The amount assessed upon the lands within District Number 38 for Fiscal Year 2017-2018 was $15.00 per parcel. The amount to be assessed for Fiscal Year 2018-2019 is to remain at $15.00 per parcel. The assessments will be utilized towards the general maintenance of City’s medians and parkways. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. District No. 39 The attached Engineer’s Report for the City’s Landscaping Assessment District Number 39, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of operation and maintenance, a diagram for the District and the assessments. The estimated number of parcels within the District is 1,251 parcels. The amount assessed upon the lands within District Number 39 for Fiscal Year 2017-18 was $236.00 per parcel. The amount to be assessed for Fiscal Year 2018-19 is proposed to remain at $236.00 per parcel. The assessments will be utilized towards the general maintenance of slopes, open space areas and the five (5) mini parks within District 39. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. District No. 41 The attached Engineer’s Report for the City’s Landscaping Assessment District Number 7.1 Packet Pg. 244 41, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the District is 554 parcels. The amount assessed upon the lands within District Number 41 for Fiscal Year 2017-18 was $220.50 per parcel. The amount to be assessed for Fiscal Year 2018-19 is to remain at $220.50 per parcel. The assessments will be utilized towards the general maintenance of mini parks, slopes, and open space areas within District 41. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment a t the time the assessment is initially imposed. PREPARED BY: Attachments: 1. 7.1.a RES 2018-XX LLAD 38 2. 7.1.b RES 2018-XX LLAD 39 3. 7.1.c RES 2018-XX LLAD 41 7.1 Packet Pg. 245 7.1.aPacket Pg. 246 7.1.aPacket Pg. 247 7.1.aPacket Pg. 248 7.1.aPacket Pg. 249 7.1.aPacket Pg. 250 7.1.aPacket Pg. 251 7.1.aPacket Pg. 252 7.1.aPacket Pg. 253 7.1.aPacket Pg. 254 7.1.aPacket Pg. 255 7.1.aPacket Pg. 256 7.1.aPacket Pg. 257 7.1.aPacket Pg. 258 7.1.aPacket Pg. 259 7.1.aPacket Pg. 260 7.1.aPacket Pg. 261 7.1.aPacket Pg. 262 7.1.aPacket Pg. 263 7.1.aPacket Pg. 264 7.1.aPacket Pg. 265 7.1.aPacket Pg. 266 7.1.aPacket Pg. 267 7.1.aPacket Pg. 268 7.1.aPacket Pg. 269 7.1.aPacket Pg. 270 7.1.aPacket Pg. 271 7.1.aPacket Pg. 272 7.1.aPacket Pg. 273 7.1.aPacket Pg. 274 7.1.aPacket Pg. 275 7.1.aPacket Pg. 276 7.1.aPacket Pg. 277 7.1.bPacket Pg. 278 7.1.bPacket Pg. 279 7.1.bPacket Pg. 280 7.1.bPacket Pg. 281 7.1.bPacket Pg. 282 7.1.bPacket Pg. 283 7.1.bPacket Pg. 284 7.1.bPacket Pg. 285 7.1.bPacket Pg. 286 7.1.bPacket Pg. 287 7.1.bPacket Pg. 288 7.1.bPacket Pg. 289 7.1.bPacket Pg. 290 7.1.bPacket Pg. 291 7.1.bPacket Pg. 292 7.1.bPacket Pg. 293 7.1.bPacket Pg. 294 7.1.bPacket Pg. 295 7.1.bPacket Pg. 296 7.1.bPacket Pg. 297 7.1.bPacket Pg. 298 7.1.bPacket Pg. 299 7.1.bPacket Pg. 300 7.1.bPacket Pg. 301 7.1.bPacket Pg. 302 7.1.bPacket Pg. 303 7.1.bPacket Pg. 304 7.1.bPacket Pg. 305 7.1.bPacket Pg. 306 7.1.bPacket Pg. 307 7.1.bPacket Pg. 308 7.1.bPacket Pg. 309 7.1.bPacket Pg. 310 7.1.cPacket Pg. 311 7.1.cPacket Pg. 312 7.1.cPacket Pg. 313 7.1.cPacket Pg. 314 7.1.cPacket Pg. 315 7.1.cPacket Pg. 316 7.1.cPacket Pg. 317 7.1.cPacket Pg. 318 7.1.cPacket Pg. 319 7.1.cPacket Pg. 320 7.1.cPacket Pg. 321 7.1.cPacket Pg. 322 7.1.cPacket Pg. 323 7.1.cPacket Pg. 324 7.1.cPacket Pg. 325 7.1.cPacket Pg. 326 7.1.cPacket Pg. 327 7.1.cPacket Pg. 328 7.1.cPacket Pg. 329 7.1.cPacket Pg. 330 7.1.cPacket Pg. 331 7.1.cPacket Pg. 332 7.1.cPacket Pg. 333 7.1.cPacket Pg. 334 7.1.cPacket Pg. 335 7.1.cPacket Pg. 336 7.1.cPacket Pg. 337 7.1.cPacket Pg. 338 7.1.cPacket Pg. 339 7.1.cPacket Pg. 340 7.1.cPacket Pg. 341 7.1.cPacket Pg. 342 7.1.cPacket Pg. 343 Agenda #: 8.1 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RESOLUTIONS CALLING AND GIVING NOTICE OF GENERAL MUNICIPAL ELECTIONS AND SUBMISSION OF A QUESTION RELATED TO TRANSIENT OCCUPANCY TAX, CONSOLIDATING THE GENERAL MUNICIPAL ELECTIONS WITH THE STATEWIDE GENERAL ELECTIONS ON NOVEMBER 6, 2018, SETTING DEADLINES AND PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING THE CITY INITIATED TRANSIENT OCCUPANCY TAX MEASURE, AND ADOPTING REGULATIONS RELATED TO CANDIDATE STATEMENTS. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: A. Adopt Resolution No. 2018-XX calling and giving notice of the General municipal elections to be held on November 6, 2018 for the election of certain Municipal Officers and for the submission to the voters of a question related to Transient Occupancy Tax; B. Adopt Resolution No. 2018-XX requesting the Los Angeles County Board of Supervisors to consolidate the General municipal elections with the Statewide General elections; C. Adopt Resolution No. 2018-XX setting deadlines and priorities for filing written arguments regarding the City initiated Transient Occupancy Tax Measure; and D. Adopt Resolution No. 2018-XX adopting regulations for candidates for elective office related to candidate statements. FINANCIAL IMPACT: The cost to consolidate the general municipal election and Transient Occupancy Tax (TOT) measure is estimated at approximately $225,000 and is included in the adopted Fiscal Year 2018-2019 Budget. Should the TOT measure pass, it is estimated that revenues would increase by approximately $450,000 annually. 8.1 Packet Pg. 344 BACKGROUND: The General Municipal Election is scheduled for November 6, 2018. At this time, the City must call an election for the selection of three City Council seats to full four-year terms. Concurrently, the City Council has provided direction to proceed with placing a measure on the ballot to increase the T ransient Occupancy Tax (TOT) rate from 10 percent to 14 percent. If the measure is approved, Section 3.16.030 of the Diamond Bar Municipal Code, entitled “Imposition; amount”, would be amended to provide : “For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of fourteen percent of the rent charged by the operator. This tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city”. DISCUSSION: Various provisions of the Elections Code require that the City formally call and g ive notice of General Municipal Elections. The attached Resolutions adhere to the requirements set forth in the Election Code for the November 6, 2018 General Municipal Elections and are summarized below: 1. Calling and Giving Notice of the November 6, 2018 General Municipal Elections. The Resolution included in Attachment 1 calls for the holding of the November 6, 2018 General Municipal Election. This resolution includes the purpose of the election (in this case the three City Council seats and the TOT measure), ballot measure text, the vote requirement for measure passage (in this case, 50+1 percent), and a statement that the City will reimburse the County for consolidated election costs. 2. Consolidate the General Municipal elections with the State wide General Elections. The Resolution included in Attachment 2 requests that the Los Angeles County Board of Supervisors consolidate the General Municipal Election with the Statewide General Election on November 6, 2018. When consolidated, the local election is held in conjunction with the county and statewide ballot and is overseen and managed by the County of Los Angeles Office of the Registrar/Recorder (County). The City has historically consolidated General Municipal Elections with the County since incorporation. 3. Deadline for Written Arguments Related to the TOT Measure. The Resolution included in Attachment 3 establishes the deadline for written arguments in favor of and against the proposed TOT measure , establishes the order of priority for the selection of written arguments in the event the City Clerk receives more than one, and directs the City Attorney to draft an impartial analysis of the proposed measure. The proposed resolution authorizes Mayor Low and Mayor Pro Tem Herrera to file a single written argument not exceeding 300 words in favor of 8.1 Packet Pg. 345 the measure, but can be modified based on direction from the City Council. The resolution establishes that written arguments in favor of and against the measure and the City Attorney’s impartial analysis are due to the City Clerk on July 9, 2018 no later than 5:30 p.m. 4. Regulations Regarding Candidate Statements. The Resolution included in Attachment 4 adopts regulations governing candidate statements. Consistent with practice during previous elect ions, the resolution establishes that candidate statements may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The resolution also sets standards for foreign language translation. LEGAL REVIEW: This report and the attached resolutions have been reviewed and approved by the City Attorney. PREPARED BY: REVIEWED BY: Attachments: 1. 8.1.a Resolution No. 2018-XX calling and giving notice of the General municipal elections to be held on November 6, 2018 2. 8.1.b Resolution No. 2018-XX requesting the Los Angeles County Board of Supervisors to consolidate the General municipal elections with the Statewide General elections 3. 8.1.c Resolution No. 2018-XX setting deadlines and priorities for filing written arguments regarding the City initiated Transient Occupancy Tax Measure 4. 8.1.d Resolution No. 2018-XX adopting regulations for candidates for elective office related to candidate statements. 