HomeMy WebLinkAbout2020.06.16 Agenda Packet - Regular Meeting
City Council Agenda
Tuesday, June 16, 2020
Regular Meeting 6:30 p.m.
PUBLIC ADVISORY:
Consistent with the Governor’s latest Executive Order to Stay at Home, avoid gatherings and
maintain social distancing, this meeting will be con ducted telephonically and Members of the
City Council and staff will be participating via Teleconference. There will be no physical meeting
location.
How to Observe the Meeting:
To maximize public safety while still maintaining transparency and public access, members of
the public can observe the meeting by calling +1 (213) 929-4212, Attendee Access Code: 467-
565-777 or by visiting https://attendee.gotowebinar.com/register/58274208308523248 78.
How to Submit Public Comment:
Members of the public may provide public comment by sending written comments to the City
Clerk by email at cityclerk@DiamondBarCA.gov by 5:30 p.m. on the day of the meeting. Please
indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to
the Council Members and noted for the record at the meeting.
Alternatively, public comment may be submitted by calling +1 (213) 929-4212, Attendee Access
Code: 467-565-777 and dialing *9 during the public comment period and/or by visiting
https://attendee.gotowebinar.com/register/5827420830852324878 . Members of the
public will be called upon one at a time during the Public Comment portion of the agenda, and
will be asked to state their name and agenda item they wish to comment on. S peakers are
limited to five minutes per agenda item, unless the Mayor determines otherwise.
American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if
you need special assistance to participate in the Council Meeting, please contact the City Clerk’s
Office (909) 839-7010 within 72 hours of the meeting. City Council video recordings with
transcription will be available upon request the day following the Council Meeting.
The City of Diamond Bar thanks you in advance for taking all precautions to prevent
spreading the COVID-19 virus.
STEVE TYE
Mayor
NANCY A. LYONS
Mayor Pro Tem
ANDREW CHOU
Council Member
RUTH M. LOW
Council Member
JENNIFER "FRED" MAHLKE
Council Member
City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana
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 on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are
invited to attend and participate. Copies of staff reports or other written documentation relating
to agenda items are on file and available for public inspection by contacting the Office of the
City Clerk. If requested, the agenda will be made available in an alternative format to a person
with disability as required by Section 202 of the Americans 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.
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. 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, the
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 meeting.
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. The
City Council may take action on any item listed on the agenda.
HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010
Computer access to agendas: www.diamondbarca.gov
General information: (909) 839-7000
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 VIDEO RECORDED AND BY PARTICIPATING VIA
TELECONFERENCE, 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 IS ALSO AVAILABLE
FOR LIVE VIEWING AT
HTTPS://ATTENDEE.GOTOWEBINAR.COM/REGISTER/5827420830852324878
and ARCHIVED VIEWING ON THE CITY’S WEB SITE AT
WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
June 16, 2020
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
ROLL CALL: Chou, Low, Mahlke, Mayor Pro Tem
Lyons, Mayor Tye
APPROVAL OF AGENDA: Mayor
1. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2. PUBLIC COMMENTS:
"Public Comments" is the time reserved on each regular meeting agenda to
provide an opportunity for members of the public to directly address the Council
on Consent Calendar items or other matters of interest not on the agenda that
are within the subject matter jurisdiction of the Council. Although the City Council
values your comments, pursuant to the Brown Act, members of the City Council
or Staff may briefly respond to public comments if necessary, but no extended
discussion and no action on such matters may take place. There is a five-minute
maximum time limit when addressing the City Council. At this time, the
teleconference moderator will ask callers one at a time to give their name and if
there is an agenda item number they wish to speak on before providing their
comment. If you wish to speak on a public hearing item or council consideration
item, you will then be called upon to speak at that point in the agenda.
JUNE 16, 2020 PAGE 2
3. COUNCIL CONSIDERATION:
3.1 ADOPTION OF THE FY 2020-2021 CITY OPERATING BUDGET AND
CAPITAL IMPROVEMENT PROGRAM, INCLUDING ESTABLISHMENT
OF THE APPROPRIATIONS LIMIT AND INVESTMENT POLICY.
Recommended Action:
A. Adopt Resolution No. 2020-17 approving the FY 2020-2021 City
Operating Budget and Capital Improvement Program;
B. Adopt Resolution No. 2020-18 establishing the appropriations limit for
FY 2020-2021;
C. Adopt Resolution No. 2020-19 approving the FY 2020-2021
Investment Policy;
D. Establish Fund 025 COVID-19 Recovery Fund in FY 2019-2020; and
E. Establish Fund 163 Hazard Elimination Grant Program Fund in FY
2020-2021.
Requested by: Finance Department
4. 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.
4.1 CITY COUNCIL MINUTES OF THE JUNE 2, 2020 MEETING.
4.1.a June 2, 2020 City Council Minutes
Recommended Action:
Approve the June 2, 2020 Regular City Council meeting minutes.
Requested by: City Clerk
4.2 RATIFICATION OF CHECK REGISTER DATED MAY 21, 2020
THROUGH JUNE 3, 2020 TOTALING $1,111,191.45.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
JUNE 16, 2020 PAGE 3
4.3 THIRD AMENDMENT TO THE CONTRACTOR SERVICES
AGREEMENT WITH NETWORK PARATRANSIT SYSTEMS FOR
SENIOR TRANSPORTATION SERVICES THROUGH JUNE 30, 2021.
Recommended Action:
Approve, and authorize the Mayor to sign, the Third Amendment to the
Contractor Services Agreement with Network Paratransit Systems to
provide senior transportation services through June 30, 2021.
Requested by: City Manager
4.4 FIRST AMENDMENT TO THE AGREEMENT WITH JOE A, GONSALVES
AND SON FOR STATE LEGISLATIVE ADVOCACY AND
GOVERNMENTAL AFFAIRS SERVICES.
Recommended Action:
Approve, and authorize the Mayor to sign, the First Amendment to the
Agreement with Joe A. Gonsalves and Son to provide State legislative
advocacy and governmental affairs services.
Requested by: City Manager
4.5 MAINTENANCE SERVICES AGREEMENT WITH WOODS
MAINTENANCE SERVICES, INC. (DBA GRAFFITI CONTROL
SYSTEMS) TO PROVIDE GRAFFITI ABATEMENT SERVICES
THROUGH JUNE 30, 2023.
Recommended Action:
Approve, and authorize the Mayor to sign, the Maintenance Services
Agreement with Woods Maintenance Services, Inc. to provide graffiti
abatement services through June 30, 2023.
Requested by: Community Development Department
4.6 CONSULTING SERVICES AGREEMENT WITH SJC3 CONSULTING
("SJC3"), TO ADMINISTER THE CITY'S HOME IMPROVEMENT
PROGRAM (HIP) THROUGH JUNE 30, 2025.
Recommended Action:
Approve, and authorize the Mayor to sign, the Consulting Services
Agreement with SJC3 Consulting for Home Improvement Program
Administration Services through June 30, 2025.
Requested by: Community Development Department
JUNE 16, 2020 PAGE 4
4.7 CONSULTING SERVICES AGREEMENT WITH DAVID EVANS AND
ASSOCIATES, INC. FOR LANDSCAPE PLAN CHECKING SERVICES
THROUGH JUNE 30, 2023.
Recommended Action:
Approve, and authorize the Mayor to sign, the Consulting Services
Agreement with David Evans and Associates, Inc. to provide Landscape
Plan Check and Inspection Services through June 30, 2023.
Requested by: Community Development Department
4.8 AUTHORIZATION TO SUBMIT A LOCAL EARLY ACTION PLANNING
GRANTS PROGRAM (LEAP) GRANT APPLICATION.
Recommended Action:
Adopt Resolution No. 2020-20 authorizing staff to submit a LEAP Grant
Application to the Department of Housing and Community Development.
Requested by: Community Development Department
4.9 CONSULTANT SERVICES AGREEMENT WITH THE COMDYN GROUP,
INC., FOR AS-NEEDED GEOGRAPHIC INFORMATION SYSTEMS (GIS)
AND INFORMATION TECHNOLOGY SERVICES THROUGH JUNE 30,
2025.
Recommended Action:
Approve, and authorize the Mayor to sign, the Consultant Services
Agreement with The Comdyn Group, Inc., for as-needed GIS and
information technology services through June 30, 2025.
Requested by: Information Systems
4.10 MAINTENANCE SERVICES AGREEMENT WITH INTEGRUS LLC, (DBA
ADVANCED OFFICE) FOR COPIER MAINTENANCE SERVICES AND
SUPPLIES THROUGH JUNE 30, 2025.
Recommended Action:
Approve, and authorize the Mayor to sign, a Maintenance Services
Agreement with Integrus LLC, (dba Advanced Office) for copier
maintenance services and supplies through June 2025.
Requested by: Information Systems
JUNE 16, 2020 PAGE 5
4.11 PROFESSIONAL SERVICES AGREEMENT WITH TENNIS ANYONE,
INC. FOR CONTRACTED TENNIS INSTRUCTION THROUGH JUNE 30,
2021.
Recommended Action:
Approve, and authorize the Mayor to sign, the Professional Services
Agreement with Tennis Anyone, Inc. to provide contract tennis instructions
through June 30, 2021.
Requested by: Parks & Recreation Department
4.12 FIRST AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT
WITH ABSOLUTE INTERNATIONAL SECURITY, INC. FOR SECURITY
GUARD SERVICES THROUGH JUNE 30, 2021.
Recommended Action:
Approve, and authorize the Mayor to sign, the First Amendment
Agreement with Absolute International Security, Inc. for security guard
services through June 30, 2021.
Requested by: Parks & Recreation Department
4.13 CONSULTANT SERVICES AGREEMENT WITH PRINCE GLOBAL
SOLUTIONS, LLC THOUGH JUNE 30, 2021.
Recommended Action:
Approve, and authorize the Mayor to sign, the Consulting Services
Agreement with Prince Global Solutions, LLC for Federal advocacy
services related to the 57/60 Confluence Project through June 30, 2021.
Requested by: Public Works Department
4.14 CONSULTING SERVICES AGREEMENT WITH METROPOINTE
ENGINEERS, INC. FOR DESIGN SERVICES FOR IMPROVEMENTS
ALONG SOUTHBOUND DIAMOND BAR BOULEVARD AT EASTBOUND
SR-60 ON RAMP.
Recommended Action:
Approve, and authorize the Mayor to sign, the Consulting Services
Agreement with MetroPointe Engineers, Inc. in the amount of $79,900,
plus a contingency amount of $8,000 to be approved by the City Manager,
for a total authorization amount of $87,900.
Requested by: Public Works Department
JUNE 16, 2020 PAGE 6
4.15 MAINTENANCE SERVICES AGREEMENT WITH VALLEY VISTA
SERVICES, INC., FOR STREET SWEEPING SERVICES THROUGH
JUNE 30, 2025.
Recommended Action:
Approve, and authorize the Mayor to sign, the Maintenance Services
Agreement with Valley Vista Services, Inc., for street sweeping services
through June 30, 2025.
Requested by: Public Works Department
4.16 SECOND AMENDMENT TO TRAFFIC SIGNAL MAINTENANCE
SERVICES AGREEMENT WITH SIEMENS MOBILITY, INC.
Recommended Action:
Approve, and authorize the Mayor to sign, the Second Amendment to the
Traffic Signal Maintenance Services Agreement with Siemens Mobility,
Inc. to: (1) increase the total authorization amount for Fiscal Year 2019 -
2020 from $185,000 to $225,000; and (2) to extend the Agreement
through June 30, 2022.
Requested by: Public Works Department
4.17 CONTINUED PARTICIPATION IN THE NATIONAL
INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE
JANITORIAL SUPPLIES FOR CITY FACILITIES FOR FISCAL YEAR
2020-2021.
Recommended Action:
Adopt Resolution No. 2020-21 authorizing participation in the National
Intergovernmental Purchasing Alliance to purchase janitorial supplies for
City Facilities in the not-to-exceed amount of $65,000 for Fiscal Year
2020-2021.
Requested by: Public Works Department
4.18 THIRD AMENDMENT TO THE VENDOR SERVICES AGREEMENT
WITH EXTERIOR PRODUCTS CORPORATION FOR STREET
DECORATIONS THROUGH JUNE 30, 2021.
Recommended Action:
Approve, and authorize the Mayor to sign, the Third Amen dment to the
Vendor Services Agreement with Exterior Products Corporation for street
decorations through June 30, 2021.
Requested by: Public Works Department
JUNE 16, 2020 PAGE 7
4.19 FIRST AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH BEST LIGHTING PRODUCTS, INC. FOR
MONTHLY LIGHTING INSPECTIONS AND MAINTENANCE THOUGH
JUNE 30, 2021.
Recommended Action:
Approve, and authorize the Mayor to sign, the First Amendment to the
Maintenance Services Agreement with Best Lighting Products, Inc.
Requested by: Public Works Department
4.20 FIRST AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH BRIGHTVIEW LANDSCAPE SERVICES INC. FOR
LANDSCAPE MAINTENANCE SERVICES (PARKS) THROUGH JUNE
30, 2021.
Recommended Action:
Approve, and authorize the Mayor to sign, the First Amendment to the
Maintenance Services Agreement with BrightView Landscape, Inc.
through June 30. 2021.
Requested by: Public Works Department
4.21 MAINTENANCE SERVICES AGREEMENT WITH MCE CORPORATION
FOR LANDSCAPE MAINTENANCE SERVICES (LLAD NOS. 38, 39 & 41)
THROUGH JUNE 30, 2023.
Recommended Action:
Approve, and authorize the Mayor to sign, the Maintenance Services
Agreement with MCE Corporation for Landscape Maintenance Services
within LLAD’s 38, 39 and 41 through June 30, 2023.
Requested by: Public Works Department
4.22 FIRST AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH TRANE U.S. INC. DBA TRANE FOR MECHANICAL
AND BUILDING AUTOMATION SYSTEM PREVENTATIVE
MAINTENANCE AND REPAIR SERVICES THROUGH JUNE 30, 2021.
Recommended Action:
Approve, and authorize the Mayor to sign, First Amendment to the
Maintenance Services Agreement with Trane U.S. Inc. dba Trane.
Requested by: Public Works Department
JUNE 16, 2020 PAGE 8
4.23 THIRD AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH B & T CATTLE FOR WEED ABATEMENT
SERVICES THROUGH JUNE 30, 2021.
Recommended Action:
Approve, and authorize the Mayor to sign, the Third Amendment to the
Maintenance Services Agreement with B & T Cattle for weed abatement
services through June 30, 2021.
Requested by: Public Works Department
5. PUBLIC HEARINGS: NONE
6. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
7. ADJOURNMENT:
Agenda #: 3.1
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ADOPTION OF THE FY 2020-2021 CITY OPERATING BUDGET AND
CAPITAL IMPROVEMENT PROGRAM, INCLUDING ESTABLISHMENT
OF THE APPROPRIATIONS LIMIT AND INVESTMENT POLICY.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
A. Adopt Resolution No. 2020-17 approving the FY 2020-2021 City Operating Budget
and Capital Improvement Program;
B. Adopt Resolution No. 2020-18 establishing the appropriations limit for FY 2020-
2021;
C. Adopt Resolution No. 2020-19 approving the FY 2020-2021 Investment Policy;
D. Establish Fund 025 COVID-19 Recovery Fund in FY 2019-2020; and
E. Establish Fund 163 Hazard Elimination Grant Program Fund in FY 2020 -2021.
FINANCIAL IMPACT:
CITYWIDE PROGRAMS FY 2020-2021 BUDGET
General Government $6,098,350
Public Safety $8,060,870
Community Development $2,259,641
Public Works $8,764,622
Parks & Recreation $3,204,592
Debt Service $867,406
Internal Service $1,526,377
Subtotal – Operating Budget $30,781,858
Capital Improvement Program $3,144,459
Total FY 2020-2021 Budget $33,926,317
3.1
Packet Pg. 11
BACKGROUND:
A. FY 2020-2021 Operating Budget and Capital Improvement Program
Each year the City Manager prepares and submits a draft municipal budget for review
and adoption. The draft budget for FY 2020-2021 was presented to the City Council
during study sessions held on April 21 and May 19, 2019.
COVID-19 Constraints
During the preparation of the initial Draft FY 2 020-2021 Operating Budget, the onset of
the COVID-19 global pandemic became a worldwide health crisis and took hold across
the United States, including California. Both the State Governor and Los Angeles
County Public Health Officials issued Stay at Home Orders and required many
businesses that were not defined as essential businesses to close. These actions
have caused dramatic and rapid changes in the State, County and local economy
creating a great deal of uncertainty with regard to estimating expected revenues and
expenditures. The COVID -19 pandemic will also have a significant financial impact on
the remainder of the current FY 2019-2020 resources.
The Draft Budget is highly constrained based on significantly lower revenues, resulting
in reductions in services and programs while recognizing limitations based on new
realities of what will likely be imposed on post COVID -19 activities and operating
practices as the City and County begin to reopen. The City Council, as part of their
continued prudent fiscal practices, has established a Contingency Reserve Fund to
adequately provide for economic uncertainties, local emergencies and other financial
hardships or downturns in the local, state or national economy, including contingencies
for unforeseen operating and capital needs and cash flow requirements. The
Contingency Reserve Fund represents 25% of the City’s operating budget which is
currently estimated at approximately $6.5 Million based on the proposed Draft Budget.
Often referred to as a “rainy day fund”, the current COVID-19 crisis is exactly what
these resources are intended to help the City weather. It is not just raining, it is pouring,
as there has never been another time where there has been such a sudden and
extensive reduction in revenue, or impact on City operations, even of those experienced
during the 2008 Great Recession. The Draft FY 2020-2021 Budget proposes to utilize a
portion of the Contingency Reserve Fund to cover anticipated shortfalls and provide for
a balanced budget. In addition, Staff is diligently working to secure all available State
and Federal resources that may be available to further off -set the financial impacts to
the City. Given the fluid nature of the health crisis, and the uncertainty of reopening the
economy, there will be opportunities throughout the year to revisit the budget and make
adjustments to services and programs based on actual revenues and expenditures.
The proposed budget implements the City Council’s priorities and strategic goals,
provides a financial plan that continues the delivery of first-rate services to the
community and is responsive to the needs of our residents. The allocation of resources
is guided by the three overarching goals found in the City’s adopted 2021-2024
Strategic Plan which includes:
3.1
Packet Pg. 12
• Responsible Stewardship of Public Resources
• Open, Engaged & Responsive Government
• Safe, Sustainable & Healthy Community
Budget Overview
The City Manager’s Draft Recommended FY 20/21 Operating Budget is highly
constrained due to the COVID-19 global pandemic and its resulting significant economic
impacts to the State, County and local economy. The use of special funds and outside
funding sources, some of which have also been negatively impacted, have been utilized
to the maximum extent practical to provide additional relief to General Fund resources.
A wide range of program cuts and deferrals have been included that will impact City
operations and the delivery of services to the community. The use of Fund Balance and
Contingency Reserve Funds have also been utilized to close the remaining deficit.
The Draft Budget currently reflects the following General Fund estimated resources and
expenditures:
Estimated Resources $24,586,122
Estimated Expenditures $25,811,159
Net Estimated Surplus/(Deficit) ($1,225,037)
Use of Fund Balance Reserves $532,731
Use of Contingency Reserve Funds $850,000
Total Use of Reserve Funds $1,382,731
Total Surplus/(Deficit)
$157,694
The above estimates reflect an approximate 9.0%, or $2,4 36,229 reduction in General
Fund revenue from what would have otherwise been expected without the influences
from COVID-19.
The sudden adverse impact to revenue due to COVID -19 has caused a shortfall for FY
19/20. In order to close the gap for FY 19/20, a transfer from the contingency reserve
fund in the amount of $1,250,000 will be required.
Changes To The Operating Budget As A Result of Study Session
At the Study Session on May 19, 2020, staff had incorporated numerous cost -cutting
recommendations in order to offset the loss of revenue due to COVID-19. After
reviewing all the recommendations with the Council, the following items were changed
as a result of discussion during the study session and are now reflected in the proposed
budget:
3.1
Packet Pg. 13
• Community Decorations – The installation of streetlight flags, decorative banners,
military support banners and holiday decorations in the amount of $49,555 has been
included in the budget.
• Chamber of Commerce – The annual contract amount of $12,000 has been
included in the budget with the caveat that staff will coordinate a scope of work with
the Chamber to bring back to the City Council at a future meeting for consideration.
• City Council Auto Allowance – All Council members will forgo their $300 per
month auto allowance for three months for a savings of $4,500.
• State Lobbyist – The annual contract with Gonsalves was renegotiated from
$36,180 to $30,180 subject to separate City Council approval and has been included
in the budget.
• Animal Control – At the June 2, 2020 meeting, the City Council approved changes
to the animal license fees to offset costs to the City. The annual contract amount
has been reduced from $292,500 to $200,300.
ESTIMATED GENERAL FUND RESOURCES - $24,586,122
The following highlighted items have been incorporated into the revenue estimates:
• Property Taxes – The assessed valuation of parcels in the City increased by 3.9%
during FY 2019-2020. This will result in an overall increase to property tax revenue
of 2.9% over the anticipated FY 19/20 amount of $5.6 million to $5.7 million.
Property Tax in Lieu of VLF is anticipated to increase 2.9% to $6.7 million during FY
2019-2020.
• Sales Tax - Sales tax revenue is projected to decrease by 19% over the already
reduced level for FY 2019-2020 to $4.3 million. Sales tax revenue had already been
exhibiting signs of leveling off. The COVID-19 related impacts from business
closures and lower activity for businesses that were able to remain open will further
exacerbate these conditions resulting in overall lower sales tax revenues.
• Transient Occupancy Tax (TOT) – COVID-19 eliminated most, if not all, travel
which has significantly impacted local hotels and TOT revenue. This revenue
source is projected to be down 25% to $1.1 million.
• Current Service Charges –
Revenue from Building, Planning and Engineering activity is estimated to be lower
by 19% to $1.4 million. There will be an offset of a reduction in expenditures in
consultant services as a result of lower permit activity.
COVID-19 closures related to gatherings has resulted in the closure of the Diamond
Bar Center and other facilities to private rentals. This has had a significant impact to
projected revenue. Facility rental revenue is currently projected to be down 27%
over original estimates to $589,500. COVID-19 has also had a significant impact on
Recreation programs with the canceling of various programs and contract classes.
3.1
Packet Pg. 14
ESTIMATED GENERAL FUND APPROPRIATIONS - $25,811,159
In response to lower than anticipated General Fund revenue estimates discussed
above, there have been cost saving measures across all City departments that have
been incorporated into the proposed FY 2020-2021 Operating Budget. In addition, it is
recommended that the City Council suspend annual reserve fund contributions outlined
in Council Policy 2019-01 Fund Balance and Reserves Policy Section 4.2 through 4.5.
The following is a summary of some of the Citywide cost saving measures:
• CalPERS Unfunded Pension Liability – make the annual payment based on a
30 year amortization schedule rather than a 15 year schedule. This is a savings
of $200,600.
• Suspend Minimum Reserve Fund Contributions – Suspend annual
contributions to the Building Facilities & Maintenance Fund and the Technology
Reserve Fund. This is a savings of $200,000.
• Suspend Vehicle Replacement Policy – Defer the purchase of a truck, trailer
mounted presser washer and other field vehicle equipment. This is a savings of
$93,000.
• Suspend Travel and Conference Attendance – Citywide savings of $71,630.
• Suspend Performance Pay – Citywide savings of $90,000
• Defer COLA/Benefit Increases – Citywide savings of 254,400.
The following highlights have been incorporated into the expenditure estimates:
• Public Safety – The annual increase to the FY 2019-2020 law enforcement contract
rate is 5.57%. The Liability Trust Fund rate applied to each position for FY 2020-
2021 is 11.5%. It is proposed that the STAR Deputy position remains but that the
number of classes be reduced from 420 to 164 lessons due to the severe economic
impacts associated with COVID-19. This reduction brings the cost of the position
from approximately $116,525 to $47,560 annually. This position is proposed to be
funded with funds from the Law Enforcement Reserve Fund. An additional $52,440
is proposed from the Law Enforcement Reserve Fund for special assignments and
suppression patrols which have proven to be a cost -effective approach to reducing
crime and responding to specific public safety issues throughout the year. The FY
2020-2021 Law Enforcement budget totals $7.8 million or approximately 30.1% of
the operating budget expenditures.
• Parks & Recreation – The impact to all facets of Parks & Recreation programs
have been significant during FY 2019 -2020 and is expected to continue into FY
2020-2021. Since it is currently unclear when it will be safe to gather in larger
groups, this portion of the budget is expected to change during FY 2020-2021.
Currently the programs expected to be canceled or significantly impacted include
Summer Day Camp (modified program), DBC Rentals, Concerts in the Park,
Halloween Party, Winter Snow Fest and Healthy Diamond Bar (modified program).
The anticipated savings due to these program changes totals approximately
$247,000.
3.1
Packet Pg. 15
• Economic Development – The proposed budget includes $25,000 for the
continuation of Restaurant Week. In addition, efforts to develop a more robust
“Shop Local” campaign to help with the recovery of local business activity from
COVID-19 will also be undertaken.
• Use of General Fund Reserves – The proposed FY 2020-2021 General Fund
budget includes the following use of reserves to fund the following expenditures:
o Capital Improvement Projects (CIP) $100,000 – This is for the replacement of
the roof at Heritage Park.
o Lighting & Landscape Assessment Districts (LLAD) $432,731 – As in
previous years, the General Fund has subsidized the LLADs. Every effort was
made to keep costs down but with rising costs and a fixed amount of property tax
assessment revenue available, General Fund reserves are required to fund the
deficit in each district. The table below summarizes the level of subsidy required
in each area.
LLAD District Proposed
Expenditures
Est. Assessment
Resources
Est. General Fund
Resources
#38 $485,253 $276,330 $208,923
#39 $375,748 $294,764 $80,984
#41 $264,981 $122,157 $142,824
Total $1,125,982 $693,251 $432,731
o Contingency Reserve $850,000 – As previously mentioned, the Draft Budget is
highly constrained based on impacts related to COVID-19. The Draft FY 2020-
2021 Budget proposes to utilize a portion of the Contingency Reserve Fund to
cover anticipated shortfalls and provide for a balanced budget. The Contingency
Reserve Fund represents 25% of the City’s operating budget which is currently
estimated at approximately $6.5 Million based on the proposed Draft Budget.
Approximately $850,000 in Contingency Funds is proposed to balance the
budget for FY 2020-2021.
• Special Funds – Special Funds are generally used to set aside General Fund
revenue from one year for a specific purpose over more than one budget cycle. This
ensures that the funds will not go into General Fund reserves at the end of the year
or get reprogrammed for other purposes in future years. As previously mentioned,
up to $100,000 will be transferred from the Law Enforcement Reserve Fund to the
General Fund to pay for as-needed additional special assignments and suppression
patrols throughout the City as well as the Star Deputy.
It is necessary to establish a new Special Fund in FY 19/20 in order to identify costs
incurred related to COVID-19 impacts. This will allow staff to submit expenditures to
State and Federal agencies in order to secure any resources allocated for fiscal
relief from COVID-19. The new fund is Fund 025 – COVID-19 Recovery Fund.
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• Special Revenue Funds – The City has several special revenue funds which
account for and report proceeds for specific revenue sources that are restricted for
specified purposes. Some examples of special revenue funds utilized by the City
include Measure R Fund, Prop A & C Funds and the Lighting and Landscape District
Funds. Each of these funds has a specific revenue source and strict guidelines as
to how those resources may be spent. The City uses these restricted resources to
pay for things such as street slurry seal projects, transit related programs, park
projects and solid waste reduction programs.
As part of the proposed budget, a new Special Revenue fund, Fund 163 – Hazard
Elimination Grant Program Fund, is established and described below:
o The City has received a FEMA grant in the amount of $45,000 to update the
Hazard Mitigation Plan which establishes the City’s strategy to put into practice
improvements and programs to lessen community impacts in the event of natural
hazard events. The City is required to contribute matching funds in the amount of
$15,000 which will be appropriated from the General Fund.
• Internal Service Funds – These funds are used to track the City’s shared costs
such as liability and worker’s compensation insurance, vehicle maintenance and
replacement, equipment maintenance and replacement and building and facility
maintenance. These internal service funds generally receive their funds from a
transfer in from the General Fund.
• Debt Service Fund – The debt service payment for FY 2020-2021 will be $863,906.
The outstanding balance at June 30, 2021 will be $7,830,000.
• Capital Improvement Fund - The FY 2020-2021 Capital Improvement Projects
(CIP) list includes projects that total $3.1 million of which $3.0 million are project
carryovers from FY 2019-2020. Given the great uncertainty with regards to revenue
streams used to fund CIP projects the proposed CIP program for FY 2020 -2021 has
been limited in scope and includes those essential projects that can be
accommodated with the lower than anticipated revenue streams. The CIP was
reviewed for consistency with the City’s General Plan at the May 26, 2020 Planning
Commission Meeting.
B. FY 2020-2021 Appropriations Limit
Pursuant to Article XIIIB of the California Constitution (known as the Gann Limit), the
City must compute an annual appropriations limit. This appropriations limit will place a
ceiling on the City’s total amount of tax revenues and the total amount of appropriations.
The appropriation limit can be calculated by the use of one of the following factors:
• Based on the growth factor of County population change over the prior year and
the change in the California per capita income over the prior year.
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• Based on the growth factor of City population cha nge over the prior year and the
change in the California per capita income over the prior year.
• Based on the growth factor of change in the City’s non -residential new
construction valuation and the change in the County or City population.
The recommended factor to compute the appropriation limit is based on the growth
factor of change in the County population change over the prior year and the change in
the California per capita income over the prior year. By using this factor, the City will
have an appropriation limit of $49,761,208 for Fiscal Year 2020-2021 (Attachment 2).
The City’s total proposed appropriations subject to the limitation is $32,498,991 which is
$17,262,217 less than the FY 2020-2021 limit of $49,761,208.
C. FY 2020-2021 Investment Policy
The Investment Policy states the goals of the City’s investment activities, the types of
investments in which the City is allowed to invest its funds and the reporting
requirements.
In January 2018, the City Council adopted an updated Investment P olicy which was
prepared in accordance with the provisions outlined in the California Municipal
Treasurer’s Association (CMTA) Investment Policy Certification Program. CMTA is
solely focused on public agency treasury management in the State of California w hich
lends itself more closely to the City’s investment requirements and goals. The
Investment Policy was submitted to CMTA and was certified with a score of 95 out of
100 points possible.
There is one minor proposed change to the Investment Policy for FY 2020-2021 since
the last revision in June 2019. (See Attachment 4 for the proposed policy).
The proposed change is to update the amount allowed in the Local Agency Investment
Fund (LAIF) to $75 million which is the current balance per account permi tted by the
State of California.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 3.1.a FY 20-21 Budget
2. 3.1.b Resolution No. 2020-18 FY 20-21 Gann
3. 3.1.c Resolution No. 2020-17 FY 20-21 Budget
4. 3.1.d Resolution No. 2020-19 FY 20-21 Investment Policy
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City of Diamond BarANNUAL BUDGET
Fiscal Year 2020 - 2021
21810 Copley Drive, Diamond Bar, CA 91765 p: 909.839.7000 www.diamondbarca.gov
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TABLE OF CONTENTS
City of Diamond Bar , California 2 FY 2020/21 Proposed Budget
Section 1: Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
City Leadership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Organizational Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
City Manager’s Budget Message . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
City Council’s Budget Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Budget Awards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2: Community Profile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Diamond Bar at a Glance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Community Snapshot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3: Strategic Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2021-2024 Strategic Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4: Guide to the Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
What is the Budget?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Basis of Budgeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Budget Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fund Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Financial Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5: Financial Summaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consolidated Financial Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Three Year Consolidated and Fund Financial Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fund Balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6: General Fund Revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revenue Descriptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General Fund Revenue Overview Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General Fund Revenue Detail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 7: General Fund Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General Fund Appropriations Overview Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General Fund Appropriations Detail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Departmental
City Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
City Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
City Manager/City Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administration & Support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Human Resources & Risk Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Health & Safety Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Civic Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Economic Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Law Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Volunteer Patrol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fire Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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TABLE OF CONTENTS
City of Diamond Bar , California 3 FY 2020/21 Proposed Budget
Animal Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Emergency Preparedness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Community Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Building and Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Neighborhood Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parks & Recreation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Diamond Bar Center Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recreation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Works Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Road Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parks & Facilities Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Landscape Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfers Out . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Citywide Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Personnel Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Full-Time Benefited Personnel Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part-Time Benefited Personnel Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part-Time Non-Benefited Personnel Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 8: Special Fund Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
011 - Community Organization Support Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
012 - Law Enforcement Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
015 - General Plan Revision Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
018 - Technology Reserve Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
020 - Other Post Employment Benefits Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
025 - COVID-19 Recovery Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 9: Special Revenue Fund Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
107 - Measure W Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
108 - Road Maintenance & Rehabilitation Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
109 - Measure M Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
110 - Measure R Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
111 - Gas Tax Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
112 - Prop A Transit Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
113 - Prop C Transit Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
115 - Integrated Waste Management Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
116 - Traffic Improvement Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
117 - Sewer Mitigation Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
118 - AB2766 Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
119 - SB821 Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
120 - MTA Grants Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
121 - Waste Hauler Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
122 - Quimby Fees Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
123 - Prop A-Safe Neighborhood Parks Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
124 - Park & Facility Development Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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TABLE OF CONTENTS
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125 - Community Development Block Grant Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
126 - Citizens Option for Public Safety Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
128 - CA Law Enforcement Equipment Program (CLEEP) Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
131 - Street Beautification Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
132 - Measure A Neighborhood Parks Act Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
133 - CASP SB1186 Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
134 - Tres Hermanos Conservation Authority Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
135 - Public Educational Governmental Fees Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
138 - Lighting & Landscape Assessment District 38 Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
139 - Lighting & Landscape Assessment District 39 Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
141 - Lighting & Landscape Assessment District 41 Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
160 - Use Oil Grant Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
161 - Beverage Recycling Grant Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
163 - Hazard Mitigation Grant Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 10: Capital Improvement Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
250 - Capital Improvement Project List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
250 - Capital Improvement Project Detail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
250 - Capital Improvement Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 11: Debt Service Fund Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
370 - Debt Service Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 12: Internal Service Fund Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
510 - Self Insurance Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
520 - Vehicle Replacement Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
530 - Equip Replacement Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
540 - Building Facility & Maintenance Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 13: Fiduciary Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
620 - Other Post Employment Benefits Trust Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
City of Diamond Bar Appropriation Limit Calculation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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CITY LEADERSHIP
City of Diamond Bar , California 6 FY 2020/21 Proposed Budget
City Manager - Daniel Fox
Assistant City Manager - Ryan McLean
City Clerk - Kristina Santana
Community Development Director - Greg Gubman
Finance Director - Dianna Honeywell
Human Resources and Risk Manager - Amy Haug
Information Systems Director - Ken Desforges
Parks and Recreation Director - Ryan Wright
Public Information Manager - Marsha Roa
Public Works Director - David Liu
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ORGANIZATIONAL STRUCTURE
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CITY MANAGER'S BUDGET MESSAGE
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CITY MANAGER'S BUDGET MESSAGE
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CITY MANAGER'S BUDGET MESSAGE
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CITY MANAGER'S BUDGET MESSAGE
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CITY MANAGER'S BUDGET MESSAGE
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CITY MANAGER'S BUDGET MESSAGE
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CITY MANAGER'S BUDGET MESSAGE
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CITY MANAGER'S BUDGET MESSAGE
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CITY COUNCIL'S BUDGET RESOLUTION
City of Diamond Bar , California 16 FY 2020/21 Proposed Budget
RESOLUTION NO. 2020-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, APPROVING AND ADOPTING THE CITY OPERATING
BUDGET AND CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF DIAMOND BAR FOR
THE FISCAL YEAR COMMENCING JULY 1, 2020 AND ENDING JUNE 30, 2021 AND
APPROPRIATING FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH
THEREIN
WHEREAS, the City Manager has submitted for the consideration of the City Council a
proposed City Operating Budget and City Capital Improvement Program for FY 2020-2021;
WHEREAS, the proposed Operating Budget and City Capital Improvement Program for
FY 2020-2021 was reviewed and considered in two public budget study sessions and in a public
City Council meeting;
WHEREAS, the Planning Commission of the City of Diamond Bar has publicly reviewed
the proposed Capital Improvement Program for FY 2020-2021 and found it to be in conformity
with the City’s General Plan as required by California Government Code Section 65401;
WHEREAS, copies of the City Operating Budget and Capital Improvement Program for
FY 2020-2021 are on file in the office of the City Clerk labeled “City of Diamond Bar FY
2020-2021 Budget” and said Budget is made a part of this Resolution and incorporated herein
by reference.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar
as follows:
Section 1. The City Council has reviewed the proposed Operating Budget and Capital
Improvement Program and the funds included therein for the fiscal year (FY) commencing
July 1, 2020 through June 30, 2021 and hereby finds that such budgets, as revised, are
sound plans for the financing during FY 2020-2021 of required City operations, services
and capital improvements. Such budgets are hereby adopted and appropriated as
follows:
Programs FY 2020-2021 Budget
General Government $6,098,350
Public Safety $8,060,870
Community Development $2,259,641
Public Works $8,764,622
Parks & Recreation $3,204,592
Debt Service $867,406
Internal Service $1,526,377
Subtotal - Operating Budget $30,781,858
Capital Improvement Program $3,144,459
Total FY 2020-2021 Budget $33,926,317
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CITY COUNCIL'S BUDGET RESOLUTION
City of Diamond Bar , California 17 FY 2020/21 Proposed Budget
Section 2. The City Manager is hereby authorized to transfer funds appropriated
hereby or by supplemental appropriation as follows: with respect to departments, the City
Manager may transfer amounts between and within departments, but only within a fund.
Section 3. Encumbrances for all funds at the end of FY 2019-2020 will be re-
appropriated for continued use in FY 2020-2021.
PASSED, APPROVED AND ADOPTED this 16th day of June, 2020.
____________________________
Steve Tye, Mayor
I, Kristina Santana, 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 16th day of June, 2020, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
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BUDGET AWARDS
City of Diamond Bar , California 18 FY 2020/21 Proposed Budget
GOVERNMENT FINANCE OFFICERS ASSOCIATION
The Government Finance Officers Association of the United States and Canada (GFOA)
presented a Distinguished Budget Presentation Award to the City of Diamond Bar,
California, for its Annual Budget for the fiscal year beginning July 1, 2019. In order to receive
this award, a governmental unit must publish a budget document that meets program
criteria as a policy document, as a financial plan, as an operations guide, and as a
communications device.
This award is valid for a period of one year only. We believe our current budget continues
to conform to the program requirements, and we are submitting it to GFOA to determine
its eligibility for another award.
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BUDGET AWARDS
City of Diamond Bar , California 19 FY 2020/21 Proposed Budget
CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS
The California Society of Municipal Finance Officers (CSMFO), presented its Operating
Budget Meritorious Award to the City of Diamond Bar, California for its Fiscal Year 2019 -2020
Budget. The City of Diamond Bar is confident that the Fiscal Year 2020-2021 Budget will
continue to conform to award requirements.
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DIAMOND BAR AT A GLANCE
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COMMUNITY SNAPSHOT
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WHAT IS THE BUDGET?
City of Diamond Bar , California 37 FY 2020/21 Proposed Budget
The budget is an annual financial plan for the City of Diamond Bar. It specifies the level of
municipal services to be provided in the coming year and reflects strategic priorities set
by the City Council.
The City of Diamond Bar's budget is designed to serve five major purposes:
1. Definition of policy in compliance with legal requirements for General Law cities in
the State of California, Governmental Accounting Standards Board (GASB) financial
reporting requirements and audit standards, and fiscal directions of the City Council.
2. Prepare the budget in conformity with Generally Accepted Accounting Principles
using the modified accrual basis of accounting.
3. Utilization as an operations guide for administrative staff in the management and
control of fiscal resources.