8.1 Packet Pg. 346 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING AND GIVING NOTICE FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018 FOR THE ELECTION OF CERTAIN MUNICIPAL OFFICERS AS REQUIRED BY THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO TRANSIT OCCUPANCY TAX. WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 6, 2018 for the purpose of election of three (3) Members of the City Council for the full term of four years; and WHEREAS, the City Council desires to submit to the voters at the same General Municipal Election a question relating to the Transient Occupancy Tax (the “Measure”); and WHEREAS, pursuant to Resolution No. 2018-XX, adopted on June 19, 2018, the City Council requested that the General Municipal Election for election of Members of the City Council and the Measure be consolidated with the Statewide General Election to be held on Tuesday, November 6, 2018. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the laws of the State of California relating to General Law Cities there is called and ordered to be held in the City of Diamond Bar, California, on Tuesday, November 6, 2018 a General Municipal Election for the purpose of electing three (3) Members of the City Council for the full term of four years. SECTION 2. That the City Council, pursuant to its right and authority under Elections Code Section 9222 to submit a measure without a petition, does order submitted at the General Municipal Election the following text of the Measure to the voters of the City of Diamond Bar: 8.1.a Packet Pg. 347 Measure to Fund Diamond Bar Local Services. Shall the Ordinance to increase the Transient Occupancy Tax paid solely by hotel guests from its current rate of 10 percent to 14 percent providing approximately $450,000 annually, with no expiration date to be used for neighborhood sheriff protection, traffic safety improvements, local parks, trails, senior and youth recreation programs and other city services be adopted. Yes No SECTION 3. That the vote requirement for the Measure to be adopted is 50%+1 of the votes cast and if adopted the Measure shall go into effect 10 days after the City Council certifies the election results; SECTION 4. That the complete text of the Measure is attached as Exhibit A. SECTION 5. That the ballots to be used at the election shall be in form and content as required by law. SECTION 6. That the City Clerk is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 7. That the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Electi on Code §10242, except as provided §14401 of the Elections Code of the State of California. SECTION 8. That pursuant to Elections Code Sections 9282 and 9286 the deadline for submitting direct arguments in favor of and arguments against (not to exceed 300 words) the proposed initiative to the City Clerk for transmittal to the County Registrar of Voters is hereby set for July 9, 2018 at 5:30 p.m. Subdivision (a) of Elections Code Section 9285 relating to rebuttal arguments shall not apply. SECTION 9. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 10. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice for the election, in time, form and manner as required by law. SECTION 11. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. 8.1.a Packet Pg. 348 SECTION 12. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the city upon presentation of a properly submitted bill. PASSED, APPROVED AND ADOPTED on June 19, 2018. ________________________ Ruth M. Low, Mayor I, TOMMYE A. 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 19th day of June, 2018, by the following Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: _________________________ Tommye A. Cribbins, City Clerk 8.1.a Packet Pg. 349 EXHIBIT A ORDINANCE NO. ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE CITY OF DIAMOND BAR, AMENDING SECTION 3.13.030 OF THE DIAMOND BAR MUNCIPAL CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX WHEREAS, a measure to increase the transient occupancy tax was put before the voters at a general municipal election held on November 6, 2018; and WHEREAS, the measure received the requisite votes for adoption; and NOW, THEREFORE, the people of the City of Diamond Bar do ordain as follows: Section 1 Section 3.16.030 of the Diamond Bar Municipal Code, entitled– “Imposition; amount” is amended to provide as follows. “For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of fourteen percent of the rent charged by the operato r. This tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city.” 8.1.a Packet Pg. 350 RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2018, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE WHEREAS, pursuant to Resolution No. 2018-XX, the City Council of the City of Diamond Bar called a General Municipal Election to be held on November 6, 2018 for the purpose of the election of three (3) Members of the City Council for the full term of four years; and WHEREAS, pursuant to Resolution No. 2018-XX, the City Council also called for the submission to the voters at the same General Municipal Election a question relating to the Transient Occupancy Tax (the “Measure”); WHEREAS, it is desirable that the General Municipal Election for the election of three (3) Members of the City Council and a vote on the Measure be consolidated with the Statewide General Election to be held on the same date and that within the City, the precincts, polling places and election officers of the two elections be the same, and that the County Election Department of the County of Los Angeles canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the S tatewide General Election on Tuesday, November 6, 2018, for the purpose of the election of three (3) members of the City Council for the full term of four years and a vote on the Measure. SECTION 2. That, as set forth in Resolution No. 2018-XX, the text of the Measure to be presented to the voters of the City of Diamond Bar is to appear on the ballot as follows: 8.1.b Packet Pg. 351 Measure to Fund Diamond Bar Local Services. Shall the Ordinance to increase the Transient Occupancy Tax paid solely by hotel guests from its current rate of 10 percent to 14 percent providing approximately $450,000 annually, with no expiration date to be used for neighborhood sheriff protection, traffic safety improvements, local parks, trails, senior and youth recreation programs and other city services be adopted. Yes No SECTION 3. That the complete text of the Measure is attached as Exhibit A to Resolution No. 2018-XX. SECTION 4. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating municipal elections. SECTION 5. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. SECTION 6. That the City of Diamond Bar recognizes that additional costs will be incurred by the County by reason of this consolidatio n and agrees to reimburse the County for any costs related thereto. SECTION 7. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Los Angeles. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED on the 19th day of June, 2018. ____________________________ Ruth M. Low, Mayor 8.1.b Packet Pg. 352 I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, does 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 19th day of June, 2018, by the following Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: __________________________ Tommye Cribbins, City Clerk 8.1.b Packet Pg. 353 RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, SETTING DEADLINES AND PRIORITIES FOR FILING OF WRITTEN ARGUMENT(S) REGARDING A CITY COUNCIL INITIATED TRANSIENT OCCUPANCY TAX MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, pursuant to Elections Code section 9287, the City Council is given first priority to submit an argument in favor of a proposed City Council initiated measure and to select its member(s) to draft the argument; and WHEREAS, pursuant to Elections Code section 9280, the City Council may direct the City Attorney to prepare an impartial analysis of the measure; and WHEREAS, a pursuant to Resolution No. 2018-XX, the City Council called a General Municipal Election to be held in the City of Diamond Bar, California, on November 6, 2018, at which there will be submitted to the voters the following measure (hereafter, the “Measure”): Measure to Fund Diamond Bar Local Services. Shall the Ordinance to increase the Transient Occupancy Tax paid solely by hotel guests from its current rate of 10 percent to 14 percent providing approximately $450,000 annually, with no expiration date to be used for neighborhood sheriff protection, traffic safety improvements, local parks, trails, senior and youth recreation programs and other city services be adopted. Yes No NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Elections Code §9282 and §9286 the deadline for submitting direct written arguments in favor of and arguments against (not to exceed 300 words) the Measure to the City Clerk for transmittal to the County Registrar of Voters is hereby set for July 9, 2018 at 5:30 p.m. Subdivision (a) of Elections Code §9285 relating to rebuttal arguments shall not apply. SECTION 2. That the City Council authorizes the following member(s) of its body Mayor Ruth Low Mayor Pro Tem Carol Herrera to file a single written argument not exceeding 300 words, including title, in favor of the Measure as specified above, accompanied by the printed name(s) and signature(s) of 8.1.c Packet Pg. 354 the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. SECTION 3. That in the event more than one direct argument is submitted in favor of or in opposition to the Measure, pursuant to Elections Code §9287, the order of priority for the City Clerk in selecting the argument shall