4. Presentation of the City's financial plan for the ensuing fiscal year, itemizing projected
revenues and estimated expenditures.
5. Illustration as a communications document for citizens who wish to understand the
operations and costs of City services.
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BASIS OF BUDGETING
City of Diamond Bar , California 38 FY 2020/21 Proposed Budget
The City of Diamond Bar's annual operating budget is prepared in conformity with
Generally Accepted Accounting Principles (GAAP), using the modified accrual basis of
accounting. Under this method of accounting, revenues are recognized in the accounting
period in which they become measurable and available to finance expenditures of the
current fiscal period while expenditures are recognized in the accounting period in which
the liability is incurred.
Each of the City's funds is considered a separate accounting entity with a self-balancing
set of accounts that records assets, liabilities, fund equity, revenue and expenditures. Funds
are established and segregated for the purpose of recording specific programs or attaining
certain objectives in accordance with special regulations, restrictions, or limitations.
The General Fund accounts for all the general revenue of the City not specifically levied
or collected for other City funds and for expenditures related to rendering the general
services provided by the City. The City of Diamond Bar has twenty-nine Special Revenue
Funds that are used to account for specific revenues that are legally restricted to
expenditure for particular purposes. The Capital Project Fund is used to account for the
purchase or construction of major capital facilities. The Debt Service Fund is used to
account for principal and interest payments on outstanding fixed rate bonds. Internal
Service Funds are used to account for goods and services provided to other departments
within the City such as liability insurance and equipment replacement.
The budget is prepared on a line item basis by fund and department. The six major General
Fund divisions are:
• Legislative
• Administration & Support
• Public Safety
• Community Development
• Parks & Recreation
• Public Works
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BUDGET PROCESS
City of Diamond Bar , California 39 FY 2020/21 Proposed Budget
BUDGET AMENDMENT PROCESS
The City Manager is responsible to the City Council for the faithful execution of the City Budget. In order to ensure
authorized expenditures are managed in the most efficient and economical manner possible, the City Council
authorizes the City Manager to increase or transfer appropriations within the General Fund, Special Revenue Fund
or any other unrestricted Fund. The City’s budget may be amended in the following ways:
- If a fund has an Undesignated Fund Balance during the Fiscal Year, the City Manager may approve
requests for budget increases with Council approval.
- Budget adjustments between a department’s line items with a null effect on the overall department
budget may be made with the City Manager’s approval.
- During the fiscal year, the City Council may modify approved programs and activities or implement new
activities that may require budget amendments. On such occasions when the Council approves a project
without amending the budget, that approval will constitute authority for the Finance Director to amend
the budget subject to the City Manager’s approval.
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FUND STRUCTURE
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DESCRIPTIONS
General Fund is the most versatile fund and is used to account for any legal budgetary purpose not accounted for elsewhere in the budget.
Debt Service Funds are used to account for debt payments owed by the City.
Capital Improvement Project Funds are used to account for the purchase or construction of major capital projects, which are not financed by proprietary, special assessment or trust funds.
Special Revenue Funds are used to account for certain funds, which are legally restricted to certain purposes.
Internal Service Funds account for a department of a governmental agency, which provides services to other departments of the agency. The costs of all or a part of the operations and the provision of services are recovered through fees charged to the user departments.
Fiduciary (Trust And Agency) Funds account for assets held by the City in a trustee capacity or as agency for individuals, private organizations, other governments, and/or other funds.
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FINANCIAL POLICIES
City of Diamond Bar , California 41 FY 2020/21 Proposed Budget
The City’s budget development is shaped by several financial and operational polices.
These policies promote and ensure organizational continuity, consistency, transparency,
and responsibility from year to year. This section identifies some of the major short and long-
term planning documents, financial and operational policies, and fiscal management
tools that the City of Diamond Bar employs in order to guarantee fiscal and programmatic
integrity and to guide the development of the City’s budget.
Annual Budget and Financial Reporting Policy
The purpose of this policy is to ensure a balanced annual operating budget and reporting
procedures to safeguard public funds and maximize resources available for use by the
City in delivering programs and services.
CAL Card Use Policy
The City of Diamond Bar has joined the CAL Card program which is administered through
the State General Services Division and US Bank. This program provides a mechanism for
government agencies to provide purchasing cards to their employees to expedite
purchases of goods and services. This policy sets forth policies and procedures for CAL
Card usage.
Compensation for City Commissioners/Committee Members
The purpose of this policy is to establish compensation for attendance at Commission/
Committee Meetings for City Commissioners/Committee Members.
Drawing Warrants and Checks Upon City Funds
California State law requires the Mayor and City Clerk to execute and countersign all
warrants and checks issued for payment from City funds. Government Code Section 37203
provides that the City Council may prescribe an alternative method for drawing warrants
and checks. Through adoption of this Policy, the City Council established an alternative
method to insure the timely drawing of warrants and checks upon City funds.
Travel, Expense and Reimbursement Policy
The City of Diamond Bar recognizes the value of attendance by City officials and
employees at professional conferences, seminars, meetings with other government
officials, professional organizations, community organizations, and constituents and
ceremonial events and activities that promote or benefit the City. This policy establishes
travel authorization, expense, reimbursement, and reporting standards consistent with the
provisions of this policy and in compliance with California Government Code Sections
53232.2 and 53232.3.
Fixed Asset Capitalization and Inventory Control Policy
The purpose of this policy is to ensure adequate control and appropriate use of City fixed
assets. The procedures are intended to define fixed assets and to establish guidelines for
budgeting, purchasing and disposing fixed assets. This policy does not apply to
infrastructure assets.
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FINANCIAL POLICIES
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Anti-Fraud Policy
To establish policy and procedures for clarifying acts that are considered to be fraudulent,
describing the steps to be taken when fraud or other related dishonest activities are
suspected, and providing procedures to follow in accounting for missing funds, restitution
and recoveries.
Cash Handling Policy
The purpose of this policy is to safeguard public funds and also to maximize resources
available for use by the City in delivering programs and services. These policies recognize
the decentralized nature of the receipting and depositing process, while providing for
standardized procedures.
Fund Balance and Reserves Policy
The purpose of this policy is to establish a key element of the financial stability of the City
by setting guidelines for fund balance. Unassigned fund balance is an important measure
of economic stability. It is essential that the City maintain adequate levels of unassigned
fund balance to mitigate financial risk that can occur for unforeseen revenue fluctuations,
unanticipated expenditures, and other unexpected circumstances. The fund balance also
provides cash flow liquidity for the City's general operations.
Capital Financing and Debt Management Policy
The purpose of this policy is to provide guidelines for the City's utilization of capital financing
and debt for capital improvement projects, property acquisition, and projects whose useful
life will exceed the term of the financing.
Unclaimed Funds Policy
The purpose of this policy is to establish the proper disposition and accounting for unclaimed
money in accordance with Government Code Sections 50050 through 50056.
Investment Policy
The purpose of this policy is to provide guidelines for the prudent investment of the City's
temporarily idle cash and to outline the policies for maximizing the efficiency of the City's
cash management system. The ultimate goal is to enhance the economic status of the
City while protecting its pooled funds in accordance with the applicable local, state and
federal laws.
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CONSOLIDATED FINANCIAL SCHEDULE
City of Diamond Bar , California 44 FY 2020/21 Proposed Budget
SUMMARY OF ESTIMATED FINANCIAL SOURCES & USES - ALL FUNDS
General Fund Special Funds
SpecialRevenueFunds CapitalProjects Fund Debt ServiceFund InternalService Funds FiduciaryFunds Total
EST. FUND BAL @ 6/30/20 $ 18,762,651 $ 1,328,891 $ 15,883,400 $ (319,814) $ 361 $ 2,666,571 $ 453,827 $ 38,775,887
Estimated Revenues
Property Taxes $ 5,729,400 $ — $ 1,493,251 $— $— $ — $— $ 7,222,651
Other Taxes 6,988,500 — 6,468,359 ———— 13,456,859
State Subventions 6,721,600 —————— 6,721,600
From Other Agencies —— 1,004,570 116,710 ——— 1,121,280
Fines & Forfeitures 328,750 —————— 328,750
Current Service Charges 2,149,324 53,885 2,177,177 ———— 4,380,386
Use Of Money & Property 1,193,620 — 172,600 —400 31,000 15,100 1,412,720
Cost Reimbursements 146,400 —16,470 ———— 162,870
Transfers In 1,328,528 20,000 485,731 3,027,749 867,006 967,800 88,000 6,784,814
Total Revenue $ 24,586,122 $ 73,885 $ 11,818,158 $ 3,144,459 $ 867,406 $ 998,800 $ 103,100 $ 41,591,930
Expenditures by Function
City Administration $ 2,020,966 $ 20,000 $— $— $— $ — $— $ 2,040,966
Administration & Support 3,982,384 20,000 55,000 ———— 4,057,384
Public Safety 8,042,744 —18,126 ———— 8,060,870
Community Development 1,736,625 52,864 470,152 ———— 2,259,641
Parks & Recreation 3,204,592 —————— 3,204,592
Public Works 4,483,311 — 4,281,311 ———— 8,764,622
Capital Projects ——— 3,144,459 ——— 3,144,459
Debt Service ———— 867,406 —— 867,406
Internal Service ————— 1,526,377 — 1,526,377
Transfers Out 2,340,537 249,874 4,019,403 ——175,000 — 6,784,814
Total Expenditures $ 25,811,159 $ 342,738 $ 8,843,992 $ 3,144,459 $ 867,406 $ 1,701,377 $— $ 40,711,131
EST. FUND BAL @ 6/30/21 $ 17,537,614 $ 1,060,038 $ 18,857,566 $ (319,814) $ 361 $ 1,963,994 $ 556,927 $ 39,656,686
Net Change In Fund Balance (1,225,037) (268,853) 2,974,166 —— (702,577) 103,100 880,799
Percentage of Change (6.53)% (20.23)% 18.72%—%—%(26.35)% 22.72% 2.27%
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THREE YEAR CONSOLIDATED AND FUND FINANCIAL SCHEDULE
City of Diamond Bar , California 45 FY 2020/21 Proposed Budget
SUMMARY OF ESTIMATED FINANCIAL SOURCES & USES - ALL FUNDS
(in Thousands of Dollars)
Governmental Funds Proprietary Funds Fiduciary Funds Total
General Fund CIP Fund Non-Major Funds Internal Service Funds OPEB Trust Fund All Funds
2019Actual 2020 EstActual 2021Budget 2019Actual 2020 EstActual 2021Budget 2019Actual 2020 EstActual 2021Budget 2019Actual 2020 EstActual 2021Budget 2019Actual 2020 EstActual 2021Budget 2019Actual 2020 EstActual 2021Budget
Financial Sources
Property Taxes $ 5,405 $ 5,572 $ 5,729 $ — $ — $ — $ 688 $ 1,573 $ 1,493 $ — $ — $ — $ — $ — $ — $ 6,093 $ 7,145 $ 7,222
Other Taxes 7,828 6,985 6,988 — — — 5,929 5,988 6,262 — — — — — — 13,757 12,973 13,250
State Subventions 6,286 6,576 6,722 — — — —— — — — — — — — 6,286 6,576 6,722
From Other Agencies 888 — — 198 575 116 1,537 3,041 1,782 — — — — — — 2,623 3,616 1,898
Fines & Forfeitures 416 364 329 — — — —— — — — — — — — 416 364 329
Current ServiceCharges 3,111 2,370 2,149 — — — 7,219 788 1,659 — — — — — — 10,330 3,158 3,808
Use Of Money &Property 2,041 1,337 1,194 — — — 191 230 174 36 42 31 18 20 15 2,286 1,629 1,414
Cost Reimbursements 225 143 146 — — — —62 17 — — — — — — 225 205 163
Transfers In 929 880 1,329 3,907 5,645 3,028 1,204 1,570 1,373 1,866 670 968 87 88 88 7,993 8,853 6,786
Use of Reserves 3,877 2,944 1,383 — — — —— — — — — — — — 3,877 2,944 1,383
Total Financial Sources $ 31,006 $ 27,171 $ 25,969 $ 4,105 $ 6,220 $ 3,144 $16,768 $ 13,252 $ 12,760 $ 1,902 $712 $999 $105 $ 108 $ 103 $53,886 $ 47,463 $ 42,975
Financial Uses
City Administration $ 3,320 $ 2,157 $ 2,021 $ — $ — $ — $ 11 $ 20 $ 20 $ — $ — $ — $ — $ — $ — $ 3,331 $ 2,177 $ 2,041
Administration &Support 3,672 3,984 3,982 — — — 14 224 75 — — — — — — 3,686 4,208 4,057
Public Safety 7,132 7,630 8,043 — — — 5 17 18 — — — — — — 7,137 7,647 8,061
CommunityDevelopment 1,778 1,840 1,737 — — — 352 285 523 — — — — — — 2,130 2,125 2,260
Parks & Recreation 3,086 3,209 3,205 — — — 68 47 31 — — — — — — 3,154 3,256 3,236
Public Works 4,513 5,070 4,483 — — — 4,108 4,047 4,251 — — — — — — 8,621 9,117 8,734
Capital Projects —— — 4,377 6,220 3,144 30 — — — — — — — — 4,407 6,220 3,144
Debt Service —— — — — — 859 861 867 — — — — — — 859 861 867
Internal Service —— — — — — —— — 800 1,840 1,526 — — — 800 1,840 1,526
Transfers Out 3,827 3,128 2,340 — — — 4,165 5,656 4,269 — 68 175 — — — 7,992 8,852 6,784
Total Financial Uses $ 27,328 $ 27,018 $ 25,811 $ 4,377 $ 6,220 $ 3,144 $ 9,612 $ 11,157 $ 10,054 $800 $ 1,908 $ 1,701 $—$ — $ — $42,117 $ 46,303 $ 40,710
Surplus (Deficit) $ 3,678 $ 153 $ 158 $ (272) $ — $ — $ 7,156 $ 2,095 $ 2,706 $ 1,102 $ (1,196) $ (702) $105 $ 108 $ 103 $11,769 $ 1,160 $ 2,265
Fund Balance
Beginning Balance $ 21,753 $ 21,554 $ 18,763 $ (48) $ (320) $ (320) $ 7,961 $ 15,117 $ 17,212 $ 2,761 $ 3,863 $ 2,667 $ 241 $ 346 $ 454 $32,668 $ 40,560 $ 38,776
Surplus (Deficit) 3,678 153 158 (272) — — 7,156 2,095 2,706 1,102 (1,196) (702) 105 108 103 11,769 1,160 2,265
Use of Reserves (3,877) (2,944) (1,383) — — — —— — — — — — — — (3,877) (2,944) (1,383)
Ending Balance 21,554 18,763 17,538 (320) (320) (320) 15,117 17,212 19,918 3,863 2,667 1,965 346 454 557 40,560 38,776 39,658
Change in Balance $ (199) $ (2,791) (1,225) $ (272) $ — — $ 7,156 $ 2,095 2,706 $ 1,102 $ (1,196) (702) $ 105 $ 108 103 $ 7,892 $ (1,784) 882
% Change -0.9% -12.9% -6.53% -567% —% —% 89.9% 13.9% 15.7% 39.9% -31.0% -26.3% 43.6% 31.2% 22.7% 24.2% -4.4% 2.3%
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FUND BALANCE
City of Diamond Bar , California 46 FY 2020/21 Proposed Budget
WHAT IS FUND BALANCE?
Fund balance reflects the net financial resources of a fund - in other words, assets minus
liabilities - in simpler terms, dollars available to spend. If some of the funds’ resources are
not available to spend, this would be indicated by “restricting” or “reserving” a portion of
fund balance.
The Governmental Accounting Standards Board (GASB) Statement Number 54, Fund
Balance Reporting and Governmental Fund Type Definitions, is effective for fiscal years
beginning after June 15, 2010. The objective of the statement is to improve the usefulness
and understandability of governmental fund balance information. The statement provides
clearly defined categories of fund balance to make the nature and extent of the
constraints placed on a government’s fund balance more transparent.
GASB 54 classifications of fund balance are as follows:
• Nonspendable - The net current financial resources that cannot be spent because
they are either not in spendable form or are legally or contractually required to be
maintained intact. Generally, not in spendable form means that an item is not
expected to be converted to cash. Examples include inventory, prepaid amounts,
long-term amounts of loans and notes receivable and property acquired for resale.
• Restricted - The portion of fund balance on which constraints have been placed by
creditors, grantors, contributors, laws or regulations of other governments,
constitutional provisions or enabling legislation.
• Committed - The portion of fund balance that can only be used for specific purposes
pursuant to constraints imposed by formal action of the highest level of decision-
making authority i.e. the City Council. These amounts cannot be used for any other
purpose unless the City Council removes or changes the specified use by taking the
same action it employed to previously commit the amounts.
• Assigned - The portion of fund balance that is intended to be used for specific
purposes, but is neither restricted nor committed. Such intent needs to be established
at either the highest level of decision-making i.e. City Council or by an official
designated for that purpose i.e. City Manager and/or Finance Director.
• Unassigned - The portion of fund balance that represents amounts that are not
nonspendable, restricted, committed or assigned to specific purposes. The General
Fund is the only fund that should report this category of fund balance. The City will
strive to maintain an unassigned fund balance of 3 months of the budgeted
operational expenditures in the City's General Fund. The purpose of this unassigned
balance is to alleviate significant unanticipated budget shortfalls and to ensure the
orderly provisions of services to citizens.
GASB 54 classification is only required for governmental funds. Therefore, no presentation
is included on Internal Service Funds or Agency Funds - those balances are restricted by
their individual purposes 100%.
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FUND BALANCE
City of Diamond Bar , California 47 FY 2020/21 Proposed Budget
Resources Uses
Fund #FundTitle FB Reserves@ 06/30/20 Revenues Transfers In TotalResources Expenditures Transfers Out FB Reserves@ 06/30/21 % Change inFB Reserves Explanation of Change in FB Reserves Greater Than 10%
1 General Fund 18,762,651 23,257,594 1,328,528 43,348,773 23,470,621 2,340,537 17,537,615 (7)%GF Reserves are being used for the subsidy of LLAD'sand emergency contingency funds
11 Com Organization Support Fund ——20,000 20,000 20,000 ——— %
12 Law Enforcement Reserve Fund 945,106 —— 945,106 —161,874 783,232 (17)%Money to be used for as-needed assignments,suppression patrols and the purchase of a vehicle
15 General Plan Revision Fund 76,190 ——76,190 52,864 — 23,326 (69)% Money set aside for GP will be expended
18 Technology Reserve Fund 154,127 53,885 — 208,012 —— 208,012 35 %Money is being collected for the update of the LandManagement System
20 OPEB Reserve Fund 153,468 —— 153,468 20,000 88,000 45,468 (70)% Reserves are being invested into OPEB Trust
25 COVID-19 Recovery Fund ———————— %
107 Measure W 622,901 800,000 —1,422,901 262,579 — 1,160,321 86 %CIP projects funded with this source are being deferreddue to COVID-19
108 Road Maintenance & Rehab (RMRA) 1,987,667 1,007,146 —2,994,813 —2,076,811 918,002 (54)% Reserves are being used for CIP projects
109 Measure M Fund 784,073 861,928 —1,646,001 —290,470 1,355,531 73 %CIP projects funded with this source are being deferreddue to COVID-19
110 Measure R Fund 155,510 757,485 — 912,995 —— 912,995 487 %CIP projects funded with this source are being deferreddue to COVID-19
111 Gas Tax Fund 391,597 1,351,727 —1,743,324 —1,036,000 707,324 81 %CIP projects funded with this source are being deferreddue to COVID-19
112 Prop A - Transit Fund 610,427 1,971,364 —2,581,791 1,586,052 53,500 942,239 54 %CIP projects funded with this source are being deferreddue to COVID-19
113 Prop C - Transit Fund 1,061,176 1,020,709 —2,081,885 554,694 332,943 1,194,248 13 %CIP projects funded with this source are being deferreddue to COVID-19
114 MAP-21 Fund 363 ——363 ——363 — %
115 Integrated Waste Mgt Fund 1,346,531 588,737 —1,935,268 516,204 10,000 1,409,064 5 % The annual allocation is more that expenses this year
116 Traffic Mitigation Fund 7,159,327 941,910 —8,101,237 —— 8,101,237 13 % The annual allocation is more that expenses this year
117 Sewer Mitigation Fund 52,867 1,500 —54,367 —— 54,367 3 %
118 Air Quality Improvement Fd 125,357 76,000 — 201,357 75,000 24,930 101,427 (19)% Reserves are being used for CIP projects
119 SB821 Trails (TDA)41,380 117,713 — 159,093 —74,095 84,998 105 % The annual allocation is more that expenses this year
120 MTA Grants Fund ———————— %
121 Waste Hauler Fund 35,183 141,300 — 176,483 —— 176,483 402 % The annual allocation is more that expenses this year
122 Park Fees (Quimby) Fd 91,365 3,500 —94,865 —— 94,865 4 %
123 Prop A - Safe Neighborhood Pks Fd 3,353 600 —3,953 —— 3,953 18 % We no longer receive this funding source
124 Park & Facility Development Fd 25,844 700 —26,544 —— 26,544 3 %
125 Community Dev Block Grant Fd — 470,152 — 470,152 470,152 ——— %
126 Citizens Option for Public Sfty Fd 278,103 103,800 — 381,903 10,000 120,654 251,249 (10)% Reserves are being used for Law Enforcement purposes
128 CA Law Enforcement Eq Fund 8,026 100 —8,126 8,126 ——(100)%We no longer receive this funding source and areexpending the remainder of the fund balance
131 Street Beautification 331,365 3,800 — 335,165 —— 335,165 1 %
132 Measure A Neighborhood Parks Act 230,750 231,000 — 461,750 —— 461,750 100 % Reserves are being built up for future projects
133 CASP (SB1186) Fund 22,302 8,200 —30,502 —— 30,502 37 % Reserves are being built up for future projects
134 Tres Hermanos 53,000 —38,000 91,000 71,000 — 20,000 (62)% Reserves are being used for annual operating costs
135 PEG Fees Fund 408,062 104,000 — 512,062 55,000 — 457,062 12 % The annual allocation is more that expenses this year
138 Landscape Maint Dist - 38 — 276,330 208,923 485,253 485,253 ——— %
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FUND BALANCE
City of Diamond Bar , California 48 FY 2020/21 Proposed Budget
Fund #FundTitle FB Reserves@ 06/30/18 Revenues Transfers In TotalResources Expenditures Transfers Out FB Reserves@ 06/30/19 % Change inFB Reserves Explanation of Change in FB Reserves Greater Than 10%
139 Landscape Maint Dist - 39 — 294,764 80,984 375,748 375,748 ——— %
141 Landscape Maint Dist - 41 — 122,157 142,824 264,981 264,981 ——— %
160 Used Oil Grant 22,237 15,735 —37,972 15,500 — 22,472 1 %
161 Beverage Recycling Grant 34,634 15,070 —49,704 14,300 — 35,404 2 %
163 Hazard Mitigation Grant Fund — 45,000 15,000 60,000 60,000 ——— %
250 Capital Improvement Project Fd (319,814) 116,710 3,027,749 2,824,645 3,144,459 — (319,814)— %
370 Debt Service Fund 361 400 867,006 867,767 867,406 —361 — %
510 Self Insurance Fund 1,000,000 7,500 504,500 1,512,000 512,000 — 1,000,000 — %
520 Vehicle Maint & Replacement Fund 124,725 3,500 172,150 300,375 172,150 — 128,225 3 %
530 Equipment Maint & Repl Fd 1,375,848 15,000 91,150 1,481,998 742,227 — 739,771 (46)%Reserves are being used to pay for ERP project andannual operating expenditures540 Building Facility & Maint Fund 165,998 5,000 200,000 370,998 100,000 175,000 95,998 (42)% Reserves are being used for CIP projects
620 OPEB Trust Fund 453,827 15,100 88,000 556,927 —— 556,927 23 % Contribution being made from OPEB Reserve Fund
Grand Totals 38,775,887 34,807,116 6,784,814 80,367,817 33,926,316 6,784,814 39,656,686
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REVENUE DESCRIPTIONS
City of Diamond Bar , California 50 FY 2020/21 Proposed Budget
All revenues which, by law, do not have to be placed in a separate fund are deposited
in the General Fund. All general operations of the City are charged to this fund. All
expenditures must be made pursuant to appropriations, which lapse annually and at the
end of the fiscal year. Unexpended balances are transferred to the unappropriated
reserve.
PROPERTY TAXES
Secured - Current Year
Tax levied on secured property pursuant to the revenue and taxation code.
Unsecured - Current Year
Tax levied on all personal property not secured by real property held in title by the
same owner. Due to the transitory nature of unsecured property, a tax is levied
immediately after assessed values are determined.
Supplemental Roll
Taxes levied when secured property is sold to a new owner. It is calculated as the
difference between what the seller paid for property tax and what the new owner
is expected to pay prorated from the time of closing escrow until the next property
tax bill is prepared by the Assessor.
Prior Year Uncollected
Taxes paid in the current year, which were due in a prior year.
Interest and Penalties
Interest and penalties charged for the late payment of property taxes.
Consultant HdL & Companies provides annual estimates for Secured and
Unsecured Property Taxes. Supplemental and Delinquent Property Taxes are
based on the latest 3 year average trend.
OTHER TAXES
Sales and Use Tax
As a result of the Bradley-Burns Local Sales and Use Tax law, 1% of the Sales & Use
Tax is to be distributed to the City.
Consultant HdL & Companies provides annual estimates.
Transient Occupancy Tax
These revenues are received on a monthly basis from the hotels in the City. The
hotels are required to pay a 14% tax based on the amount of their room rental
revenues.
Estimate based on historical trends.
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REVENUE DESCRIPTIONS
City of Diamond Bar , California 51 FY 2020/21 Proposed Budget
Franchise Fees
Companies are granted special privileges for the continued use of public property,
such as city streets. Such companies usually involve elements of monopoly and may
require regulation. The Franchise Fees are the amounts required for the continued
granting of these privileges. Franchises currently granted within the City are Electric,
Gas, Cable TV, Bus Benches and Waste Hauler.
Estimate based on franchise agreements with each franchisee.
FINES AND FORFEITURES
Vehicle Code Fines
Amounts derived from traffic citations and fines for violations occurring within the
city limits.
Court Fines and Forfeitures
Fines collected by the county courts for city code violations other than traffic, which
are shared with Los Angeles County.
Impound Fees
Fines collected upon the release of vehicles, which have been impounded and
stored by the Sheriff's Department.
Miscellaneous
Other fines and forfeitures not included above.
Estimate based on historical trends and changes to the City and/or County
Fee Schedule.
LICENSES AND PERMITS
Building Fees
Building Fees are collected in accordance with the Uniform Building Code. The
revenues from these fees are used to cover the cost of providing building inspections
to insure compliance with building codes.
Estimate based on anticipated building activity and any changes to the City's
Fee Schedule.
Encroachment Permit Fees
These fees are levied to cover costs of inspections for work within the public right-
of-way for the construction of new or repair of existing utility facilities and other public
improvements such as sidewalks, curb, gutter, asphalt roadway, etc.
Estimate based on anticipated building activity and any changes to the City's
Fee Schedule.
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REVENUE DESCRIPTIONS
City of Diamond Bar , California 52 FY 2020/21 Proposed Budget
Certified Access Specialist Program (CASP) Fees
SB 1186 requires that a $4 additional fee is to be paid by any applicant seeking a
local business license when it is initially issued or renewed. From January 1, 2018
through December 31, 2023, the City will retain 90% of the fees collected. The
purpose of the fee is to increase disability access and compliance with construction
related accessibility.
Estimate based on historical business license volume and the State's Fee
Schedule.
CURRENT SERVICE CHARGES
Planning and Engineering Fees
These fees are levied to cover costs of plan checks, inspections, etc. which maybe
necessary in conjunction with new construction or improvements being made by
contractors.
Estimate based on anticipated building activity and any changes to the City's
Fee Schedule.
Recreation Fees
These fees are levied to cover the cost of providing recreation programs such as fee
classes, Tiny Tot programs, excursions, summer day camp, youth and adult athletics,
senior activities and community events.
Estimate based on trending program participation and any changes to the
City's Fee Schedule.
Public, Educational and Governmental (PEG) Fees
Fees totaling 1% of gross revenues are remitted to the City by all video service
providers with a valid state franchise. These funds may only be used for capital
improvements related to the City's operations of its PEG channels.
Estimate based on historical trends.
INTERGOVERNMENTAL REVENUE
Vehicle License Fee (VLF) - Property In-Lieu Tax
The Motor Vehicle In-Lieu fee is a tax on the ownership of a vehicle in place of taxing
vehicles as personal property. The tax rate used to be 2%, and then the rate was
cut by 67.5% which greatly affected the revenue allocated to the City by the State.
VLF has now been totally eliminated. To fill the gap created by the cut the State
instituted a property tax swap where the City receives additional property tax to
offset the loss of VLF. These funds are included in the budget as VLF Property Tax in
Lieu revenue.
Projection prepared by consultant HdL Companies, LLC.
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REVENUE DESCRIPTIONS
City of Diamond Bar , California 53 FY 2020/21 Proposed Budget
AB2766 - Air Quality Improvement/Pollution Reduction Fees
These fees are derived from the imposition of an additional motor vehicle registration
fee which shall be used to fund the implementation of air quality management
compliance and provisions of the California Clean Air Act of 1988.
Estimate based on historical trends.
Gas Tax Section 2105
This Section of the Streets and Highways Code provides for the collection and
distribution of special gas tax to fund improvements for regional transportation
needs.
Gas Tax Section 2106
Section 2106(a) of the Streets and Highways Code provides that each city shall
receive a fixed monthly apportionment of $400; Section 2106(c) provides for
distribution on a per capita basis.
Gas Tax Section 2107
This section provides monthly allocations of 1.315 cents per gallon of gasoline, 1.8
cents per gallon of diesel and 2.59 cents per liquefied petroleum gas (LPG) based
on population.
Gas Tax Section 2107.5
This account represents a fixed amount of revenue received from the state based
on population.
Highway Users Tax Act (HUTA)
This revenue source replaces the Proposition 42 sales tax on gasoline with a franchise
tax. It is intended to be revenue neutral to Cities and allow greater flexibility at the
State level.
Road Maintenance & Rehabilitation Act of 2017 (SB-1)
This source of revenue was signed into law in April 2017 in order to address the
significant multi-modal transportation funding shortfalls statewide. A fuel tax
increase began on November 1, 2017. The value-based transportation fee began
on January 1, 2018. The price-based excise tax will be reset on July 1, 2019 and the
new zero emissions vehicle fee will begin on July 1, 2020.
Gas Tax, HUTA and SB-1 estimates are provided by California Local
Government Finance Almanac which bases their estimates on State
Department of Finance statewide revenue projections.
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REVENUE DESCRIPTIONS
City of Diamond Bar , California 54 FY 2020/21 Proposed Budget
Measure W
The Safe Clean Water Act (ACW Program) also known as Measure W was approved
by the voters in November 2018. The revenue generated from this measure is
intended to maximize the ability of local governments to address local storm water
and urban runoff challenges and is to be used for water quality improvements within
the City. It is estimated that the City will receive $800,000 annually as part of this
program.
Measure M
Approved by the voters on November 6, 2016, this half-cent sales tax increase will
fund projects that will improve local streets, repair potholes and improve traffic flow/
safety. The City received its first allocation of Measure M funds during FY 2017-18.
Prop A - Transit Tax
The City receives twenty-five percent of the 1/2% Prop A Sales tax (approved by
voters in 1980). These funds are distributed by the L.A. County Metropolitan
Transportation Authority (MTA), and are distributed to Los Angeles County cities on
a proportional population basis. The funds are to be used for the development of
transit programs within the guidelines established by the MTA.
Prop C - Transit Tax
The City receives twenty percent of the 1/2% Prop C sales tax (approved by voters
in 1990). These funds are distributed by the L.A. County Metropolitan Transportation
Authority (MTA), and are distributed to Los Angeles County cities on a proportional
population basis. The funds are to be used the improving, expanding and
maintaining public transit services. These expenditures must be consistent with the
County's Congestion Management Program.
Measure R - Local Return Funds
Measure R is funded with 1/2 cent sales tax revenues that LA County voters approved
in November 2008 to meet the transportation needs of the County. Fifteen percent
of this tax is designated for the Local Return program to be used by cities. These
funds are to be used for local transportation projects.
Measure M, Prop A, Prop C and Measure R estimates come from L.A. County
Metropolitan Transportation Authority (MTA).
Prop A - Safe Parks Program
Funds transferred to the City as a result of the 1992 and 1996 L.A. County Safe
Neighborhood Parks Act. These funds are to be used to improve, preserve and
restore parks and to employ at-risk youth. Projects utilizing the California
Conservation Corps are funded through the at-risk youth element of this program.
This program ended in FY 2017-18.
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REVENUE DESCRIPTIONS
City of Diamond Bar , California 55 FY 2020/21 Proposed Budget
Measure A Neighborhood Parks Act
Approved by the voters in November 2016, this new source of revenue in FY 2018-19
provides funds to improve the quality of life throughout Los Angeles County by
preserving and protecting parks, safe places to play, community recreation facilities,
beaches, rivers, open spaces and water conservation. Measure A funds provide
local funding for parks, recreation, trails, cultural facilities, open space and Veteran
and youth programs.
Annual estimates are received from the Los Angeles County Regional Park
and Open Space District.
STATE GRANTS
State TDA
The Transportation Development Act provides this source of funding. Derived from
statewide sales tax, and allocated by formula to the County Transportation
Commission, allocations are deposited in each regional entity's State Transit
Assistance Fund.
Estimate based on historical trends.
SB821 - Bike and Pedestrian Paths
SB821 allows the City to request specifically allocated monies for the purpose of
constructing bike and pedestrian paths.
Estimate based on historical trends.
Habitat Conservation Fund (HFC)
Established by the California Wildlife Protection Act of 1990 (Proposition 117), the
HCF provides funding to local agencies to protect threatened species, to address
wildlife corridors, to create trails and to provide for nature interpretation programs
which bring urban residents into park and wildlife areas.
Grant awards vary from year to year so this is based on individual grant criteria.
COUNTY GRANTS
County TDA
The Transportation Development Act provides this source of funding. Derived from
state sales tax and allocated by formula to the County Local Transportation Fund,
allocations are available to operators for the support of public transportation
systems.
Based on estimates from Los Angeles County.
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REVENUE DESCRIPTIONS
City of Diamond Bar , California 56 FY 2020/21 Proposed Budget
FEDERAL GRANTS
Community Development Block Grant (CDBG)
The federal government provides funds for metropolitan areas whose population
exceeds 50,000. The funds are based upon a federal formula and are to be used
only within low and moderate-income census tracts and/or to benefit low and
moderate-income persons.
Based on estimates received from the Community Development Commission
of the County of Los Angeles.
Moving Ahead For Progress In The 21st Century (MAP-21)
The Federal Government has created a Federal Surface Transportation Program
that allocates funds for various improvements to the nation’s streets and roads. This
two year legislation has annual allocations funded primarily by the Highway
Account.
Estimate based on historical trends.
Land & Water Conservation Fund (LWCF)
LWCF is a Federal program that conserves irreplaceable lands and improves outdoor
recreation opportunities. Funds are administered by the State of California and are
allocated to local agencies through competitive grants.
Grant awards vary from year to year so this is based on individual grant criteria.
Recreational Trails Program (RTP)
RTP is a Federal program that provides financial assistance to local agencies for the
development of recreational trails, trailheads and trailside facilities. Funds are
administered by the State of California and are allocated to local agencies through
competitive grants.
Grant awards vary from year to year so this is based on individual grant criteria.
Hazard Mitigation Grant Program
The City received a grant from FEMA, which is administered by the State, in order to
update the City's Hazard Mitigation Plan. This plan establishes the City's strategy to
implement improvements and programs to lessen community impacts in the event
of natural hazard events.
Grant awards vary from year to year so this is based on individual grant criteria.
OTHER FINANCING SOURCES
Proceeds from Sale of General Fixed Assets
This includes proceeds from the sale of fixed assets (used by governmental funds
only).
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REVENUE DESCRIPTIONS
City of Diamond Bar , California 57 FY 2020/21 Proposed Budget
Damage to City Property
These funds include reimbursement to the City for repairing willful or accidental
damage to city property. Generally these are associated with automobile
accidents.
Cost Reimbursements
Reimbursements to the City for various expenditures incurred that are reimbursable
i.e. legal expenses.
All three of these revenue source estimates are based on historical trends.
Street Beautification - Developer Paid
Funds received from development projects to be used toward the Diamond Bar
Complete Streets improvements as well as other identified capital improvement
streetscape or complete streets projects as conditioned by the development
projects entitlements.
Estimate based on anticipated development projects and the associated
fees.
OPERATING TRANSFERS IN
Operating Transfers In
Includes monies transferred from one fund to another. Transfers are income to
recipient fund.
USE OF MONEY AND PROPERTY
Interest Earnings
Investments
Inactive City funds are pooled and invested on a continuing basis in certain
types of investments that are state approved such as time certificate of
deposits, money market accounts, Local Agency Investment Fund, and
Federal Agency notes.
The City's investment software produces a projection based on the
holdings in the portfolio.