be: (1) the City Council, or member(s) of the City Council authorized by the City Council to submit the argument in favor; (2) an individual voter or bona fide association of citizens, or combination thereof, who are the bona fide sponsors or proponents of the measure; (3) bona fide association of citizens; and (4) individual voters who are eligible to vote on measure. SECTION 4. That pursuant to Elections Code §9280 the City Clerk is directed to transmit a copy of the Measure to the City Attorney and the City Attorney is hereby directed to prepare an impartial analysis of the Measure (not to exceed 500 words), showing the effect of the Measure on the existing law and the operation of the Measure, and shall submit such analysis to the City Clerk for transmittal to the County Registrar of Voters by July 9, 2018. PASSED, APPROVED AND ADOPTED THIS 19th day of June, 2018. _____________________________ Ruth M. Low, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, does 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 19th day of June, 2018, by the following Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: __________________________ Tommye Cribbins, City Clerk 8.1.c Packet Pg. 355 RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018 WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. General Provisions. That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Diamond Bar on November 6, 2018 may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The Statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during t he period for filing nomination papers and until 5:30 p.m. of the next working day after the close of the nomination period. SECTION 2. Foreign Language Policy. A. Pursuant to the Federal Voting Rights Act, candidates statements will be translated into all languages required by the County of Los Angeles. The County is required to translate candidate’s statements into the following languages: Spanish and other translations as required by the Federal Voting Rights Act. B. The County will print and mail voter information guides and candidates statements to only those voters who are on the county voter file as having requested a sample ballot in a particular language. The County will make the sample ballots and candidates statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office. 8.1.d Packet Pg. 356 SECTION 3. Payment. A. The candidate shall not be required to pay for the cost of translating the candidates statement into any required foreign language as specified in A of Section 2 above pursuant to Federal and/or State Law. B. The Candidate shall be required to pay for the cost of printing the candidates statement into any foreign language that is not required as specified in B of Section 2 above, pursuant to Federal and/or State law, but is requested as an option by the candidate. The City Clerk shall estimate, based upon the estimates provided by the County of Los Angeles, the total cost of printing, handling, translating and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. SECTION 4. Miscellaneous. (A) All translations shall be provided by professionally-certified translators. (B) That the City Clerk shall allow bold type, underlining, capitalization, indentions, bullets and/or leading hyphens to the same extent and manner as allowed in previous Diamond Bar elections. (C) The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections. SECTION 5. Additional Materials. No candidate will be permitted to include additional materials in the sample ballot package. 8.1.d Packet Pg. 357 SECTION 6. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued. SECTION 7. That all previous resolutions establishing Council policy on payment for candidates’ statements are repealed. SECTION 8. This resolution shall apply only to the election to be held on November 6, 2018, and shall then be repealed. SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED on the 19th day of June, 2018. ____________________________ Ruth M. Low, Mayor I, TOMMYE A. 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 19th day of June, 2018 by the following Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: __________________________ Tommye A. Cribbins, City Clerk 8.1.d Packet Pg. 358 Agenda #: 8.2 Meeting Date: June 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: ORDINANCE XX (2018) REVISING THE CITY'S PURCHASING SYSTEM AND ELECTING TO BECOME SUBJECT TO THE CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNT PROCEDURES BY AMENDING DIAMOND BAR MUNICIPAL CODE CHAPTER 3.24 RELATED TO PURCHASING AND ADDING A NEW CHAPTER 3.25 RELATED TO PUBLIC PROJECTS. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: A. Introduce for first reading by title only, waive full reading of Ordinance No. XX (2018), receive public testimony, and schedule the second reading and adoption at the next regularly scheduled City Council meeting; and B. Adopt Resolution No. 2018-XX electing for the City of Diamond Bar to become subject to the California Uniform Public Construction Cost Accounting Procedures (Public Contract Code Section 22000 et seq.). BACKGROUND: The City’s Purchasing Ordinance was last revised in August 2016. A review of the ordinance was recently conducted in order to ensure compliance with City priorities, policies and to incorporate updates to allow for a more efficient purchasing process. In addition, the City Council held a Study Session on March 6, 2018, to discuss the desire of the City to participate in the Uniform Public Construction Cost Accounting Act (Act). The Act, which is authorized by Public Contract Code Sections 22030 et seq., provides alternative bidding procedures for public work projects making the process more efficient and streamlined. The Act is a voluntary program available to California public agencies. Amendments to the City’s purchasing system necessary to implement the Act are included in the Draft Ordinance (Attachment 1). In addition, the City Council would need to adopt the Resolution (Attachment 2) electing to participate in the Act. 8.2 Packet Pg. 359 DISCUSSION: The current Purchasing System is contained in Chapter 3.24 of the Diamond Bar Municipal Code and includes provisions for the procurement of goods and services, as well as, Public Work projects. In order to implement the Act, Chapter 3.24 is proposed to be revised to address only the procurement of goods and services. A new Chapter 3.25 is proposed to address the procurement of Public Work projects. The proposed changes are summarized below: A. Revision of the City’s Purchasing System; Chapter 3.24 Section 3.24.020 – Definitions The definition section was expanded for clarity. Section 3.24.050 – Authority and Purchasing Limitations This section changes the Purchasing Manager’s signing authority to from $40,000 to $45,000 for non-public projects. This coincides with the requirements set forth in the California Uniform Public Construction Cost Accounting Act (CUPCCAA) for public projects discussed in Chapter 3.25 of the City’s Purchasing Ordinance and in Section B of this report for consistency. Section 3.24.070 – Professional Services This section was expanded for clarity. It adds that the award of contract for professional services is to be based on competence and professional qualifications and not solely on lowest cost. Section 3.24.080 Amendments and Change Orders This section clarifies the procedures for when a change order is required and who must approve it. Section 3.24.130 – Compliance with Federal Requirements This section is new and addresses purchases made with Federal funds. This section is required to be added to all agency’s policies that receive Federal funds. The City is doing so by referencing the United States Office of Management and Budge t code section in the City’s Ordinance and expanding on the required procedures in the City’s Purchasing Policy. Section 3.24.140 – Promulgation of Rules and Regulations by City Manager This section is new and allows the City Manager to make rules and regulations as they relate to procurement in order to implement the provisions set forth in the Purchasing Ordinance. 8.2 Packet Pg. 360 B. Public Projects; New Chapter 3.25 This is a new chapter that is a separate section dealing with the specific rules governing public projects. The rules for public projects was previously contained in Chapter 3.24.090. The procurement of public projects is governed by the Public Contract Code (Sections 22000 et seq.). This requires any public project over $5,000 in value to go throu gh a formal competitive bid process, regardless of whether it is to replace or painting of an existing fence, or construct a multi-million dollar road. While the formal bid process works well for large public projects, it creates challenges for smaller-valued projects. Few contractors will take the time to prepare a formal bid proposal and submit the necessary bid bonds (typically 10% of the bid amount) for those small projects. In 1983 the State of California enacted the Uniform Public Construction Cost Accounting Act (Act) (Public Contract Code Sections 22030 et seq.) which provides alternative bidding procedures making the process more efficient and streamlined in the selection of contractors to perform public projects. The Act is a voluntary program available to California public agencies. To date, the City of Diamond Bar has not elected to utilize the streamlined provisions of the Act. The State Controller’s website reports that there are currently 1,104 public agencies participating in the Act, including 230 California cities. Many participants laude the program because it provides additional flexibility for public works contracting, as well as speeding up the process to award construction contracts. Additional benefits also include improved timeliness of project completions and has eliminated the cumbersome paperwork relative to advertising. Participating cities in the surrounding area include: Azusa, Baldwin Park, Brea, Chino Hills, Claremont, El Monte, La Verne, San Gabriel, San Marino, Walnut and West Covina. The Act presents an opportunity for the more efficient procurement of public works projects, without sacrificing accountability, transparency or competitive pricing. The procedures are designed to allow agencies to streamline the bidding and award of contract procedures. Implementation of the Act in the City of Diamond Bar would provide the ability of Public Works staff to more efficiently and effectively deliver high quality projects to the community. In summary, implementation of the Act would allow public projects with a value of less than $175,000 to utilize an “informal” bid process and the award of contract can be approved administratively. Public projects less than $45,000 could be completed by the City’s workforce. No project would be approved administratively without the proper appropriation in the budget as approved by the City Council. Public projects over $175,000 would require the project’s plans and specifications be approved by City Council prior to a Request for Proposal being issued to prospective bidders. Projects of this scope would continue to utilize the formal bid process and be approved by the City Council. The following table highlights the primary differences between the current and proposed processes for public projects under the Act. 8.2 Packet Pg. 361 The following briefly highlights the differences between the forma l and informal biding processes: PUBLIC CONTRACT CODE VS THE ACT Existing Public Contract Code Proposed Uniform Public Cost Accounting Act Projects Classifications Painting classified as Public Project Minor repainting excluded as public project Improvement or repair of public buildings Excludes maintenance work (routine, recurring, and usual work for the preservation or protection of any public owned or operated facility). Informal Bid threshold None Creates threshold for informal bidding for projects between $45,000- $175,000 Formal Bid Limit $ threshold Public Projects exceeding $5,000 Public Projects Exceeding $175,000 Bid Bonds Required For projects exceeding $5,000 For projects above $175,000 Sealed Bids and Public Opening For projects exceeding $5,000 For projects above $175,000 Advertising 10 days before bid due date For projects above $175,000 Authority to award projects City Council Above $175,000- City Council $45,000-175,000 City Manager Below $45,000: City Manager/Public Works Director Informal Bids Formal Bids Required Notice 10 calendar days before bid due date 14 day advertisement in newspaper Bid Opening No sealed bids Sealed bids Plans & Specs General Description Formal plans/specs Contractor List Yes Yes Construction trade journals Yes-10 days before bid due date 15 days prior to bid opening Adoption of plans, specifications City Council City Council Contract Award Lowest Responsible Bidder Lowest Responsible Bidder 8.2 Packet Pg. 362 LEGAL REVIEW: The City Attorney has reviewed and approved the draft Ordinance. PREPARED BY: REVIEWED BY: Attachments: 1. 8.2.a Ordinance No. XX (2018) Purchasing Ordinance 2. 8.2.b Resolution No. 2018-XX (UPCCAP) 8.2 Packet Pg. 363 1 ORDINANCE xx (2018) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REVISING THE CITY’S PURCHASING SYSTEM CONTAINED IN TITLE 3 OF THE DIAMOND BAR MUNICIPAL CODE BY AMENDING CHAPTER 3.24 RELATED TO PURCHASING AND ADDING A NEW CHAPTER 3.25 RELATED TO PUBLIC PROJECTS WHEREAS, the City has established a purchasing system in Chapter 3.24 of the Diamond Bar Municipal Code to provide an efficient and cost-effective process for the purchase of supplies, services, personal property and equipment; and WHEREAS, Chapter 3.24 of the Diamond Bar Municipal Code also includes procurement requirements for professional services and public projects; and WHEREAS, the City desires to revise and amend Chapter 3.24 of the Diamond Bar Municipal Code to provide additional procedural efficiencies in the procurement of supplies, services, personal property, equipment, and professional services; and WHEREAS, the City desires to be subject to and utilize the informal and formal bidding procedures for public projects as provided for in the voluntary Uniform Public Construction Cost Accounting Act, Public Contract Code 22000 et seq., provisions for such are contained in a new Chapter 3.25 of the Diamond Bar Municipal Code. NOW THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. Title 3, Chapter 3.24 of the Diamond Bar Municipal Code is repealed in its entirety and is replaced to read as follows: Chapter 3.24 Purchasing Sections: 3.24.010 Establishment of a Purchasing System 3.24.020 Definitions 3.24.030 Decentralized Purchasing 3.24.040 Purchasing Manager 3.24.050 Authority and Purchasing Limitations 3.24.060 General Requirements 3.24.070 Professional Services 3.24.080 Amendments and Change Orders 3.24.090 Exceptions to Purchasing Procedures 3.24.100 Local Preference 8.2.a Packet Pg. 364 2 3.24.110 Use of Recycled Materials 3.24.120 Surplus Personal Property 3.24.130 Compliance With Federal Requirements 3.24.140 Promulgation of Rules and Regulations by City Manager Sec. 3.24.010. Establishment of a Purchasing System. To establish efficient procedures for the purchase of supplies, services, personal property, equipment, and professional services; to secure for the City supplies, services, and equipment at the lowest cost commensurate with the quality needed and with due consideration to usability; to exercise positive financial control over purchases; to clearly define authority for the purchasing functions; to assure the quality of purchases; and to buy without favor or prejudice, a purchasing system is adopted and shall control the procedures for all purchases except as otherwise provided by law. Sec. 3.24.020. Definitions. As used in this Chapter, the following words and terms shall be defined as follows unless the context indicates that a different meaning is intended: Bid means the response submitted by a bidder to an invitation for bids issued by the City for goods, services or public projects. Budget Authority means that with the exception of emergency procedures, no purchase shall be made without prior approval and appropriation in the City’s annual budget. Capital Asset means land, improvements to land, easements, buildings, building improvements, vehicles, machinery, equipment, infrastruct ure and all other tangible assets that are used in operations, cost in excess of $5,000 and that have initial useful lives extending beyond one year. Competitive Bidding means the process whereby bids are solicited from potential bidders in accordance with applicable law to foster cost effective competition within the private sector providing goods, services, or public projects to the City. Contract means an agreement, in writing, between two or more persons with the requisite authority, which creates an obligation to provide supplies, services, personal property, equipment or professional services. Encumbrance means a contingent liability and reservation of a budget appropriation incurred as a result of the issuance of a purchase order and/or contract. 8.2.a Packet Pg. 365 3 Informal Bid or Quotation means a competitive bid that is submitted by a bidder for procurement of goods or services for which formal bidding is not requi red. Local Bidder/Vendor means a business, firm, or enterprise with fixed offices and locally taxable distribution points within the City, which holds a valid business license issued by the City, and bearing a street address within the City. Personal property means any tangible property not including land or real estate, including any furniture, fixtures or equipment. This includes but is not limited to vehicles, equipment, and supplies. Professional services means, but is not limited to, any type of services that may be lawfully rendered including those of architects, attorneys, auditors, consultants, engineers, physicians, accountants, information technology professionals or other individuals or organizations possessing a high degree of professional, unique, specialized, technical skill or expertise. Purchase Requisition shall mean the City’s written request submitted to initiate the procurement process for specified goods, services or a public project. Includes t he procurement of supplies, equipment and personal property, including leases or rentals of such items. Purchase order means the City’s written documentation provided to a vendor formalizing the terms and conditions associated with the ordering of the goo ds, services, or public project required by the City. Responsive bid means a bid which meets all of the specifications set forth in the request for a bid proposal. Responsible bidder shall mean a bidder who submits a responsive bid, and has furnished, when requested, information and data to prove that the bidder has the financial resources, production or service facilities, service reputation and experience necessary to make satisfactory delivery of supplies, materials, equipment or contractual services on which the bids are made, and who has not violated, or attempted to violate, any provision of this Chapter. Services shall mean any and all services, with the exception of Professional services as defined above, including but not limited to equipment service contracts. Splitting shall mean dividing a purchase or contract into two or more parts in order to avoid the provisions of this Chapter requiring work to be done by contract after competitive bidding. Sole Source means a non-competitive procurement decision whereby acceptable justification exists to support public works or non-public works related purchases provided by one particular supplier or contractor. 