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GENERAL FUND REVENUE OVERVIEW CHART
City of Diamond Bar , California 58 FY 2020/21 Proposed Budget
Total Revenue: $25,968,853
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GENERAL FUND REVENUE DETAIL
City of Diamond Bar , California 59 FY 2020/21 Proposed Budget
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
Property Taxes
30010 Current Secured $ 5,028,947 $ 5,250,560 $ 5,250,560 $ 5,409,900
30020 Current Unsecured 198,052 188,000 188,000 184,500
30050 Supplemental Roll 154,298 132,250 132,250 135,000
30100 Prior Year Property Tax (19,947) (10,000) (15,000) (15,000)
30250 Interest Penalties & Delinquencies 15,385 16,350 16,350 15,000
Total Property Taxes $ 5,376,735 $ 5,577,160 $ 5,572,160 $ 5,729,400
Other Taxes
31010 Sales Tax $ 4,970,980 $ 5,020,000 $ 4,265,000 $ 4,300,000
31200 Transient Occupancy Tax 1,222,925 1,475,000 1,106,250 1,106,250
31210 Franchise Tax 1,355,003 1,370,000 1,370,000 1,376,000
31250 Property Transfer Tax 278,790 325,000 243,750 206,250
Total Other Taxes $ 7,827,698 $ 8,190,000 $ 6,985,000 $ 6,988,500
Subventions - State
31340 Homeowners Exemption $ 28,600 $ 30,000 $ 30,000 $ 30,000
31700 Motor Vehicle in Lieu (VLF)27,581 —45,505 —
31701 VLF - Property Tax in Lieu 6,257,923 6,489,465 6,500,485 6,691,600
Total Subventions - State $ 6,314,104 $ 6,519,465 $ 6,575,990 $ 6,721,600
From Other Agencies
31900 Intergovernmental Revenue - OtherCities $ 888,500 $— $— $—
Total From Other Agencies $ 888,500 $— $— $—
Fines & Forfeitures
32150 Vehicle Code Fines $ 142,226 $ 160,000 $ 160,000 $ 120,000
32200 General Fines 9,988 15,000 15,000 15,000
32210 Municipal Code Fines 33,750 30,000 18,000 22,500
32230 Parking Fines 219,837 215,000 160,000 161,250
32250 Vehicle Impound Fees 9,900 10,000 10,000 10,000
32270 False Alarm Fees ——750 —
Total Fines & Forfeitures $ 415,702 $ 430,000 $ 363,750 $ 328,750
Current Service Charges
Building Fees:
34110 Building Permits $ 583,115 $ 594,200 $ 457,727 $ 398,904
34120 Plumbing Permits 148,701 78,365 60,366 48,678
34130 Electrical Permits 79,699 85,820 66,110 53,310
34140 Mechanical Permits 54,688 45,335 34,924 28,162
34200 Permit Issuance Fee 98,683 115,765 89,176 71,910
34250 Inspection Fees 23,879 10,960 8,441 6,806
34300 Plan Check Fees 522,279 756,460 582,728 469,903
34310 Plan Retention Fee 66,766 38,660 29,780 24,014
34350 SMIP Fees 5,791 6,675 5,141 4,146
34355 Building Standards Admin Fee 1,874 2,640 2,034 1,641
34415 Waste Reduction Fees 405 500 500 500
Sub-Total $ 1,585,879 $ 1,735,380 $ 1,336,927 $ 1,107,974
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Packet Pg. 78
GENERAL FUND REVENUE DETAIL
City of Diamond Bar , California 60 FY 2020/21 Proposed Budget
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
Planning Fees:
34430 Current Planning Fees $ 162,601 $ 125,000 $ 125,000 $ 129,000
34550 Developer Fees 40,659 ———
34556 South Pointe Developer Fees 350,000 —40,000 —
34560 Business License Fees 36,446 27,000 35,000 31,000
34561 Business License Late Fees 3,414 2,500 2,500 2,500
Sub-Total $ 593,120 $ 154,500 $ 202,500 $ 162,500
Engineering Fees:
34610 Engineering - Plan Check Fees $ 41,146 $ 37,000 $ 34,500 $ 20,000
34620 Engineering - Address Change Fee 2,584 2,000 4,600 5,000
34630 Engineering - Encroachment Fees 85,237 95,000 86,750 67,000
34640 Engineering - Inspections Fees 14,774 25,000 24,000 7,000
34650 Soils/Traffic/Misc Engineering Fees 19,281 35,000 33,750 20,000
34662 Waste Hauler Fees 196,859 203,000 203,000 209,250
34665 Industrial Waste Fees 37,797 35,000 35,000 35,000
Sub-Total $ 397,679 $ 432,000 $ 421,600 $ 363,250
Recreation Fees:
34720 Community Activities $ 46,618 $ 29,600 $ 28,030 $ 15,000
34730 Senior Activities 29,659 41,500 27,500 39,500
34740 Athletics 44,743 58,200 37,200 59,200
34760 Fee Programs 226,034 229,500 144,320 145,900
34780 Contract Classes 187,612 256,000 172,000 256,000
Sub-Total $ 534,665 $ 614,800 $ 409,050 $ 515,600
Total Current Service Charges $ 3,111,344 $ 2,936,680 $ 2,370,077 $ 2,149,324
Use of Money and Property
Misc Use of Money & Property
36600 Returned Check Charges $ 417 $ 150 $ 150 $ 230
36637 Film Permits 4,393 3,000 1,500 3,000
36660 Donations 1,015 500 500 500
36900 Miscellaneous Revenue 15,957 10,000 15,000 15,000
Sub-Total $ 21,782 $ 13,650 $ 17,150 $ 18,730
Investments
36100 Investment Earnings $ 490,167 $ 562,700 $ 562,700 $ 393,890
36110 Unrealized Gain/(Loss) on Invests 680,492 ———
36120 Gain/Loss On Sale of Investments 2,464 —3,400 —
Sub-Total $ 1,173,123 $ 562,700 $ 566,100 $ 393,890
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Packet Pg. 79
GENERAL FUND REVENUE DETAIL
City of Diamond Bar , California 61 FY 2020/21 Proposed Budget
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
Rents & Concessions
36610 Rents & Concessions $ 217,450 $ 160,000 $ 160,000 $ 160,000
36615 Diamond Bar Center Rental 531,232 675,000 455,000 500,000
36618 Facility Security 34,810 52,500 52,500 55,000
36620 Heritage Park Building Rental 14,929 20,000 12,500 20,000
36622 Pantera Park Building Rental —5,000 5,000 6,000
36625 Parks & Fields Rental 14,361 10,000 6,400 8,500
36627 Concert Share Revenue —24,600 24,600 —
Sub-Total $ 812,783 $ 947,100 $ 716,000 $ 749,500
Taxable Sales
36640 City Store Sales $— $— $95 $—
36650 Sale of Printed Material 272 1,000 500 500
Sub-Total $ 272 $ 1,000 $ 595 $ 500
Property Damage
36800 Property Damage - Public Works $ 32,754 $ 30,000 $ 30,000 $ 30,000
36810 Property Damage - Parks 225 1,000 1,000 1,000
Sub-Total $ 32,979 $ 31,000 $ 31,000 $ 31,000
Total Use of Money and Property $ 2,040,939 $ 1,555,450 $ 1,330,845 $ 1,193,620
Cost Reimbursements
36940 Nuisance Abatement $— $— $ 5,800 $—
36950 Cost Reimbursements 225,039 137,150 142,900 146,400
Total Cost Reimbursements $ 225,039 $ 137,150 $ 148,700 $ 146,400
Transfers In-Other Funds:
39012 Transfer In - Law Enforcement Fund $ 12,435 $ 100,000 $ 100,000 $ 161,874
39111 Transfer In - Gas Tax Fund 757,122 1,001,782 651,782 1,036,000
39115 Transfer In - Integrated Waste Mgmt.Fund 10,000 10,000 10,000 10,000
39123 Transfer In - Prop A Safe Parks Fund 49,999 ———
39126 Transfer In - COPS Fund 99,231 118,154 118,154 120,654
Total Transfers In-Other Funds $ 928,787 $ 1,229,936 $ 879,936 $ 1,328,528
Fund Balance Reserves
Use of Fund Balance Reserves $ 3,876,762 $ 1,773,969 $ 2,943,869 $ 1,382,731
GENERAL FUND TOTAL $ 31,005,609 $ 28,349,810 $ 27,170,327 $ 25,968,853
3.1.a
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3.1.a
Packet Pg. 81
GENERAL FUND APPROPRIATIONS OVERVIEW CHART
City of Diamond Bar , California 63 FY 2020/21 Proposed Budget
Total Appropriations: $25,811,158
3.1.a
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GENERAL FUND APPROPRIATIONS OVERVIEW CHART
City of Diamond Bar , California 64 FY 2020/21 Proposed Budget
Total Appropriations: $25,811,158
3.1.a
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GENERAL FUND APPROPRIATIONS DETAIL
City of Diamond Bar , California 65 FY 2020/21 Proposed Budget
Personnel Operating Professional Contract Capital
Department Services Supplies Expenditures Services Services Outlay Transfers Total Percentage
Community Administration
City Council $ 140,622 $ 250 $ 24,200 $ 500 $ — $ — $ — $ 165,572 0.64%
City Attorney ——— 225,950 ——— 225,950 0.88%
City Manager/Clerk 1,150,859 23,500 318,605 136,480 ——— 1,629,444 6.31%
Finance 620,376 3,000 33,450 158,725 ——— 815,551 3.16%
Human Resources 310,622 1,750 22,940 2,000 ——— 337,312 1.31%
Health & Safety Program — 5,000 2,000 1,000 ——— 8,000 0.03%
Information Systems 625,264 31,000 534,550 92,000 32,100 —— 1,314,914 5.09%
Civic Center 142,311 44,000 413,419 2,500 — 2,000 — 604,230 2.34%
Public Information 383,948 21,500 151,925 93,650 4,700 —— 655,723 2.54%
Economic Development 163,904 — 8,250 62,500 12,000 —— 246,654 0.96%
Law Enforcement — 3,500 6,000 — 7,772,044 —— 7,781,544 30.15%
Community Volunteer Patrol — 1,000 1,000 ———— 2,000 0.01%
Fire ———— 7,500 —— 7,500 0.03%
Animal Control ———— 207,800 —— 207,800 0.81%
Emergency Preparedness — 20,000 21,400 2,500 ——— 43,900 0.17%
Transfers Out —————— 1,907,806 1,907,806 7.39%
Use of General Fund Reserves —————— 432,731 432,731 1.68%
Community Development
Planning 697,112 2,500 8,500 9,000 ——— 717,112 2.78%
Building and Safety 161,086 2,000 1,000 — 536,070 —— 700,156 2.71%
Neighborhood Improvement 261,332 1,500 3,525 — 53,000 —— 319,357 1.24%
Diamond Bar Center 868,206 37,200 293,296 20,250 210,629 27,500 — 1,457,081 5.65%
Recreation Services 1,288,102 78,897 105,112 2,350 273,050 —— 1,747,511 6.77%
Public Works - Admin 412,982 5,000 21,240 141,100 30,000 —— 610,322 2.36%
Engineering 231,286 ——— 278,500 —— 509,786 1.98%
Road Maintenance 392,935 61,000 104,500 — 1,035,000 —— 1,593,435 6.17%
Parks & Facilities Maintenance 433,865 45,700 509,847 — 454,793 15,000 — 1,459,205 5.65%
Landscape Maintenance ———— 310,563 —— 310,563 1.20%
GENERAL FUND TOTAL $ 8,284,811 $ 388,297 $ 2,584,759 $ 950,505 $11,217,749 $ 44,500 $ 2,340,537 $25,811,158 100.00%
Percentage of Total 32.10% 1.50% 10.01% 3.68% 43.46% 0.17% 9.07% 100.00%
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CITY ADMINISTRATION
City of Diamond Bar , California 66 FY 2020/21 Proposed Budget
ESTIMATED EXPENDITURES SUMMARY
Organization #: 001-4010 through 001-4030
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES $ 1,211,756 $ 1,344,112 $ 1,342,942 $ 1,291,481
SUPPLIES 25,959 31,250 25,750 23,750
OPERATING EXPENDITURES 274,910 234,425 175,725 342,805
PROFESSIONAL SERVICES 602,501 617,667 612,167 362,930
DEPARTMENT TOTAL $ 3,320,158 $ 2,227,454 $ 2,156,584 $ 2,020,966
DEPARTMENT INCLUDES:
4010 City Council $ 165,572
4020 City Attorney 225,950
4020 City Manager/City Clerk's Office 1,629,444
Total Department Expenditures $ 2,020,966
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Packet Pg. 85
CITY COUNCIL
City of Diamond Bar , California 67 FY 2020/21 Proposed Budget
DIVISION NO. 4010
The City Council is the legislative and policy-making body for the City of Diamond Bar. Five
Council Members are elected at-large for four-year, overlapping terms of office. The
Council annually elects one of its members to serve as Mayor. The Mayor presides over all
Council meetings and is the ceremonial head of the City for official functions.
As Diamond Bar's elected representatives, the City Council sets policy and establishes
quality of municipal services for the community by determining service levels and revenue
obligations through the adoption of an annual budget, authorizing City contracts and
expenditures, and adopting necessary regulatory measures.
Council Members represent the City on various intergovernmental organizations to achieve
governmental cooperation and advocate for programs that are consistent with the needs
of the community.
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CITY COUNCIL
City of Diamond Bar , California 68 FY 2020/21 Proposed Budget
DEPARTMENT:CityAdministration
DIVISION:City Council
ORGANIZATION #:001-4010
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES
40010 Salaries $ 45,449 $ 44,760 $ 44,760 $ 44,760
40070 City Paid Benefits 3,749 4,101 4,101 3,485
40080 Classic Member Retirement 2,902 3,162 3,162 3,130
40081 Classic Member - UAL Pmt 1,000 2,189 2,189 1,647
40082 PEPRA Member Retirement 1,655 2,024 2,024 2,199
40085 Medicare 1,391 695 1,400 1,400
40087 Social Security 830 1,500 ——
40090 Benefit Allotment 82,248 84,000 84,000 84,000
TOTAL PERSONNEL $ 139,223 $ 142,431 $ 141,636 $ 140,622
SUPPLIES
41200 Operating Supplies $ 224 $ 250 $250 $ 250
TOTAL SUPPLIES $ 224 $ 250 $250 $250
OPERATING EXPENDITURES
42112 Photography $ 350 $ 500 $500 $ 500
42125 Telephone 2,638 2,700 2,700 2,700
42315 Membership & Dues 100 500 500 500
42325 Meetings 1,505 1,700 2,000 2,000
42330 Travel-Conferences 11,335 22,650 14,850 5,000
42335 Travel-Mileage & Auto Allow 18,300 18,000 — 13,500
TOTAL OPERATING EXP $ 34,229 $ 46,050 $ 20,550 $24,200
PROFESSIONAL SERVICES
44000 Professional Services $ 1,150 $ 500 $500 $ 500
TOTAL PROFESSIONALSERVICES $ 1,150 $ 500 $500 $500
DIVISION TOTAL $ 174,826 $ 189,231 $ 162,936 $ 165,572
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CITY ATTORNEY
City of Diamond Bar , California 69 FY 2020/21 Proposed Budget
DIVISION NO. 4020
The City Attorney serves as the City's legal counsel, reviews resolutions, ordinances and
agreements, and advises the City Council and staff on all legal matters relating to the
operation of the municipal government. This service is provided through a contract with
the law offices of Woodruff, Spradlin & Smart, APC.
In addition to the general legal services provided by Woodruff, Spradlin & Smart, the City
periodically has the need for legal services related to code enforcement prosecution
which is also provided for within this Division.
The City may also enlist the services of additional legal experts as needed to address
personnel issues and to assist with other matters important to the community.
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CITY ATTORNEY
City of Diamond Bar , California 70 FY 2020/21 Proposed Budget
DEPARTMENT:CityAdministration
DIVISION:City Attorney
ORGANIZATION #:001-4020
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PROFESSIONAL SERVICES
44020 Prof Svcs - General Legal $ 146,557 $ 170,000 $ 170,000 $ 175,950
44021 Prof Svcs - Special Legal 365,772 187,702 187,702 —
44023 Prof Svcs - Sp Lgl Code Enf 15,410 40,000 40,000 50,000
TOTAL PROFESSIONAL SVCS $ 527,739 $ 397,702 $ 397,702 $ 225,950
DIVISION TOTAL $ 527,739 $ 397,702 $ 397,702 $ 225,950
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CITY MANAGER / CITY CLERK
City of Diamond Bar , California 71 FY 2020/21 Proposed Budget
DIVISION NO. 4030
The City Manager/City Clerk's Office budget provides administrative direction to all
operating divisions in compliance with the City's Municipal Code. This division is responsible
for the execution of Council policy and the enforcement of all laws and ordinances.
The City Manager, in concert with the City Council, establishes policy, provides leadership
and implements efficient and effective services. The City Manager is the director of all
City personnel and establishes and maintains appropriate controls to ensure that all
operating departments adhere to Council and legally mandated policies and regulations.
Additionally, the City Manager is responsible for the preparation and administration of the
annual budget.
The City Clerk has the statutory duty to record the official minutes of all City Council
meetings. The division maintains original resolutions and ordinances, is responsible for the
management of all City records, public hearing notices and for the maintenance of the
municipal code. This position also acts as the chief election officer for municipal elections.
Administrative and clerical support to the Council Members is also provided through the
City Manager/City Clerk’s office.
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CITY MANAGER / CITY CLERK
City of Diamond Bar , California 72 FY 2020/21 Proposed Budget
DEPARTMENT:CityAdministration
DIVISION:City Manager/Clerk
ORGANIZATION #:001-4030
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES
40010 Salaries $ 755,762 $ 808,376 $ 808,376 $ 772,383
40020 Over-Time Wages 112 500 500 500
40030 Part Time Wages 19,445 36,666 36,666 36,990
40070 City Paid Benefits 7,166 7,272 7,272 7,255
40080 Classic Member Retirement 117,616 127,924 127,924 132,628
40081 Classic Member - UAL Pmt 39,090 82,641 82,641 64,308
40083 Worker's Comp. Expense 7,184 11,000 11,000 10,966
40084 Short/Long Term Disability 3,226 4,668 4,668 4,615
40085 Medicare 12,131 12,313 12,313 12,307
40087 Social Security 1,190 575 200 —
40090 Benefit Allotment 109,610 109,746 109,746 108,906
TOTAL PERSONNEL $ 1,072,533 $ 1,201,681 $ 1,201,306 $ 1,150,859
SUPPLIES
41200 Operating Supplies $ 22,155 $ 21,500 $ 18,500 $ 18,000
41300 Small Tools & Equipment —2,000 500 500
41400 Promotional Supplies 3,579 7,500 6,500 5,000
TOTAL SUPPLIES $ 25,735 $ 31,000 $ 25,500 $23,500
OPERATING EXPENDITURES
42110 Printing $ 9,526 $ 8,000 $ 8,000 $ 8,000
42113 Engraving Services 368 2,000 2,000 2,000
42115 Advertising 3,593 10,000 —6,000
42120 Postage 11,667 25,000 12,000 15,500
42124 Technology 4,200 4,200 4,200 4,200
42125 Telephone 983 1,100 1,100 1,100
42130 Rental/Lease of Equipment 1,759 50 50 50
42140 Rental/Lease of Real Prop 54,271 56,000 56,000 58,000
42200 Equipment Maintenance 994 500 500 700
42315 Membership & Dues 40,042 44,835 43,335 60,155
42320 Publications 9,499 1,800 1,800 900
42325 Meetings 3,802 7,000 5,000 2,500
42330 Travel-Conferences 16,569 15,200 10,000 5,000
42335 Travel-Mileage & Auto Allow 5,046 4,940 4,940 4,940
42340 Education & Training 735 1,500 —1,900
42390 Elections 77,627 6,250 6,250 147,660
TOTAL OPERATING EXP $ 240,681 $ 188,375 $ 155,175 $ 318,605
PROFESSIONAL SERVICES
44000 Professional Services $ 73,612 $ 219,465 $ 213,965 $ 136,480
TOTAL PROFESSIONAL SVCS $ 73,612 $ 219,465 $ 213,965 $ 136,480
MISCELLANEOUS EXPENDITURES
47230 Cont to other Govts $ 1,205,033 $— $— $—
Total Contract Services $ 1,205,033 $— $— $—
DIVISION TOTAL $ 2,617,594 $ 1,640,521 $ 1,595,946 $ 1,629,444
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ADMINISTRATION & SUPPORT
City of Diamond Bar , California 73 FY 2020/21 Proposed Budget
ESTIMATED EXPENDITURES SUMMARY
Organization #: 001-4050 through 001-4096
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES $ 2,082,311 $ 2,322,163 $ 2,228,189 $ 2,246,425
SUPPLIES 96,522 138,050 123,250 106,250
OPERATING EXPENDITURES 1,060,587 1,254,106 1,150,891 1,166,534
PROFESSIONAL SERVICES 393,314 468,920 431,645 412,375
CONTRACT SERVICES 33,858 47,700 47,700 48,800
CAPITAL OUTLAY 5,846 2,000 2,000 2,000
DEPARTMENT TOTAL $ 3,672,437 $ 4,232,939 $ 3,983,675 $ 3,982,384
DEPARTMENT INCLUDES:
4050 Finance $ 815,551
4060 Human Resources & Risk Management 337,312
4065 Health & Safety Program 8,000
4070 Information Systems 1,314,914
4093 Civic Center 604,230
4095 Public Information 655,723
4096 Economic Development 246,654
Total Department Expenditures $ 3,982,384
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FINANCE
City of Diamond Bar , California 74 FY 2020/21 Proposed Budget
DIVISION NO. 4050
The Finance Division administers the financial affairs of the City of Diamond Bar. The
department manages the City's revenues, expenditures, budget, investments, purchasing,
accounting and transit activities.
The Finance Division processes all financial transactions of the City. Specific activities
include accounts payable, cash receipts, payroll, fixed assets, banking services, issuance
of Metrolink train and Foothill Transit bus passes, budget preparation, audits, financial
reporting, issuance and management of City debt and financial administration of grants.
The Finance Division is also responsible for the safety, liquidity and maximization of the yields
of the City's financial resources.
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FINANCE
City of Diamond Bar , California 75 FY 2020/21 Proposed Budget
DEPARTMENT:Administration& Support
DIVISION:Finance
ORGANIZATION #:001-4050
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES
40010 Salaries $ 419,351 $ 424,430 $ 424,430 $ 422,755
40020 Over-Time Wages 2,528 6,000 3,000 3,000
40070 City Paid Benefits 5,228 4,898 4,898 4,965
40080 Classic Member Retirement 66,440 70,563 70,563 73,999
40081 Classic Member - UAL Pmt 22,940 45,558 45,558 35,856
40083 Worker's Comp. Expense 3,372 3,375 3,375 3,375
40084 Short/Long Term Disability 2,102 2,573 2,573 2,573
40085 Medicare 6,688 6,197 6,197 6,177
40090 Benefit Allotment 71,188 67,677 67,677 67,677
TOTAL PERSONNEL $ 599,836 $ 631,271 $ 628,271 $ 620,376
SUPPLIES
41200 Operating Supplies $ 1,438 $ 2,000 $ 2,000 $ 2,500
41300 Small Tools & Equipment —1,000 500 500
TOTAL SUPPLIES $ 1,438 $ 3,000 $ 2,500 $ 3,000
OPERATING EXPENDITURES
42110 Printing $ 3,253 $ 6,000 $ 6,000 $ 6,000
42124 Technology 1,200 1,200 1,200 1,200
42128 Banking Charges 12,582 19,000 19,000 19,000
42200 Equipment Maintenance —1,000 1,000 1,000
42315 Membership & Dues 1,030 1,250 1,250 1,250
42320 Publications 865 500 —250
42325 Meetings 120 500 250 250
42330 Travel-Conferences 2,134 6,700 3,000 —
42335 Travel-Mileage & Auto Allow 3,050 3,500 3,500 3,500
42340 Education & Training 635 2,800 1,000 1,000
TOTAL OPERATING EXP $ 24,869 $ 42,450 $ 36,200 $33,450
PROFESSIONAL SERVICES
44000 Professional Services $ 82,246 $ 84,445 $ 84,220 $ 84,525
44010 Prof Svcs-Acctg & Auditing 61,096 80,650 80,600 74,200
TOTAL PROFESSIONAL SVCS $ 143,342 $ 165,095 $ 164,820 $ 158,725
DIVISION TOTAL $ 769,484 $ 841,816 $ 831,791 $ 815,551
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HUMAN RESOURCES & RISK MANAGEMENT
City of Diamond Bar , California 76 FY 2020/21 Proposed Budget
DIVISION NO. 4060
The Human Resources and Risk Management Division provides for the management of
personnel services and risk management. Primary functions include the development,
modification and management of all employee recruitment, classifications,
compensation, education/training, employee relations, employee safety, worker’s
compensation and general liability claims. The Human Resources and Risk Management
staff also act in an advisory capacity to the City Executive team on administrative matters
that impact the workforce.
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Packet Pg. 95
HUMAN RESOURCES & RISK MANAGEMENT
City of Diamond Bar , California 77 FY 2020/21 Proposed Budget
DEPARTMENT:Administration& Support
DIVISION:
HumanResources &RiskManagement
ORGANIZATION #:001-4060
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES
40010 Salaries $ 181,034 $ 283,799 $ 203,000 $ 210,359
40030 Part-Time Salaries ————
40070 City Paid Benefits 1,956 1,951 1,951 2,495
40080 Classic Member Retirement 28,900 46,111 34,000 36,434
40081 Classic Member - UAL Pmt 15,380 26,378 26,378 17,654
40083 Worker's Comp. Expense 1,448 1,658 1,658 1,662
40084 Short/Long Term Disability 1,047 1,264 1,264 1,267
40085 Medicare 2,600 4,164 3,100 4,512
40090 Benefit Allotment 32,040 33,240 33,240 33,240
40093 Benefits Administration 5,844 —3,000 3,000
TOTAL PERSONNEL $ 270,249 $ 398,565 $ 307,591 $ 310,622
SUPPLIES
41200 Operating Supplies $ 644 $ 1,500 $ 1,000 $ 1,000
41400 Promotional Supplies 1,657 1,500 1,200 750
TOTAL SUPPLIES $ 2,301 $ 3,000 $ 2,200 $ 1,750
OPERATING EXPENDITURES
42110 Printing $— $ 500 $500 $ 500
42115 Advertising 1,988 2,000 3,290 1,000
42124 Technology 1,200 1,200 1,200 1,200
42315 Membership & Dues 4,278 5,205 4,400 4,500
42320 Publications —600 200 300
42325 Meetings 1,224 2,500 1,500 1,500
42330 Travel-Conferences 545 2,500 1,800 —
42335 Travel-Mileage/Auto Allow 1,440 —1,540 1,540
42340 Education & Training 15,751 15,700 3,000 3,700
42341 Employee Tuition Reimb 4,100 3,500 1,500 —
42345 Pre-Employment Screening 10,087 8,000 7,000 4,000
42346 Misc Employee Benefits 1,399 1,500 1,500 1,500
42347 Employee Recognition Prgm.2,736 3,200 3,300 3,200
TOTAL OPERATING EXP $ 44,747 $ 46,405 $ 30,730 $22,940
PROFESSIONAL SERVICES
44000 Professional Services $ 480 $ 2,000 $ 2,000 $ 2,000
TOTAL PROFESSIONAL SVCS $ 480 $ 2,000 $ 2,000 $ 2,000
DIVISION TOTAL $ 317,777 $ 449,970 $ 342,521 $ 337,312
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Packet Pg. 96
HEALTH & SAFETY PROGRAM
City of Diamond Bar , California 78 FY 2020/21 Proposed Budget
DIVISION NO. 4065
The goal of the Health and Safety Program is to integrate wellness elements into all work
practices and conditions. In order to promote employee safety and reduce the number
of workplace injuries or illness, a Safety Committee was established as part of the Injury
Illness Prevention Program (IIPP). The Human Resources Manager is the designated Safety
Officer to oversee and implement the IIPP and the designated departmental Safety
Committee members are responsible for conducting worksite inspections, employee
training and recommending policy as well as solutions to correct safety deficiencies in the
workplace. It is the mission of the Employee Relations Committee and the Wellness Initiative
to promote a healthy work environment for the employees of the City of Diamond Bar by
creating and supporting a calendar of educational, social, and community building events
to better connect employees within the civic community and the wider community, to
nurture positive relations between all employees, and to stimulate continuous growth in
the sense of well-being of the City of Diamond Bar work force.
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HEALTH & SAFETY PROGRAM
City of Diamond Bar , California 79 FY 2020/21 Proposed Budget
DEPARTMENT:Administration& Support
DIVISION:HR - Safety Prog
ORGANIZATION #:001-4065
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
SUPPLIES
41200 Operating Supplies $ 590 $ 1,000 $800 $ 1,000
41300 Small Tools & Equipment 1,788 4,300 2,500 3,000
41400 Promotional Supplies 449 2,000 1,000 1,000
TOTAL SUPPLIES $ 2,827 $ 7,300 $ 4,300 $ 5,000
OPERATING EXPENDITURES
42320 Publications $— $ 500 $— $—
42325 Meetings 893 1,000 1,750 1,000
42340 Education & Training 832 2,500 1,500 500
42347 Employee RecognitionProgram 446 500 1,110 500
TOTAL OPERATING EXP $ 2,171 $ 4,500 $ 4,360 $ 2,000
PROFESSIONAL SERVICES
44000 Professional Services $ 4,090 $ 8,000 $500 $ 1,000
TOTAL PROFESSIONAL SVCS $ 4,090 $ 8,000 $500 $ 1,000
DIVISION TOTAL $ 9,087 $ 19,800 $ 9,160 $ 8,000
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INFORMATION SYSTEMS
City of Diamond Bar , California 80 FY 2020/21 Proposed Budget
DIVISION NO. 4070
The Information Systems Division is responsible for the management and enhancement of
the City’s information technology including the evaluation, procurement, implementation,
and maintenance of computer/network systems and software; including ongoing
technical and software support/training to all the departments of the City. The service
areas consist of: telephone & mobile systems, network services, application services,
desktop services, digital access controls/cameras, and e-government.
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INFORMATION SYSTEMS
City of Diamond Bar , California 81 FY 2020/21 Proposed Budget
DEPARTMENT:Administration& Support
DIVISION:Info Systems
ORGANIZATION #:001-4070
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES
40010 Salaries $ 427,295 $ 433,452 $ 433,452 $ 440,881
40020 Over-Time Wages 858 1,500 1,500 1,500
40070 City Paid Benefits 3,951 4,067 4,067 4,136
40080 Classic Member Retirement 57,351 61,473 61,473 64,468
40081 Classic Member - UAL Pmt 19,800 39,947 39,947 31,493
40082 PEPRA Member Retirement 4,036 3,765 3,765 4,590
40083 Worker's Comp. Expense 6,492 6,380 6,380 6,489
40084 Short/Long Term Disability 1,906 2,570 2,570 2,603
40085 Medicare 5,928 6,319 6,319 6,438
40090 Benefit Allotment 61,324 62,667 62,667 62,667
TOTAL PERSONNEL $ 588,941 $ 622,140 $ 622,140 $ 625,264
SUPPLIES
41200 Operating Supplies $ 22,323 $ 45,000 $ 42,000 $ 30,000
41300 Small Tools & Equipment 1,685 1,500 1,500 1,000
TOTAL SUPPLIES $ 24,008 $ 46,500 $ 43,500 $31,000
OPERATING EXPENDITURES
42100 Photocopying $ 9,590 $ 13,000 $ 10,000 $ 13,000
42124 Technology 2,400 2,400 2,400 2,400
42125 Telephone 75,942 65,400 65,400 65,400
42200 Equipment Maintenance 4,211 3,500 3,500 3,500
42205 Computer Maintenance 379,386 419,300 419,300 441,950
42315 Membership & Dues 1,997 2,200 2,200 2,200
42320 Publications 179 100 100 100
42325 Meetings 209 300 —300
42330 Travel-Conferences 2,654 4,200 2,600 —
42335 Travel-Mileage & Auto Allow 3,217 3,200 3,200 3,200
42340 Education & Training 1,713 2,500 500 2,500
TOTAL OPERATING EXP $ 481,498 $ 516,100 $ 509,200 $ 534,550
PROFESSIONAL SERVICES
44000 Professional Services $ 52,940 $ 51,000 $ 51,000 $ 47,500
44030 Prof Svcs-Data Processing 63,552 46,675 46,675 44,500
TOTAL PROFESSIONAL SVCS $ 116,492 $ 97,675 $ 97,675 $92,000
CONTRACT SERVICES
45000 Contract Services $ 17,910 $ 31,000 $ 31,000 $ 32,100
TOTAL CONTRACT SERVICES $ 17,910 $ 31,000 $ 31,000 $32,100
CAPITAL OUTLAY
46230 Computer Equip-Hardware $ 2,734 $— $— $—
TOTAL CAPITAL OUTLAY $ 2,734 $— $— $—
DIVISION TOTAL $ 1,231,582 $ 1,313,415 $ 1,303,515 $ 1,314,914
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CIVIC CENTER
City of Diamond Bar , California 82 FY 2020/21 Proposed Budget
DIVISION NO. 4093
The Civic Center Division has been established to account for expenditures related to the
operation of the City Hall building. This includes the budget for the utilities, maintenance
and salaries related to both City Hall and the County Library.
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CIVIC CENTER
City of Diamond Bar , California 83 FY 2020/21 Proposed Budget
DEPARTMENT:Administration& Support
DIVISION:Civic Center
ORGANIZATION #:001-4093
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES
40010 Salaries $ 82,916 $ 89,362 $ 89,362 $ 95,917
40020 Over-Time Wages 2,265 2,500 2,500 2,500
40070 City Paid Benefits 930 1,015 1,015 1,032
40080 Classic Member Retirement 9,601 10,774 10,774 12,635
40081 Classic Member - UAL Pmt 3,425 7,522 7,522 6,216
40082 PEPRA Member Retirement 1,510 1,572 1,572 1,827
40083 Worker's Comp. Expense 2,443 2,583 2,583 2,704
40084 Short/Long Term Disability 401 556 556 583
40085 Medicare 1,243 1,397 1,397 1,400
40090 Benefit Allotment 15,644 16,820 16,820 17,496
TOTAL PERSONNEL $ 120,378 $ 134,101 $ 134,101 $ 142,311
SUPPLIES
41200 Operating Supplies $ 26,329 $ 42,500 $ 42,500 $ 42,500
41300 Small Tools & Equipment 1,176 1,500 1,500 1,500
TOTAL SUPPLIES $ 27,505 $ 44,000 $ 44,000 $44,000
OPERATING EXPENDITURES
42126 Utilities 148,176 223,335 173,335 184,500
42130 Rental/Lease of Equipment —2,000 2,000 2,000
42210 Maint. of Grounds/Buildings 171,388 213,591 213,591 205,919
42315 Membership & Dues $ 19,866 $ 21,000 $ 21,000 $ 21,000
TOTAL OPERATING EXP $ 339,430 $ 459,926 $ 409,926 $ 413,419
PROFESSIONAL SERVICES
44000 Professional Services $— $ 2,500 $ 2,500 $ 2,500
TOTAL PROFESSIONAL SVCS $— $ 2,500 $ 2,500 $ 2,500
CAPITAL OUTLAY
46220 Furniture/Fixtures $ 3,112 $ 2,000 $ 2,000 $ 2,000
TOTAL CAPITAL OUTLAY $ 3,112 $ 2,000 $ 2,000 $ 2,000
DIVISION TOTAL $ 490,424 $ 642,527 $ 592,527 $ 604,230
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PUBLIC INFORMATION
City of Diamond Bar , California 84 FY 2020/21 Proposed Budget
DIVISION NO. 4095
The Public Information Division provides an ongoing program of public information, which
is designed to inform and educate community residents and business owners about the
City’s activities, programs, and policies. A variety of methods and materials are utilized to
disseminate information including the City’s monthly Community Newsletter, which
provides current news and information; the City's web site; the local government access
cable channel; local advertising; media releases and advisories; special publications; and
community events.
The Public Information Division is also responsible for the general marketing and promotion
of the City at the local, regional and national levels, and provides assistance in support of
economic development activities. The Division is also engaged in the facilitation of
programs that recognize the efforts of individuals and organizations that contribute to the
enhancement and general well being of the community.
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PUBLIC INFORMATION
City of Diamond Bar , California 85 FY 2020/21 Proposed Budget
DEPARTMENT:Administration& Support
DIVISION:PublicInformation
ORGANIZATION #:001-4095
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES
40010 Salaries $ 248,730 $ 260,325 $ 260,325 $ 256,200
40020 Overtime Wages 6,284 6,000 6,000 6,000
40070 City Paid Benefits 3,018 2,998 2,998 3,047
40080 Classic Member Retirement 39,467 42,405 42,405 44,470
40081 Classic Member - UAL Pmt 13,820 27,376 27,376 21,546
40083 Worker's Comp. Expense 5,022 5,070 5,070 5,722
40084 Short/Long Term Disability 1,320 1,546 1,546 1,546
40085 Medicare 4,015 3,801 3,801 3,741
40090 Benefit Allotment 40,469 41,676 41,676 41,676
TOTAL PERSONNEL $ 362,146 $ 391,197 $ 391,197 $ 383,948
SUPPLIES
41200 Operating Supplies $ 2,069 $ 5,000 $ 5,000 $ 5,000
41300 Small Tools & Equipment 5,985 4,750 2,250 2,000
41400 Promotional Supplies 30,389 24,500 19,500 14,500
TOTAL SUPPLIES $ 38,443 $ 34,250 $ 26,750 $21,500
OPERATING EXPENDITURES
42110 Printing $ 70,835 $ 85,000 $ 77,500 $ 73,000
42112 Photography 6,119 8,500 3,500 9,000
42115 Advertising 23,551 10,000 6,000 10,000
42120 Postage 51,866 58,200 58,200 54,200
42124 Technology 1,200 1,200 1,200 1,200
42315 Membership & Dues 1,375 1,835 1,835 1,835
42320 Publications 235 500 500 500
42325 Meetings —150 150 150
42330 Travel-Conferences 4,570 6,050 1,300 —
42335 Travel-Mileage & Auto Allow 1,440 1,540 1,540 1,540
42340 Education & Training 260 500 500 500
TOTAL OPERATING EXP $ 161,451 $ 173,475 $ 152,225 $ 151,925
PROFESSIONAL SERVICES
44000 Professional Services $ 67,240 $ 88,650 $ 78,650 $ 93,650
TOTAL PROFESSIONAL SVCS $ 67,240 $ 88,650 $ 78,650 $93,650
CONTRACT SERVICES
45000 Contract Services $ 3,948 $ 4,700 $ 4,700 $ 4,700
TOTAL CONTRACT SERVICES $ 3,948 $ 4,700 $ 4,700 $ 4,700
DIVISION TOTAL $ 633,228 $ 692,272 $ 653,522 $ 655,723
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ECONOMIC DEVELOPMENT
City of Diamond Bar , California 86 FY 2020/21 Proposed Budget
DIVISION NO. 4096
The Economic Development division assists in the development and advancement of the
local business community, and in the general promotion and marketing of the City of
Diamond Bar.
Among the functions of this division is the facilitation of programs and activities that are
designed to enhance business retention and business attraction efforts, and provide
business resource assistance for existing and potential businesses.
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ECONOMIC DEVELOPMENT
City of Diamond Bar , California 87 FY 2020/21 Proposed Budget
DEPARTMENT:Administration& Support
DIVISION:EconDevelopment
ORGANIZATION #:001-4096
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES
40010 Salaries $ 103,759 $ 100,163 $ 100,163 $ 116,323
40020 Over Time Wages 137 ———
40070 City Paid Benefits 732 703 703 862
40080 Classic Member Retirement 15,926 16,142 16,142 19,660
40081 Classic Member - UAL Pmt 5,615 10,435 10,435 9,540
40083 Worker's Comp. Expense 1,034 1,932 1,932 2,126
40084 Short/Long Term Disability 362 589 589 685
40085 Medicare 1,544 1,461 1,461 1,702
40090 Benefit Allotment 11,653 13,464 13,464 13,005
TOTAL PERSONNEL $ 140,761 $ 144,889 $ 144,889 $ 163,904
OPERATING EXPENDITURES
42315 Membership & Dues $ 5,300 $ 5,750 $ 5,750 $ 5,750
42325 Meetings $ 343 $ 2,500 $ 2,500 $ 2,500
42330 Travel - Conferences $ 779 $ 3,000 $— $—
TOTAL OPERATING EXP $ 6,422 $ 11,250 $ 8,250 $ 8,250
PROFESSIONAL SERVICES
44000 Professional Services $ 61,671 $ 105,000 $ 85,500 $ 62,500
TOTAL PROFESSIONAL SVCS $ 61,671 $ 105,000 $ 85,500 $62,500
CONTRACT SERVICES
45000 Contract Services $ 12,000 $ 12,000 $ 12,000 $ 12,000
TOTAL CONTRACT SERVICES $ 12,000 $ 12,000 $ 12,000 $12,000
DIVISION TOTAL $ 220,854 $ 273,139 $ 250,639 $ 246,654
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PUBLIC SAFETY
City of Diamond Bar , California 88 FY 2020/21 Proposed Budget
ESTIMATED EXPENDITURES SUMMARY
Organization #: 001-4411 through 001-4440
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
SUPPLIES $ 10,216 $ 27,000 $ 26,500 $ 24,500
OPERATING EXPENDITURES 20,961 46,050 41,300 28,400
PROFESSIONAL SERVICES 52 25,000 25,000 2,500
CONTRACT SERVICES 7,100,337 7,591,851 7,537,351 7,987,344
CAPITAL OUTLAY —5,000 ——
DEPARTMENT TOTAL $ 7,131,565 $ 7,694,901 $ 7,630,151 $ 8,042,744
DEPARTMENT INCLUDES:
4411 Law Enforcement $ 7,781,544
4415 Volunteer Patrol 2,000
4421 Fire Protection 7,500
4431 Animal Control 207,800
4440 Emergency Preparedness 43,900
Total Department Expenditures $ 8,042,744
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LAW ENFORCEMENT
City of Diamond Bar , California 89 FY 2020/21 Proposed Budget
DIVISION NO. 4411
The City of Diamond Bar contracts with the Los Angeles County Sheriff's Department for
law enforcement services.