8.2.a Packet Pg. 366 4 Surplus Personal Property means any personal property that is no longer needed or useable by the City. Use Tax means the tax on the use, storage or consumption of personal property in California which was purchased out of state. Sec. 3.24.030. Decentralized Purchasing. The purchase of supplies, services, personal property, equipment and professional services is the responsibility of the individual departments making such purchases. It is the responsibility of the Purchasing Manager described in Section 3.24.040 (a) to ensure the adherence to the provisions prescribed in this Chapter. Sec. 3.24.040. Purchasing Manager. (a) Creation of Position of Purchasing Manager. There is hereby created the position of Purchasing Manager, who shall be the City Manager or designee. (b) Power and duties. (1) Purchasing Manager. The Purchasing Manager shall direct and supervise the acquisition of all goods and services under this Chapter and may delegate any of the powers and duties conferred upon him/her as provided herein. (2) Purchasing Agents. The Purchasing Manager may delegate the responsibility for administering purchasing policies and procedures to one or more Purchasing Agents. The authorized Purchasing Agents may include: i. Assistant City Manager ii. Finance Director iii. Public Works Director iv. Community Development Director v. Parks & Recreation Director vi. Information Services Director (3) Purchasing Delegates. The Purchasing Manager may delegate authority to the Purchasing Agents to delegate authority to additional individuals within their supervision who shall be authorized to make purchases. Individuals delegated purchasing authority hereunder 8.2.a Packet Pg. 367 5 are referred to as “Purchasing Delegates” in accordance with the following requirements: i. A written list of Purchasing Delegates must be submitted to the Finance Director and include the name and maximum dollar purchasing authority authorized for each individual. ii. A written list of Purchasing Delegates must be approved on an annual basis or upon changes in employment status, whichever is more frequent, by the City Manager, the Finance Director and the Department Director. iii. The Finance Director must maintain a written record of all approved Purchasing Delegates. Sec. 3.24.050. Authority and Purchasing Limitations. Provided there is adequate unencumbered appropriation s in the account against which the expenditure is to be charged, purchases of supplies, services, personal property and equipment shall be as specified in Table 3.24A and subject to the following provisions: (a) Public Projects. Procurement of Public Projects is provided for in Chapter 3.25 of this Code. Table 3.24A – Authority and Purchasing Limitations; Supplies, Services, Property and Equipment Purchase Amount Less than $5,000 $5,000 – less than $10,000 $10,000 – less than $45,000 $45,000 or more Purchasing Authority Purchasing Manager, Agent or Delegate Purchasing Manager or Agent Purchasing Manager City Council Competitive Bids Required No Yes Yes Formal Bid Type Quote Informal * Informal * Formal Purchase Order Required No Yes Yes Yes Note: * When Informal bids are required, the Purchasing Manager or Purchasing Agent shall determine which competitive bid process shall be utilized that is in the best interest of the City. 8.2.a Packet Pg. 368 6 (b) Professional Services. Procurement of Professional Services is provided for in Section 3.24.070. (c) Purchase Orders. Purchased orders are required when: (1) A single item or aggregate purchase with an estimated value of five thousand dollars ($5,000) or greater. (2) When the Purchasing Manager, Purchasing Agent or Purchasing Delegate expects to make multiple purchases with a single vendor and such purchases are expected to exceed five thousand dollars ($5,000) within a fiscal year. (d) Purchase Amount. The following provisions apply in determining the purchasing authority identified in Table 3.24A: (1) Cumulative Amounts. The amount of multiple purchases or contracts from the same vendor shall be aggregated on a department basis for each fiscal year. (2) The splitting of purchases to circumvent the purchasing authority thresholds shall be prohibited. (3) Multi-Year Contracts. The total not to exceed amount for the entire term of a multi-year contract shall be used to determine the Purchase Amount and Purchasing Authority. (4) Out of State Purchases. Out of State purchases for goods that would normally incur sales tax charges must accrue use tax (at the same rate as the current sales tax charged within Diamond Bar) and be included in the calculation to determine the lowest responsible bidder and/or amount. (e) Competitive Bids Required. The following provisions shall apply in soliciting competitive bids when required in Table 3.24A: (1) A minimum of three (3) bids or quotes shall be obtained unless an exception is granted pursuant to Section 3.24.090. (2) The lowest responsible bidder shall be selected unless an exception is granted pursuant to Section 3.24.090. (3) The City reserves the right to reject all bids with or without cause, abandon the purchase process, and/or start a new procurement 8.2.a Packet Pg. 369 7 process for the same or substantially the same purchase at any time during the solicitation period. (4) When bids are not required, it shall be the responsibility of the Purchasing Delegate or Purchasing Agent to ensure that purchases are procured at competitive rates. (5) Nothing in the section precludes the solicitation of bids or quotes for purchases that would otherwise not be required. (6) Informal Bids. i. Three competitive informal bids or quotes may be solicited from vendors. The solicitation may either be a verbal or written format. ii. Bids received from the vendor must be in writing. iii. Written documentation of all bids received and the selection of the lowest responsible bidder shall be submitted in a format prescribed by the Finance Department and attached to the requisition to issue a Purchase Order. (7) Formal Bids. i. To initiate the formal bids process, a written scope of work, with the product description, and specifications or a Request for Proposal which adequately describes the intended purchase shall be prepared. ii. Such written documentation shall be made, advertised on the City’s bid system to solicit bids or quotes from qualified vendors. In addition, such written documentation may also be sent to vendors directly soliciting bids or quotes at the discretion of the Department making the purchase. ii. All written bids received by the stated submittal deadline shall be reviewed for conformance with the written documentation. Any deviations from the specifications shall be evaluated for suitability, performance, longevity or unique needs of the City to meet its intended purpose. Any bids or quotes determined to not comply with the specifications may be rejected. iii. Written documentation of all bids received and the selection of the lowest responsible bidder shall be submitted in a format prescribed by the Finance Department and attached to the requisition to issue a Purchase Order. 8.2.a Packet Pg. 370 8 iv. Formal bids are awarded by the City Council. Sec. 3.24.060. General Requirements. (a) W-9 Requirement. A completed IRS Form W-9 is required for any vendor not previously used for City purchases. This information must be validated by the Finance Department before any purchases can be made with the new vendor. (b) Business License. Vendors, other than those whose services or supplies are being procured by Purchase Order, shall have a valid City business license when required prior to the approval of any purchase. Sec. 3.24.070. Professional Services. Provided there is adequate unencumbered appropriations in the account against which the expenditure is to be charged, the provisions contained in Table 3.24B shall also apply to the procurement of professional services, and be subject to the following provisions: (a) Competitive Bids Required. The following provisions shall apply in soliciting competitive bids as required in Table 3.24B: (1) A minimum of three (3) bids or quotes shall be obtained unless an exception is granted pursuant to Section 3.24.090. Table 3.24B – Authority and Purchasing Limitations; Professional Services Purchase Amount Less than $45,000 $45,000 or more Purchasing Authority Purchasing Manager City Council Bids Required Informal or Formal* Formal Purchase Order Required Yes Yes Note: * When Informal or Formal bids are required, the Purchasing Manager or Purchasing Agent shall determine which competitive bid process shall be utilized that is in the best interest of the City. 8.2.a Packet Pg. 371 9 (2) Contracts for professional services shall be awarded on the basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of services at the best overall value to the City, and shall not be awarded solely on the lowest cost. (3) The City reserves the right to reject all bids with or without cause, abandon the purchase process, and/or start a new procurement process for the same or substantially the same purchase at any time during the solicitation period. (4) Informal Bids. i. Informal bids or quotes for a professional service may be solicited from firms or individuals in either a verbal or written format. Bids received from a firm or individual must be in writing. ii. Bids or quotes may be solicited from firms or individuals at the discretion of the Department needing such professional services. iii. Written documentation of all bids received and justification for the selection of the firm or individual selected shall be submitted in a format prescribed by the Finance Department and attached to the requisition to issue a Purchase Order. iv. Informal bids are awarded by the Purchasing Manager. (5) Formal Bids. i. A written scope of work and/or a Request for Proposal which adequately describes the intended professional services desired, any required qualifications, and the evaluation criteria shall be prepared. Such written documentation shall be made available on the City’s bid system to solicit bids or quotes from qualified firms or individuals. In addition, such written documentation may also be sent to firms or individuals directly soliciting bids or quotes at the discretion of the Department needing such professional services. ii. All written bids received by the stated submittal deadline shall be reviewed for conformance with the written documentation. Evaluation of proposals received may be conducted by either an individual or a review committee. Interviews may be conducted, at the discretion of the City. Any deviations from the requested 8.2.a Packet Pg. 372 10 services shall be evaluated for suitability, performance, or unique needs of the City to meet its intended purpose. Any bids or quotes determined to not comply with the requested services may be rejected. iii. Written documentation of all bids received and justification for the selection of the firm or individual selected shall be submitted in a format prescribed by the Finance Department and attached to the requisition to issue a Purchase Order. iv. Formal bids are awarded by the City Council. Sec. 3.24.080. Amendments and Change Orders. (a) Any change to a contract or approved purchase which results in a cost in excess of the award amount shall be documented in writing. If an increase in the contract amount results in a cumulative total contract amount of more than $45,000, substantially changes the terms of a contract approved by the City Council, or results in a cost in excess of the City Council award amount plus any City Council approved contingencies, the change order or contract amendment must be approved by the City Council as soon as staff becomes aware as to avoid any delays in the project. (b) The Purchasing Manager may approve change orders or amendments to contracts approved by the City Council in an amount up to 10% of the contract amount or $45,000 whichever is less; or an amount otherwise authorized by the City Council. (c) No change order may exceed budgetary authorization without City Council approval. (d) The cumulative amount of any contract or purchase order, plus a ll amendments and change orders are subject to the approval authority set forth in section 3.24.050. Sec. 3.24.090. Exceptions to Bidding. The bidding requirements contained in this Chapter may be waived upon authorization of the Purchasing Manager or City Council for the following: (a) Where sufficient or satisfactory bids cannot be reasonably obtained making competitive bidding impossible or impractical. 8.2.a Packet Pg. 373 11 (b) The amount of the purchase has a total estimated value of less than five thousand dollars ($5,000). (c) Where the commodity or service can be obtained from only one vendor provided that appropriate Sole Source documentation is provided and approved on forms as established by the Finance Department. (d) Where the price of the commodity or service is controlled by law such that bidding would be unlikely to result in any cost savings. (e) Annual maintenance contracts for existing products, services, equipment and software provided there is an adequate appropriation included in the adopted budget for such expense. (f) When supplies, personal property, services or equipment can be more efficiently or more cost efficient obtained through a cooperative purchasing program with a federal, state, county, local or other government purchasing program. Such purchases through a cooperative purchasing program shall be authorized by resolution of the City Council. (g) The bidding requirements for any other reason are specifically waived by the City Council. (h) Purchases made necessary from an emergency situation that poses an immediate threat to public health, welfare or safety as determined by the Purchasing Manager for which no time exists to seek City Council action or approval, if such action or approval were otherwise required, subject to the following: (1) An emergency situation includes, but is not limited to: i. A public disaster. ii. An immediate need to prepare for national or local defense. iii. A breakdown of machinery or an essential service immediately affecting public health, safety or welfare. (2) A report of the circumstances constituting the emergency and the related purchases made shall be submitted to the Purchasing Manager as soon as possible. The report will be filed with the City Council and will be entered in the minutes of the Council at its next regular meeting. 8.2.a Packet Pg. 374 12 Sec. 3.24.100. Local Preference. In order to promote the economic health of the City and to encourage local participation in the procurement process, every attempt shall be made to purchase supplies, services, personal property and equipment from businesses located within the City of Diamond Bar to the greatest extent possible, subject to the following: (a) Local Preference. In awarding purchase orders and contracts for supplies and equipment, the City may grant a preference of one percent (1%) of taxable sales to local bidder/vendors in determining the lowest responsible bidder. (b) Identical Bids. If after applying the preference provided for in subsection (a) of this section, identical bids are submitted by a local bidder/vend or and a bidder who is not local, the contract shall be awarded to the local bidder/vendor. Identical bids by two or more local bidder/vendors shall be determined by the toss of a coin. In the event City Council approval is required for the bid, this provision shall not apply and the City Council shall award the bid in its discretion. (c) Exceptions. Notwithstanding the foregoing, the provisions of this section shall not apply under any of the following circumstances: (1)When application of the provisions of this section is prohibited by state or federal law or the requirements of a state or federal grant. (d) Good Faith Effort to Contact Local Merchants. The City shall make a good faith effort when soliciting bids for supplies or equipment to solicit bids or proposals from local merchants. (e) Purchasing Manager Authorization. The Purchasing Manager, or his or her designee, may promulgate rules and regulations to implement the provisions of this section. (f) Enforcement and Penalties. In the event that the Purchasing Manager, or his or her designee, makes a finding that a bidder for a con tract has made an intentional misstatement in order to obtain a local merchant preference under regulations adopted pursuant to this section, the bidder may be subject to any remedy available to the City at law or equity. (1)A finding by the Purchasing Manager, or his or her designee, that a bidder for a contract has made an intentional misstatement in order to obtain a local merchant preference shall be regarded by the City Council or Purchasing Manager, as the case may be, as a basis for 8.2.a Packet Pg. 375 13 determining whether the bidder is a responsible bidder for the present contract or for future contracts. (2)A bidder who has been disqualified as a responsible bidder by a determination of the City Council, based on a finding by the Purchasing Manager, or his or her designee, that the bidder made an intentional misstatement in order to obtain a local merchant preference, shall be disqualified from bidding on all contracts with the City for a period of one year from the date of the disqualificati on, as determined by the City Council or Purchasing Manager. Sec. 3.24.110. Use of Recycled Materials. (a) All departments shall purchase and use recycled products and recycled materials when available unless determined by the City Manager to be financially infeasible. (b) The City may at its option require its contractors and consultants to use recycled products in fulfilling contractual obligations. Sec. 3.24.120. Surplus Personal Property. Each department shall periodically review its equipment and inventory and complete a surplus property list for items deemed surplus or have become obsolete or worn out. The completed list shall be submitted to the Purchasing Manager. Upon approval, a copy of the list shall also be given to the Finance Department in order to remove any items on the fixed asset inventory list. (a) Trade in. The Purchasing Manager or designee shall have the authority to exchange for or trade in on new equipment surplus personal property. (b) Sale. The Purchasing Manager shall have the authority to dispose of surplus personal property by auction, sealed bids, for scrap or negotiated sale, whichever in the Purchasing Manager’s judgment will provide the maximum return to the City. (c) Disposed as trash. When the cost of locating a buyer exceeds the estimated sale price of surplus personal property or the item is obsolete or worn out or of minimal value, the Purchasing Manager may recycle, destroy or dispose of the item as trash. (d) Disposed as gifts. The Purchasing Manager subject to the approval of the City Council may give surplus personal property to another public agency , 8.2.a Packet Pg. 376 14 special district such as a school district or library, or not for profit organization to the extent the gift does not constitute a gift of public funds. 