General law enforcement provides an assortment of deputies to provide law enforcement
services including crime prevention and traffic enforcement, specialized suppression
patrols and undercover operations, neighborhood watch and community relations, and
the general enforcement of laws. Additionally, the law enforcement budget includes
funds for additional as-needed special operations, as-needed aero bureau patrols, the
City’s fingerprint program, and funding for the City’s Report for Reward program.
This division also includes contract services for crossing guards and the administration of
the City's parking citations. With the passage of AB408, Cities are now required to issue
and collect their own parking citations. The City is currently under contract with DataTicket,
Inc. for the administration of parking citations.
The following is a breakdown of the proposed contracted sheriff's service levels:
TYPE OF SERVICE NUMBER
General Law Units:
One-Man 56 Hour 10
One-Man 40 Hour 1
One-Man 40 Hour Non-Relief (Special Problems) 5
Community Service Assistant w/vehicle 1
Law Enforcement Technician 1
Narcotics Deputy (STAR) 1
Special Investigations As Requested
Helicopter Patrol 4 hours per month
DB Fingerprint Program As Required
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LAW ENFORCEMENT
City of Diamond Bar , California 90 FY 2020/21 Proposed Budget
DEPARTMENT:Public Safety
DIVISION:LawEnforcement
ORGANIZATION #:001-4411
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
SUPPLIES
41200 Operating Supplies $54 $ 5,000 $ 5,000 $ 2,500
41300 Small Tools & Equipment —1,000 1,000 1,000
TOTAL SUPPLIES $54 $ 6,000 $ 6,000 $ 3,500
OPERATING EXPENDITURES
42200 Equipment Maintenance $ 471 $ 1,000 $ 1,000 $ 1,000
42325 Meetings 2,477 2,500 2,500 —
42361 Criminal ApprehensionAward —2,500 2,500 2,500
42363 Public Safety Outreach 4,481 10,000 10,000 2,500
TOTAL OPERATING EXP $ 7,429 $ 16,000 $ 16,000 $ 6,000
CONTRACT SERVICES
45401 CS-Sheriff Department $ 6,575,036 $ 6,923,660 $ 6,899,160 $ 7,344,554
45402 CS-Sheriff /Special Events 137,185 247,250 247,250 203,990
45405 CS-Parking Citation Admin 27,556 30,000 30,000 30,000
45410 CS-Crossing Guard Services 172,608 186,940 156,940 193,500
TOTAL CONTRACT SERVICES $ 6,912,386 $ 7,387,850 $ 7,333,350 $ 7,772,044
DIVISION TOTAL $ 6,919,869 $ 7,409,850 $ 7,355,350 $ 7,781,544
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VOLUNTEER PATROL
City of Diamond Bar , California 91 FY 2020/21 Proposed Budget
DIVISION NO. 4415
The Community Volunteer Patrol Program was established in FY 94/95. This program is
coordinated by the Los Angeles County Sheriff's Department and provides general support
to law enforcement personnel. Diamond Bar Community Volunteer Patrol members
routinely patrol the community and are responsible for reporting any suspicious activity
and/or problems to the Sheriff's Department. In addition to their patrol activities, other
assignments performed by the Community Volunteer Patrol include vacation and business
security checks, park and special event security, graffiti watch, community relations, and
other non-hazardous duties.
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VOLUNTEER PATROL
City of Diamond Bar , California 92 FY 2020/21 Proposed Budget
DEPARTMENT:Public Safety
DIVISION:Volunteer Patrol
ORGANIZATION #:001-4415
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
SUPPLIES
41200 Operating Supplies $ 632 $ 1,000 $ 1,000 $ 1,000
TOTAL SUPPLIES $ 632 $ 1,000 $ 1,000 $ 1,000
OPERATING EXPENDITURES
42325 Meetings $ 1,775 $ 5,000 $ 4,000 $ 1,000
TOTAL OPERATING EXP $ 1,775 $ 5,000 $ 4,000 $ 1,000
DIVISION TOTAL $ 2,408 $ 6,000 $ 5,000 $ 2,000
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FIRE PROTECTION
City of Diamond Bar , California 93 FY 2020/21 Proposed Budget
DIVISION NO. 4421
The City is a part of the Consolidated Fire Protection District. The district provides fire and
emergency medical services. Upon incorporation, the City became responsible for fire
protection within the City boundaries, therefore the City assumed wildland fire protection.
This has required additional resources to be used by the Consolidated Fire Protection
District. It is a responsibility of the City to pay annually for these added costs.
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FIRE PROTECTION
City of Diamond Bar , California 94 FY 2020/21 Proposed Budget
DEPARTMENT:Public Safety
DIVISION:Fire Protection
ORGANIZATION #:001-4421
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
CONTRACT SERVICES
45404 Contract Services-Fire Dept $ 7,359 $ 7,500 $ 7,500 $ 7,500
TOTAL CONTRACT SERVICES $ 7,359 $ 7,500 $ 7,500 $ 7,500
CAPITAL OUTLAY
46250 Misc Equipment $— $ 5,000 $— $—
TOTAL CAPITAL OUTLAY $— $ 5,000 $— $—
DIVISION TOTAL $ 7,359 $ 12,500 $ 7,500 $ 7,500
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ANIMAL CONTROL
City of Diamond Bar , California 95 FY 2020/21 Proposed Budget
DIVISION NO. 4431
Animal Control provides for the care, protection, and control of animals that stray from
their homes or are abused by their owners. This service, currently under contract with the
Inland Valley Humane Society, includes enforcement of leash laws and the provision of a
shelter for homeless animals.
In addition to the services rendered by the Humane Society, the City has been called upon
to assist in the control of coyotes within the City. Additional funding has been included to
fund these activities.
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ANIMAL CONTROL
City of Diamond Bar , California 96 FY 2020/21 Proposed Budget
DEPARTMENT:Public Safety
DIVISION:Animal Control
ORGANIZATION #:001-4431
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
CONTRACT SERVICES
45403 CS - Animal Control $ 177,181 $ 189,001 $ 189,001 $ 200,300
45406 CS - Wild Animal Control 3,410 7,500 7,500 7,500
TOTAL CONTRACT SERVICES $ 180,591 $ 196,501 $ 196,501 $ 207,800
DIVISION TOTAL $ 180,591 $ 196,501 $ 196,501 $ 207,800
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EMERGENCY PREPAREDNESS
City of Diamond Bar , California 97 FY 2020/21 Proposed Budget
DIVISION NO. 4440
The preservation of life and property is an inherent responsibility of local, state and federal
governments. The City of Diamond Bar has prepared several planning and response
documents, which serve as the basis for the City's emergency organization and emergency
operations.
The primary objective is to enhance the overall capability of government to respond to
emergencies. This is accomplished by incorporating the policies, principles, concepts and
procedures contained within the City’s emergency plans into an efficient organization
capable of responding adequately in the face of any disaster.
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EMERGENCY PREPAREDNESS
City of Diamond Bar , California 98 FY 2020/21 Proposed Budget
DEPARTMENT:Public Safety
DIVISION:EmergencyPrep
ORGANIZATION #:001-4440
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
SUPPLIES
41200 Operating Supplies $ 9,529 $ 20,000 $ 19,500 $ 20,000
TOTAL SUPPLIES $ 9,529 $ 20,000 $ 19,500 $20,000
OPERATING EXPENDITURES
42125 Telephone $ 8,640 $ 8,700 $ 8,700 $ 8,800
42126 Utilities 250 4,500 500 500
42130 Rental/Lease - Equipment 945 1,000 1,000 1,000
42140 Rental/Lease - Real Property 150 150 400 400
42200 Equipment Maintenance 1,614 5,500 5,500 5,500
42315 Membership & Dues 62 3,200 3,200 3,200
42340 Education & Training 95 2,000 2,000 2,000
TOTAL OPERATING EXP $ 11,757 $ 25,050 $ 21,300 $21,400
PROFESSIONAL SERVICES
44000 Professional Services $52 $ 25,000 $ 25,000 $ 2,500
TOTAL PROFESSIONAL SVCS $52 $ 25,000 $ 25,000 $ 2,500
DIVISION TOTAL $ 21,338 $ 70,050 $ 65,800 $43,900
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COMMUNITY DEVELOPMENT
City of Diamond Bar , California 99 FY 2020/21 Proposed Budget
ESTIMATED EXPENDITURES SUMMARY
Organization #: 001-5210 through 001-5230
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES $ 982,202 $ 1,109,499 $ 1,109,499 $ 1,119,529
SUPPLIES 4,534 6,100 5,200 6,000
OPERATING EXPENDITURES 13,782 20,250 18,850 13,025
PROFESSIONAL SERVICES 2,945 12,550 9,000 9,000
CONTRACT SERVICES 774,967 951,250 697,870 589,070
DEPARTMENT TOTAL $ 1,778,430 $ 2,099,649 $ 1,840,419 $ 1,736,624
DEPARTMENT INCLUDES:
5210 Planning $ 717,112
5220 Building & Safety 700,156
5230 Neighborhood Improvement 319,357
Total Department Expenditures $ 1,736,624
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PLANNING
City of Diamond Bar , California 100 FY 2020/21 Proposed Budget
DIVISION NO. 5210
The Planning Division is responsible for the functions related to current and long-term
(“advance”) planning, and economic development.
The Planning Division prepares and updates the City’s General Plan to guide Diamond
Bar’s long-term growth and preservation of the community’s quality of life. The Division
administers and updates the zoning and subdivision ordinances, which are the primary
tools used to implement the General Plans land use and development goals, objectives
and policies. The planners provide information and assistance to the public by explaining
the City’s zoning regulations, and reviewing all land use, development and business license
applications, and performing inspections to ensure compliance with regulations and
conditions of approval. For projects requiring Planning Commission and City Council
review, the Planning Division serves as those bodies’ technical staff, and provides
recommendations based on analysis of environmental, land use compatibility and design
factors.
The Planning Division is also responsible for the development and administration of
economic development. It updates and maintains records for the general public and
coordinates projects and programs with other governmental agencies.
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PLANNING
City of Diamond Bar , California 101 FY 2020/21 Proposed Budget
DEPARTMENT:CommunityDevelopment
DIVISION:Planning
ORGANIZATION #:001-5210
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES
40010 Salaries $ 449,328 $ 467,690 $ 467,690 $ 474,333
40020 Over-Time Wages 4,372 5,000 5,000 5,000
40070 City Paid Benefits 5,164 5,162 5,162 5,198
40080 Classic Member Retirement 70,326 77,258 77,258 81,799
40081 Classic Member - UAL Pmt 24,047 49,882 49,882 39,638
40083 Worker's Comp. Expense 8,087 8,396 8,396 8,485
40084 Short/Long Term Disability 2,177 2,817 2,817 2,845
40085 Medicare 6,780 6,897 6,897 6,937
40090 Benefit Allotment 70,596 72,876 72,876 72,876
TOTAL PERSONNEL $ 640,877 $ 695,978 $ 695,978 $ 697,112
SUPPLIES
41200 Operating Supplies $ 2,627 $ 2,400 $ 2,500 $ 2,500
TOTAL SUPPLIES $ 2,627 $ 2,400 $ 2,500 $ 2,500
OPERATING EXPENDITURES
42110 Printing $— $ 500 $500 $ 500
42115 Advertising —1,000 500 1,000
42120 Postage 178 200 300 300
42124 Technology 1,200 1,200 1,200 1,200
42315 Membership & Dues 1,504 1,800 1,800 1,800
42320 Publications 413 800 500 —
42325 Meetings —200 200 200
42330 Travel-Conferences 2,467 4,000 4,000 —
42335 Travel-Mileage & Auto Allow 3,000 3,200 3,200 3,200
42340 Education & Training —300 300 300
TOTAL OPERATING EXP $ 8,762 $ 13,200 $ 12,500 $ 8,500
PROFESSIONAL SERVICES
44000 Professional Services $ 475 $ 5,550 $ 2,000 $ 2,000
44100 Commission Compensation 2,470 4,000 4,000 4,000
44240 Prof Services - Environmental —3,000 3,000 3,000
TOTAL PROFESSIONAL SVCS $ 2,945 $ 12,550 $ 9,000 $ 9,000
DIVISION TOTAL $ 655,211 $ 724,128 $ 719,978 $ 717,112
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BUILDING & SAFETY
City of Diamond Bar , California 102 FY 2020/21 Proposed Budget
DIVISION NO. 5220
The Building and Safety Division is responsible for the protection of public health and safety
through the enforcement of Building Codes and other related codes. This Division provides
for Building and Safety plan check, permit issuance, and inspection services. Much of the
plan check and inspections are provided through contract services.
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BUILDING & SAFETY
City of Diamond Bar , California 103 FY 2020/21 Proposed Budget
DEPARTMENT:CommunityDevelopment
DIVISION:Building &Safety
ORGANIZATION #:001-5220
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES
40010 Salaries $ 91,558 $ 109,603 $ 109,603 $ 109,978
40020 Over-Time Wages 67 250 250 250
40070 City Paid Benefits 795 864 864 875
40080 Classic Member Retirement 14,294 17,727 17,727 18,591
40081 Classic Member - UAL Pmt 4,835 11,441 11,441 9,004
40083 Worker's Comp. Expense 1,052 1,171 1,171 1,171
40084 Short/Long Term Disability 422 646 646 646
40085 Medicare 1,240 1,596 1,596 1,611
40090 Benefit Allotment 16,730 18,960 18,960 18,960
TOTAL PERSONNEL $ 130,992 $ 162,258 $ 162,258 $ 161,086
SUPPLIES
41200 Operating Supplies $ 916 $ 2,500 $ 1,500 $ 2,000
TOTAL SUPPLIES $ 916 $ 2,500 $ 1,500 $ 2,000
OPERATING EXPENDITURES
42110 Printing $— $ 500 $— $—
42128 Banking Charges 700 1,000 1,000 1,000
42340 Education & Training 377 500 500 —
TOTAL OPERATING EXP $ 1,077 $ 2,000 $ 1,500 $ 1,000
CONTRACT SERVICES
45201 CS-Building & Safety $ 718,352 $ 900,950 $ 639,570 $ 536,070
TOTAL CONTRACT SERVICES $ 718,352 $ 900,950 $ 639,570 $ 536,070
DIVISION TOTAL $ 851,337 $ 1,067,708 $ 804,828 $ 700,156
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NEIGHBORHOOD IMPROVEMENT
City of Diamond Bar , California 104 FY 2020/21 Proposed Budget
DIVISION NO. 5230
The City’s Neighborhood Improvement Officers work proactively to investigate Municipal
Code violations and in response to complaints filed by concerned residents, business
operators or property owners. The Diamond Bar Municipal Code is based on high standards
set by the residents and business owners to ensure an attractive and well-maintained
community. It is the responsibility of the Neighborhood Improvement Officers to make sure
the community conforms to the standards set by the code.
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NEIGHBORHOOD IMPROVEMENT
City of Diamond Bar , California 105 FY 2020/21 Proposed Budget
DEPARTMENT:CommunityDevelopment
DIVISION:NeighborhoodImprovement
ORGANIZATION #:001-5230
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES
40010 Salaries $ 144,450 $ 174,626 $ 174,626 $ 183,060
40020 Over-Time Wages 4,064 5,000 5,000 5,000
40070 City Paid Benefits 2,199 2,727 2,727 2,591
40080 Classic Member Retirement 7,738 8,817 8,817 9,236
40081 Classic Member - UAL Pmt 6,480 6,223 6,223 4,996
40082 PEPRA Member Retirement 6,676 8,390 8,390 10,098
40083 Worker's Comp. Expense 2,787 3,143 3,143 3,351
40084 Short/Long Term Disability 695 1,051 1,051 1,114
40085 Medicare 2,627 2,598 2,598 3,198
40090 Benefit Allotment 32,617 38,688 38,688 38,688
TOTAL PERSONNEL $ 210,333 $ 251,263 $ 251,263 $ 261,332
SUPPLIES
41200 Operating Supplies $ 991 $ 1,200 $ 1,200 $ 1,500
TOTAL SUPPLIES $ 991 $ 1,200 $ 1,200 $ 1,500
OPERATING EXPENDITURES
42110 Printing $ 902 $ 2,000 $ 2,000 $ 2,000
42315 Membership & Dues 190 600 400 425
42325 Meetings 127 200 200 300
42330 Travel-Conferences 1,955 1,500 1,500 —
42335 Travel-Mileage and Auto —50 50 50
42340 Education & Training 768 700 700 750
TOTAL OPERATING EXP $ 3,943 $ 5,050 $ 4,850 $ 3,525
CONTRACT SERVICES
45213 CS-Code Enforcement $ 20,315 $ 8,000 $ 8,000 $ 9,000
45214 CS - Property Abatement —5,000 13,000 5,000
45520 CS-Graffiti Removal 36,300 37,300 37,300 39,000
TOTAL CONTRACT SERVICES $ 56,615 $ 50,300 $ 58,300 $53,000
DIVISION TOTAL $ 271,882 $ 307,813 $ 315,613 $ 319,357
3.1.a
Packet Pg. 124
PARKS & RECREATION
City of Diamond Bar , California 106 FY 2020/21 Proposed Budget
ESTIMATED EXPENDITURES SUMMARY
Organization #: 001-5333 through 001-5350
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES $ 2,048,054 $ 2,231,704 $ 2,164,830 $ 2,156,308
SUPPLIES 131,451 147,758 120,438 116,097
OPERATING EXPENDITURES 400,198 442,945 410,882 398,408
PROFESSIONAL SERVICES 22,908 27,450 22,450 22,600
CONTRACT SERVICES 470,183 556,040 467,890 483,679
CAPITAL OUTLEY 12,924 22,500 22,500 27,500
DEPARTMENT TOTAL $ 3,085,718 $ 3,428,397 $ 3,208,990 $ 3,204,592
DEPARTMENT INCLUDES:
5333 Diamond Bar Center 1,457,081
5350 Recreation 1,747,511
Total Department Expenditures $ 3,204,592
3.1.a
Packet Pg. 125
PARKS & RECREATION
City of Diamond Bar , California 107 FY 2020/21 Proposed Budget
DIVISION NOS. 5333-5350
The Parks & Recreation Department administers the City's community recreation
program, including community events, enrichment programs, athletics, excursions,
activities, and facilities for residents of all ages. The Parks & Recreation Department also
oversees the operation of the Diamond Bar Center, a facility offering public programs
and private meeting and event space.
3.1.a
Packet Pg. 126
DIAMOND BAR CENTER OPERATIONS
City of Diamond Bar , California 108 FY 2020/21 Proposed Budget
DEPARTMENT:Parks &Recreation
DIVISION:D-Bar Center
ORGANIZATION #:001-5333
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES
40010 Salaries $ 274,332 $ 315,724 $ 315,724 $ 333,478
40020 Over-Time Wages 4,839 6,000 6,000 5,850
40030 Part-Time Salaries 367,478 390,500 366,000 366,000
40070 City Paid Benefits 3,537 3,913 3,913 3,966
40080 Classic Member Retirement 29,215 33,787 33,787 38,035
40081 Classic Member - UAL Pmt 11,710 22,767 22,767 18,890
40082 PEPRA Member Retirement 6,441 7,697 7,697 8,943
40083 Worker's Comp. Expense 17,282 8,141 17,700 18,046
40084 Short/Long Term Disability 1,444 1,928 1,928 2,025
40085 Medicare 10,006 10,482 10,482 10,713
40087 Social Security 22,394 6,100 4,600 —
40090 Benefit Allotment 59,578 61,586 61,586 62,262
TOTAL PERSONNEL $ 808,255 $ 868,625 $ 852,184 $ 868,206
SUPPLIES
41200 Operating Supplies $ 34,944 $ 35,013 $ 33,000 $ 35,200
41300 Small Tools & Equipment 350 2,000 2,000 2,000
TOTAL SUPPLIES $ 35,294 $ 37,013 $ 35,000 $ 37,200
OPERATING EXPENDITURES
42110 Printing $ 15,639 $ 16,400 $ 10,500 $ 21,400
42115 Advertising 12,785 30,000 30,000 30,000
42124 Technology 1,150 1,800 1,800 1,800
42126 Utilities 86,844 107,625 107,625 113,006
42130 Rental/Lease - Equipment 4,862 4,500 4,500 4,500
42141 Rental/Lease - Exhibit Space 945 2,500 2,500 2,500
42200 Equipment Maintenance 14,761 34,100 32,100 35,590
42210 Maint. of Grounds/Buildings 61,117 82,510 80,510 83,000
42330 Travel - Conferences 168 2,500 2,500 —
42335 Travel - Mileage & Auto All 1,375 1,500 1,500 1,500
TOTAL OPERATING EXP $ 199,645 $ 283,435 $ 273,535 $ 293,296
PROFESSIONAL SERVICES
44000 Professional Services $ 20,558 $ 19,500 $ 14,500 $ 20,250
TOTAL PROFESSIONAL SVCS $ 20,558 $ 19,500 $ 14,500 $ 20,250
CONTRACT SERVICES
45010 CS-Security $ 44,429 $ 53,000 $ 38,000 $ 55,000
45300 CS-Parks & Recreation 111,736 152,090 149,590 155,629
TOTAL CONTRACT SERVICES $ 156,164 $ 205,090 $ 187,590 $ 210,629
3.1.a
Packet Pg. 127
DIAMOND BAR CENTER OPERATIONS
City of Diamond Bar , California 109 FY 2020/21 Proposed Budget
CAPITAL OUTLAY
46250 Misc Equipment $ 9,675 $ 22,500 $ 22,500 $ 27,500
46410 Capital Improvements 3,249 ———
TOTAL CAPITAL OUTLAY $ 12,924 $ 22,500 $ 22,500 $ 27,500
DIVISION TOTAL $ 1,232,841 $ 1,436,163 $ 1,385,309 $ 1,457,081
3.1.a
Packet Pg. 128
RECREATION
City of Diamond Bar , California 110 FY 2020/21 Proposed Budget
DEPARTMENT:Parks &Recreation
DIVISION:Recreation
ORGANIZATION #:001-5350
FY 18/19 Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES
40010 Salaries $563,011 $618,551 $618,551 $592,636
40020 Over-Time Wages 9,022 10,300 9,900 6,250
40030 Part-Time Salaries 343,250 382,775 325,524 337,455
40070 City Paid Benefits 8,993 9,996 9,996 10,523
40080 Classic Member Retirement 73,284 79,480 79,480 84,467
40081 Classic Member - UAL Pmt 21,865 52,061 52,061 41,578
40082 PEPRA Member Retirement 11,993 13,175 13,175 14,297
40083 Worker's Comp. Expense 20,593 14,782 22,000 25,088
40084 Short/Long Term Disability 3,403 4,039 4,039 4,053
40085 Medicare 14,819 15,500 15,500 15,335
40087 Social Security 17,441 6,000 6,000 —
40090 Benefit Allotment 152,125 156,420 156,420 156,420
TOTAL PERSONNEL $ 1,239,799 $ 1,363,079 $ 1,312,646 $1,288,102
SUPPLIES
41200 Operating Supplies $96,157 $110,745 $85,438 $78,897
TOTAL SUPPLIES $96,157 $ 110,745 $85,438 $78,897
OPERATING EXPENDITURES
42110 Printing $12,435 $22,400 $21,937 $15,362
42115 Advertising —5,000 5,000 5,000
42124 Technology Allowance 550 1,200 1,200 1,200
42128 Banking Charges 30,298 5,000 5,000 5,000
42130 Rental/Lease of Equipment 43,593 19,600 19,600 4,300
42140 Rental/Lease of Real Property 32,410 47,500 41,300 47,300
42145 Rental/Lease Rides & Attractions 29,250 ———
42315 Membership & Dues 2,675 3,660 3,660 3,800
42320 Publications —100 100 100
42325 Meetings 2,014 2,000 2,000 2,000
42330 Travel - Conferences 6,697 3,000 3,000 —
42335 Travel - Mileage & Auto Allowance 1,375 1,500 1,500 1,500
42340 Education & Training 1,844 3,000 1,000 2,000
42410 Admissions-Youth Activities 37,413 45,550 32,050 17,550
TOTAL OPERATING EXP $ 200,553 $ 159,510 $137,347 $ 105,112
PROFESSIONAL SERVICES
44000 Professional Service $550 $5,250 $5,250 $950
44100 Commission Compensation $1,800 $2,700 $2,700 $1,400
TOTAL PROFESSIONAL SVCS $2,350 $7,950 $7,950 $2,350
CONTRACT SERVICES
45300 CS-Parks & Recreation $157,579 $150,950 $134,300 $75,050
45305 CS-Concerts in the Park 3,200 ———
45310 CS-Excursions 9,453 17,000 14,500 15,000
45320 CS-Contract Classes 131,841 158,000 106,500 158,000
45402 CS-Sheriff's Dept Special Events 11,947 25,000 25,000 25,000
TOTAL CONTRACT SERVICES $ 314,019 $ 350,950 $280,300 $ 273,050
DIVISION TOTAL $ 1,852,877 $ 1,992,234 $ 1,823,681 $1,747,511
3.1.a
Packet Pg. 129
PUBLIC WORKS
City of Diamond Bar , California 111 FY 2020/21 Proposed Budget
DIVISION NOS. 5510-5558
The Public Works Department is committed to providing for the efficient operation of public
works systems and programs. The vital services include: planning, designing, constructing,
and monitoring the City’s roadways and sidewalk infrastructure as well as sewer and storm
drain systems; overseeing traffic management/control systems and traffic signal timing
programs; maintaining and repairing all City buildings and fleet of vehicles and equipment;
maintaining public parks/public property and Landscape Assessment Districts’ medians,
parkways, mini parks, slopes, and open space; managing the engineering design and
construction of the City’s robust capital improvements program; reviewing/planning and
permitting land development activities and subdivisions; and managing environmental
programs such as the National Pollutant Discharge Elimination System (NPDES). The
Department budget consists of Public Works Administration, Engineering, Road
Maintenance, Parks and Facilities Maintenance, and Landscape Maintenance. Public
Works is also actively involved in representing community’s interests on significant regional
issues, such as storm water and transportation.
Together, these programs provide a wide variety of vital services to Diamond Bar. The
Department is committed to providing high-quality professional services to the community
and works diligently to ensure that our infrastructure and facilities are well-designed,
engineered and constructed properly, and maintained and/or modified in professional
and safe conditions.
3.1.a
Packet Pg. 130
PUBLIC WORKS
City of Diamond Bar , California 112 FY 2020/21 Proposed Budget
ESTIMATED EXPENDITURES SUMMARY
Organization #: 001-5510 through 001-5558
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES $ 1,339,442 $ 1,362,617 $ 1,362,617 $ 1,471,069
SUPPLIES 68,788 111,700 111,700 111,700
OPERATING EXPENDITURES 461,679 695,144 635,144 635,587
PROFESSIONAL SERVICES 159,980 228,475 224,475 141,100
CONTRACT SERVICES 2,376,045 2,750,160 2,690,861 2,108,856
CAPITAL OUTLAY 107,164 45,000 45,000 15,000
DEPARTMENT TOTAL $ 4,513,098 $ 5,193,096 $ 5,069,797 $ 4,483,312
DEPARTMENT INCLUDES:
5510 Public Works Administration $ 610,322
5551 Engineering 509,786
5554 Road Maintenance 1,593,435
5556 Parks & Facilities Maintenance 1,459,205
5558 Landscape Maintenance 310,563
Total Department Expenditures $ 4,483,312
3.1.a
Packet Pg. 131
PUBLIC WORKS ADMINISTRATION
City of Diamond Bar , California 113 FY 2020/21 Proposed Budget
DEPARTMENT:Public Works
DIVISION:Public WorksAdministration
ORGANIZATION #:001-5510
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES
40010 Salaries $ 299,833 $ 258,120 $ 258,120 $ 288,802
40020 Over-Time Wages 495 500 500 500
40070 City Paid Benefits 2,905 3,077 3,077 3,200
40080 Classic Member Retirement 40,721 37,972 37,972 42,700
40081 Classic Member - UAL Pmt 16,135 29,791 29,791 20,862
40082 PEPRA Member Retirement 1,773 1,542 1,542 3,143
40083 Worker's Comp. Expense 5,376 4,480 4,480 5,149
40084 Short/Long Term Disability 1,387 1,811 1,811 1,732
40085 Medicare 4,385 4,405 4,405 4,218
40090 Benefit Allotment 41,389 36,792 36,792 42,675
TOTAL PERSONNEL $ 414,399 $ 378,490 $ 378,490 $ 412,982
SUPPLIES
41200 Operating Supplies $ 1,243 $ 4,500 $4,500 $ 4,500
41300 Small Tools & Equipment —500 500 500
TOTAL SUPPLIES $ 1,243 $ 5,000 $5,000 $ 5,000
OPERATING EXPENDITURES
42110 Printing $562 $ 4,000 $4,000 $ 3,000
42115 Advertising —8,000 8,000 4,000
42124 Technology 1,600 1,800 1,800 1,800
42315 Membership & Dues 373 2,000 2,000 2,000
42320 Publications 289 1,500 1,500 1,500
42325 Meetings 153 500 500 500
42330 Travel-Conferences 165 4,000 4,000 1,000
42335 Travel-Mileage & Auto Allow 3,000 4,440 4,440 4,440
42340 Education & Training 2,751 3,000 3,000 3,000
TOTAL OPERATING EXP $ 8,893 $ 29,240 $ 29,240 $ 21,240
PROFESSIONAL SERVICES
44000 Professional Services $525 $ 2,475 $2,475 $ 1,500
44100 Commissioner Compensation 1,305 3,000 3,000 1,600
44240 Prof Svcs-Environmental 158,150 223,000 219,000 138,000
TOTAL PROFESSIONAL SVCS $ 159,980 $ 228,475 $ 224,475 $ 141,100
CONTRACT SERVICES
45530 CS - Industrial Waste 30,659 30,000 30,000 30,000
TOTAL CONTRACT SERVICES $ 30,659 $ 30,000 $ 30,000 $ 30,000
DIVISION TOTAL $ 615,173 $ 671,205 $ 667,205 $ 610,322
3.1.a
Packet Pg. 132
ENGINEERING
City of Diamond Bar , California 114 FY 2020/21 Proposed Budget
DEPARTMENT:Public Works
DIVISION:Engineering
ORGANIZATION #:001-5551
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES
40010 Salaries $ 142,923 $ 140,204 $ 140,204 $ 159,100
40020 Over-time Wages 920 1,500 1,500 1,500
40070 City Paid Benefits 1,497 1,861 1,861 2,025
40080 Classic Member Retirement 13,647 19,476 19,476 20,716
40081 Classic Member - UAL Pmt 10,465 14,024 14,024 10,200
40082 PEPRA Member Retirement 3,250 1,542 1,542 3,143
40083 Worker's Comp. Expense 2,714 2,849 2,849 3,253
40084 Short/Long Term Disability 673 921 921 967
40085 Medicare 2,161 2,238 2,238 2,324
40090 Benefit Allotment 21,372 26,173 26,173 28,056
TOTAL PERSONNEL $ 199,623 $ 210,788 $ 210,788 $ 231,286
OPERATING EXPENDITURES
42315 Membership & Dues $ 1,261 $ 1,800 $1,800 $—
42325 Meetings 363 750 750 —
42330 Travel-Conferences —500 500 —
42335 Travel-Mileage & Auto Allow —200 200 —
42340 Education & Training 695 1,000 1,000 —
TOTAL OPERATING EXP $ 2,319 $ 4,250 $4,250 $—
CONTRACT SERVICES
45221 CS - Engineering $ 279,532 $ 369,864 $ 365,864 $ 77,500
45222 CS - Traffic 135,833 365,000 347,000 153,000
45223 CS - Plan Checking 12,484 52,375 50,875 20,000
45224 CS - Soils 29,948 28,629 20,629 14,000
45226 CS - Surveying 6,837 10,000 3,000 4,000
45227 CS - Inspection 4,707 24,102 23,102 10,000
TOTAL CONTRACT SERVICES $ 469,342 $ 849,969 $ 810,470 $ 278,500
DIVISION TOTAL $ 671,284 $ 1,065,007 $ 1,025,508 $ 509,786
3.1.a
Packet Pg. 133
ROAD MAINTENANCE
City of Diamond Bar , California 115 FY 2020/21 Proposed Budget
DEPARTMENT:Public Works
DIVISION:RoadMaintenance
ORGANIZATION #:001-5554
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES
40010 Salaries $ 233,167 $ 258,493 $ 258,493 $ 267,450
40020 Over-Time Wages 3,192 3,500 3,500 3,500
40070 City Paid Benefits 3,031 3,457 3,457 3,568
40080 Classic Member Retirement 30,550 38,019 38,019 29,554
40081 Classic Member - UAL Pmt 13,720 25,540 25,540 14,677
40082 PEPRA Member Retirement 2,728 1,692 1,692 7,118
40083 Worker's Comp. Expense 6,693 7,316 7,316 7,300
40084 Short/Long Term Disability 1,294 1,584 1,584 1,586
40085 Medicare 3,484 3,939 3,939 3,919
40090 Benefit Allotment 47,745 51,788 51,788 54,264
TOTAL PERSONNEL $ 345,605 $ 395,328 $ 395,328 $ 392,935
SUPPLIES
41200 Operating Supplies $672 $ 1,000 $1,000 $ 1,000
41250 Road Maintenance Supplies 51,291 50,000 50,000 50,000
41300 Small Tools & Equipment 2,659 10,000 10,000 10,000
TOTAL SUPPLIES $ 54,621 $ 61,000 $ 61,000 $ 61,000
OPERATING EXPENDITURES
42126 Utilities $ 75,014 $ 90,000 $ 90,000 $ 94,500
42130 Rental/Lease of Equip $696 $ 4,000 $4,000 $ 4,000
42200 Equipment Maintenance 636 6,000 6,000 6,000
42310 Fuel 8 ———
42127 Late Fees Paid 42 ———
TOTAL OPERATING EXP $ 76,395 $ 100,000 $ 100,000 $ 104,500
CONTRACT SERVICES
45501 CS-Street Sweeping $ 176,489 $ 180,000 $ 180,000 $ 210,000
45502 CS-Road Maintenance 224,528 214,800 195,000 340,000
45504 CS-Sidewalk Insp & Repair 241,096 270,000 270,000 130,000
45506 CS-Striping & Signing 58,327 50,000 50,000 50,000
45507 CS-Traffic Signal Maintenance 241,638 90,000 90,000 90,000
45508 CS - Vegetation Control 137,835 130,000 130,000 130,000
45512 CS-Storm Drainage 15,187 35,000 35,000 35,000
45522 CS-Right of Way Maintenance 11,621 50,000 50,000 50,000
TOTAL CONTRACT SERVICES $ 1,106,720 $ 1,019,800 $ 1,000,000 $ 1,035,000
DIVISION TOTAL $ 1,583,341 $ 1,576,128 $ 1,556,328 $ 1,593,435
3.1.a
Packet Pg. 134
PARKS & FACILITIES MAINTENANCE
City of Diamond Bar , California 116 FY 2020/21 Proposed Budget
DEPARTMENT:Public Works
DIVISION:Parks & FacilityMaintenance
ORGANIZATION #:001-5556
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
PERSONNEL SERVICES
40010 Salaries $ 230,483 $ 220,289 $ 220,289 $ 263,858
40020 Over-Time Wages 9,507 8,000 8,000 8,000
40030 Part-Time Salaries 31,876 36,941 36,941 35,034
40070 City Paid Benefits 3,060 2,805 2,805 3,116
40080 Classic Member Retirement 30,651 33,463 33,463 38,469
40081 Classic Member - UAL Pmt 10,710 22,122 22,122 18,790
40082 PEPRA Member Retirement 2,455 964 964 3,089
40083 Worker's Comp. Expense 6,521 6,019 6,019 7,157
40084 Short/Long Term Disability 1,177 1,330 1,330 1,580
40085 Medicare 4,111 3,933 3,933 4,363
40087 Social Security 1,937 575 575 575
40090 Benefit Allotment 47,326 41,570 41,570 49,833
TOTAL PERSONNEL $ 379,815 $ 378,011 $ 378,011 $ 433,865
SUPPLIES
41200 Operating Supplies $ 9,496 $ 40,700 $ 40,700 $ 40,700
41300 Small Tools & Equipment 3,428 5,000 5,000 5,000
TOTAL SUPPLIES $ 12,924 $ 45,700 $ 45,700 $ 45,700
OPERATING EXPENDITURES
42125 Telephone $(8) $— $— $—
42126 Utilities 264,794 368,754 308,754 327,197
42127 Late Fee Paid 83.68 ———
42130 Rental/Lease of Equipment 5841.59 7,500 7,500 7,500
42203 Vehicle Maintenance 263.08 ———
42210 Maint. of Grounds/Bldgs 102,647 178,950 178,950 168,700
42315 Membership & Dues ———1,450
42330 Travel-Conferences 450 6,450 6,450 5,000
TOTAL OPERATING EXP $ 374,071 $ 561,654 $ 501,654 $ 509,847
CONTRACT SERVICES
45300 CS-Park & Facility Maint $ 426,564 $ 441,678 $ 441,678 $ 454,793
TOTAL CONTRACT SERVICES $ 426,564 $ 441,678 $ 441,678 $ 454,793
CAPITAL OUTLAY
46250 Misc Equipment $ 107,164 $ 45,000 $ 45,000 $ 15,000
46305 Real Estate Acquisition $— $— $— $—
TOTAL CAPITAL OUTLAY $ 107,164 $ 45,000 $ 45,000 $ 15,000
DIVISION TOTAL $ 1,300,538 $ 1,472,043 $ 1,412,043 $ 1,459,205
3.1.a
Packet Pg. 135
LANDSCAPE MAINTENANCE
City of Diamond Bar , California 117 FY 2020/21 Proposed Budget
DEPARTMENT:Public Works
DIVISION:LandscapeMaintenance
ORGANIZATION #:001-5558
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
CONTRACT SERVICES
45500 CS - Public Works $ 49,999 $ 35,000 $ 35,000 $—
45503 CS - Parkway Maintenance 29,196 32,400 32,400 35,100
45509 CS - Tree Maintenance 250,306 317,789 317,789 251,939
45510 CS - Tree Watering 13,260 23,524 23,524 23,524
TOTAL CONTRACT SERVICES $ 342,761 $ 408,713 $ 408,713 $ 310,563
DIVISION TOTAL $ 342,761 $ 408,713 $ 408,713 $ 310,563
3.1.a
Packet Pg. 136
TRANSFERS OUT
City of Diamond Bar , California 118 FY 2020/21 Proposed Budget
DEPARTMENT:Transfers-Out
DIVISION:Transfers-Out
ORGANIZATION #:001-9915
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
OPERATING TRANSFER OUT
49011 Transfer Out-Com Orgnztn Fd $ 10,550 $ 20,000 $ 20,000 $ 20,000
49015 Transfer Out - Gen Plan ——117,438 —
49025 Transfer Out - COVID-19 Fund ——135,650 —
49134 Transfer Out - Tres HermanosFund 54,796 70,000 70,000 38,000
49163 Transfer Out - Haz Elim GrantPgm ———15,000
49370 Transfer Out-Debt Service Fd 857,942 860,706 860,206 867,006
49510 Transfer Out-Self Ins Fund 400,435 487,451 486,451 504,500
49520 Transfer Out - Vehicle Replace ———172,150
49530 Transfer Out-Equip Replcmt 1,169,870 109,000 183,176 91,150
49540 Transfer Out-Bldg Maint ———200,000
TOTAL OPERATING TRANSFERS $ 2,493,593 $ 1,547,157 $ 1,872,921 $ 1,907,806
USES OF FUND BALANCE RESERVES
49138 Transfer Out-LLAD #38 —35,512 35,512 208,923
49139 Transfer Out-LLAD #39 178,436 175,072 175,072 80,984
49141 Transfer Out-LLAD #41 102,155 156,213 156,213 142,824
49250 Transfer Out-CIP Fund 1,052,619 968,839 888,839 —
TOTAL USE OF RESERVES $ 1,333,210 $ 1,335,636 $ 1,255,636 $ 432,731
TOTAL TRANSFERS OUT $ 3,826,803 $ 2,882,793 $ 3,128,557 $ 2,340,537
3.1.a
Packet Pg. 137
PERSONNEL SUMMARY
City of Diamond Bar , California 119 FY 2020/21 Proposed Budget
Budget FY 2018/19 Budget FY 2019/20 Budget FY 2020/21
Department
Full Part
Total
Full Part
Total
Full Part
Total % of TotalTime Time*Time Time*Time Time*
City Manager's Office 10.00 0.43 10.43 10.00 0.43 10.43 10.00 — 10.00 12%
CommunityDevelopment 8.00 0.43 8.43 8.00 0.43 8.43 8.00 0.25 8.25 10%
Finance 5.00 — 5 5.00 — 5.00 5.00 0.51 5.51 7%
Information Systems 4.00 — 4 4.00 — 4.00 4.00 — 4.00 5%
Parks and Recreation 11.00 28.00 39.00 11.00 28.44 39.44 11.00 24.68 35.68 43%
Public Information 3.00 — 3 3.00 — 3.00 3.00 0.25 3.25 4%
Public Works 15.00 1.33 16.33 15.00 1.33 16.33 15.00 1.15 16.15 19%
Total 56.00 30.19 86.19 56.00 30.63 86.63 56.00 26.08 82.84 100%
* Part-time staff hours are converted to full-time equivalencies (FTEs) - one FTE equals 40 hours per week,52 weeks per year.