3.24.130. Compliance With Federal Requirements. In addition to the provisions of this Chapter, the procurement of all contracts for public projects that are funded in whole or in part with fed eral grant funds shall be subject to applicable Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards promulgated by the United States Office of Management and Budget, 2 U.S. Code of Federal Regulations part 200. 3.24.140. Promulgation of Rules and Regulations by City Manager. The City Manager shall have the power and authority to make such rules, regulations and criteria as may be necessary to effect the provisions of this Chapter, and to make such other reasonable rules and regulations as he or she may deem proper to implement the provisions of this Chapter and which shall not be inconsistent with the terms and provisions of this Chapter. 8.2.a Packet Pg. 377 15 Section 2. A new Chapter 3.25 entitled Public Projects is hereby established within Title 3 of the Diamond Bar Municipal Code to read as follows: Chapter 3.25 Public Projects 3.25.010 Purpose - Uniform Public Construction Cost Accounting Act 3.25.011 Definitions 3.25.020 Authority and Purchasing Limitations for Public Projects 3.25.021 Dollar Thresholds 3.25.030 Informal Bidding Procedures 3.25.040 Formal Bidding Procedures 3.25.050 Award of Contracts/Change Order for Public Projects 3.25.060 Review of Plans and Specifications 3.25.070 Emergencies 3.25.080 Compliance With Federal Requirements 3.25.090 Promulgation of Rules and Regulations by City Manager 3.25.010. Purpose - Uniform Public Construction Cost Accounting Act. Contracts for public projects in the City shall be governed by applicable state laws, including California Public Contract Code, Division 2, Part 1, and Division 2, Part 3, Local Agency Public Construction Act. In addition, t he City has elected to become subject to the Uniform Public Construction Cost Accounting Act (Public Contract Code Section 22000 et seq.) and the contracting procedures set forth in Article 3 of the Act. The City may procure public projects by force account, negotiated contract, purchase order, informal bidding or formal bidding in accordance with the alternative procedures authorized by the Act and the applicable dollar amount limitations set forth in Section 22032 of the Act, as it may be amended from time to time. All procedures set forth in this chapter shall be interpreted in a manner consistent with state law. 3.25.011. Definitions. As used in this Chapter, the following words and terms shall be defined as follows unless the context indicates that a different meaning is intended: Act means the Uniform Public Construction Cost Accounting Act (California Public Contract Code Section 22000 et seq.). Bid means the response submitted by a bidder to an invitation for bids issued by the City for goods, services or public projects. 8.2.a Packet Pg. 378 16 Commission means the California Uniform Public Construction Cost Accounting Commission established pursuant to Public Contract Code Section 22010. Competitive Bidding means the process whereby bids are solicited from potential bidders in accordance with applicable la w to foster cost effective competition within the private sector providing goods, services, or public projects to the City. Encumbrance means a contingent liability and reservation of a budget appropriation incurred as a result of the issuance of a purcha se order and/or contract. Facility shall have the same meaning as set forth in Section 22002 of the Act and includes any plant, building, structure, ground facility, utility system (subject to the limitation found in Public Contract Code Section 22002), real property, streets and highways, or other public work improvement. Informal Bid or Quotation means a competitive bid that is submitted by a bidder for procurement of goods or services for which formal bidding is not required. Force Account means work performed on public projects using internal resources, including but not limited to labor, equipment, materials, supplies, and subcontracts of the public agency. Local Vendor Preference means a business, firm, or enterprise with fixed offices and locally taxable distribution points within the City, which holds a valid business license issued by the City, and bearing a street address within the City. Maintenance Work shall have the same meaning as set forth in Public Contract Code Section 22002. For the purpose of this chapter, maintenance work is not considered a public project. Maintenance work includes: (a) The routine, recurring, and usual work for the preservation or protection of any publicly owned or operated facility for its intended purposes. (b) Minor repainting. (c) Resurfacing of streets and highways at less than one inch. (d) Landscape maintenance including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. Public Project shall have the same meaning as set forth in Public Contract Code Section 22002 and includes the following: 8.2.a Packet Pg. 379 17 (a) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly o wned, leased, or operated facility. (b) Painting or repainting of any publicly owned, leased, or operated facility. “Public project” does not include maintenance work as defined above. Purchase Order means the City’s written document provided to a vendor formalizing the terms and conditions associated with the ordering of goods, services, or public project required by the City. Responsible Bidder means a bidder who has demonstrated the capacity, and experience to satisfactorily perform the public works contract, and bid meets all of the specifications set forth in the request for bid proposal. Splitting means dividing a purchase order or contract into two or more parts in order to avoid the provisions of this Chapter requiring work to be done by contract after competitive bidding. 3.25.020. Authority and Purchasing Limitations for Public Projects. Subject to the provisions of this Chapter, provided there is adequate unencumbered appropriation in the account against which the expenditure is to be charged, procurement of public projects shall be as specified in Table 3.25.03A: Table 3.25.03A - Authority and Purchasing Limitations; Public Projects Project Costs* Less than $45,000 $45,000 - $175,000 More than $175,000 Contract Approval/Award Authority City Manager, Public Works Director/City Engineer City Manager City Council Type of Bids Required Negotiations/ Quotes Informal Bid Formal Bid Approval of Plans/Specifications Public Works Director/City Engineer Public Works Director/City Engineer City Council Note: * Project Cost Limits are intended to correspond to the dollar thresholds set forth in Section 3.25.040 and Public Contract Code Section 22030. The Project Cost Limits set forth in Table 3.25.03A shall be automatically adjusted administratively to reflect any adjustments in the dollar thresholds set forth in Section 3.25.040. 8.2.a Packet Pg. 380 18 3.25.021. Dollar Thresholds. (a) Public Projects of forty-five thousand dollars ($45,000) or less (or the current amount specified in Section 22032(a) of the Act) may be performed by the employees of the City by force account, by negotiated contact, or by purchase order. (b) Public projects of one hundred seventy-five thousand dollars ($175,000) or less (or the current amount specified in Section 22032(b ) of the Act) may be let to contract by informal bidding procedures as set forth in this chapter. (c) Public projects of more than one hundred seventy-five thousand dollars ($175,000) (or the current amount specified in Section 22032(c) of the Act) shall, except as otherwise provided in this chapter, be let to contract by formal bidding procedures in accordance with Section 22037 of the Act and as set forth in this Chapter. (d) Public projects shall not be split or separated into smaller work orders or projects for the purpose of evading the provisions of this Chapter requiring work to be done by contract after competitive bidding. 