3.1.a
Packet Pg. 138
FULL-TIME BENEFITTED PERSONNEL SUMMARY
City of Diamond Bar , California 120 FY 2020/21 Proposed Budget
Fiscal Year 2020 - 2021
CITY MANAGER'S OFFICE
Job Title Authorized Funded
City Manager 1 1
Assistant City Manager 1 1
City Clerk 1 1
Administrative Assistant 1 1
Senior Office Specialist 1 1
Human Resources & Risk Manager 1 1
Human Resources Technician 1 1
Assistant to the City Manager 1 1
Management Analyst/Senior MA 2 2
Total:10 10
PUBLIC INFORMATION
Job Title Authorized Funded
Public Information Manager 1 1
Public Information Coordinator 1 1
Media Specialist 1 1
Total:3 3
PARKS AND RECREATION
Job Title Authorized Funded
Parks and Recreation Director 1 1
Administrative Assistant 1 1
Recreation Supervisor 2 2
Recreation Coordinator 2 2
Recreation Specialist 4 4
Recreation Superintendent 1 1
Total:11 11
FINANCE
Job Title Authorized Funded
Finance Director 1 1
Senior Accountant 1 1
Accountant 1 1
Accounting Technician 2 2
Total:5 5
3.1.a
Packet Pg. 139
FULL-TIME BENEFITTED PERSONNEL SUMMARY
City of Diamond Bar , California 121 FY 2020/21 Proposed Budget
INFORMATION SYSTEMS
Job Title Authorized Funded
Information Systems Director 1 1
Network Systems Administrator 1 1
Information Systems Analyst 1 1
Network/Systems Technician 1 1
Total:4 4
COMMUNITY DEVELOPMENT
Job Title Authorized Funded
Community Development Director 1 1
Administrative Coordinator 1 1
Senior Planner 1 1
Assistant/Associate Planner 2 2
Permit Services Coordinator 1 1
Neighborhood Improvement Officer/Senior NIO 2 2
Total:8 8
PUBLIC WORKS
Job Title Authorized Funded
Public Works Director 1 1
Public Works Manager/Assistant City Engineer 1 1
Administrative Coordinator 2 2
Assistant/Associate Engineer 2 2
Engineering Technician 1 1
Public Works Inspector 1 1
Street Maintenance Superintendent 1 1
Maintenance Worker/Senior MW 3 3
Parks Maintenance Superintendent 1 1
Facilities Maintenance Supervisor 2 2
Total:15 15
Total Full-Time Benefitted Positions:56 56
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PART-TIME BENEFITTED PERSONNEL SUMMARY
City of Diamond Bar , California 122 FY 2020/21 Proposed Budget
Fiscal Year 2020 - 2021
PARKS AND RECREATION
Job Title Authorized Funded
Pre-School Teacher 1 1
Assistant Pre-School Teacher 1 1
Total:2 2
Total Part-Time Benefitted Positions:2 2
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PART-TIME NON-BENEFITTED PERSONNEL SUMMARY
City of Diamond Bar , California 123 FY 2020/21 Proposed Budget
Fiscal Year 2020 - 2021
COMMUNITY DEVELOPMENT DEPARTMENT
Job Title Hours Authorized FTE *
Administrative Intern **540 0.26
Total:540 0.26
FINANCE
Job Title Hours Authorized FTE*
Administrative Intern **1,080 0.52
Total:1,080 0.52
PARKS AND RECREATION
Job Title Hours Authorized FTE *
Facility Attendant I 10,470 5.03
Facility Attendant II 9,300 4.47
Recreation Leader I/II/III 29,660 14.26
Recreation Specialist 1,920 0.92
Total:51,350 24.68
PUBLIC INFORMATION
Job Title Hours Authorized FTE *
Administrative Intern **540 0.26
Total:540 0.26
PUBLIC WORKS
Job Title Hours Authorized FTE *
Administrative Intern **540 0.26
Maintenance Worker I/II 1,872 0.90
Total:2,412 1.16
Total Part-Time Non-Benefitted Positions:55,922 26.89
* Part-time staff hours are converted to full-time equivalencies (FTEs) - one FTE equals 40 hours per week, 52 weeks per year.
** Although Administrative Interns are assigned to various departments based upon the needs of the organization, these positions are budgeted out of the City Manger/City Clerk's Office budget.
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3.1.a
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COMMUNITY ORGANIZATION SUPPORT FUND
City of Diamond Bar , California 125 FY 2020/21 Proposed Budget
FUND TYPE:General Fund
FUNCTION:
CommunityOrganizationSupport
FUND #011
FUND DESCRIPTION:
This fund was established in FY 97-98 to account for transfers and expenditures related to the City Council's policy to support various non profit community organizations which are of a benefit to the City. The City has continued this program to show their ever increasing interest and support of the City's non profit community organizations.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $— $— $— $—
39001 Transfer-in General Fund 10,550 20,000 20,000 20,000
TOTAL RESOURCES 10,550 20,000 20,000 20,000
OPERATING EXPENDITURES
4010-42355 Contributions - Com Groups $ 10,550 $ 20,000 $ 20,000 $ 20,000
TOTAL OPERATING EXP $ 10,550 $ 20,000 $ 20,000 $20,000
FUND BALANCE RESERVE
25500 Fund Balance Reserves ————
FUND BALANCE RESERVES ————
TOTAL USES $ 10,550 $ 20,000 $ 20,000 $20,000
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Packet Pg. 144
LAW ENFORCEMENT RESERVE FUND
City of Diamond Bar , California 126 FY 2020/21 Proposed Budget
FUND TYPE:General Fund
FUNCTION:Public Safety
FUND #012
FUND DESCRIPTION:
This fund was established in FY12-13 to incorporate a method to fund future increases in the Sheriff's Department contract and the Liability Trust Fund. The primary revenue source in this fund is from annual savings realized in the law enforcement budget in the General Fund.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 1,035,311 $ 1,045,106 $ 1,045,106 $ 945,106
36100 Investment Earnings 22,230 ———
TOTAL RESOURCES $ 1,057,541 $ 1,045,106 $ 1,045,106 $ 945,106
TRANSFERS OUT
9915-49001 Transfer Out - General Fund $ 12,435 $ 100,000 $ 100,000 $ 161,874
TOTAL TRANSFERS OUT $ 12,435 $ 100,000 $ 100,000 $ 161,874
FUND BALANCE RESERVE
25500 Fund Balance Reserves $ 1,045,106 $ 945,106 $ 945,106 $ 783,232
FUND BALANCE RESERVES $ 1,045,106 $ 945,106 $ 945,106 $ 783,232
TOTAL USES $ 1,057,541 $ 1,045,106 $ 1,045,106 $ 945,106
3.1.a
Packet Pg. 145
GENERAL PLAN UPDATE FUND
City of Diamond Bar , California 127 FY 2020/21 Proposed Budget
FUND TYPE:General Fund
FUNCTION:General PlanUpdate
FUND #015
FUND DESCRIPTION:
This fund was created in FY 14-15 to establish an allocation of resources needed to fund the preparation of a comprehensive update to the City's General Plan.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 411,753 $ 130,311 $ 130,311 $ 76,190
36100 Investment Earnings 7,271 ———
39001 Transfer In - General Fund —— 117,438 —
TOTAL RESOURCES $ 419,024 $ 130,311 $ 247,749 $76,190
OPERATING SUPPLIES
5210-41200 Operating Supplies $ 572 $ 700 $ 1,339 $—
TOTAL OPERATING SUPPLIES $572 $ 700 $ 1,339 $—
OPERATING EXPENDITURES
5210-42110 Printing —1,828 1,828 —
5210-42115 Advertising —5,000 9,020 —
5210-42120 Postage —60 54 —
5210-42325 Meetings 157 320 320 —
TOTAL OPERATING EXP $157 $ 7,208 $ 11,222 $—
PROFESSIONAL SERVICES
5210-44000 Professional Services $ 3,340 $ 500 $ 3,348 $—
5210-44220 PS - Planning General Plan 284,643 96,690 155,650 52,864
TOTAL PROFESSIONAL SERVICES $ 287,983 $ 97,190 $ 158,998 $52,864
FUND BALANCE RESERVE
25500 Fund Balance Reserves $ 130,311 $ 25,213 $ 76,190 $ 23,326
FUND BALANCE RESERVES $ 130,311 $ 25,213 $ 76,190 $23,326
TOTAL USES $ 419,024 $ 130,311 $ 247,749 $76,190
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TECHNOLOGY RESERVE FUND
City of Diamond Bar , California 128 FY 2020/21 Proposed Budget
FUND TYPE:General Fund
FUNCTION:TechnologyReserve
FUND #018
FUND DESCRIPTION:
This fund was created in FY 15-16 to establish an allocation of resources needed to fund the future replacement of a variety of hardware and software platforms throughout the City.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 391,898 $ 118,127 $ 118,127 $ 154,127
34305 Permit SystemReplacement 12,950 36,000 36,000 53,885
36100 Investment Earnings 8,177 ———
39001 Transfer In - General Fund ————
TOTAL RESOURCES $ 413,025 $ 154,127 $ 154,127 $ 208,012
TRANSFERS OUT
9915-49530 Transfer Out - Maint & Repl $ 294,898 $— $— $—
TOTAL TRANSFERS OUT $ 294,898 $— $— $—
FUND BALANCE RESERVE
25500 Fund Balance Reserves $ 118,127 $ 154,127 $ 154,127 $ 208,012
FUND BALANCE RESERVES $ 118,127 $ 154,127 $ 154,127 $ 208,012
TOTAL USES $ 413,025 $ 154,127 $ 154,127 $ 208,012
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OPEB FUND
City of Diamond Bar , California 129 FY 2020/21 Proposed Budget
FUND TYPE:General Fund
FUNCTION:OPEB Fund
FUND #020
FUND DESCRIPTION:
This fund was created in FY 14-15 to establish an allocation of resources needed to fund the Other Post Employment Benefits (OPEB) unfunded liability.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 355,743 $ 261,468 $ 261,468 $ 153,468
36100 Investment Earnings 7,379 ———
TOTAL RESOURCES $ 363,122 $ 261,468 $ 261,468 $ 153,468
PERSONNEL SERVICES
4060-40086 Post Retirement Benefits $ 14,526 $ 20,000 $ 20,000 $ 20,000
TOTAL PERSONNEL SERVICES $ 14,526 $ 20,000 $ 20,000 $20,000
TRANSFERS OUT
9915-49620 Contribution To - OPEB Trust $ 87,128 $ 88,000 $ 88,000 $ 88,000
TOTAL TRANSFERS OUT $ 87,128 $ 88,000 $ 88,000 $88,000
FUND BALANCE RESERVE
25500 Fund Balance Reserves $ 261,468 $ 153,468 $ 153,468 $ 45,468
FUND BALANCE RESERVES $ 261,468 $ 153,468 $ 153,468 $45,468
TOTAL USES $ 363,122 $ 261,468 $ 261,468 $ 153,468
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COVID-19 RECOVERY FUND
City of Diamond Bar , California 130 FY 2020/21 Proposed Budget
FUND TYPE:General Fund
FUNCTION:COVID-19 Fund
FUND #025
FUND DESCRIPTION:
This fund was created in FY 19-20 to establish an allocation of resources needed to fund expenses related to COVID-19.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Unrestricted Fund Balance $— $ — $— $—
39001 Transfer In - General Fund —— 135,650 —
TOTAL RESOURCES —— 135,650 —
PERSONNEL SERVICES
4030-40030 Part-Time Wages $— $ — $ 250 $—
4030-40083 Worker's Compensation ——2 —
4030-40085 Medicare/Soc Sec Exp ——3 —
4050-40030 Part-Time Wages ——1,000 —
4050-40083 Worker's Compensation ——10 —
4050-40085 Medicare/Soc Sec Exp ——15 —
4070-40010 Salaries —— 15,000 —
4070-40070 City Paid Benefits ——150 —
4070-40080 Retirement Benefits ——1,300 —
4070-40082 PEPRA Member Retirement ——475 —
4070-40083 Worker's Compensation ——200 —
4070-40084 STD/LTD ——125 —
4070-40085 Medicare/Soc Sec Exp ——225 —
4070-40090 Benefit Allotment ——2,300 —
4095-40030 Part-Time Wages ——500 —
4095-40083 Worker's Compensation ——10 —
4095-40085 Medicare/Soc Sec Exp ——15 —
5333-40030 Part-Time Wages —— 40,000 —
5333-40083 Worker's Compensation ——1,500 —
5333-40085 Medicare/Soc Sec Exp ——1,000 —
5350-40030 Part-Time Wages —— 22,000 —
5350-40070 City Paid Benefits ——100 —
5350-40080 Retirement Benefits ——30 —
5350-40083 Worker's Compensation ——650 —
5350-40084 STD/LTD ——100 —
5350-40085 Medicare/Soc Sec Exp ——400 —
5350-40090 Benefit Allotment ——1,500 —
5510-40010 Salaries ——6,650 —
5510-40070 City Paid Benefits ——200 —
5510-40080 Retirement Benefits ——1,100 —
5510-40083 Worker's Compensation ——75 —
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COVID-19 RECOVERY FUND
City of Diamond Bar , California 131 FY 2020/21 Proposed Budget
5510-40084 STD/LTD ——50 —
5510-40085 Medicare/Soc Sec Exp ——100 —
5510-40090 Benefit Allotment ——1,200 —
5551-40010 Salaries ——150 —
5551-40070 City Paid Benefits ——5 —
5551-40080 Retirement Benefits ——25 —
5551-40083 Worker's Compensation ——5 —
5551-40084 STD/LTD ——5 —
5551-40085 Medicare/Soc Sec Exp ——5 —
5551-40090 Benefit Allotment ——100 —
5554-40010 Salaries ——4,000 —
5554-40070 City Paid Benefits ——10 —
5554-40080 Retirement Benefits ——600 —
5554-40082 PEPRA Member Retirement ——10 —
5554-40083 Worker's Compensation ——150 —
5554-40084 STD/LTD ——5 —
5554-40085 Medicare/Soc Sec Exp ——75 —
5554-40090 Benefit Allotment ——100 —
5556-40010 Salaries ——250 —
5556-40030 Part-Time Wages ——400 —
5556-40070 City Paid Benefits ——10 —
5556-40080 Retirement Benefits ——10 —
5556-40082 PEPRA Member Retirement ——10 —
5556-40083 Worker's Compensation ——25 —
5556-40084 STD/LTD ——5 —
5556-40085 Medicare/Soc Sec Exp ——10 —
5556-40090 Benefit Allotment ——100 —
TOTAL PERSONNEL SERVICES $—$$ —$$ 104,300 $$—
OPERATING SUPPLIES
4030-41200 Operating Supplies $— $ — $ 500 $—
4093-41200 Operating Supplies ——1,000 —
4095-42110 Printing ——8,000 —
4095-42115 Advertising ————
5333-41200 Operating Supplies ——250 —
5556-41200 Operating Supplies ——500 —
5554-41200 Operating Supplies —— 10,000 —
TOTAL OPERATING SUPPLIES $—$$ —$$ 20,250 $$—
PROFESSIONAL SERVICES
4095-44000 Professional Services $— $ — $ 11,100 $—
TOTAL PERSONNEL SERVICES $— $ — $ 11,100 $—
FUND BALANCE RESERVE
25500 Fund Balance Reserves $— $ — $— $—
FUND BALANCE RESERVES $— $ — $— $—
TOTAL USES $— $ — $ 135,650 $—
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3.1.a
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MEASURE W FUND
City of Diamond Bar , California 133 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Street/PathsImprovements
FUND #:107
FUND DESCRIPTION:
Approved by the voters on November 6, 2018, the Measure W parcel tax of 2.5 cents a square foot of "impermeable space", will fund projects that will improve water quality.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ — $— $— $ 622,901
31327 Measure W Revenue — 900,000 880,000 800,000
TOTAL RESOURCES $ — $ 900,000 $ 880,000 $ 1,422,901
PERSONNEL SERVICES
5510-40010 Salaries $ — $— $ 63,067 $ 63,067
5510-40070 City Paid Benefits ———740
5510-40080 Retirement Benefits ——6,876 6,876
5510-40081 Classic Mbr - Pmt Amrt Base ———3,432
5510-40082 PEPRA Member Retirement ——1,884 1,884
5510-40083 Worker's Compensation ——1,337 1,337
5510-40084 STD/LTD ———387
5510-40085 Medicare/Soc Sec Exp ———921
5510-40090 Benefit Allotment ——9,936 9,936
TOTAL PERSONNEL SERVICES $ —$$—$$ 83,099 $$88,579
PROFESSIONAL SERVICES
5510-44240 PS - Environmental Svcs $ — $— $ 174,000 $ 174,000
TOTAL PROFESSIONALSERVICES $ —$$—$$ 174,000 $$ 174,000
TRANSFERS OUT
9915-49250 Transfer to CIP Fund $ — $ 453,000 $— $—
TOTAL TRANSFERS OUT $ — $ 453,000 $— $—
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ — $ 447,000 $ 622,901 $ 1,160,321
FUND BALANCE RESERVES $ — $ 447,000 $ 622,901 $ 1,160,321
TOTAL USES $ — $ 900,000 $ 880,000 $ 1,422,901
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Packet Pg. 152
ROAD MAINTEANCE & REHABILITATION FUND
City of Diamond Bar , California 134 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Street/PathsImprovements
FUND #:108
FUND DESCRIPTION:
Senate Bill 1 (SB-1), the Road Repair and Accountability Act of 2017 was signed into law in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide. SB-1 prioritizes funding towards maintenance, rehabilitation and safety improvements on state highways, local streets and roads, and bridges, and to improve the State's trade corridors, transit and active transportation facilities.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 335,136 $ 1,384,274 $ 1,384,274 $ 1,987,667
31732 Road Maint Rehab Acct 1,053,713 944,348 957,626 988,146
36100 Investment Earnings $ 16,193 $ 25,000 $ 25,000 $ 19,000
TOTAL RESOURCES $ 1,405,042 $ 2,353,622 $ 2,366,900 $ 2,994,813
TRANSFERS OUT
9915-49250 Transfer to CIP Fund $ 20,768 $ 1,856,044 $ 379,233 $ 2,076,811
TOTAL TRANSFERS OUT 20,768 1,856,044 379,233 2,076,811
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 1,384,274 $ 497,578 $ 1,987,667 $ 918,002
FUND BALANCE RESERVES $ 1,384,274 $ 497,578 $ 1,987,667 $ 918,002
TOTAL USES $ 1,405,042 $ 2,353,622 $ 2,366,900 $ 2,994,813
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MEASURE M FUND
City of Diamond Bar , California 135 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Street/PathsImprovements
FUND #:109
FUND DESCRIPTION:
Approved by the voters on November 8, 2016, the Measure M half-cent sales tax increase will fund projects that will improve local streets, repair potholes and improve traffic flow/safety.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 217,420 $ 528,073 $ 528,073 $ 784,072
31323 Measure M Revenue 802,895 817,913 817,913 854,428
36100 Investment Earnings 8,945 10,000 10,000 7,500
TOTAL RESOURCES $ 1,029,259 $ 1,355,986 $ 1,355,986 $ 1,646,000
TRANSFERS OUT
9915-49250 Transfer to CIP Fund $ 501,186 $ 1,212,384 $ 571,914 $ 290,470
TOTAL TRANSFERS OUT $ 501,186 $ 1,212,384 $ 571,914 $ 290,470
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 528,073 $ 143,602 $ 784,072 $ 1,355,530
FUND BALANCE RESERVES $ 528,073 $ 143,602 $ 784,072 $ 1,355,530
TOTAL USES $ 1,029,259 $ 1,355,986 $ 1,355,986 $ 1,646,000
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MEASURE R FUND
City of Diamond Bar , California 136 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Street/PathsImprovements
FUND #:110
FUND DESCRIPTION:
The Measure R Local Return program funds are to be used for major street resurfacing, rehabilitation, and reconstruction; pothole repair; left turn signals; bikeways; pedestrian improvements; streetscapes; signal synchronization; & transit.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 63,393 $ 148,436 $ 148,436 $ 155,510
31325 Measure R Revenue 712,926 721,766 721,766 753,985
36100 Investment Earnings 3,604 4,800 4,800 3,500
TOTAL RESOURCES $ 779,924 $ 875,002 $ 875,002 $ 912,995
TRANSFERS OUT
9915-49250 Transfer to CIP Fund $ 631,488 $ 719,492 $ 719,492 $—
TOTAL TRANSFERS OUT $ 631,488 $ 719,492 $ 719,492 $—
FUND BALANCE RESERVES
FundBalance Fund Balance Reserves $ 148,436 $ 155,510 $ 155,510 $ 912,995
FUND BALANCE RESERVES $ 148,436 $ 155,510 $ 155,510 $ 912,995
TOTAL USES $ 779,924 $ 875,002 $ 875,002 $ 912,995
3.1.a
Packet Pg. 155
GAS TAX FUND
City of Diamond Bar , California 137 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:
StreetMaintenance/Construction
FUND #:111
FUND DESCRIPTION:
The City receives funds from Sections 2105, 2106, 2107, and 2107.5 of the Streets and Highway Code. State law requires that these revenues be recorded in a Special Revenue Fund, and that they be utilized solely for street related purposes such as new construction, rehabilitation or maintenance. It is anticipated that the City will use Gas Tax Funds to fund ongoing street maintenance programs to the extent possible. Any remaining funds will be used to assist in the funding of the City's Capital Improvement Project Program. Beginning in 2011-12, the State replaced Prop 42 funds with Highway Users Tax.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 72,222 $ 132,791 $ 132,791 $ 391,597
31705 Gas Tax - 2105 315,261 319,117 293,523 304,756
31710 Gas Tax - 2106 192,806 193,215 177,312 184,059
31720 Gas Tax - 2107 396,476 416,792 366,624 366,624
31730 Gas Tax - 2107.5 7,500 7,500 7,500 7,500
31731 HUTA - Prop 42 Replacement 191,959 494,893 423,031 485,788
31734 Loan Repayment 64,798 64,798 64,637 —
36100 Interest Revenue 3,119 4,000 4,000 3,000
TOTAL RESOURCES $ 1,244,140 $ 1,633,106 $ 1,469,418 $ 1,743,324
TRANSFERS OUT
9915-49001 Transfer to General Fund $ 757,122 $ 1,001,782 $ 651,782 $ 1,036,000
9915-49250 Transfer to CIP Fund 354,228 476,039 426,039 —
TOTAL TRANSFERS OUT $ 1,111,350 $ 1,477,821 $ 1,077,821 $ 1,036,000
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 132,791 $ 155,285 $ 391,597 $ 707,324
FUND BALANCE RESERVES $ 132,791 $ 155,285 $ 391,597 $ 707,324
TOTAL USES $ 1,244,140 $ 1,633,106 $ 1,469,418 $ 1,743,324
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Packet Pg. 156
PROPOSITION A FUND
City of Diamond Bar , California 138 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:PublicTransportation
FUND #:112
FUND DESCRIPTION:
The City receives Proposition A Transit Tax which is a voter approved sales tax override for public transportation purposes. This fund has been established to account for these revenues and approved project expenditures.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $1,073,300 $467,644 $467,644 $610,427
31310 Transportation Tax 1,145,663 1,160,074 1,160,074 1,211,864
34850 Transit Subsidy Program Rev 639,779 744,000 744,000 750,000
36100 Interest Revenue 28,751 12,500 12,500 9,500
TOTAL RESOURCES $ 2,887,492 $ 2,384,218 $ 2,384,218 $ 2,581,791
PERSONNEL SERVICES
5553-40010 Salaries $96,938 $107,325 $107,325 $104,979
5553-40070 City Paid Benefits 1,084 1,625 1,625 1,418
5553-40080 Classic Member Retirement 15,435 17,435 17,435 17,749
5553-40081 Classic Member - UAL Pmt 5,495 11,245 11,257 8,602
5553-40082 PEPRA Member Retirement 25 51 204 248
5553-40083 Workers Comp Expense 1,303 1,017 1,017 964
5553-40084 Short/Long Term Disability 495 653 653 636
5553-40085 Medicare Expense 1,528 1,572 1,572 1,536
5553-40090 Cafeteria Benefits 17,536 23,490 23,490 23,070
TOTAL PERSONNEL $ 139,839 $ 164,413 $164,578 $ 159,202
OPERATING SUPPLIES
5553-41200 Supplies $1,079 $1,200 $1,200 $1,200
TOTAL OPERATING SUPPLIES $ 1,079 $1,200 $1,200 $1,200
OPERATING EXPENDITURES
5553-42128 Bank Charges $10,054 $ 15,000 $15,000 $15,000
5553-42205 Computer Maintenance 370 8,100 8,100 8,100
5553-42315 Membership & Dues 20,000 20,000 20,000 20,000
TOTAL OPERATING EXP $ 30,424 $ 43,100 $43,100 $43,100
CONTRACT SERVICES
5350-45310 CS - Excursions $54,366 $ 64,550 $47,050 $30,550
5553-45529 CS - Dial-A-Cab Services 100,000 350,000 350,000 350,000
5553-45533 Transit Subsidy Program 179,382 200,000 200,000 200,000
5553-45535 Transit Subsidy-Fares 642,111 800,000 750,000 750,000
TOTAL CONTRACT SERVICES $ 975,858 $ 1,414,550 $ 1,347,050 $ 1,330,550
CAPITAL OUTLAY
5553-46230 Computer Equip-Hardware $1,412 $ 20,000 $20,000 $42,000
5553-46235 Computer Equip-Software —10,000 10,000 10,000
TOTAL CAPITAL OUTLAY $ 1,412 $ 30,000 $30,000 $52,000
MISC EXPENDITURES
5553-47230 Sale of Prop A Funds $1,200,000 $—$—$—
TOTAL MISC EXPENDITURES $ 1,200,000 $— $— $—
TRANSFERS OUT
9915-49250 Transfer Out - CIP Fund $71,236 $287,863 $187,863 $53,500
TOTAL TRANSFERS OUT $ 71,236 $ 287,863 $187,863 $53,500
FUND BALANCE RESERVES
25500 Fund Balance Reserves $467,644 $443,093 $610,427 $942,240
FUND BALANCE RESERVES $ 467,644 $ 443,093 $610,427 $ 942,240
TOTAL USES $ 2,887,492 $ 2,384,218 $ 2,384,218 $ 2,581,791
3.1.a
Packet Pg. 157
PROPOSITION C FUND
City of Diamond Bar , California 139 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:
StreetMaintenance/Construction
FUND #:113
FUND DESCRIPTION:
The City receives Proposition C Tax which is additional allocations of State Gas Tax funds from Los Angeles County. These funds must be used for street-related purposes such as construction, rehabilitation, maintenance or traffic safety. The projects must be transit related improvements. In order to spend these funds, the City must submit the project to Metropolitan Transit Authority (MTA) for prior approval.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 729,278 $ 1,078,994 $ 1,078,994 $ 1,061,176
31320 Transportation Tax 950,295 962,251 962,251 1,005,209
36100 Interest Revenue 18,331 20,400 20,400 15,500
TOTAL RESOURCES $ 1,697,904 $ 2,061,645 $ 2,061,645 $ 2,081,885
PERSONNEL SERVICES
5553-40010 Salaries $ 69,077 $ 125,220 $ 125,220 $ 106,689
5553-40070 City Paid Benefits 517 1,175 1,175 1,178
5553-40080 Classic Member Retirement 10,655 13,375 13,375 13,618
5553-40081 Classic Member - UAL Pmt 7,925 8,843 8,843 6,720
5553-40082 PEPRA Member Retirement 160 3,186 3,186 2,274
5553-40083 Workers Comp Expense 1,275 2,384 2,384 2,014
5553-40084 Short/Long Term Disability 349 765 765 652
5553-40085 Medicare Expense 976 1,824 1,824 1,561
5553-40090 Benefit Allotment 9,856 20,697 20,697 16,989
TOTAL PERSONNEL $ 100,791 $ 177,469 $ 177,469 $ 151,694
OPERATING EXPENDITURES
5553-42205 Computer Maintenance $— $ 63,000 $ 63,000 $ 63,000
TOTAL OPERATING EXP $— $ 63,000 $ 63,000 $ 63,000
CONTRACT SERVICES
5553-45222 CS - Traffic $— $ 60,000 $ 60,000 $ 100,000
5553-45507 CS - Traffic Signal Maintenance — 185,000 185,000 220,000
5553-45529 Para -Transit Dial a Cab 176,804 ———
TOTAL CONTRACT SERVICES $ 176,804 $ 245,000 $ 245,000 $ 320,000
CAPITAL OUTLAY
5553-46230 Computer Equip-Hardware $— $— $— $ 20,000
TOTAL CAPITAL OUTLAY $—$$—$$—$$ 20,000
TRANSFERS OUT
9915-49250 Transfer to CIP Fund $ 341,316 $ 894,443 $ 515,000 $ 332,943
TOTAL TRANSFERS OUT $ 341,316 $ 894,443 $ 515,000 $ 332,943
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 1,078,994 $ 681,733 $ 1,061,176 $ 1,194,247
FUND BALANCE RESERVES $ 1,078,994 $ 681,733 $ 1,061,176 $ 1,194,247
TOTAL USES $ 1,697,904 $ 2,061,645 $ 2,061,645 $ 2,061,885
3.1.a
Packet Pg. 158
INTEGRATED WASTE MANAGEMENT FUND
City of Diamond Bar , California 140 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:WasteManagement
FUND #:115
FUND DESCRIPTION:
The Integrated Waste Management Fund was created during FY90-91, to account for expenditures and revenues related to the activities involved with the City's efforts to comply with AB939. Revenues recorded in this fund are the adopted waste hauler fees and funds received from the State for recycling education and efforts.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 1,204,424 $ 1,292,831 $ 1,292,831 $ 1,346,531
34820 AB939 Admin Fees 548,724 562,000 562,000 572,267
36950 Cost Reimbursement —61,470 61,470 16,470
TOTAL RESOURCES $ 1,753,148 $ 1,916,301 $ 1,916,301 $ 1,935,268
PERSONNEL SERVICES
5515-40010 Salaries $ 204,539 $ 214,417 $ 214,417 $ 206,481
5515-40020 Over-Time Wages 1,807 2,000 2,000 2,000
5515-40030 Part Time Wages 557 1,000 1,000 —
5515-40070 City Paid Benefits 2,285 2,414 2,414 2,351
5515-40080 Classic Member Retirement 30,345 32,855 32,855 32,889
5515-40081 Classic Member - UAL Pmt 10,505 21,330 21,330 16,047
5515-40082 PEPRA Member Retirement 820 1,021 1,021 1,326
5515-40083 Worker's Comp. Exp.2,830 3,811 3,811 3,876
5515-40084 Short/Long Term Disability 1,066 1,282 1,282 1,243
5515-40085 Medicare 3,256 3,148 3,148 3,014
5515-40090 Benefit Allotment 34,380 34,592 34,592 33,831
TOTAL PERSONNEL $ 292,423 $ 317,870 $ 317,870 $ 303,056
SUPPLIES
5515-41200 Operating Supplies $ 19,450 $ 20,500 $ 20,500 $ 20,500
5515-41300 Small Tools & Equipment 25,935 16,000 16,000 21,500
5515-41400 Promotional Supplies 17,765 21,500 21,500 25,500
TOTAL SUPPLIES $ 63,151 $ 58,000 $ 58,000 $ 67,500
OPERATING EXPENDITURES
5515-42110 Printing $ 11,917 $ 12,000 $ 12,000 $ 12,000
5515-42115 Advertising 8,396 3,000 3,000 5,000
5515-42120 Postage 3,895 4,000 4,000 4,000
5515-42315 Membership/Dues 561 500 500 500
5515-42320 Publications —200 200 200
5515-42325 Meetings 609 500 500 1,000
5515-42330 Travel-Conferences & Meetings ————
5515-42340 Education & Training 119 1,000 1,000 500
TOTAL OPERATING EXP $ 25,497 $ 21,200 $ 21,200 $ 23,200
3.1.a
Packet Pg. 159
INTEGRATED WASTE MANAGEMENT FUND
City of Diamond Bar , California 141 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:WasteManagement
FUND #:115
PROFESSIONAL SERVICES
5515-44000 Professional Services $ 46,662 $ 104,600 $ 104,600 $ 74,348
TOTAL PROFESSIONAL SERVICES $ 46,662 $ 104,600 $ 104,600 $ 74,348
CONTRACT SERVICES
5515-45500 CS - Professional Services $ 21,512 $ 35,600 $ 35,600 $ 35,600
TOTAL CONTRACT SERVICES $ 21,512 $ 35,600 $ 35,600 $ 35,600
CAPITAL OUTLAY
5515-46250 Miscellaneous Equipment $— $ 20,000 $ 20,000 $ 10,000
TOTAL CAPITAL OUTLAY $— $ 20,000 $ 20,000 $ 10,000
INSURANCE EXPENSE
5515-47220 Insurance Expense $ 1,073 $ 2,500 $2,500 $ 2,500
TOTAL INSURANCE EXPENSE $ 1,073 $ 2,500 $2,500 $ 2,500
TRANSFERS OUT
9915-49001 Transfer Out - General Fund $ 10,000 $ 10,000 $ 10,000 $ 10,000
TOTAL TRANSFERS OUT $ 10,000 $ 10,000 $ 10,000 $ 10,000
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 1,292,831 $ 1,346,531 $ 1,346,531 $ 1,409,064
FUND BALANCE RESERVES $ 1,292,831 $ 1,346,531 $ 1,346,531 $ 1,409,064
TOTAL USES $ 1,753,148 $ 1,916,301 $ 1,916,301 $ 1,935,268
3.1.a
Packet Pg. 160
TRAFFIC MITIGATION FUND
City of Diamond Bar , California 142 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Street/PathsImprovements
FUND #:116
FUND DESCRIPTION:
The Traffic Mitigation Fund is used to account for funds which have been received from development projects and designated by the City Council for traffic mitigation projects.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 483,646 $ 7,034,328 $ 7,034,328 $ 7,159,328
34660 Traffic Mitigation Fees - Eng 6,558,981 ——846,910
36100 Investment Earnings 29,374 125,000 125,000 95,000
TOTAL RESOURCES $ 7,072,002 $ 7,159,328 $ 7,159,328 $ 8,101,238
TRANSFERS OUT
9915-49250 Transfer to CIP Fund 37,674 110,000 ——
TOTAL TRANSFERS OUT $ 37,674 $ 110,000 $— $—
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 7,034,328 $ 7,049,328 $ 7,159,328 $ 8,101,238
FUND BALANCE RESERVES $ 7,034,328 $ 7,049,328 $ 7,159,328 $ 8,101,238
TOTAL USES $ 7,072,002 $ 7,159,328 $ 7,159,328 $ 8,101,238
3.1.a
Packet Pg. 161
SEWER MITIGATION FUND
City of Diamond Bar , California 143 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Street/PathsImprovements
FUND #:117
FUND DESCRIPTION:
This fund was established in FY 14-15 as a result of Developer Impacts to existing sewer facilities in the City. The fund will be used to account for funds which have been received from development projects and designated by the City Council for sewer facility mitigation/improvement projects.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 112,992 $ 115,418 $ 115,418 $ 52,867
36100 Investment Earnings 2,426 2,000 2,000 1,500
TOTAL RESOURCES $ 115,418 $ 117,418 $ 117,418 $ 54,367
TRANSFERS OUT
9915-49250 Transfer to CIP Fund $— $ 64,551 $ 64,551 $—
TOTAL TRANSFERS OUT $— $ 64,551 $ 64,551 $—
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 115,418 $ 52,867 $ 52,867 $ 54,367
FUND BALANCE RESERVES $ 115,418 $ 52,867 $ 52,867 $ 54,367
TOTAL USES $ 115,418 $ 117,418 $ 117,418 $ 54,367
3.1.a
Packet Pg. 162
AIR QUALITY IMPROVEMENT FUND
City of Diamond Bar , California 144 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Air Quality
FUND #:118
FUND DESCRIPTION:
This fund was established in FY91-92 to account for revenues received as a result of AB2766 which authorized the imposition of an additional motor vehicle registration fee to fund the implementation of air quality management compliance and provisions of the California Clean Air Act of 1988.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 139,290 $ 101,857 $ 101,857 $ 125,357
31810 Pollution Reduction Fees 74,529 73,000 73,000 75,000
36100 Interest Revenue 1,685 1,500 1,500 1,000
TOTAL RESOURCES $ 215,504 $ 176,357 $ 176,357 $ 201,357
CAPITAL OUTLAY
5098-46100 Auto Equipment $ 54,292 $ 21,000 $ 21,000 $—
5098-46412 Traffic Control Improvement 10,090 30,000 30,000 75,000
TOTAL CAPITAL OUTLAY $ 64,382 $ 51,000 $ 51,000 $ 75,000
TRANSFERS OUT
9915-49250 Transfer to CIP Fund $ 49,265 $ 24,930 $— $ 24,930
TOTAL TRANSFERS OUT $ 49,265 $ 24,930 $— $ 24,930
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 101,857 $ 100,427 $ 125,357 $ 101,427
FUND BALANCE RESERVES $ 101,857 $ 100,427 $ 125,357 $ 101,427
TOTAL USES $ 215,504 $ 176,357 $ 176,357 $ 201,357
3.1.a
Packet Pg. 163
SB 821 FUND - BIKE AND PEDESTRIAN PATHS (TDA)
City of Diamond Bar , California 145 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Street/PathsImprovements
FUND #:119
FUND DESCRIPTION:
The State allocates funds to cities for the specific purpose of the construction of bike and pedestrian paths via SB821. This fund has been established to account for transactions related to the receipt and expenditure of these funds.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $— $— $— $ 41,380
31880 SB821 Revenue 23,631 151,298 75,991 117,713
TOTAL RESOURCES $ 23,631 $ 151,298 $ 75,991 $ 159,093
TRANSFERS OUT
9915-49250 Transfer to CIP Fund $ 23,631 $ 108,706 $ 34,611 $ 74,095
TOTAL TRANSFERS OUT $ 23,631 $ 108,706 $ 34,611 $ 74,095
FUND BALANCE RESERVES
25500 Fund Balance Reserves $— $ 42,592 $ 41,380 $ 84,998
FUND BALANCE RESERVES $— $ 42,592 $ 41,380 $ 84,998
TOTAL USES $ 23,631 $ 151,298 $ 75,991 $ 159,093
3.1.a
Packet Pg. 164
MTA GRANTS FUND
City of Diamond Bar , California 146 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Street/PathsImprovements
FUND #:120
FUND DESCRIPTION:
The Los Angeles County Metropolitan Transportation Authority (Metro) Call for Projects allocates discretionary transportation capital funds for regionally significant projects proposed by local jurisdictions, Caltrans, and other public agencies. The Call is a competitive grant process that is typically held biannually in odd-numbered years.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $— $ (52,623) $ (52,623) $—
31332 MTA Grant Revenue 61,352 1,280,689 1,280,689 —
TOTAL RESOURCES $ 61,352 $ 1,228,066 $ 1,228,066 $—
TRANSFERS OUT
9915-49250 Transfer to CIP Fund $ 113,975 $ 1,228,066 $ 1,228,066 $—
TOTAL TRANSFERS OUT $ 113,975 $ 1,228,066 $ 1,228,066 $—
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ (52,623) $— $— $—
FUND BALANCE RESERVES $ (52,623) $— $— $—
TOTAL USES $ 61,352 $ 1,228,066 $ 1,228,066 $—
3.1.a
Packet Pg. 165
WASTE HAULER FUND
City of Diamond Bar , California 147 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Street/PathsImprovements
FUND #:121
FUND DESCRIPTION:
The Waste Hauler Fund was established in FY 2013-14. These funds are received from the City's Waste Hauler in order to mitigate damage to City streets by large trash trucks. Previously these funds were recognized in the General Fund.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 79,725 $ 33,151 $ 33,151 $ 35,182
34662 Solid Waste Impact Fees 132,607 136,000 136,000 140,900
36100 Investment Earnings 1,044 500 500 400
TOTAL RESOURCES $ 213,376 $ 169,651 $ 169,651 $ 176,482
TRANSFERS OUT
9915-49250 Transfer to CIP Fund $ 180,225 $ 134,469 $ 134,469 $—
TOTAL TRANSFERS OUT $ 180,225 $ 134,469 $ 134,469 $—
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 33,151 $ 35,182 $ 35,182 $ 176,482
FUND BALANCE RESERVES $ 33,151 $ 35,182 $ 35,182 $ 176,482
TOTAL USES $ 213,376 $ 169,651 $ 169,651 $ 176,482
3.1.a
Packet Pg. 166
PARK FEES FUND (QUIMBY)
City of Diamond Bar , California 148 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:ParkImprovement
FUND #:122
FUND DESCRIPTION:
Within the California Subdivision Map Act is a requirement that developers either contribute land or pay fees to the local municipal government to provide recreational facilities within the development area. This fund is used to account for the fees received.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 258,410 $ 304,267 $ 304,267 $ 91,365
36100 Interest Revenue 5,938 5,000 5,000 3,500
TOTAL RESOURCES $ 312,576 $ 309,267 $ 309,267 $ 94,865
TRANSFERS OUT
9915-49250 Transfer Out - CIP $ 8,309 $ 217,902 $ 217,902 $—
TOTAL TRANSFERS OUT $ 8,309 $ 217,902 $ 217,902 $—
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 304,267 $ 91,365 $ 91,365 $ 94,865
FUND BALANCE RESERVES $ 304,267 $ 91,365 $ 91,365 $ 94,865
TOTAL USES $ 312,576 $ 309,267 $ 309,267 $ 94,865
3.1.a
Packet Pg. 167
PROP A - SAFE NEIGHBORHOOD PARKS FUND
City of Diamond Bar , California 149 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:ParkImprovement
FUND #:123
FUND DESCRIPTION:
The County allocates voter approved funds to the City for the purpose of creating and maintaining an environment which addresses the needs of the City's at risk youth.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 738 $ 2,503 $2,503 $ 3,353
31815 Prop A-Safe NeighborhoodParks 49,999 ———
36100 Investment Earnings 1,765 850 850 600
TOTAL RESOURCES $ 52,501 $ 3,353 $3,353 $ 3,953
TRANSFERS OUT
9915-49001 Transfer to General Fund $ 49,999 $— $— $—
TOTAL TRANSFERS OUT $ 49,999 $— $— $—
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 2,503 $ 3,353 $3,353 $ 3,953
FUND BALANCE RESERVES $ 2,503 $ 3,353 $3,353 $ 3,953
TOTAL USES $ 52,501 $ 3,353 $3,353 $ 3,953
3.1.a
Packet Pg. 168
PARK & FACILITY DEVELOPMENT FUND
City of Diamond Bar , California 150 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:ParkImprovement
FUND #:124
FUND DESCRIPTION:
The purpose of this fund is to provide resources for the development and enhancement of the City's parks and facilities.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 68,526 $ 73,958 $ 73,958 $ 25,844
36100 Interest Revenue 1,362 1,000 1,000 700
TOTAL RESOURCES $ 69,888 $ 74,958 $ 74,958 $ 26,544
TRANSFERS OUT
9915-49250 Transfer to CIP Fund $ (4,070) $ 49,114 $ 49,114 $—
TOTAL TRANSFERS OUT $ (4,070) $ 49,114 $ 49,114 $—
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 73,958 $ 25,844 $ 25,844 $ 26,544
FUND BALANCE RESERVES $ 73,958 $ 25,844 $ 25,844 $ 26,544
TOTAL USES $ 69,888 $ 74,958 $ 74,958 $ 26,544
3.1.a
Packet Pg. 169
COMMUNITY DEVELOPMENT BLOCK GRANT FUND
City of Diamond Bar , California 151 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Community Dev
FUND #:125
FUND DESCRIPTION:
The City receives an annual CDBG allotment from the federal government via the Community Development Commission. The purpose of this grant is to fund approved community development programs and projects benefiting low and moderate income citizens.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
31630 CDBG Revenue-Carry Over $ (1,319) $— $— $—
31630 CDBG Revenue 419,173 318,750 273,907 147,620
31636 Business Recovery ProgramRevenue ———184,570
31637 Business Recovery Program-CVRevenue ———137,962
TOTAL RESOURCES $ 417,854 $ 318,750 $ 273,907 $ 470,152
PERSONNEL SERVICES
5350-40010 Salaries $ 13,528 $ 24,443 $ 24,443 $ 34,814
TOTAL PERSONNEL $ 13,528 $ 24,443 $ 24,443 $ 34,814
SUPPLIES
5215-41200 Operating Supplies $ 1,013 $ 2,400 $2,400 $ 2,400
TOTAL SUPPLIES $ 1,013 $ 2,400 $2,400 $ 2,400
PROFESSIONAL SERVICES
5215-44000 Professional Services $ 62,702 $ 87,064 $ 87,064 $ 110,406
5230-44050 Business Recovery ProgramGrants ———184,570
5230-44060 Business Recovery Program -CV Grants ———137,962
TOTAL PROFESSIONAL SERVICES $ 62,702 $ 87,064 $ 87,064 $ 432,938
TRANSFERS OUT
9915-49250 Transfer to CIP Fund $ 340,611 $ 160,000 $ 160,000 $—
TOTAL TRANSFERS OUT $ 340,611 $ 160,000 $ 160,000 $—
CDBG Carry Over $— $ 44,843 $— $—
FUND BALANCE RESERVES $— $ 44,843 $— $—
TOTAL USES $ 417,854 $ 318,750 $ 273,907 $ 470,152
3.1.a
Packet Pg. 170
CITIZENS OPTION FOR PUBLIC SAFETY FUND
City of Diamond Bar , California 152 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Public Safety
FUND #:126
FUND DESCRIPTION:
The purpose of these funds are to enhance the City's public safety budget and to fund special public safety related projects. These funds are used to provide at-risk youth counseling with a majority of the funds being transfered to the General Fund to pay for City's contracted Law Enforcement Technician.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 221,468 $ 272,257 $ 272,257 $ 278,103
31855 Public Safety Grant - State 148,747 100,000 129,000 100,000
36100 Interest Revenue 6,074 5,000 5,000 3,800
TOTAL RESOURCES $ 376,288 $ 377,257 $ 406,257 $ 381,903
PROFESSIONAL SERVICES
4411-44000 Professional Services $ 4,800 $ 5,000 $5,000 $ 5,000
TOTAL PROFESSIONAL SERVICES $ 4,800 $ 5,000 $5,000 $ 5,000
CAPITAL OUTLAY
4411-46250 Misc Equipment $— $ 5,000 $5,000 $ 5,000
TOTAL CAPITAL OUTLAY $— $ 5,000 $5,000 $ 5,000
TRANSFERS OUT
9915-49001 Transfer Out-General Fund $ 99,231 $ 118,154 $ 118,154 $ 120,654
TOTAL TRANSFERS OUT $ 99,231 $ 118,154 $ 118,154 $ 120,654
FUND BALANCE RESERVE
25500 Fund Balance Reserves $ 272,257 $ 249,103 $ 278,103 $ 251,249
FUND BALANCE RESERVES $ 272,257 $ 249,103 $ 278,103 $ 251,249
TOTAL USES $ 376,288 $ 377,257 $ 406,257 $ 381,903
3.1.a
Packet Pg. 171
CA LAW ENFORCEMENT EQUIPMENT PROGRAM FUND
City of Diamond Bar , California 153 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Public Safety
FUND #:128
FUND DESCRIPTION:
During FY1999-2000, the City received California Law Enforcement Equipment Program (CLEEP) from the State. These funds are to be used to enhance equipment resources available to the City's local law enforcement agency.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 14,284 $ 14,591 $ 14,591 $ 8,026
36100 Interest Revenue 307 200 200 100
TOTAL RESOURCES $ 14,591 $ 14,791 $ 14,791 $ 8,126
CAPITAL OUTLAY
4411-46250 Misc Equipment $— $ 10,000 $6,765 $ 8,126
TOTAL CAPITAL OUTLAY $— $ 10,000 $6,765 $ 8,126
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 14,591 $ 4,791 $8,026 $—
FUND BALANCE RESERVES $ 14,591 $ 4,791 $8,026 $—
TOTAL USES $ 14,591 $ 14,791 $ 14,791 $ 8,126
3.1.a
Packet Pg. 172
STREET BEAUTIFICATION
City of Diamond Bar , California 154 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:StreetBeautification
FUND #:131
FUND DESCRIPTION:
This fund was established in FY 17-18 as a result of funds received from development projects to be used towards the Diamond Bar Complete Streets improvements as well as other identified capital improvement streetscape or complete streets projects as conditioned by the development projects entitlements.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 318,439 $ 326,364 $ 326,364 $ 331,364
34550 Developer Fees ————
36,100 Investment Earnings 7,925 5,000 5,000 3,800
TOTAL RESOURCES $ 326,364 $ 331,364 $ 331,364 $ 335,164
TRANSFERS OUT
9915-49250 Transfer to CIP $— $— $— $—
TOTAL TRANSFERS OUT $— $— $— $—
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 326,364 $ 331,364 $ 331,364 $ 335,164
FUND BALANCE RESERVES $ 326,364 $ 331,364 $ 331,364 $ 335,164
TOTAL USES $ 326,364 $ 331,364 $ 331,364 $ 335,164
3.1.a
Packet Pg. 173
MEASURE A NEIGHBORHOOD PARKS ACT
City of Diamond Bar , California 155 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:ParkImprovement
FUND #:132
FUND DESCRIPTION:
Measure A Neighborhood Parks Act was approved by the voters in November 2016 and provides funds to improve the quality of life throughout Los Angeles County by preserving and protecting parks, safe places to play, community recreation facilities, beaches, rivers, open spaces and water conservation. Measure A funds provide local funding for parks, recreation, trails, cultural facilities, open space and Veteran and youth programs.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $— $ (184,805) $ (184,805) $ 230,750
31341 Category 1 Revenue — 369,555 369,555 185,000
31342 M&S Revenue —46,000 46,000 46,000
TOTAL RESOURCES $— $ 230,750 $ 230,750 $ 461,750
TRANSFERS OUT
49250 Transfer Out - CIP Fund $ 184,805 $ 185,000 $— $—
TOTAL TRANSFERS OUT $ 184,805 $ 185,000 $— $—
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ (184,805) $ 45,750 $ 230,750 $ 461,750
FUND BALANCE RESERVES $ (184,805) $ 45,750 $ 230,750 $ 461,750
TOTAL USES $— $ 230,750 $ 230,750 $ 461,750
3.1.a
Packet Pg. 174
CASP SB1186
City of Diamond Bar , California 156 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Disability Access
FUND #:133
FUND DESCRIPTION:
SB 1186 requires that a $4 additional fee is to be paid by any applicant seeking a local business license when it is initially issued or renewed. From January 1, 2018 through December 31, 2023, the City will retain 90% of the fees collected. The purpose of the fee is to increase disability access and compliance with construction-related accessibility.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 6,065 $ 14,052 $ 14,052 $ 22,302
34562 Business License - SB1186 7,769 8,000 8,000 8,000
36100 Investment Earnings 218 250 250 200
TOTAL RESOURCES $ 14,052 $ 22,302 $ 22,302 $ 30,502
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 14,052 $ 22,302 $ 22,302 $ 30,502
FUND BALANCE RESERVES $ 14,052 $ 22,302 $ 22,302 $ 30,502
TOTAL USES $ 14,052 $ 22,302 $ 22,302 $ 30,502
3.1.a
Packet Pg. 175
TRES HERMANOS CONSERVATION AUTHORITY FUND
City of Diamond Bar , California 157 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Conservation
FUND #:134
FUND DESCRIPTION:
The Tres Hermanos Conservation Authority Fund was created in 2019 to track the City's portion of the maintenance costs related at the Tres Hermanos property. The revenue source for this fund is a transfer in from the General Fund.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $— $— $— $—
39001 Transfer In - General Fund 54,796 70,000 70,000 38,000
TOTAL RESOURCES $ 54,796 $ 70,000 $ 70,000 $ 91,000
OPERATING EXPENDITURES
42210 Maint. of Grounds/Bldgs $ 54,796 $ 70,000 $ 17,000 $ 71,000
TOTAL OPERATING EXP $ 54,796 $ 70,000 $ 17,000 $ 71,000
FUND BALANCE RESERVES
25500 Fund Balance Reserves $— $— $ 53,000 $ 20,000
FUND BALANCE RESERVES $— $— $ 53,000 $ 20,000
TOTAL USES $ 54,796 $ 70,000 $ 70,000 $ 91,000
3.1.a
Packet Pg. 176
PEG FEES FUND
City of Diamond Bar , California 158 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:PublicInformation
FUND #:135
FUND DESCRIPTION:
Public, Educational and Governmental (PEG) fees totaling 1% of gross revenues are remitted to the City by all video service providers with a valid state franchise. In accordance with federal law, PEG fees may be used only for capital expenditures related to the City's operations of its PEG channels. Capital expenditures include equipment, and related labor, software, training and associated warranty costs. Repairs are not considered capital expenditures.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 299,302 $ 371,262 $ 371,262 $ 408,062
31215 PEG Fees 94,955 100,000 100,000 100,000
36100 Interest Revenue 6,758 5,500 5,500 4,000
TOTAL RESOURCES $ 401,015 $ 476,762 $ 476,762 $ 512,062
CAPITAL OUTLAY
4095-46250 Miscellaneous Equipment $ 29,753 $ 68,700 $ 68,700 $ 55,000
TOTAL CAPITAL OUTLAY $ 29,753 $ 68,700 $ 68,700 $ 55,000
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 371,262 $ 408,062 $ 408,062 $ 457,062
FUND BALANCE RESERVES $ 371,262 $ 408,062 $ 408,062 $ 457,062
TOTAL USES $ 401,015 $ 476,762 $ 476,762 $ 512,062
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LANDSCAPE MAINTENANCE - DIST. #38 FUND
City of Diamond Bar , California 159 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Landscape
FUND #:138
FUND DESCRIPTION:
The City is responsible for the operations of the LLAD #38 which primarily maintains the City's medians. This district was was set up in accordance with the Landscape and Lighting Act of 1972. Property owners benefiting from this district receive a special assessment on their property taxes. This fund accounts for this district's operations.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $— $ 25,192 $ 25,192 $—
30300 Prop Tax-Special Assessment 269,602 276,330 276,330 276,330
39001 Transfer in - General Fund —35,512 35,512 208,923
TOTAL RESOURCES $ 269,602 $ 337,034 $ 337,034 $ 485,253
PERSONNEL SERVICES
5538-40010 Salaries $ 26,075 $ 27,028 $ 27,028 $ 28,324
5538-40020 Over Time Wages 492 400 400 400
5538-40070 City Paid Benefits 274 286 286 286
5538-40080 Classic Member Retirement 4,034 4,358 4,358 4,762
5538-40081 Classic Member - UAL Pmt 1,410 2,814 2,814 2,308
5538-40083 Worker's Comp. Exp.794 782 782 814
5538-40084 Short/Long Term Disability 137 159 159 166
5538-40085 Medicare 376 398 398 414
5538-40090 Benefit Allotment 4,032 4,182 4,182 4,200
TOTAL PERSONNEL $ 37,623 $ 40,407 $ 40,407 $ 41,673
OPERATING EXPENDITURES
5538-42115 Advertising $ 1,442 $ 5,000 $5,000 $ 5,000
5538-42126 Utilities 106,684 176,399 176,399 150,000
5538-42210 Maint. of Grounds/Bldgs 26,255 36,500 36,500 36,897
TOTAL OPERATING EXP $ 134,382 $ 217,899 $ 217,899 $ 191,897
PROFESSIONAL SERVICES
5538-44000 Professional Services $ 5,556 $ 5,704 $5,704 $ 5,640
TOTAL PROFESSIONAL SERVICES $ 5,556 $ 5,704 $5,704 $ 5,640
CONTACT SERVICES
5538-45500 Contract Services $ 60,024 $ 66,524 $ 66,524 $ 183,693
5538-45509 Tree Maintenance 6,825 6,500 6,500 62,350
TOTAL CONTRACT SERVICES $ 66,849 $ 73,024 $ 73,024 $ 246,043
FUND BALANCE RESERVE
25500 Fund Balance Reserves $ 25,192 $— $— $—
FUND BALANCE RESERVES $ 25,192 $— $— $—
TOTAL USES $ 269,602 $ 337,034 $ 337,034 $ 485,253
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LANDSCAPE MAINTENANCE - DIST. #39 FUND
City of Diamond Bar , California 160 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Landscape
FUND #:139
FUND DESCRIPTION:
The City is responsible for the operations of the LLAD #39. This district was set up in accordance with the Landscape and Lighting Act of 1972. Property owners benefiting from this district receive a special assessment on their property taxes. This fund accounts for this district's operations.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $— $— $— $—
30300 Prop Tax-Special Assessment 294,445 294,764 294,764 294,764
39001 Transfer In - General Fund 178,436 175,072 175,072 80,984
TOTAL RESOURCES $ 472,881 $ 469,836 $ 469,836 $ 375,748
PERSONNEL SERVICES
5539-40010 Salaries $ 14,689 $ 15,265 $ 15,265 $ 16,460
5539-40020 Over Time Wages 491 400 400 400
5539-40070 City Paid Benefits 164 171 171 172
5539-40080 Classic Member Retirement 2,285 2,475 2,475 2,787
5539-40081 Classic Member - UAL Pmt 795 1,598 1,598 1,351
5539-40083 Worker's Comp. Exp.453 444 444 477
5539-40084 Short/Long Term Disability 77 90 90 97
5539-40085 Medicare 219 225 225 240
5539-40090 Benefit Allotment 2,412 2,502 2,502 2,520
TOTAL PERSONNEL $ 21,584 $ 23,170 $ 23,170 $ 24,504
OPERATING EXPENDITURES
5539-42115 Advertising $ 1,358 $ 5,000 $5,000 $ 5,000
5539-42126 Utilities 84,210 139,686 139,686 110,000
5539-42210 Maint. of Grounds/Bldgs 10,015 34,500 34,500 34,500
TOTAL OPERATING EXP $ 95,583 $ 179,186 $ 179,186 $ 149,500
PROFESSIONAL SERVICES
5539-44000 Professional Services $ 23,556 $ 11,504 $ 11,504 $ 5,640
TOTAL PROFESSIONAL SERVICES $ 23,556 $ 11,504 $ 11,504 $ 5,640
CONTACT SERVICES
5539-45500 Contract Services $ 208,476 $ 208,476 $ 208,476 $ 146,500
5539-45509 Tree Maintenance 95,024 6,500 6,500 6,500
5539-45519 Weed Abatement 28,658 41,000 41,000 43,104
TOTAL CONTRACT SERVICES $ 332,158 $ 255,976 $ 255,976 $ 196,104
FUND BALANCE RESERVE
25500 Fund Balance Reserves $— $— $— $—
FUND BALANCE RESERVES $— $— $— $—
TOTAL USES $ 472,881 $ 469,836 $ 469,836 $ 375,748
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LANDSCAPE MAINTENANCE - DIST. # 41 FUND
City of Diamond Bar , California 161 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Landscape
FUND #:141
FUND DESCRIPTION:
The City is responsible for the operations of the LLAD #41. This district was set up in accordance with the Landscape and Lighting Act of 1972. Property owners benefiting from this district receive a special assessment on their property taxes. This fund is to account for the cost of the operations of this special district.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $— $— $— $—
30300 Prop Tax-Special Assessment 124,210 122,157 122,157 122,157
39001 Transfer in - General Fund 102,155 156,213 156,213 142,824
TOTAL RESOURCES $ 226,365 $ 278,370 $ 278,370 $ 264,981
PERSONNEL SERVICES
5541-40010 Salaries $ 14,652 $ 15,265 $ 15,265 $ 16,460
5541-40020 Over Time Wages 485 400 400 400
5541-40070 City Paid Benefits 163 171 171 172
5541-40080 Classic Member Retirement 2,279 2,475 2,475 2,787
5541-40081 Classic Member - UAL Pmt 795 1,598 1,598 1,351
5541-40083 Worker's Comp. Exp.443 444 444 477
5541-40084 Short/Long Term Disability 76 90 90 97
5541-40085 Medicare 218 225 225 240
5541-40090 Benefit Allotment 2,372 2,502 2,502 2,520
TOTAL PERSONNEL $ 21,483 $ 23,170 $ 23,170 $ 24,504
OPERATING EXPENDITURES
5541-42115 Advertising $ 1,352 $ 5,000 $5,000 $ 5,000
5541-42126 Utilities 51,151 74,694 74,694 90,000
5541-42210 Maint. of Grounds/Bldgs 9,447 17,672 17,672 17,672
TOTAL OPERATING EXP $ 61,951 $ 97,366 $ 97,366 $ 112,672
PROFESSIONAL SERVICES
5541-44000 Professional Services $ 28,560 $ 9,500 $9,500 $ 5,640
TOTAL PROFESSIONAL SERVICES $ 28,560 $ 9,500 $9,500 $ 5,640
CONTACT SERVICES
5541-45500 Contract Services $ 68,076 $ 68,076 $ 68,076 $ 59,100
5541-45509 Tree Maintenance —6,500 6,500 6,500
5541-45519 CS-Weed/Pest Abatement 46,296 73,758 73,758 56,565
TOTAL CONTRACT SERVICES $ 114,372 $ 148,334 $ 148,334 $ 122,165
FUND BALANCE RESERVE
25500 Fund Balance Reserves $— $— $— $—
FUND BALANCE RESERVES $— $— $— $—
TOTAL USES $ 226,365 $ 278,370 $ 278,370 $ 264,981
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USED OIL BLOCK GRANT FUND
City of Diamond Bar , California 162 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Grant Fund
FUND #:160
FUND DESCRIPTION:
The Department of Resources Recycling and Recovery (CalRecycle) administers the annual Used Oil Payment Program (OPP) grant program to provide cities with the opportunity to offer used oil recycling and disposal programs.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 16,486 $ 22,037 $ 22,037 $ 22,237
31870 Used Motor Oil Block Grant 15,798 15,800 15,800 15,535
36100 Interest Revenue 335 300 300 200
TOTAL RESOURCES $ 32,619 $ 38,137 $ 38,137 $ 37,972
SUPPLIES
5516-41200 Operating Supplies $ 1,037 $ 3,000 $3,000 $ 1,500
5516-41300 Small Tools and Equipment 4,613 6,000 6,000 6,500
TOTAL SUPPLIES $ 5,649 $ 9,000 $9,000 $ 8,000
OPERATING EXPENDITURES
5516-42110 Printing $ 381 $400 $400 $400
5516-42115 Advertising 885 2,000 2,000 1,300
5516-42120 Postage —1,500 1,500 2,800
TOTAL OPERATING EXP $ 1,265 $ 3,900 $3,900 $ 4,500
PROFESSIONAL SERVICES
5516-44000 Professional Services $ 3,667 $ 3,000 $3,000 $ 3,000
TOTAL PROFESSIONAL SERVICES $ 3,667 $ 3,000 $3,000 $ 3,000
FUND BALANCE RESERVE
25500 Fund Balance Reserves $ 22,037 $ 22,237 $ 22,237 $ 22,472
FUND BALANCE RESERVES $ 22,037 $ 22,237 $ 22,237 $ 22,472
TOTAL USES $ 32,619 $ 38,137 $ 38,137 $ 37,972
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BEVERAGE CONTAINER RECYCLING GRANT FUND
City of Diamond Bar , California 163 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Grant Fund
FUND #:161
FUND DESCRIPTION:
The Department of Resources Recycling and Recovery (CalRecycle) administers this annual grant program to provide cities with the opportunity to offer beverage container recycling programs, including aluminum, glass, plastic and bi-metal.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 53,264 $ 56,172 $ 56,172 $ 34,634
31875 Beverage Container Grant 14,462 14,562 14,562 14,370
36100 Interest Revenue 1,035 900 900 700
TOTAL RESOURCES $ 68,761 $ 71,634 $ 71,634 $ 49,704
OPERATING EXPENDITURES
5516-41200 Supplies $ 8,992 $— $— $—
5516-41300 Small Tools & Equipment —37,000 37,000 6,000
5516-42110 Printing 987 ——1,500
5516-42115 Advertising 2,610 ——3,000
5516-42120 Postage ———2,800
TOTAL OPERATING EXP $ 12,589 $ 37,000 $ 37,000 $ 13,300
PROFESSIONAL SERVICES
5516-44000 Professional Services $— $— $— $ 1,000
TOTAL PROFESSIONAL SERVICES $— $— $— $ 1,000
FUND BALANCE RESERVE
25500 Fund Balance Reserves $ 56,172 $ 34,634 $ 34,634 $ 35,404
FUND BALANCE RESERVES $ 56,172 $ 34,634 $ 34,634 $ 35,404
TOTAL USES $ 68,761 $ 71,634 $ 71,634 $ 49,704
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HAZARD MITIGATION GRANT FUND
City of Diamond Bar , California 164 FY 2020/21 Proposed Budget
DEPARTMENT:SpecialRevenue
DIVISION:Grant Fund
FUND #:163
FUND DESCRIPTION:
The City received a grant from FEMA in order to update the City's Hazard Mitigation Plan. This plan establishes the City's strategy to implement improvements and programs to lessen community impacts in the event of natural hazard events.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $— $— $— $—
31883 Hazard Elimination Pgm ———45,000
39001 Transfer In - General Fund ———15,000
TOTAL RESOURCES $— $— $— $ 60,000
PROFESSIONAL SERVICES
4440-44000 Professional Services $— $— $— $ 60,000
TOTAL PROFESSIONAL SVCS $— $— $— $ 60,000
FUND BALANCE RESERVE
25500 Fund Balance Reserves $— $— $— $—
FUND BALANCE RESERVES $— $— $— $—
TOTAL USES $— $— $— $ 60,000
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CAPITAL IMPROVEMENT PROJECT LIST
City of Diamond Bar , California 166 FY 2020/21 Proposed Budget
Project #Project Description Status TotalBudget (108)RMRA
(109)MeasureM
Street Improvement Projects (250-5510-46411)
01420 *
Residential and Collector StreetRehab.- Area 1a, 1b, 2 (Design)Arterial Street Rehab (Design)(DBB from Pathfinder to MountainLaurel)(Golden Springs from Brea Canyon toLemon)(Golden Springs from Grand to BCY)
Carryover -In Design $ 82,779 $ — $ 82,779
02120 *Arterial Street Rehab (DBB fromPathfinder to Mountain Laurel Way)(Const.)
Carryover -In Design 1,200,000 1,200,000 —
Total - Street ImprovementProjects $1,282,779 $1,200,000 $ 82,779
Project #Project Description Status TotalBudget (112)Prop A (113)Prop C
Project #
24120 *Battery Back Up System- Final 11Locations (Design andConstruction)
Carryover 107,000 53,500 53,500
Total - Traffic Projects $ 107,000 $ 53,500 $ 53,500
Project #Project Description Status TotalBudget (113)Prop C
FoothillTransitGrant
Transportation Infrastructure Improvements (250-5510-46413)
23318 *Lemon Avenue Quiet Zone Carryover $ 60,000 $ 60,000 $ —
23420 *Bus Shelter Replacement - GSD/Calbourne Carryover 40,000 — 40,000
Total-Transportation InfrastructureImprovements $ 100,000 $ 60,000 $ 40,000
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CAPITAL IMPROVEMENT PROJECT LIST
City of Diamond Bar , California 167 FY 2020/21 Proposed Budget
Project #Project Description Status TotalBudget MSRCGrant (108)RMRA
(109)MeasureM
(113)Prop C (118)AB2766 (119)TDA
Miscellaneous PW Improvements (250-5510-46420)
22818 *Grand/GSD IntersectionEnhancement (Construction)Carryover $1,378,040 $ — $876,811 $207,691 $219,443 $ — $ 74,095
26319 *Electric Charging Station at City Hall Carryover 63,860 38,930 — — — 24,930 —
Total-Miscellaneous PWImprovements $1,441,900 $ 38,930 $ 876,811 $207,691 $219,443 $ 24,930 $ 74,095
Project #Project Description Status TotalBudget (122)Quimby
(540)Building &FacilitiesFund
Facilities, Parks and Rec Improvements (250-5556-46415)
25517 *Canyon Loop Trail (Design)Carryover -In Design $ 37,780 $ 37,780 $ —
25120 *DBC Slope Stabilization Project(Design)Carryover -In Design 75,000 — 75,000
FP21100 Heritage Park - New Roof New 100,000 —100,000
TOTAL $ 212,780 $ 37,780 $ 175,000
FY 20-21 CIP Projects Grand Total $3,144,459
*Indicates carryover of project from FY 18-19
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CAPITAL IMPROVEMENT PROJECT LIST
City of Diamond Bar , California 168 FY 2020/21 Proposed Budget
Funding Source Totals CIP Project Type Totals
108 RMRA (SB-1)$2,076,811 Street Improvements $ 1,282,779
109 Measure M 290,470 Traffic Management/Safety Improvements 107,000
112 Prop A 53,500 Transportation Infrastructure Improvements 100,000
113 Prop C 332,943 Miscellaneous PW Improvements 1,441,900
118 AB2766 24,930 Facilities, Parks and Rec. Improvements 212,780
119 SB 821 Fund - Bike and Pedestrian Paths (TDA)74,095 $ 3,144,459
122 Quimby Funds 37,780
250 MSRC Grant 38,930
540 Building & Facilities Maintenance Fund 175,000
250 Foothill Transit Grant 40,000
Total $ 3,144,459
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City of Diamond Bar , California 169 FY 2020/21 Proposed Budget
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City of Diamond Bar , California 170 FY 2020/21 Proposed Budget
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City of Diamond Bar , California 171 FY 2020/21 Proposed Budget
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City of Diamond Bar , California 172 FY 2020/21 Proposed Budget
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City of Diamond Bar , California 173 FY 2020/21 Proposed Budget
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City of Diamond Bar , California 174 FY 2020/21 Proposed Budget
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City of Diamond Bar , California 175 FY 2020/21 Proposed Budget
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City of Diamond Bar , California 176 FY 2020/21 Proposed Budget
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City of Diamond Bar , California 177 FY 2020/21 Proposed Budget
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City of Diamond Bar , California 178 FY 2020/21 Proposed Budget
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CAPITAL IMPROVEMENT PROJECTS FUND
City of Diamond Bar , California 179 FY 2020/21 Proposed Budget
DEPARTMENT:Capital Project
DIVISION:Capital Project
FUND #:250
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Appropriated Fund Balance $ (48,299) $ (319,814) $ (319,814) $ (319,814)
31334 County Contr - Library 128,696 ———
31620 FEMA Revenue — 408,610 408,610 —
31809 MSRC Grant —38,930 —38,930
31814 Habitat Conservation Grant — 292,000 —37,780
31816 CDAA Revenue 10,215 125,988 125,988 —
31820 Land & Conservation Grant 58,972 ———
31952 Foothill Transit Grant —80,000 40,000 40,000
39001 Transfer in - General Fund 1,052,619 968,839 888,839 —
39107 Transfer in - Measure W — 453,000 ——
39108 Transfer in - RMRA Fund 20,768 1,856,044 379,233 2,076,811
39109 Transfer in - Measure M 501,186 1,212,384 571,914 290,470
39110 Transfer in - Measure R 631,488 719,492 719,492 —
39111 Transfer in - Gas Tax 354,228 476,039 426,039 —
39112 Transfer in - Prop A - Transit 71,236 287,863 187,863 53,500
39113 Transfer in - Prop C - Transit 341,316 894,443 515,000 332,943
39116 Transfer in - Traffic Mitigation 37,674 110,000 ——
39117 Transfer in - Sewer Mitigation —64,551 64,551 —
39118 Transfer in - AB2766 49,265 24,930 —24,930
39119 Transfer in - Trails Fund 23,631 108,706 34,611 74,095
39120 Transfer in - MTA Grants Fund 113,975 1,228,066 1,228,066 —
39121 Transfer in - Waste Hauler Fund 180,225 134,469 134,469 —
39122 Transfer in - Quimby 8,309 217,902 217,902 —
39124 Transfer in - Park Development (4,070) 49,114 49,114 —
39125 Transfer in - CDBG 340,611 160,000 160,000 —
39131 Transfer in - Street Beautification ————
39132 Transfer in - Measure A 184,805 185,000 ——
39540 Transfer in - Build & Fac Maint —67,856 67,856 175,000
TOTAL RESOURCES $ 4,056,849 $$ 9,844,412 $$ 5,899,733 $$ 2,824,645
CAPITAL OUTLAY
5510-46411 Street Improvements 1,771,446 3,439,233 2,756,454 1,282,779
5510-46412 Traffic Mgmt Improvements 612,561 2,015,928 1,415,929 107,000
5510-46413 Transportation Infrastructure 831 165,803 65,803 100,000
5510-46420 Misc. Capital Improvements 664,806 2,130,756 233,855 1,441,900
5556-46415 Park Improvements 1,327,020 2,412,506 2,412,506 2,412,506
TOTAL CAPITAL OUTLAY $ 4,376,663 $$ 10,164,226 $$ 6,219,547 $ 3,144,459
FUND BALANCE RESERVES
25500 Reserves $ (319,814) $ (319,814) $ (319,814) $ (319,814)
FUND BALANCE RESERVES $ (319,814) $ (319,814) $ (319,814) $ (319,814)
TOTAL USES $ 4,056,849 $ 9,844,412 $ 5,899,733 $ 2,824,645
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DEBT SERVICE FUND
City of Diamond Bar , California 181 FY 2020/21 Proposed Budget
FUND TYPE:Debt Service
FUNCTION:Debt Service
FUND #:370
FUND DESCRIPTION:
This fund was established to account for the debt service on the 2002 fixed rate bonds used to finance the Diamond Bar Center. The fund will account for principal and interest payments on the bonds and any banking charges related to the bond. The costs will be reimbursed by means of a transfer from the General Fund. The bonds will mature June 1, 2033. The outstanding principal balance at June 30, 2021 is $7,830,000.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 199 $ 362 $ 362 $ 362
36100 Investment Earnings 412 600 600 400
39001 Transfer from General Fund 857,942 860,706 860,206 867,006
TOTAL RESOURCES $ 858,553 $ 861,668 $ 861,168 $ 867,768
OTHER EXPENDITURES
5333-42128 Banking Charges $ 3,285 $ 3,500 $ 3,500 $ 3,500
5333-47050 Bond Principal 440,000 460,000 460,000 485,000
5333-47100 Interest Expense 414,906 397,306 397,306 378,906
TOTAL OTHER EXP $ 858,191 $ 860,806 $ 860,806 $ 867,406
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 362 $ 862 $ 362 $ 362
FUND BALANCE RESERVES $362 $ 862 $362 $362
TOTAL USES $ 858,553 $ 861,668 $ 861,168 $ 867,768
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SELF INSURANCE FUND
City of Diamond Bar , California 183 FY 2020/21 Proposed Budget
FUND TYPE:Internal Service
FUNCTION:Self Insurance
FUND #:510
FUND DESCRIPTION:
This fund was established in accordance with Resolution #89-53. The resolution states the City will establish a self-insurance reserve fund. The purpose of the fund shall be to pay all self-assumed losses and related costs. Contributions to the fund shall be from the General Fund.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000
36100 Interest Revenue 11,873 10,000 10,000 7,500
39001 Transfer in - General Fund 400,435 487,451 486,451 504,500
TOTAL RESOURCES $ 1,412,308 $ 1,497,451 $ 1,496,451 $ 1,512,000
OTHER EXPENDITURES
4081-47200 Insurance Expenditures $ 42,927 $ 46,292 $ 46,292 $ 57,000
4081-47210 Insurance Deposits 369,381 450,159 450,159 455,000
TOTAL OTHER EXP $ 412,308 $ 496,451 $ 496,451 $ 512,000
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 1,000,000 $ 1,001,000 $ 1,000,000 $ 1,000,000
FUND BALANCE RESERVES $ 1,000,000 $ 1,001,000 $ 1,000,000 $ 1,000,000
TOTAL USES $ 1,412,308 $ 1,497,451 $ 1,496,451 $ 1,512,000
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VEHICLE MAINTENANCE & REPLACEMENT FUND
City of Diamond Bar , California 184 FY 2020/21 Proposed Budget
FUND TYPE:InternalService
FUNCTION:Equip Maint/Replacement
FUND #:520
FUND DESCRIPTION:
This fund was established in FY99-00 to incorporate a method for the eventual replacement of the City's vehicles and associated equipment. The vehicles and equipment will be capitalized over its useful life expectancy. Beginning with FY 2015/16 the fleet fuel and maintenance costs will also be tracked in this fund. The necessary funds to cover the costs incurred are transferred from the General Fund.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 532,721 $ 395,725 $ 395,725 $ 124,725
36100 Investment Revenue 5,458 5,000 5,000 3,500
39001 Transfer in - General Fd ——— 172,150
TOTAL RESOURCES $ 538,179 $ 400,725 $ 400,725 $ 300,375
OPERATING EXPENDITURES
4030-42310 Fuel - City Manager $ — $ — $ 1,000 $ 2,400
4093-42310 Fuel - Pool Cars 4,066 5,500 5,500 5,500
5333-42310 Fuel - DBC 500 500 500 500
5230-42310 Fuel - Neighborhood Improvement 2,341 2,900 2,900 3,000
5556-42310 Fuel - Parks & Facilities 19,317 19,500 19,500 19,500
5554-42310 Fuel - Road Maintenance 7,620 8,000 8,000 8,000
4030-42203 Vehicle Maint - City Manager 311 500 600 1750
4093-42203 Vehicle Maint - Pool Cars 5,414 5,000 5,000 6,000
5230-42203 Vehicle Maint - NI 1,416 2,500 2,500 3,000
5350-42203 Vehicle Maint - Recreation 91 ———
5556-42203 Vehicle Maint - Parks & Facilities 21,029 20,000 20,000 20,000
5554-42203 Vehicle Maint - Road Maint 3,210 7,500 7,500 7,500
4090-42215 Depreciation Expense 77,229 75,000 78,000 80,000
TOTAL OPERATING EXP 142,454 146,900 151,000 157,150
CAPITAL OUTLAY
4090-46100 Auto Equipment $ — $ 97,000 $ 97,000 $ 15,000
5554-46250 Miscellaneous Equipment — 40,000 28,000 —
TOTAL CAPITAL OUTLAY $ — $ 137,000 $ 125,000 $15,000
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 395,725 $ 116,825 $ 124,725 $ 128,225
FUND BALANCE RESERVES $ 395,725 $ 116,825 $ 124,725 $ 128,225
TOTAL USES $ 538,179 $ 400,725 $ 400,725 $ 300,375
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EQUIPMENT MAINTENANCE & REPLACEMENT FUND
City of Diamond Bar , California 185 FY 2020/21 Proposed Budget
FUND TYPE:Internal Service
FUNCTION:Equip Maint/Rpl
FUND #:530
FUND DESCRIPTION:
This fund has been established to assist the City in funding and anticipating various equipment replacement and/or enhancements. The equipment will be capitalized over the life expectancy and the amount will be transferred into this fund from the General Fund.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 783,755 $ 2,034,476 $ 2,034,476 $ 1,375,848
36100 Investment Revenue 9,539 20,000 20,000 15,000
39001 Transfer in - General Fund 1,169,870 109,000 183,176 91,150
39018 Transfer in - Tech Reserve Fund 294,898 ———
TOTAL RESOURCES $ 2,258,062 $ 2,163,476 $ 2,237,652 $ 1,481,998
OPERATING EXPENDITURES
4070-42215 Depreciation - Expense $ 122,326 $ 150,000 $ 150,000 $ 150,000
TOTAL OPERATING EXP $ 122,326 $ 150,000 $ 150,000 $ 150,000
CAPITAL OUTLAY
4070-46230 Computer Equip-Hardware $ 14,106 $ 190,876 $ 183,176 $ 91,150
4070-46235 Computer Equip-Software 87,154 936,049 528,628 501,077
TOTAL CAPITAL OUTLAY $ 101,260 $ 1,126,925 $ 711,804 $ 592,227
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 2,034,476 $ 886,551 $ 1,375,848 $ 739,771
FUND BALANCE RESERVES $ 2,034,476 $ 886,551 $ 1,375,848 $ 739,771
TOTAL USES $ 2,258,062 $ 2,163,476 $ 2,237,652 $ 1,481,998
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BUILDING FACILITY & MAINTENANCE FUND
City of Diamond Bar , California 186 FY 2020/21 Proposed Budget
FUND TYPE:Internal Service
FUNCTION:Equip Maint/Replacement
FUND #:540
FUND DESCRIPTION:
This fund was established in FY12-13 to incorporate a method to fund the eventual replacement of equipment and capital repairs at City Hall, Diamond Bar Center and other City facilities.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 444,107 $ 432,283 $ 432,283 $ 365,998
36100 Investment Revenue 9,536 7,000 7,000 5,000
39001 Transfer In - General Fund —— 200,000 —
TOTAL RESOURCES $ 453,643 $ 439,283 $ 639,283 $ 370,998
CAPITAL OUTLAY
4093-46410 Capital Improvements $ 18,000 $ 10,000 $ — $—
5333-46410 Capital Improvements 3,360 147,770 154,229 10,000
5556-46410 Capital Improvements — 86,200 51,200 90,000
TOTAL CAPITAL OUTLAY $ 21,360 $ 243,970 $ 205,429 $ 100,000
TRANSFERS OUT
9915-49250 Transfer Out - CIP Fund $ — $ 67,856 $ 67,856 $ 175,000
TOTAL TRANSFERS OUT $ — $ 67,856 $ 67,856 $ 175,000
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 432,283 $ 127,457 $ 365,998 $ 95,998
FUND BALANCE RESERVES $ 432,283 $ 127,457 $ 365,998 $95,998
TOTAL USES $ 453,643 $ 439,283 $ 639,283 $ 370,998
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3.1.a
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OTHER POST EMPLOYMENT BENEFITS TRUST
City of Diamond Bar , California 188 FY 2020/21 Proposed Budget
FUND TYPE:Fiduciary Funds
FUNCTION:OPEB Trust
FUND #:620
FUND DESCRIPTION:
This fund was established in accordance with the GASB Statement 74 (previously GASB 43) for PostEmployment Benefit Plans Other Than Pension Plans.