3.25.030. Informal Bidding Notice Procedures. (a) Every notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids. (b) Notice to contractors shall be provided in accordance with either paragraph (1) or (2) below, or both. (1) A list of qualified contractors, identified according to categories of work, shall be developed and maintained in accordance with the provisions of Public Contract Code Section 22034 and criteria promulgated from time to time by the Commission. All contractors on the list for the category of work being bid shall be mailed, faxed, or emailed a notice inviting informal bids, unless the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, in which case the notice inviting informal bids may be sent exclusively to such contractor or contractors. All mailing of notices to contractors pursuant to this subdivision shall be completed no less than 10 calendar days before bids are due. (2) In addition to, or in lieu of, providing notice as provided in paragraph (1), a notice inviting informal bids may be mailed, faxed, or emailed to all 8.2.a Packet Pg. 381 19 construction trade journals as specified by the Commission in accordance with Public Contract Code Section 22036. (3) In addition to the notice required by this section, the City Manager or his or her designee may notify such additional contractors and/or construction trade journals as he or she deems proper. (c) If all bids received are in excess of $175,000, the City Council may, by adoption of resolution by a four-fifths vote, award the contract, at $187,500 or less (or the current amount specified in Section 22034(d) of the Act), to the lowest responsible bidder, if it determines that the original cost estimate of the City was reasonable. 3.25.040 Formal Bidding Notice Procedures. (a) Every notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. (b) The notice shall be published at least 14 calendar days before bid opening in accordance with the requirements of Section 22037 of the Act. (c) The notice inviting formal bids shall also be sent electronically, by either facsimile or electronic mail and mailed to all construction traded journals as specified by the Commission pursuant to Section 22036 of the Act. The notice shall be sent at least 15 calendar days before the bid opening date. (d) In addition to the notice required by this Section, the City Manager or his or her designee may give such other notice as he or she deems proper. (e) Formal sealed bids shall be submitted to the City Clerk with the bid number written on the envelope where they will be date and time stamped. All bids must be received and date and time stamped by the City Clerk’s clock on or before the date and time due; late bids will be returned unopened. The City Clerk shall publicly open all bids at the time and place stated in the public notice. A tabulation of all bids shall be available for public inspection in the City Clerk’s Office during regular business hours for a period of one year after bid opening. 3.25.050. Award of Contracts/Change Orders for Public Projects. (a) If a contract is awarded pursuant to the informal or formal bidding procedures, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the City may accept the one it chooses. 8.2.a Packet Pg. 382 20 (b) The City Manager or his or her designee shall have the authority to award contracts for public projects of one hundred seventy-five thousand dollars ($175,000) or less (or the current amount specified in Section 22032(b) of the Act). (c) Contracts for public projects of more than one hundred seventy-five thousand dollars ($175,000) (or the current amount specified in Section 22032(c) of the Act) shall be awarded by the City Council. (d) The City Manager or his or her designee shall have the authority to approve change orders to contracts for public projects up to and including ten percent (10%) or $45,000, of the awarded contract amount, whichever is less. (e) In its discretion, the City may reject any and all bids presented. Prior to rejecting all bids, the City Manager or his or her designee shall first furnish a written notice to the apparent low bidder informing the bidder of the City’s intention to reject the bid. The notice shall be mailed at least two (2) business days before the date in which the City intends to reject the bid. If after the first invitation for bids all bids are rejected, aft er reevaluating its cost estimates of the project, the City shall have the option of either of the following: 1. Abandoning the project or re-advertising for bids in the manner described by this Chapter; or 2. By passage of a resolution by a four-fifths vote of the City Council declaring the project can be performed more economically by the employees of the City, having the project done by employees of the City by force account without further complying with the Act. (f) If no bids are received through either the formal or informal bidding procedure, the project may be performed by the employees of the City by force account or through a negotiated contract without further complying with this chapter . 3.25.060 Review of Plans and Specifications. (a) The City Council shall adopt the plans, specifications, and working details for all public projects of more than one hundred seventy-five thousand dollars ($175,000) (or the current amount specified in Section 22032(c) of the Act). (b) The Public Works Director/City Engineer is authorized to and may adopt the plans, specifications, and working details prepared for public projects of $175,000 or less (or the current amount specified in Section 22032(b) of the Act). 8.2.a Packet Pg. 383 21 3.25.070. Emergencies. (a) In cases of emergency when repair or replacement are necessary, the City may proceed at once to replace or repair any public facility without adopting plans, specifications, or working details, or giving notice for bids to let contracts. (b) In case of an emergency, it notice for bids to let contracts will not be given, the City shall comply with Public Contract Code Section 22050. 3.25.080. Compliance With Federal Requirements. In addition to the provisions of this chapter, the procurement of all contracts for public projects that are funded in whole or in part with federal grant funds shall be subject to applicable Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards promulgated by the United States Office of Management and Budget, 2 U.S. Code of Federal Regulations part 200. 3.25.09. Promulgation of Rules and Regulations by City Manager. The City Manager shall have the power and authority to make such rules, regulations and criteria as may be necessary to effect the provisions of this Chapter, and to make such other reasonable rules and regulations as he or she may deem proper to implement the provisions of this Chapter and which shall not be inconsistent with the terms and provisions of this Chapter. Section 3. If any section, clause, phrase, word or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each other section, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, clauses, phrases, words, or portions thereof be declared invalid or unconstitutional. Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. __________________________ Ruth M. Low, Mayor 8.2.a Packet Pg. 384 22 ATTEST: I, Tommye Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 19th day of June 2018, and was duly passed and adopted at the regular meeting of the City Council held on the 19th day of June 2018, by the following votes, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: _______________________ Tommye Cribbins, City Clerk 8.2.a Packet Pg. 385 1323432.1 RESOLUTION NO. 2018 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ELECTING TO BECOME SUBJECT TO THE CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING PROCEDURES (PUBLIC CONTRACT CODE SECTIONS 22000 ET SEQ.) WHEREAS, Article 11, Section 7 of the California Constitution authorizes the City of Diamond Bar (“City”) to make and enforce within its limits all ordinances and regulations not in conflict with general laws; and WHEREAS, Public Contract Code Section 22000 et seq., the Uniform Public Construction Cost Accounting Act (the “Act”), establishes a uniform cost accounting standard; and WHEREAS, the California Uniform Construction Cost Accounting Commission (Commission) established under the Act has developed uniform public construc tion cost accounting procedures for implementation by local public agencies in the performance of or in the contracting for construction of public projects; and WHEREAS, the City elects to be subject to the Act and adopt and implement the uniform public construction cost accounting procedures as set forth in the Act; and WHEREAS, to increase efficiency and reduce costs associated with the bidding process, the City Council desires to increase the thresholds for bidding requirements for public works projects, as allowed under the Act; and WHEREAS, the alternative procurement methods provide flexibility and opportunities for significant cost savings to the City. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Diamond Bar, hereby elects under Public Contract Code Section 22030 to become subject to the uniform public construction cost accounting procedures set forth in the Act and to the Commission's policies and procedures manual and cost accounting review procedures, as they may each from time to time be amended, and directs that the City Clerk notify the State Controller forthwith of this election , enclosing an executed copy of this Resolution. BE IT FURTHER RESOLVED that the City Council of the City of Diamond Bar, hereby adopts the policies and procedures set forth in Exhibit A of this Resolution and authorizes the City Manager to make modifications to Exhibit A consistent with the Uniform Public Construction Cost Accounting Act, and as necessary to meet the needs of the City. 8.2.b Packet Pg. 386 1323432.1 2 PASSED AND ADOPTED by the City Council of the City of Diamond Bar this 19th day of June 2018. ______________________________ Ruth M. Low, Mayor ATTEST: I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 19th day of June, 2018 by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: _______________________ Tommye Cribbins, City Clerk City of Diamond Bar 8.2.b Packet Pg. 387