FY 18/19Actual FY 19/20Adjusted FY 19/20Projected FY 20/21Proposed
ESTIMATED RESOURCES
25500 Fund Balance Reserves $ 240,630 $ 345,828 $ 345,828 $ 453,828
36100 Interest Revenue 18,070 20,000 20,000 15,100
39020 Contrib from OPEB Reserve 87,128 88,000 88,000 88,000
TOTAL RESOURCES $ 345,828 $ 453,828 $ 453,828 $ 556,928
FUND BALANCE RESERVES
25500 Fund Balance Reserves $ 345,828 $ 453,828 $ 453,828 $ 556,928
FUND BALANCE RESERVES $ 345,828 $ 453,828 $ 453,828 $ 556,928
TOTAL USES $ 345,828 $ 453,828 $ 453,828 $ 556,928
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3.1.a
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GLOSSARY
City of Diamond Bar , California 190 FY 2020/21 Proposed Budget
Accounting System The set of records and procedures that are used torecord, classify, and report information of thefinancial status and operations of an entity.
Appropriation Money set aside by the City Council for a specificpurpose.
Appropriation Limit The calculated dollar amount that restricts theability to receive and appropriate proceeds oftaxes.
Balanced Budget A budget in which sources of income (revenue) isequal to spending uses (expenditures).
Baseline Budget A baseline budget serves as the starting point forCity departments' budget, and typically includesinitial revenue and expenditure projections.
Beginning/EndingFund Balance
Unencumbered resources available in a fund fromthe prior/current year after payment of the prior/current year expenses.
Budget The City's financial plan for the 12 month periodthrough June, which details spending priorities forthe year and how the City will pay for them.
Budget Calendar The schedule of key dates or milestones, which theCity follows in the preparation and adoption of thebudget.
Capital ImprovementProgram (CIP)
Funds used to account for the purchase orconstruction of major capital projects, which arenot financed by proprietary, special assessment ortrust funds.
Capital Outlays Expenditures for the acquisition of capital assets.
Capital Project Any improvement or acquisition of major facilitieswith a useful life of at least five years such as roads,bridges, buildings, or land.
Carry-over A quantity left over or held for future use.
CommunityDevelopment BlockGrants (CDBG)
Funds established to account for revenues from thefederal government and expenditures as prescribedunder the Community Development Block Grantprogram.
Cost Allocation A method used to charge general fund overheadcosts to other funds such as an Internal ServiceFund.
Debt An obligation resulting from the borrowing of moneyor for the purchase of goods and services.
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GLOSSARY
City of Diamond Bar , California 191 FY 2020/21 Proposed Budget
Debt Service Interest and principal payments on debt issued formajor projects.
Department An organizational unit comprised of programs ordivisions.
Encumbrance A legal obligation to pay funds, an expenditure ofwhich has not yet occurred.
Expense A cost incurred for operations, maintenance,interest or other charges.
Fee A general term used for any charge levied bygovernment for providing a service or performingan activity.
Fiscal Year (FY)
A 12-month accounting period that doesn'tnecessarily correspond to the calendar year.Diamond Bar's fiscal year starts on July 1 and in anygiven year and ends on June 30 of the followingyear.
Franchise Fees
Companies are granted special privileges for thecontinued use of public property, such as citystreets. Such companies usually involve elements ofmonopoly and may require regulation. TheFranchise Fees are the amounts required for thecontinued granting of these privileges. Franchisescurrently granted within the City are Electric, Gas,Cable TV, Bus Benches, and Waste Hauler.
Full-Time Equivalent(FTE)A position converted to the decimal equivalent of afull-time position based on 2,080 hours per year.
Fund A self-balancing set of accounts.
Fund Balance
The amount of financial resources in a given fundthat are not restricted to fund existing commitmentsand are therefore available for any use permittedfor the fund.
General Fund A general fund typically is the chief operating fundof a government.
Interfund Transfers Payments from one fund to another fund, primarilyfor work or services provided.
Internal Service Fund A fund accounting for centralized services providedto various City departments where the cost isreimbursed.
Operating Budget The annual appropriation of funds for on-goingprogram costs, which include salaries, benefits,maintenance, operation, and capital outlay items.
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GLOSSARY
City of Diamond Bar , California 192 FY 2020/21 Proposed Budget
Operating Costs Estimated expenses that can be expected to occur.
Restricted FundBalance The part of a fund that is legally limited to a specificuse.
Revenue Sources of income that finance the operations ofgovernment.
Sales and Use Tax As a result of the Bradley-Burns Local Sales and Usetax law, 1% of the Sales & Use Tax is to be distributedto the City.
Special RevenueFunds
A fund that collects revenues that are restricted bythe City, State or federal government as themethod by which they may be spent.
Transient OccupancyTax (TOT)
These revenues are received on a monthly basisfrom the hotels in the City. The hotels are required topay a 10% tax based on the amount of their roomrental revenues.
Unrestricted FundBalance The part of a fund not restricted for a specific useand available for general use.
Vehicle License Fee(VLF)
Are collected by the State of California whenvehicles are registered with the CaliforniaDepartment of Motor Vehicles and distributed tovarious public agencies, including the City.
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APPROPRIATION LIMIT CALCULATION
City of Diamond Bar , California 193 FY 2020/21 Proposed Budget
Article XIIIB of the California State Constitution, more commonly referred to as the Gann Initiative
or Gann Limit, was approved by California voters in November 1979 and placed limits on the
amount of proceeds of taxes that state and local governmental agencies can receive and spend
in one year.
The limit is different for each agency and the limit changes each year. Each year's limit is based
on the amount of tax proceeds that were authorized to be spent in fiscal year 1978-79 in each
agency, modified for changes in inflation and population in each subsequent year. For cities which
incorporated after 1978-79, such as the City of Diamond Bar, the initial appropriations limit was set
by the voters at the time of incorporation. The City of Diamond Bar's base year is 1989-90.
Each year the City Council must adopt, by resolution an appropriations limit for the following year.
The factor that the City uses to compute the appropriation limit is base on the growth factor of
change in the Los Angeles County population change over the prior year and the change in the
State of California per capita income over the prior year. By using this factor the City will have an
appropriation limit of $49,761,208 for FY 2020-2021. This City's total proposed appropriations subject
to the limitation is $32,498,991 which is $17,262,217 less than the FY 2020-2021 limit of $49,761,208.
2020 - 2021
California Per Capita Income 3.73 %
% Change over Prior Year
Population Change (0.11)%
% Change over Prior Year (County)
Per Capita converted to a Ratio 1.0373
Population converted to a Ratio 0.9989
Calculation of Growth Factor 1.0362
(Growth Factor = Per Capita Ratio x Population Ratio)
2019-2020 Appropriations Limit 48,024,685
2020-2021 Appropriations Limit $49,761,208
(New Appropriations Limit = Prior Year Appropriations Limit x Growth Factor)
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APPROPRIATION LIMIT CALCULATION
City of Diamond Bar , California 194 FY 2020/21 Proposed Budget
1989-90 Base Year 9,882,416
1990-91 Adjusted Base 10,785,669
1991-92 Adjusted Base 11,585,192
1992-93 Adjusted Base 11,762,247
1993-94 Adjusted Base 12,275,495
1994-95 Adjusted Base 13,169,824
1995-96 Adjusted Base 14,005,207
1996-97 Adjusted Base 14,729,615
1997-98 Adjusted Base 15,608,665
1998-99 Adjusted Base 16,482,389
1999-00 Adjusted Base 17,561,562
2000-01 Adjusted Base 18,772,045
2001-02 Adjusted Base 20,576,003
2002-03 Adjusted Base 22,364,058
2003-04 Adjusted Base 24,723,466
2004-05 Adjusted Base (revision)25,886,770
2005-06 Adjusted Base (revision)27,569,946
2006-07 Adjusted Base 28,885,277
2007-08 Adjusted Base 30,379,173
2008-09 Adjusted Base 31,954,909
2009-10 Adjusted Base 33,809,489
2010-11 Adjusted Base 33,408,743
2011-12 Adjusted Base 34,377,442
2012-13 Adjusted Base 35,809,031
2013-14 Adjusted Base 37,902,186
2014-15 Adjusted Base 38,109,968
2015-16 Adjusted Base 39,891,361
2016-17 Adjusted Base 42,563,150
2017-18 Adjusted Base 44,385,292
2018-19 Adjusted Base 46,248,905
2019-20 Adjusted Base 48,024,685
2020-21 Adjusted Base 49,761,208
3.1.a
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RESOLUTION NO. 2020-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SETTING
THE PROPOSITION 4 (GANN) APPROPRIATIONS LIMIT FOR FISCAL
YEAR 2020-2021 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE
WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE
GOVERNMENT CODE
WHEREAS, Article XIII B of the Constitution of the State of California (enacted
with the passage of Proposition 4 in 1979 and modified with the passage of Proposition
111 in 1990), provides that the total annual appropriations limit of such entity for the prior
year be adjusted for changes in the non-residential assessed valuation or the percentage
change in the California Per Capita Income and population except as otherwise
specifically provided for in said Article; and
WHEREAS, Section 7910 of the Government Code provides that each year the
governing body of each local jurisdiction shall, by resolution, establish its appropriations
limit for the following fiscal year pursuant to Article XIII B at a regularly scheduled meeting
or a noticed special meeting. Prior to such meeti ng, documentation used in the
determination of the appropriation limit shall be available to the public; and
WHEREAS, Proposition 111 as approved by the voters of the State of California,
revised the method for calculating the Gann Spending Limit, it also requires a recorded
voice vote of the City Council regarding which of the annual adjustment factors have been
selected each year; and
WHEREAS, Section 7902 (a) and 7902.6 of the Government Code sets forth the
method for determining the appropriations lim it for each local jurisdiction for the fiscal
year; and
WHEREAS, the City Council of the City of Diamond Bar wishes to establish the
appropriation limit for fiscal year 2020-2021 for the City of Diamond Bar.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar, California, as follows:
Section 1. That it is hereby found and determined that the documentation used
in the determination of the appropriations limit for the City of Diamond Bar for fiscal
year 2020-2021 was available to the public in City offices of said City at least fifteen
days prior to this date.
Section 2. That the County of Los Angeles LAFCO, established the original
appropriation limit for the newly incorporated City.
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Resolution No. 2020-18
2
Section 3. That the factor selected is the growth factor of the County population
change over the prior year and the change in the California per capita income as
the annual adjustment growth factor for use in calculating the Fiscal Year 2019 -
2020 Appropriations Limit.
Section 4. That the Appropriation Limit for the City of Diamond Bar as
established in accordance with Section 7902(a) and Section 7902.6 of the
California Government Code is $49,761,208 for fiscal year 2020-2021.
Section 5. That the Mayor of the City of Diamond Bar shall sig n and the City
Clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of June, 2020.
______________________________
Steve Tye, Mayor
ATTEST:
I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the
foregoing resolution was duly passed, approved and adopted by the City Council of the
City of Diamond Bar at a regular meeting held on the 16th day of June, 2020, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_____________________________
Kristina Santana, City Clerk
3.1.b
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RESOLUTION NO. 2020-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING AND ADOPTING THE CITY OPERATING BUDGET AND
CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF DIAMOND
BAR FOR THE FISCAL YEAR COMMENCING JULY 1, 2020 AND
ENDING JUNE 30, 2021 AND APPROPRIATING FUNDS NECESSARY
TO MEET THE EXPENDITURES SET FORTH THEREIN
WHEREAS, the City Manager has submitted for the consideration of the City
Council a proposed City Operating Budget and City Capital Improvement Program for FY
2020-2021;
WHEREAS, the proposed Operating Budget and City Capital Improvement
Program for FY 2020-2021 was reviewed and considered in two public budget study
sessions and in a public City Council meeting;
WHEREAS, the Planning Commission of the City of Diamond Bar has publicly
reviewed the proposed Capital Improvement Program for FY 2020-2021 and found it to
be in conformity with the City’s General Plan as required by California Government Code
Section 65401;
WHEREAS, Section 4.1 of City Council Policy 2019-01, Fund Balance and
Reserve Policy, establishes a Contingency Reserve Fund to adequately provide for
economic uncertainties, local emergencies or disasters, and other financial hardships or
downturns in the local or national economy. Based on this Policy, the City Council has
committed to maintain a Contingency Reserve Fund Balance of no less than 25% of the
General Fund expenditures, including operating transfers which equates to $6,452,790;
WHEREAS, the COVID-19 global pandemic has caused dramatic and rapid
changes in the National, State, County and local economies resulting in a substantial loss
of revenue and has created a great deal of uncertainty in estimating expected revenue
and expenditures;
WHEREAS, the City Council has appropriated funds from the Contingency
Reserve Fund in the amount of $1,250,000 for FY 2019-2020 and $850,000 for FY 2020-
2021 to provide for a balanced budget;
WHEREAS, the City Council has suspended the minimum annual reserve fund
contributions as identified in Council Policy 2019-01, Fund Balance and Reserves Policy,
for the Building Facilities & Maintenance Fund and the Technology Reserve Fund ;
WHEREAS, copies of the City Operating Budget and Capital Improvement
Program for FY 2020-2021 are on file in the office of the City Clerk labeled “City of
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Resolution No. 2020-17
2
Diamond Bar FY 2020-2021 Budget” and said Budget is made a part of this Resolution
and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
Section 1. The City Council has reviewed the proposed Operating Budget and
Capital Improvement Program and the funds included therein for the fiscal year (FY)
commencing July 1, 2020 through June 30, 2021 and hereby finds that such budgets, as
revised, are sound plans for the financing during FY 2020-2021 of required City
operations, services and capital improvements. Such budgets are hereby adopted and
appropriated as follows:
Programs FY 2020-2021 Budget
General Government $6,098,350
Public Safety $8,060,870
Community Development $2,259,641
Public Works $8,764,622
Parks & Recreation $3,204,592
Debt Service $867,406
Internal Service $1,526,377
Subtotal – Operating Budget $30,781,858
Capital Improvement Program $3,144,459
Total FY 2020-2021 Budget $33,926,317
Section 2. The City Manager is hereby authorized to transfer funds
appropriated hereby or by supplemental appropriation as follows: with respect to
departments, the City Manager may transfer amounts between and within departments,
but only within a fund.
Section 3. Encumbrances for all funds at the end of FY 2019-2020 will be re-
appropriated for continued use in FY 2020-2021.
PASSED, APPROVED AND ADOPTED this 16th day of June, 2020.
_____________________________
Steve Tye, Mayor
ATTEST:
I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the
foregoing resolution was duly passed, approved and adopted by the City Council of the
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Resolution No. 2020-17
3
City of Diamond Bar at a regular meeting held on the 16th day of June, 2020, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_____________________________
Kristina Santana, City Clerk
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RESOLUTION NO. 2020-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
ADOPTING THE STATEMENT OF INVESTMENT
A. RECITALS.
WHEREAS, it is the City’s policy to annually adopt the City Investment Po licy;
and
WHEREAS, the Investment Policy is intended to provide guidelines for the
prudent investment of the City’s temporarily idle cash and to outline the policies for
maximizing the efficiency of the City’s cash management system.
B. RESOLUTION.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Council of the City of Diamond Bar adopts the attached
Statement of Investment Policy (Exhibit A).
PASSED, APPROVED AND ADOPTED THIS 16th day of June, 2020.
_____________________________
Steve Tye, Mayor
ATTEST:
I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the
foregoing resolution was duly passed, approved and adopted by the City Council of the
City of Diamond Bar at a regular meeting held on the 16th day of June, 2020, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_____________________________
Kristina Santana, City Clerk
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Agenda #: 4.1
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE JUNE 2, 2020 MEETING.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the June 2, 2020 Regular City Council meeting minutes.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Minutes have been prepared and are being presented for approval.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.1.a June 2, 2020 City Council Minutes
4.1
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CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JUNE 2, 2020
CALL TO ORDER: Mayor Tye called the Regular City Council meeting to
order at 6:30 p.m.
Mayor Tye stated that consistent with COVID-19 regulations, all Council Members and
staff are participating via teleconference and there is no physical location for public
attendance. The Public has been invited to join the meeting online or by phone at the
numbers printed on the agenda.
PLEDGE OF ALLEGIANCE: Mayor Tye led the Pledge of Allegiance.
ROLL CALL: Council Members Andrew Chou, Ruth Low, Jennifer
“Fred” Mahlke, Mayor Pro Tem Nancy Lyons, and
Mayor Steve Tye
Staff participating telephonically: Dan Fox, City Manager; Ryan McLean, Assistant
City Manager; David DeBerry, City Attorney; Ryan Wright, Parks and Recreation
Manager; Anthony Santos, Assistant to the City Manager; David Liu, Public Works
Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; May Nakajima,
Associate Planner; Dianna Honeywell, Director of Finance, Greg Gubman, Director
of Community Development; Ryan Wright, Director of Parks and Recreation; Ken
Desforges, Director of Information Services; Alfredo Estevez, Information Systems;
Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information
Coordinator; Cecilia Arellano, Public Information Coordinator; J.R. Ybarra, Media
Specialist; Kristina Santana, City Clerk
APPROVAL OF AGENDA: As presented.
1. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
2. PUBLIC COMMENTS:
CC/Santana stated that in an email to the City, Bobby Roberts asked the City
Council to let the residents vote this November to allow marijuana dispensaries to
operate in the City.
Jody Roberto stated that on behalf of the Diamond Bar Community Foundation,
she updated the Council on the Foundation’s special program DB Connects which
was implemented to address hardship resulting from COVID-19 and connects local
Diamond Bar restaurants with families and seniors in need. To date, this program
has provided 43 meals which are paid for by generous donations from the Diamond
Bar Community Foundation Board Members, residents and sponsors. The
Foundation is reaching out to the community for recommendations and referrals
for anyone in need who recently lost income and/or jobs as well as, housebound
seniors who would like to sign up for a free meal from a Diamond Bar restaurant .
People are asked to email the Foundation at www.info@thedbcf.org and provide
4.1.a
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JUNE 2, 2020 PAGE 2 CITY COUNCIL
the name, email and phone number of the person being recommended for this
service. Donations are accepted through PayPal on the Diamond Bar Community
Foundation website www.thedbcf.org Ms. Roberto thanked everyone who has
generously donated to this program.
3. CONSENT CALENDAR: C/Low moved, MPT/Lyons seconded, to
approve the Consent Calendar with the exception of Item 3.5 withdrawn for
separate consideration. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons, M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
3.1 APPROVED CITY COUNCIL MINUTES:
3.1a MAY 19, 2020 STUDY SESSION MINUTES
3.1b MAY 19, 2020 REGULAR CITY COUNCIL MEETING
3.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES:
3.2a REGULAR MEETING OF FEBRUARY 25, 2020
3.2b REGULAR MEETING OF APRIL 28, 2020
3.3 RATIFIED CHECK REGISTER DATED MAY 7, 2020 THROUGH MAY 20,
2020 TOTALING $634,455.70.
3.4 APPROVED TREASURER’S STATEMENT FOR THE MONTH OF APRIL
2020.
ITEMS WITHDRAWN FROM CONSENT CALENDAR:
3.5 ADOPTED RESOLUTION NO. 2020-14 AMENDING THE CITY’S
PERSONNEL RULES AND REGULATIONS EFFECTIVE JUNE 2, 2020.
C/Low asked for clarification of the term “as defined” on Item 23 on Page
19 Performance Pay in the personnel manual. CM/Fox responded that “as
defined” is what the City’s internal performance metrics would be as part of
the performance review process. Those details are not provided in the
Personnel Rules & Regulations and are provided for within the actual
performance evaluation and vary between classes of employment as well.
C/Low asked if CA/DeBerry read and approved the language.
CA/DeBerry responded that he reviewed and approved that section of the
manual and is comfortable with the language as stated.
C/Low said that on Page 104, there is a section that speaks to
administrative leave and states that the City Manager can grant
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JUNE 2, 2020 PAGE 3 CITY COUNCIL
administrative leave for exceptional performance and that the additional
leave can be cashed out by the employee. She asked if there was a
difference between the two previously mentioned sections to recognize
exceptional performance.
CM/Fox responded that this is a separate section and is something that is
separate wherein he has the ability to recognize employees with the
additional administrative leave, which would apply to all employees, so it is
both.
C/Chou moved, C/Mahlke seconded, to Adopt Resolution No. 2020 -14
amending the City’s Personnel Rules and Regulations Effective June 2,
2020 as recommended by staff. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
4. PUBLIC HEARING(S): NONE
5. COUNCIL CONSIDERATION:
5.1 AMENDMENTS TO CERTAIN ANIMAL LICENSE FEES EFFECTIVE
JULY 1, 2020.
ACM/Santos presented the staff report and stated that since incorporation,
the Inland Valley Humane Society has provided the City of Diamond Bar
and its residents with cost-effective animal care and control services. The
current animal licensing fees were last amended in January 2016. At that
time, IVHS determined the true service costs to be $352,190 annually which
was offset by guaranteed revenue which resulted in a net contract cost of
$160,000 which has been increased by the consumer price index each year
since. This year the contract cost was $189,000.
The most recent IVHS analysis determined that the true cost for providing
services in Diamond Bar has increased from $352,000 in 2016 to an
expected cost of $392,473 for fiscal year 2020/21 which is in line with the
CPI from 2016. While costs have gone up, licensing revenues and fees
have remained low resulting in the increased deficit. The anticipated
increase for FY 2020/21 includes $100,000 guaranteed revenue and results
in a total contract cost of $292,473, a $100,000 increase. The current
schedule summarizes the City’s current licensing fees. As a result of
discussions between cities, the IVHS Board of Directors provided all cities
with an alternative that hinges on all cities amending their respective
licenses with regard to unaltered dog fees and penalty fees. Currently,
Diamond Bar’s unaltered dog fee is $50 and the penalty fee is $25 .IVHS
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JUNE 2, 2020 PAGE 4 CITY COUNCIL
recommends all cities should amended to unaltered dog fees at a rate of
$100 and the penalty fee at a rate of $60, costs that would be borne by the
consumers of those services. If all of the cities were to increase those two
fees as recommended, IVHS would be able to guarantee the existing
contract remain unchanged, which would limit contract increases moving
forward to the CPI which is 2.96 percent for FY 2020/21 or $200,284, a
significant reduction from the original estimate of $292,473 included in the
draft operating FY year budget for 2020/21. As a result of these savings to
the City, staff recommends that the City Council Adopt Resolution No. 2020-
15 amending certain animal license fees effective July 1, 2020.
MPT/Lyons asked if it was correct that this contract would go into effect only
if all of the participating cities agreed to the fee increases.
ACM/Santos responded that MPT/Lyons was correct.
MPT/Lyons asked the length of the contract.
ACM/Santos explained that generally, contracts are extended in two-year
increments because canvasing takes place every two years in every
community IVHS serves. These contracts usually auto-renew if everything
remains consistent.
MPT/Lyons asked if all cities were under a two-year agreement.
ACM/Santos said he understood that all cities are under two-year
agreements. However, there may be some exceptions for new contracts.
MPT/Lyons asked if the City could get a contract for longer than two years.
ACM/Santos said that the City can ask but his understanding is that this
two-year contract.
MPT/Lyons moved, C/Chou seconded, to Adopt Resolution No. 2020-15
amending certain animal license fees effective July 1, 2020.
M/Tye asked CM/Fox to explain what the City’s recourse would be should
one or more cities opt out of amending the fees.
CM/Fox explained that staff would come back to the Council with a
Resolution to rescind the fees and that the City Council would need to
consider a new contract with IVHS.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
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ABSENT: COUNCIL MEMBERS: None
5.2 COVID-19 REGULATORY RELIEF AND FINANCIAL ASSISTANCE
OPTIONS FOR BUSINESSES AND RESIDENTS.
CDD/Gubman presented the staff report and stated that staff is seeking
Council approval of two regulatory policies to assist businesses as they
reopen their doors in accordance with the lifting of COVID-19 restrictions.
In addition, staff is asking that the Council discuss options for using the
City’s emergency CDBG funds for economic recovery programs and
provide direction to staff on crafting these programs.
The Temporary Sign provisions will not require permits for 90 days (through
August 31, 2020). During that time, the City would not enforce temporary
sign regulations pertaining to size or number of signs. Staff would continue
to enforce the restriction on commercial signs in public rights -of-ways and
on public property, roof signs and signs that project taller than the building.
For outdoor dining, staff is proposing a no-fee expedited Temporary Use
Permit process which would be in effect for as long as the indoor occupancy
restrictions are in effect. Details of the temporary dining accommodations
are provided in the policy attached to the staff report.
CDD/Gubman stated that staff is also asking Council to discuss and provide
direction on programs to launch for providing financial assistance to those
impacted by COVID-19. The City will be receiving $137,962 in the first
round of CARES Act CDBG funding. There is a lot of discretion that the
City may use in how it wishes to disburse these funds. The basic rule of
thumb is that it is to be made available to businesses and/or income-eligible
residents impacted by the COVID-19 closures. For business relief, the
primary objective is that if a recipient is to be eligible, they must demonstrate
that they need assistance in order to retain or hire low or moderate income
workers. For residential assistance programs, an example of how the
money can be used would be to provide rental assistance for those income
eligible households. Also, since seniors are presumed to be income
eligible, CARES Act monies may be used for senior programming to provide
services or programs that would be needed to replace programs that would
normally be provided without the current restrictions. For example, for any
types of online services such as virtual recreation and any expenses
associated with providing outreach.
Given the above parameters, there are several options for the City Council
to consider. All of the money can be allocated into one program , or several
programs can be created and funds can be disbursed accordingly. While
the staff report gave a sample allocation of $5,000 for senior programs, for
any program the City launches, the minimum amount would be $10,000.
MPT/Lyons asked the difference between “temporary outdoor
merchandise” and “sidewalk sales”.
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CDD/Gubman said they are essentially the same.
MPT/Lyons asked if restaurants that have liquor licenses would be able to
serve alcohol to outside diners.
CDD/Gubman responded that the City has no issue with that; however, it is
subject to the licensing requirements of the Department of Alcoholic
Beverage Control, and that responsibility will be left to the business owner
to comply with their requirements.
MPT/Lyons said she really appreciated that staff worked hard to get this
report done in a very short time.
C/Low asked if it was true the wheelbarrows and barbecues could remain
outside but Ross could not bring a display of tennis shoes outside.
CDD/Gubman reiterated that at this time, staff is not recommending that
any additional outdoor displays be approved given the lack of direction from
the County Health Department.
C/Low asked CDD/Gubman to elaborate on the option for loans and the
option for grants for businesses.
CDD/Gubman reiterated that the City can do either a loan w hich would
require repayment with the potential for reallocating the money for different
purposes or, the City can issue grants and provided the business meets the
provisions of the program, that money would be given free and clear of
repayment. The City’s consultant and LACDA discourage the loan
programs because of the underwriting requirements with more scrutiny
required for monitoring the expenses made with those proceeds because it
appears that agencies that are doing loan programs are making them
forgivable as long as the business complies with the provisions of the
program.
C/Low asked if a grant program has to be farmed out to LACDA with the
City being required to pay the servicing charges or can Diamond Bar service
the grant program in house.
CDD/Gubman said that for the business grant program , the City can
administer it in house. As far as the residential assistance programs, that
gets to be a lot more complicated with income verification requirements,
household income documentation, and subsequent documentation and
monitoring, which is beyond the scope of staff capabilities. If the City does
a residential program, it should be administrated by LACDA and that it could
result in as much as a 20 percent administration processing fee for each
loan.
C/Low asked what staff knows about the need for a rental assistance fund .
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CDD/Gubman responded that those programs have been sold out as well,
and staff would expect more applicants than the funding would provide.
MPT/Lyons said she spoke with colleagues at COG about business grants
for which there was a big demand and they opened the application period
for a two-day period after which they closed the window to validate
applications and then held a lottery.
C/Chou asked for clarification that the proposal on packet page 170
indicating the breakdown between business grant and residential rental
grants and senior programming was arbitrary. There are no guidelines that
the CDGB grant funds have to be allocated in a certain way. And, if the
Council wanted to, it could have the entire amount appropriated into one
type of grant.
CDD/Gubman confirmed that the entire amount could be put into one
program and the dollar amount could be designated per recipient.
C/Chou felt most businesses were suffering and as they attempt to reopen
there will be new guidelines from LA County and the State on how they can
operate. Given the relatively small amount of money the City receives, if it
is divided up among different programs, he is concerned that each business
will not receive a material amount that will make a meaningful impact on
helping them continue to operate. In addition, having to give up 20 percent
to an outside agency administer to handle the residential rental grant along
with an appropriation of almost $47,000 to senior programming in the
proposed budget, he is inclined to have the entire amount go toward
business grants to help the business community survive and thrive during
this pandemic. While businesses are happy to set tables outside, they have
to purchase additional equipment such as umbrellas, install physical
barriers, etc., which will require additional funding on their part. He is
inclined to have the entire grant allocated to business grants and there
should be a discussion about the amount that will be granted to each
business. He agrees with MPT/Lyons that the model she spoke about was
promoted by Supervisor Hahn when she spoke about giving out $5,000
grants to businesses with a time limit for submitting applications.
C/Low said she agreed with MPT/Lyons about the lottery system which she
believes would be fair and orderly. She also agrees with C/Chou’s
observations and concerns about getting restaurants and other small
businesses up and running with the City helping them as much as possible.
She would be okay moving all of the funds to business loans since it
involves such a small amount of money. And, the amount should be
meaningful so that it would be helpful.
M/Tye asked what everyone is thinking about a minimum and maximum for
each business.
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C/Chou said he believed that it should be a flat amount across the board so
that each business gets the same amount. M/Tye said he agreed with
C/Chou. C/Chou said that if there was a flat amount of $5,000 it would
benefit about 28 businesses. Given the number of restaurants in Diamond
Bar, that would not be enough and he suggested the Council consider
something in the $2,000 range to help at least 50 restaurants.
MPT/Lyons said that while C/Chou’s proposal is interesting, $2,000 is way
too little money for what needs to be done and she would rather see more
meaningful grants which would go only to certain types of restaurants.
C/Chou said he has seen other cities provide grants to restaurants with less
than 20 employees and in his opinion, there would have to be some sort of
qualifier for the business. He agreed with MPT/Lyons that he would not
necessarily want to include large corporations because these grants should
help mom and pop locally owned businesses.
CDD/Gubman stated that every other city that has done a business loan or
grant program has required those businesses to have a physical storefront
in their community that has been in business for at least a year, and the
loans or grants have been for fixed amounts.
C/Mahlke asked if a requirement would include businesses that operate
within the City limits of Diamond Bar or would this be open to residents who
have businesses outside of the City such as truck drivers.
Council Members simultaneously responded “storefronts located in
Diamond Bar”.
CDD/Gubman offered examples of amounts per business from other cities:
Laverne $2,500; Covina $4,500; Arcadia $5,000; Claremont $20,000.
M/Tye suggested that if the City rounded the fund amount off to $150,000
that would fund 50 businesses at $3,000 each.
MPT/Lyons did not believe $3,000 was enough to make a difference and
again suggested it should be at least $5,000 per business.
M/Tye said he tended to agree with MPT/Lyons and $5,000 per business
would fund 30 business and he would be okay with that. C/Low said she
was good with that and C/Chou agreed.
C/Chou said he thought that staff had indicated during recent budget
discussions that other special revenue funds could be reprogrammed to this
recovery fund.
CDD/Gubman responded to C/Chou that the City is allowed to repurpose
the regular CBDG monies for COVID-19 relief efforts. Those amounts are,
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$46,900 for Senior Programs; $100,716 for the Home Improvement
Program; a little under $178,000 fo r the Area 2 Curb Ramp Program. In
addition, the City just received a Home Improvement loan repayment of
$6,700 that could be rolled over as well.
M/Tye asked if any of these funds are dedicated to those programs so that
if the $178,000 for Curb Ramps was put into the COVID-19 relief fund, the
City would be violating any parameters of the $178,000. CDD/Gubman
responded no, that all of those stipulations are suspended at this point.
C/Chou said he agreed that $5,000 was a more meaningful amount that
would have a more positive impact on businesses and he felt it should be
extended to 50 businesses for a total of $250,000 by reprogramming some
of the other funding.
M/Tye said that the $100,716 for Home Improvement plus $178,000 for
Curb Ramps together with the COVID-19 relief fund adds up to over
$400,000.
MPT/Lyons asked PWD/Liu to comment on what the effect of not doing the
Area 2 Curb Ramp improvements for this year would mean for the City.
(PWD/Liu was unable to respond due to technical difficulties with his
microphone.)
M/Tye said he felt that what PWD/Liu would say was that if they do not get
done this year they will get done in another year.
CM/Fox added that the budget included in the Capital Improvement
Program for ADA Curb Ramps for Area 2 could certainly be modified,
brought back and deferred to another time. The amount that is available at
this time could be used to test the waters and come back with a
supplemental allocation to reprogram the existing CDBG funds or wait until
it is certain that Diamond Bar will get the next version of the CARES Act to
have a subsequent round.
M/Tye said why not proceed with the total amount and if the CARES Act
money comes through dedicate it to curb ramps. CM/Fox said that because
it was not COVID-19 related the money would not be available for curb ramp
improvements.
M/Tye asked if the City was making any progress with the County relative
to sharing the money they got with the cities and CM/Fox responded that
their response is that the State has plans in their budget to supplement local
cities that did not receive funding previously. So all of the CARES Act funds
that went to the County and cities of over 500,000 in popu lation will not be
shared. Diamond Bar could wait for the next round which may be included
in the State’s budget for some allocation of funds for cities under 500,000
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in population.
M/Tye felt this proposal should move forward and why wouldn’t we say we
loaned this money out on the chance we would get repaid.
CM/Fox stated that staff will figure it out and CDD/Gubman will be coming
back to the Council at the next meeting to officially amend the CDBG
program and officially allocate those funds, and based upon the direction
that staff has tonight to put everything into the business grants and keep it
at $5,000 per business, staff will look at reallocating the ADA Curb Ramps
and including as much as possible into that pot of money to be allocated
toward the business relief.
CDD/Gubman said that this item will come back under Public Hearing to
modify the CDBG budget. If money is being reprogrammed from other
programs, that would have to be included in the hearing notice.
CM/Fox said that both can be done at the same time. ADA Curb ramps is
about $178,000 and is there interest in amending the Home Improvement
program for an additional $100,000?
MPT/Lyons felt the Home Improvement program needed to be continued
and she would not want to touch that program.
M/Tye asked how much was allocated to the Home Improvement Program
last year and CDD/Gubman responded about $100,000. M/Tye asked how
much of that was used and CDD/Gubman said he believed about half had
been used.
M/Tye said he believes businesses truly need the help and that the City
should get this done sooner rather than later and he is fine if $50,000 is
taken from the Home Improvement Program for $178,000 plus $50,000 plus
$138,000 which keeps it in the range of $5,000 for 50 businesses.
CM/Fox said he believes there is an opportunity to use some of the Housing
Improvement Program money. As CDD/Gubman mentioned, the City gets
reimbursements or payoffs of those loans which go back into that fund.
Staff will analyze the situation and bring back the larger pot of money for
the Council’s consideration.
CDD/Gubman responded to CM/Fox that this item can be brought back to
the Council on June 16th under the Public Hearing agenda item. The
temporary regulations have shortened the notice time from 30 days to five
(5) days which makes that possible.
C/Chou asked if CDD/Gubman could bring back a ready -to-go proposal so
the Council could approve it on June 16th and get the money out to the
businesses as quickly as possible.
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M/Tye said he hated to wait 14 days and asked if the Public Hearing meeting
could be scheduled sooner.
CM/Fox said that with a five-day Public Hearing notice, it might be possible
to have a meeting next Tuesday.
C/Low said that with respect to not including “chain store” owners, there are
local residents who have purchased a franchise of a “chain store” but they
are not a chain store and she believes those people should be included in
the funding. C/Chou agreed. M/Tye said those are franchisees and if we
are talking about helping franchisees because they are our neighbors, he is
not willing to help Target, Sprouts, Smart & Final, Albertsons, etc.
CM/Fox said that when staff brings this item back to the Council it will
include a list of criteria for the Council to review and approve as well.
M/Tye summarized Council’s discussion. Council likes the lottery idea,
wants to support mom and pop businesses, franchisees are fine, and no
chains. CM/Fox said that in addition there will most likely be a one -year in
business requirement and probably a few others based upon what some of
the other cities have done. But certainly this is for the small businesses, the
mom and pop types of businesses, and if it is a franchise owned that is fine
too as long as they have the cliente le and employee pool that is intended
for this program.
CM/Fox asked if the special meeting was possible next Tuesday.
CDD/Gubman responded that next Tuesday’s (June 9th) Planning
Commission will be canceled and that date is available for the special
meeting.
All Council Members indicated that they would be available for the Special
Public Hearing City Council meeting on Tuesday, June 9 th.
CM/Fox responded to the City Council that he is assuming there will be a
maximum number of employees (15 or 20) that will be stated.
CDD/Gubman responded to CM/Fox that 25 or less has been the general
criteria.
M/Tye said definitely no banks or Starbucks but small operations like It’s
Everyday and Coffee Bean and Tea Leaf.
CM/Fox said he is good with the notice in time for June 9th but he is a little
concerned about the fast turnaround of the staff report in order to be able
to get something to Council by the end of this week but he would do
everything possible to make it happen.
6. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
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REPORTS/COUNCIL MEMBER COMMENTS:
C/Chou thanked staff for putting together such a detailed propos al and report for
Council to consider. He believes this is a difficult time but he continues to be
impressed by staff and his colleagues as well as, residents and how well they are
reacting during this pandemic. He held a virtual office hour last Tuesday for which
there was a decent turnout. He invited a lot of business owners to participate and
much of their concerns were addressed tonight. They really want to see the City
help them come back not just to survive but to thrive in the post -pandemic situation
and he believes the Council took important steps tonight to do just that and he is
very proud of the work this Council is doing. He congratulated the graduating
classes of Diamond Bar High School, middle schools and elementary schools. Go
forth and conquer, carry the torch, stake your claim and make a difference and
make us proud. He would be so proud if one day someone would come back and
run for office and be a colleague. He vividly remembers the 1992 LA Riot after the
Rodney King trial. He remembers the pain, the outcry and outrage and we again
feel the same pain and outrage over the killing of George Floyd. He stands in
solidarity against the death of unarmed black men at the hands of law enforcement.
With that said, we need to express our collective pain reasonably and responsibly
and we must stop these outside forces and bad actors from destroying
neighborhoods and burning down buildings, which is not the way to get the
message across and we should never stand for the destruction of private
properties.
C/Mahlke echoed a big thank you to her colleagues on the City Council and to the
hard working City staff members for researching and advocating for options that
are best for our residents and our local businesses. We will continue to look fo r
opportunities to continue to support Diamond Bar and its residents. We are in such
an incredibly challenging time right now as a society. She has been continuing to
teach at CalPoly Pomona during both the pandemic and now the demonstrations
and it has given everyone an opportunity to have a lot of discussions and sharing
and questions in a learning environment. This is the youth of our community so it
is incredibly important and one of the most poignant things a student shared with
the class and asked of her was that it was all so much and how was he supposed
to know what to do? She felt it was a great question that echoed what a lot of us
are struggling with. When she looks around this community she is so proud that
people have found a way to make a difference, even with all of the levels of
uncertainty and potential anxiety. A great example of this is of course what Jody
Roberto shared tonight with DB Connects has accomplished, what the Johann
Bosch family and community supporters put together each week and what many
other supporters in our community are doing. She hopes everyone will continue
to responsibly gather information and make these the things that keep our
community, neighborhoods, families and ourselves safe and healthy.
C/Low said it seems like yesterday we learned about the COVID-19 lockdown but
so much has happened since March and it has happened very quickly. While we
call this an unprecedented circumstance, we need to hang together and stick it
out. Just as we thought we were turning the corner with COVID-19 and we were
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optimistic that we would be returning to some kind of normal, now we have the
tragedy of George Floyd and the many others wh o have died. She works in
downtown LA and that is her reality when she is there, reminded that there is
tragedy and people are upset. She, too, is appalled about these deaths and join s
with the folks who mourn them. She also supports peaceful protests t o speak for
those who perished as well as, to speak justice. But as her colleague said, there
are bad actors who are among these protesters who are exploiting these events
and going beyond mourning and peaceful protests, all to advance their own
agendas. All they are doing is focusing on their criminal sprees and they are intent
on sowing discord and fear even into the City and into our society. She wanted to
reassure Diamond Bar residents that we are on the lookout for that and our
Sheriff’s Department is prepared to step in and keep everyone safe. The Sheriff’s
Department has the ability to call in reinforcements if necessary. Just a reminder
to everyone, if you see something, say something and call the Sheriff’s Department
for assistance. She is very grateful for folks like Jody Roberto and the Diamond
Bar Community Foundation for stepping up to help others in need. There are many
others in the community who are contributing as well. She thanked staff for
preparing the report on Agenda Item 5.2 and putting the program together in a very
short amount of time. Staff did great work. The report was very thoughtful and
thorough. She hopes the businesses will take advantage of these programs as
soon as they are up and running and bring Diamond Bar back, enjoy outdoor dining
and bring businesses and community members together.
MPT/Lyons said ditto to all comments made by her colleagues which she will not
repeat. She attended the Capital Project and Construction Committee meeting
and learned that the two grade separations projects that are being worked on at
Montebello and Turnbull Canyon will be affected by the reduction of gas tax
revenue and SB1 shortages. Metro has said they will provide the funds but that
they will be slower in getting those funds to the City than what was originally
promised. To that end, these two projects are currently projected to be delayed a
year. In terms of the SR57/60 chokepoint, the Department of Transportation
continues to say that mid-June will be the time they announce whether or not we
get the $50 million Federal INFRA grant. If we do, it is full speed ahead with the
project and it will reduce construction by two years. She congratulated high school
graduates from Diamond Ranch High School and Diamond Bar High Scho ol who
creatively found a way to celebrate the occasion, a sign of their creativity they will
display in the years to come. Something that is really exciting is, starting Monday,
June 8th, the Diamond Bar Library is one of 24 libraries that will offer sidewalk
pickup. Perhaps CM/Fox has more details on this. She understands that people
can order books on the website and when they come in people will be able to pick
them up curbside when they arrive without personal contact.
M/Tye reinforced what everyone said and heard about the Diamond Bar
Community Foundation. He is not sure that a lot of people are aware of some of
the events they sponsor including the Fun Run, golf tournament, and the annual
Gala that is designed to raise funds to put back into the community for sports and
other events. And with the DB Connects program they are focusing on for those
who have lost their jobs and those who have been furloughed, and most
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importantly, the elderly because as much as a meal, those folks might just need to
see a friendly face and a smile. We all know somebody like that. Even if it means
picking up the phone to check in on them and say hello and they hear a friendly
voice that is something we can all do. Even if it means getting in your car and
talking to neighbors. Let’s reach out and do that extra thing for folks right now in
this difficult time. It is hard to believe it was 51 years ago in April that Martin Luther
King, Jr.’s life was cut short and here we are in a situation where a man’s life was
snuffed out because of the color of his skin. Martin Luther King said a couple of
things that resonate in this hour – “hate begets hate; violence begets violence;
toughness begets a greater toughness. We must meet the forces of hate with the
power of love.” Our aim must never be to defeat or humiliate, but to win friendship
and understanding. And he went on to say that “the ultimate weakness of violence
is that it is a descending spiral” and M/Tye said he thinks we are seeing t hat now
– “begetting the very thing it seeks to destroy, instead of diminishing evil, it
multiplies it. Through violence you may murder the liar, but you cannot murder the
lie, nor establish the truth. Through violence you may murder the hater, but you
do not murder hate. In fact, violence merely increases hate. Returning violence
for violence multiplies violence, adding deeper darkness to a night already devoid
of stars. Darkness cannot drive out darkness; only light can do that. Hate cannot
drive out hate; only love can do that”. M/Tye said when he thinks of assemblies
that have taken place in Chino Hills, Walnut and today in Brea, they are peaceful
because people have something to share. There is no looting, there is no rioting
and there is absolutely nothing wrong with a peaceful protest. But he has heard
from enough people around town that they are concerned about what is planned
for Grand and Diamond Bar Boulevard. M/Tye said he believes the City will be
ready for it and this can also be a peaceful protest and his plea to anybody listening
who plans to participate would be that it be peaceful. Let’s make sure it is peaceful
to ensure that the point is driven home about what this is all about.
ADJOURNMENT: With no further business to conduct, M/Tye adjourned the
Regular City Council Meeting at 8:01 p.m. to the Special City Council Meeting of June 9th
at 6:30 p.m.
Respectfully submitted:
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 16th day of June, 2020.
__________________________
Steve Tye, Mayor
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Agenda #: 4.2
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED MAY 21, 2020
THROUGH JUNE 3, 2020 TOTALING $1,111,191.45.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $1,111,191.45.
BACKGROUND/DISCUSSION:
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.
The attached check register containing checks dated May 21, 2020 through June 3,
2020 totaling $1,111,191.45 is being presented for ratification. All payments have been
made in compliance with the City’s purchasing policies and procedures, and have been
reviewed and approved by the appropriate departmental staff . The attached Affidavit
affirms that the check register has been audited and deemed accurate by the Finance
Director.
PREPARED BY:
4.2
Packet Pg. 235
REVIEWED BY:
Attachments:
1. 4.2.a Check Register Affidavit 6-16-2020
2. 4.2.b Check Register 6-16-2020
4.2
Packet Pg. 236
4.2.a
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SUNGARD PENTAMATION INC PAGE NUMBER: 1DATE: 06/03/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:37:26 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200521 00:00:00.000’ and ’20200603 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132710 06/03/20 AFLAC AFLAC 001 MAY 2020-SUPP INS PRE 0.00 2,821.1610100 132711 06/03/20 BOSWELLL LISA BOSWELL 001 FACILITY REFUND 0.00 151.3510100 132712 06/03/20 BULLSEYE BULLSEYE TELECOM INC 0014070 PH. SVCS-PANTERA PK 0.00 49.6410100 132712 06/03/20 BULLSEYE BULLSEYE TELECOM INC 0014070 PH.SVCS-HERITAGE 0.00 316.4010100 132712 06/03/20 BULLSEYE BULLSEYE TELECOM INC 0014070 PH.SVCS-DBC ANALOG 0.00 446.8010100 132712 06/03/20 BULLSEYE BULLSEYE TELECOM INC 0014070 PH.SVCS-CITY HALL 0.00 746.16TOTAL CHECK 0.00 1,559.0010100 132713 06/03/20 CBSC CALIFORNIA BUILDING STAN 001 BSAF FEE-JAN20-MAR20 0.00 210.2910100 132713 06/03/20 CBSC CALIFORNIA BUILDING STAN 001 BSAF FEE-OCT19-DEC19 0.00 421.4510100 132713 06/03/20 CBSC CALIFORNIA BUILDING STAN 001 BSAF FEE-JUL19-SEPT19 0.00 426.4410100 132713 06/03/20 CBSC CALIFORNIA BUILDING STAN 001 BSAF FEE-APR11-JUN19 0.00 14,409.42TOTAL CHECK 0.00 15,467.6010100 132714 06/03/20 REINBERG CNC PRINTWERKS 0014030 SUPPLIES-ENVELOPES 0.00 917.3910100 132715 06/03/20 DELTADEN DELTA DENTAL 001 JUNE 20-DENTAL PREM P 0.00 5,246.3010100 132716 06/03/20 DELTACAR DELTA DENTAL INSURANCE C 001 JUNE 20-DENTAL PREM H 0.00 309.4610100 132717 06/03/20 DENNISCA CAROL A DENNIS 0014030 PROF.SVCS-CNCL/S/S 0.00 375.0010100 132718 06/03/20 DBHS DIAMOND BAR HIGH SCHOOL 001 FACILTY REFUND 0.00 482.4510100 132719 06/03/20 DMPR4LLC DMPR 4 LLC 0014030 STORAGE RENTAL-JUNE 0.00 1,743.0010100 132720 06/03/20 DUNNEDWA DUNN EDWARDS CORPORATION 0015556 SUPPLIES-PARKS 0.00 39.5110100 132720 06/03/20 DUNNEDWA DUNN EDWARDS CORPORATION 0015556 SUPPLIES-PARKS 0.00 135.1110100 132720 06/03/20 DUNNEDWA DUNN EDWARDS CORPORATION 0015556 SUPPLIES-PARKS 0.00 281.00TOTAL CHECK 0.00 455.6210100 132721 06/03/20 DUOSECUR DUO SECURITY INC 0014070 DUO SOFTWARE SUBSCRP 0.00 360.0010100 132722 06/03/20 EMERALD EMERALD LANDSCAPE SERVIC 0014093 ADDL MAINT SVCS-C/HLL 0.00 10.7710100 132723 06/03/20 EXTERIOR EXTERIOR PRODUCTS CORP 0015556 INSTALL/REMOVAL BNNRS 0.00 5,775.0010100 132724 06/03/20 EXTERMIN EXTERMINETICS OF SO CAL 0015556 PEST CONTROL-PANTERA 0.00 30.0010100 132724 06/03/20 EXTERMIN EXTERMINETICS OF SO CAL 0015556 PEST CONTROL-HERITAGE 0.00 40.0010100 132724 06/03/20 EXTERMIN EXTERMINETICS OF SO CAL 0015556 RODENT CONTROL-PTRSN 0.00 50.0010100 132724 06/03/20 EXTERMIN EXTERMINETICS OF SO CAL 0015333 PEST CONTROL-DBC 0.00 115.0010100 132724 06/03/20 EXTERMIN EXTERMINETICS OF SO CAL 0014093 PEST CONTROL-CITY HLL 0.00 145.0010100 132724 06/03/20 EXTERMIN EXTERMINETICS OF SO CAL 0015556 PEST CONTROL-PETERSON 0.00 225.00TOTAL CHECK 0.00 605.0010100 132725 06/03/20 FEDEX FEDERAL EXPRESS CORPORAT 0014030 EXPRESS MAIL-GENERAL 0.00 8.7010100 132725 06/03/20 FEDEX FEDERAL EXPRESS CORPORAT 0014030 EXPRESS MAIL-GENERAL 0.00 16.50TOTAL CHECK 0.00 25.2010100 132726 06/03/20 FORRESTA ARTHUR FORREST II 001 FACILITY REFUND 0.00 3,293.444.2.bPacket Pg. 238
SUNGARD PENTAMATION INC PAGE NUMBER: 2DATE: 06/03/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:37:26 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200521 00:00:00.000’ and ’20200603 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132727 06/03/20 GLOBALHE GLOBAL HEALTHCARE PRODUC 0254440 SUPPIES-COVID 19 0.00 1,533.0010100 132728 06/03/20 IVHS HUMANE SOCIETY OF POMONA 0014431 ANIMAL CONTROL SVCS 0.00 15,750.0810100 132729 06/03/20 JOEGONSA JOE A. GONSALVES & SON I 0014030 LEGISLATIVE SVCS-JUNE 0.00 3,000.0010100 132729 06/03/20 JOEGONSA JOE A. GONSALVES & SON I 0014030 QUARTERLY FILING 0.00 45.00TOTAL CHECK 0.00 3,045.0010100 132730 06/03/20 FASTSIGN K7 ENTERPRISES 0255350 TRAIL RULES SIGNS 0.00 845.4810100 132731 06/03/20 KUSDONOM MARIE KUSDONO 001 FACILITY REFUND 0.00 205.4010100 132732 06/03/20 LACPUBWK LOS ANGELES COUNTY PUBLI 0015556 SUMP PUMP MAINT SVCS 0.00 649.2810100 132733 06/03/20 LATIMES LOS ANGELES TIMES 0014030 DIGITAL SUBSCRIPTION 0.00 30.6510100 132734 06/03/20 LUIKENNY KENNY LUI 001 RECREATION REFUND 0.00 13.7510100 132735 06/03/20 MANAGEDH MANAGED HEALTH NETWORK 001 JUNE 20-EAP PREMIUM 0.00 148.8010100 132736 06/03/20 MCADIREC MCA DIRECT 0014030 SUPPLIES-ELECTION 0.00 1,440.0510100 132737 06/03/20 MOBILERE MOBILE RELAY ASSOCIATES 0014440 REPEATER SVCS-JUNE 20 0.00 78.7510100 132738 06/03/20 OFFICESO OFFICE SOLUTIONS 0014030 SUPPLIES-CMGR 0.00 178.3610100 132738 06/03/20 OFFICESO OFFICE SOLUTIONS 0254030 SUPPLIES-COVID 0.00 2,286.5010100 132738 06/03/20 OFFICESO OFFICE SOLUTIONS 0015333 SUPPLIES-DBC 0.00 29.1710100 132738 06/03/20 OFFICESO OFFICE SOLUTIONS 0015210 SUPPLIES-PLNG/B/SFTY 0.00 30.3510100 132738 06/03/20 OFFICESO OFFICE SOLUTIONS 0014050 SUPPLIES-FINANCE 0.00 80.56TOTAL CHECK 0.00 2,604.9410100 132739 06/03/20 ORTEGALE LETICIA ORTEGA 001 FACILITY REFUND 0.00 632.9110100 132740 06/03/20 PCALLC PACIFIC CREST ACTUARIES 0014050 CONSULTANT SVCS-GASB 0.00 3,000.0010100 132741 06/03/20 PSI PROTECTION ONE INC 0014093 ALARM SVCS-C/HALL 0.00 64.4610100 132741 06/03/20 PSI PROTECTION ONE INC 0015556 ALARM SVCS-S/CYN PK 0.00 171.18TOTAL CHECK 0.00 235.6410100 132742 06/03/20 QUINNREN QUINN RENTAL SERVICES 0015556 EQ RENTAL-REAGAN PK 0.00 791.8310100 132743 06/03/20 SCSIGNS S C SIGNS & SUPPLIES LLC 0015554 SUPPLIES-RD MAINT 0.00 602.2510100 132744 06/03/20 SCFUELS SC FUELS 5204093 FUEL-POOL VEH 0.00 9.3710100 132744 06/03/20 SCFUELS SC FUELS 5204030 FUEL-CMGR 0.00 26.0810100 132744 06/03/20 SCFUELS SC FUELS 5205556 FUEL-PKS/FACILITIES 0.00 508.8010100 132744 06/03/20 SCFUELS SC FUELS 5205554 FUEL-RD MAINT 0.00 739.60TOTAL CHECK 0.00 1,283.8510100 132745 06/03/20 SCHORRME SCHORR METALS INC 0014093 MAINT SVCS-CITY HALL 0.00 20.8110100 132745 06/03/20 SCHORRME SCHORR METALS INC 0014093 MAINT SVCS-CITY HALL 0.00 134.574.2.bPacket Pg. 239
SUNGARD PENTAMATION INC PAGE NUMBER: 3DATE: 06/03/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:37:26 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200521 00:00:00.000’ and ’20200603 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNTTOTAL CHECK 0.00 155.3810100 132746 06/03/20 SHEPPARD SHEPPARD, MULLIN, RICHTE 0014020 LEGAL SVCS-T/HERMANOS 0.00 1,024.3610100 132747 06/03/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 55.3810100 132747 06/03/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 387.4610100 132747 06/03/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 464.7410100 132747 06/03/20 SCE SOUTHERN CALIFORNIA EDIS 1395539 ELECT SVCS-DIST 39 0.00 218.8110100 132747 06/03/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 281.7410100 132747 06/03/20 SCE SOUTHERN CALIFORNIA EDIS 0015556 ELECT SVCS-PARKS 0.00 1,469.5010100 132747 06/03/20 SCE SOUTHERN CALIFORNIA EDIS 0014093 ELECT SVCS-CITY HALL 0.00 9,148.1410100 132747 06/03/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 11.8810100 132747 06/03/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 11.9210100 132747 06/03/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 12.1510100 132747 06/03/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 35.5410100 132747 06/03/20 SCE SOUTHERN CALIFORNIA EDIS 0015556 ELECT SVCS-T/CONTROL 0.00 47.9210100 132747 06/03/20 SCE SOUTHERN CALIFORNIA EDIS 1415541 ELECT SVCS-DIST 41 0.00 122.83TOTAL CHECK 0.00 12,268.0110100 132748 06/03/20 STANDARD STANDARD INSURANCE COMPA 001 JUNE 20-SUPP LIFE INS 0.00 849.0010100 132748 06/03/20 STANDARD STANDARD INSURANCE COMPA 001 JUNE 20-LIFE INS PREM 0.00 1,007.2510100 132748 06/03/20 STANDARD STANDARD INSURANCE COMPA 001 JUNE 20-STD/LTD INS P 0.00 2,279.40TOTAL CHECK 0.00 4,135.6510100 132749 06/03/20 TASC TASC 0014060 FLEX ADMIN SVCS 0.00 141.9210100 132750 06/03/20 THECOMDY THE COMDYN GROUP INC 0014070 CONSULTING SVCS-GIS 0.00 2,462.3310100 132751 06/03/20 SCGAS THE GAS COMPANY 0015333 GAS SVCS-DBC 0.00 299.2810100 132751 06/03/20 SCGAS THE GAS COMPANY 0015556 GAS SVCS-HERITAGE 0.00 34.98TOTAL CHECK 0.00 334.2610100 132752 06/03/20 TYLERTEC TYLER TECHNOLOGIES INC 5304070 CONSULTANT SVCS-ERP 0.00 1,650.0010100 132753 06/03/20 URMINC UNITED RECORDS MANAGEMEN 0014070 OFF-SITE STORAGE-I.T. 0.00 594.0010100 132754 06/03/20 USBANK US BANK 0014050 CITY CREDIT CARD-MAY 0.00 10,942.6610100 132755 06/03/20 VSP VISION SERVICE PLAN 001 JUNE 20-VISION PREMIU 0.00 2,064.7810100 132756 06/03/20 GRAINGER W.W. GRAINGER INC. 0015556 SUPPLIES-PARKS 0.00 33.4010100 132756 06/03/20 GRAINGER W.W. GRAINGER INC. 0015333 SUPPLIES-DBC 0.00 59.2610100 132756 06/03/20 GRAINGER W.W. GRAINGER INC. 0015554 SUPPLIES-ROAD MAINT 0.00 276.7210100 132756 06/03/20 GRAINGER W.W. GRAINGER INC. 0015556 SUPPLIES-PARKS 0.00 581.77TOTAL CHECK 0.00 951.1510100 132757 06/03/20 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES-CITY HALL 0.00 67.3510100 132757 06/03/20 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES-DBC 0.00 276.19TOTAL CHECK 0.00 343.5410100 132758 06/03/20 WELLSDON DONALD WELLS 001 FACILITY REFUND 0.00 92.434.2.bPacket Pg. 240
SUNGARD PENTAMATION INC PAGE NUMBER: 4DATE: 06/03/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:37:26 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200521 00:00:00.000’ and ’20200603 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132759 06/03/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-I.T. 0.00 46.0010100 132759 06/03/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-FINANCE 0.00 138.0010100 132759 06/03/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-COMM SVCS 0.00 184.0010100 132759 06/03/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-COMM DEV 0.00 322.0010100 132759 06/03/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-H/R 0.00 759.0010100 132759 06/03/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-P/WORKS 0.00 966.0010100 132759 06/03/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-CMGR 0.00 1,012.0010100 132759 06/03/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-COUNCIL 0.00 1,449.0010100 132759 06/03/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0254020 LEGAL SVCS-COVID-19 0.00 4,813.20TOTAL CHECK 0.00 9,689.2010100 132760 06/03/20 ZAINOTEN ZAINO TENNIS COURTS INC 5405556 CONSTRUCTION-PCKBLL 0.00 27,029.8010100 132760 06/03/20 ZAINOTEN ZAINO TENNIS COURTS INC 250 RETENTIONS PAYABLE 0.00 -1,351.49TOTAL CHECK 0.00 25,678.3110100 132761 06/03/20 ZOZAYARA RANDY ZOZAYA 001 FACILITY REFUND 0.00 151.3510100 132762 06/03/20 CARDCONN CARDCONNECT 001 C/CARD REFUND-3/19/20 0.00 4,073.6710100 1604415 06/03/20 PERSHEAL PERS HEALTH 001 JUNE 20-HEALTH INS PRE 0.00 51,030.5510100 1604415 06/03/20 PERSHEAL PERS HEALTH 0204060 JUNE 20-RETIREE HEALTH 0.00 1,251.0010100 1604415 06/03/20 PERSHEAL PERS HEALTH 0014060 JUNE 20-HEALTH INS PRE 0.00 151.49TOTAL CHECK 0.00 52,433.0410100 05222020 06/03/20 MUFGUNIO MUFG UNION BANK NA 3705333 BOND INTEREST-JUNE 1 2 0.00 198,653.1310100 05222020 06/03/20 MUFGUNIO MUFG UNION BANK NA 3705333 BOND PRINCIPAL-JUNE 1 0.00 460,000.0010100 05222020 06/03/20 MUFGUNIO MUFG UNION BANK NA 370 LESS CASH W/FA 0.00 -101.01TOTAL CHECK 0.00 658,552.1210100 L1661675 06/03/20 EDD EMPLOYMENT DEVELOPMENT D 0014060 UNEMPLYMNT INS BENEFIT 0.00 2,240.0010100 PP11/20A 05/29/20 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-PEPRA 0.00 4,639.9210100 PP11/20A 05/29/20 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-CLASSIC 0.00 29,506.8510100 PP11/20A 05/29/20 PERSRETI PERS RETIREMENT FUND 001 SURVIVOR BENEFIT 0.00 54.87TOTAL CHECK 0.00 34,201.6410100 PP11/20B 05/29/20 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 5/29/20-P/R DEDUCTIONS 0.00 7,314.4810100 PP11/20B 05/29/20 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 5/29/20-LOAN DEDUCTION 0.00 3,921.4310100 PP11/20B 05/29/20 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 5/29/20-PTS CONTRIBUTI 0.00 430.26TOTAL CHECK 0.00 11,666.1710100 PP11/20C 05/29/20 TASC TASC 001 5/29/20-P/R DEDUCTIONS 0.00 1,641.7510100 PP11/20D 05/29/20 PAYROLL PAYROLL TRANSFER 001 P/R TRANSFER-11/PP 20 0.00 184,755.2010100 PP11/20D 05/29/20 PAYROLL PAYROLL TRANSFER 112 P/R TRANSFER-11/PP 20 0.00 3,804.3510100 PP11/20D 05/29/20 PAYROLL PAYROLL TRANSFER 113 P/R TRANSFER-11/PP 20 0.00 2,239.9910100 PP11/20D 05/29/20 PAYROLL PAYROLL TRANSFER 115 P/R TRANSFER-11/PP 20 0.00 7,151.1410100 PP11/20D 05/29/20 PAYROLL PAYROLL TRANSFER 138 P/R TRANSFER-11/PP 20 0.00 1,246.7010100 PP11/20D 05/29/20 PAYROLL PAYROLL TRANSFER 139 P/R TRANSFER-11/PP 20 0.00 725.3410100 PP11/20D 05/29/20 PAYROLL PAYROLL TRANSFER 141 P/R TRANSFER-11/PP 20 0.00 725.34TOTAL CHECK 0.00 200,648.064.2.bPacket Pg. 241
SUNGARD PENTAMATION INC PAGE NUMBER: 5DATE: 06/03/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:37:26 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200521 00:00:00.000’ and ’20200603 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 PP11/20E 05/29/20 PERSRET1 PERS RETIREMENT 001 RETIRE CONTRIB-PEPRA 0.00 307.4110100 PP11/20E 05/29/20 PERSRET1 PERS RETIREMENT 001 RETIRE CONTRIB-EE 0.00 248.8610100 PP11/20E 05/29/20 PERSRET1 PERS RETIREMENT 001 SURVIVOR BENEFIT 0.00 10.00TOTAL CHECK 0.00 566.27TOTAL CASH ACCOUNT 0.00 1,111,191.45TOTAL FUND 0.00 1,111,191.45TOTAL REPORT 0.00 1,111,191.454.2.bPacket Pg. 242
Agenda #: 4.3
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: THIRD AMENDMENT TO THE CONTRACTOR SERVICES
AGREEMENT WITH NETWORK PARATRANSIT SYSTEMS FOR
SENIOR TRANSPORTATION SERVICES THROUGH JUNE 30, 2021.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Third Amendment to the Contractor
Services Agreement with Network Paratransit Systems to provide senior transportation
services through June 30, 2021.
FINANCIAL IMPACT:
Sufficient funds are included in the FY 20 20-2021 budget to cover the cost of such
services in the amount of $350,000, which is funded exclusively through Proposition A
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”)
and disabled adults 18 years and older. The program has been modified 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 currently has approximately 1,100 active cardholders and
provides over 15,000 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 ($0.50): Trips to/from any destination within Diamond Bar city limits.
• Service Area 2 ($1.50): Trips to/from medical facilities approximately five miles
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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 per mile cab fare in addition to the regular Diamond Ride fare for the specified
trip (known as a “cab conversion”).
• Holiday Ride trips: Free trips to commercial businesses during the holiday season.
DISCUSSION:
The City Council entered into a three-year Agreement with American Cab to provide
senior transportation services effective July 1, 2015 through June 30, 2018, with the
option, at the City’s sole discretion, to award two annual extensions up to and including
June 30, 2020, which extensions have been exercised. The Original Agreement
also provides that upon mutual agreement and upon successful demonstration of
exemplary contract performance, the parties may extend the Agreement beyond the
two annual extensions. The proposed Third Amendment extends the Term one
additional year through June 30, 2021.
National Paratransit Systems (NPS) assumed the contract from the City’s long-term
provider American Cab in 2018. NPS, which operates buses and cabs under the Bell
Cab and Yellow Cab subsidiaries, subsequently acquired the vehicles, contract drivers,
and dispatch center previously owned and op erated by the previous operator. Staff
continues to monitor contractor performance, and has determined that NPS is meeting
performing metrics established by the agreement including on time performance
pickups and program costs.
During the contract term, program costs have ranged from approximately $277,000 to
$310,435 annually. Contract pricing under NPS has remained within Council approved
appropriations of $350,000 annually, and it is anticipated that FY 2019-20 will be well
below the program authorization of $350,000 due to Stay Home orders associated with
the COVID pandemic and reduced ridership.
Diamond Ride Monthly Costs Monthly Average Annual Total
FY2019-20 – Revised Estimate # $18,500.00 $230,000.00
FY2019-20 – Est through Jan.* $21,000.00 $270,000.00
FY2018-19 $23,066.97 $276,803.64
FY2017-18 $25,869.55 $310,434.65
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 seven months of the fiscal year. #Costs taking into account
projected ridership reductions through June 2020.
Due to COVID related safety precautions, NPS has requested the administrative
surcharge be increased to $2,500 per month to provide their drivers with the necessary
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personal protective equipment and disinfecting supplies needed to ensure the vehicles
can be cleaned routinely. This is a necessary precaution to ensure the safety of our
residents as they take trips to vital medical appointments. There are sufficient budgetary
resources to accommodate the request, and their efforts are in line with the
recommended practices in the industry.
City staff will continue to monitor program performance and funding to ensure Diamond
Ride operates within the Council appropriated funding allocation. If ridership continues
at lower levels due to COVID related concerns, any unused Proposition A funds can be
reallocated to other eligible City related needs.
Based on current performance, it is recommended that the City Council grant an
additional one-year extension to the Agreement through June 30, 2021.
LEGAL REVIEW:
The City Attorney has approved the Third Amendment to the Contractor Services
Agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.3.a NPS 3rd Amendment
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1491253.1
THIRD AMENDMENT TO CONTRACTOR SERVICES AGREEMENT
This Third Amendment to Contractor Services Agreement (“Third Amendment”) is
made and entered into as of July 1, 2020 by and between the City of Diamond Bar,
California, a municipal corporation (“City”), and Network Paratransit Systems (“Contractor”),
with reference to the following:
RECITALS
A. The City entered into that certain Contractor Services Agreement dated
March 17, 2015 (“Original Agreement”) with American Cab Co., LLC, dba Yellow Cab
(“American Cab”), which is incorporated herein by reference.
B. The City and American Cab entered into the First Amendment on July 1, 2018
(“First Amendment”) which is incorporated herein by reference.
C. The Original Agreement, as amended by the First Amendment was assigned
and amended by that Assignment and Amendment of Contractor Services Agreement
between the City and Contractor effective October 22, 2018 which is incorporated herein by
reference (the “Assignment”).
D. The City and Contractor entered into that Second Amendment to Contract
Services Agreement on July 1, 2019, extending the term of their agreement and
compensation thereunder (“Second Amendment”), which Second Amendment, the
Assignment, First Amendment and Original Agreement collectively are referred to herein as
the “Agreement”.
E. The City and the Contractor desire to amend the Agreement as provided
herein.
F. Due to the COVID-19 pandemic and subsequent guidance and emergency
orders issued by local, state and federal authorities, Contractor’s ridership has diminished
and it has incurred additional costs implementing safety measures such as additional
cleaning and sanitizing of its vehicles and provision of personal protective equipment to
drivers to mitigate the spread of the Coronavirus.
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 t erms in the Original Agreement.
2. Term. The Term of the Original Agreement was from July 1, 2015, to June
30, 2018, with the option, at the City’s sole discretion, to award two annual extensions up to
and including June 30, 2020, which extensions have been exercised. The Original
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1491253.1
Agreement provides that upon mutual agreement and upon successful demonstration of
exemplary contract performance, the parties may extend the Agreement beyond the two
annual extensions. This Third Amendment extends the Term from July 1, 2020 (“Effective
Date”) up to and including June 30, 2021.
3. Compensation. The total not-to-exceed amount for the Term shall be
$350,000 subject to the rates identified in the attached Exhibit “A”, which is incorporated
herein by reference. These rates shall take effect on the Effective Date. Contractor
acknowledges and agrees that it shall not be entitled to any compensation above this
amount unless it receives prior approval of City’s City Council and the Agreement is
amended in writing. Contractor shall be responsible for notifying the City if the not to
exceed amount will be exceeded prior to the expiration of the Term; provided that in no
event shall Contractor be required to provide services which costs thereof are in excess of
the not to exceed amount.
4. Integration. This Third Amendment and all attachments hereto integrate all
of the terms and conditions mentioned herein, and supersede all negotiations with respec t
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 a nd 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 have executed this Third Amendment on the year
and day first written above.
“CONTRACTOR” “CITY”
Network Paratransit Systems CITY OF DIAMOND BAR
By: By:
Printed Name: Timmy Mardirossian Steve Tye, Mayor
Title: President & CEO
ATTEST:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
David DeBerry, City Attorney
2
4.3.a
Packet Pg. 247
1491261.1
EXHIBIT A
As of the Effective Date of the Third Amendment the Following Pricing Shall Apply:
1. Flag Drop per trip: $2.50
2. Per Mile: $2.60
3. Wheelchairs: additional $5.00 per trip
4. From the Effective Date through the time that Contractor is required to implement safety measures
such as additional cleaning and sanitizing of its vehicles and provision of personal protective
equipment to drivers, Contractor shall be entitled to an Administrative Fee of $2,500 per month. At
such time that any of these safety measure no longer need to be implemented, the Administrative
Fee shall revert to the original amount of 10% of the charges set forth in 1-3 of this Exhibit A.
4.3.a
Packet Pg. 248
Agenda #: 4.4
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FIRST AMENDMENT TO THE AGREEMENT WITH JOE A,
GONSALVES AND SON FOR STATE LEGISLATIVE ADVOCACY AND
GOVERNMENTAL AFFAIRS SERVICES.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the First Amendment to the Agreement with
Joe A. Gonsalves and Son to provide State legislative advocacy and governmental
affairs services.
FINANCIAL IMPACT:
The amended agreement provides for a reduction in the monthly retainer fee from
$3,000 per month to $2,500 per month, plus quarterly administrative filing fees of $45,
for a total not-to-exceed cost of $30,180 for FY 2020/21. Sufficient funds have been
included in the budget to cover the cost of the services. For subsequent fiscal years,
the annual amount will be based on the approved budget.
BACKGROUND/DISCUSSION:
Since 1997, the City has engaged Joe A. Gonsalves and Son to provide legislative
advocacy and governmental affairs services at the State level. At the June 2, 2020
Budget Study Session, it was the consensus of the Council to continue utilizing their
services.
The current Agreement does not have an expiration date and may be cancelled at any
time. The current Agreement provides for a monthly retainer fee of $3,000 which has
remained the same since 1997. In response to the budget discussions, and given the
City’s long-standing relationship, Gonsalves and Son is willing to reduce their monthly
retainer to $2,500 per month, plus quarterly administrative filing fees of $45. This new
rate will remain in effect until subsequently amended by the City Council.
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LEGAL REVIEW:
The City Attorney has reviewed and approved the amended agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.4.a 1st Amendment to Agreement - Gonsalves
2. 4.4.b Original Agreement - Joe A. Gonsalves
4.4
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1293495.1
FIRST AMENDMENT
TO THE AGREEMENT BETWEEN
JOE A. GONSALVES & SON
AND THE CITY OF DIAMOND BAR
This First Amendment to Agreement (“First Amendment”) is made and entered into as
of June 16, 2020, by and between the City of Diamond Bar, a municipal corporation ( “City”),
and JOE A. GONSALVES & SON a California Corporation (herein referred to as the
“Consultant”) with reference to the following:
A. The City and the Consultant entered into that certain Agreement dated as of
May 7, 1997, 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. Compensation. The monthly sum amount of $3,000 stated in Paragraph 7 of
the Original Agreement is hereby amended to revise that monthly sum to $2,500, plus actual
quarterly filing fees as may be required (currently $45/calendar quarter).
3. 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.
4.4.a
Packet Pg. 251
2
IN WITNESS hereof, the parties enter into this First Amendment on the year and day
first above written.
“CONSULTANT” “CITY”
JOE A. GONSALVES & SON CITY OF DIAMOND BAR
By: By: __________
Printed Name: Steve Tye, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
David 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.
4.4.a
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•
A G R E E M E N T
BETWEEN JOE A. GONSALVES & SON
AND THE CITY OF DIAMOND BAR
The CITY of Diamond Bar ("CITY") wishes to engage the services
of JOE A. GONSALVES & SON, 925 L Street, Suite 250, Sacramento,
California, to provide services in legislative advocacy and
governmental affairs in matters affecting cities in California.
The purpose of this Agreement is to state the terms and
conditions under which JOE A. GONSALVES & SON will provide services
to the client, the CITY of Diamond Bar.
The terms and conditions of this Agreement are as follows:
1. JOE A. GONSALVES & SON shall review all bills
introduced in the California Legislature and inform
the CITY of all such legislation affecting the
CITY'S interest and forward weekly a copy of all
such bills to the CITY.
2. The CITY shall review and analyze all such bills
and inform JOE A. GONSALVES & SON, in writing, of
CITY'S position.
3. JOE A. GONSALVES & SON shall act in an independent
capacity and not as officers, employees or agents
of the CITY and shall be deemed an independent
contractor for all purposes.
4. JOE A. GONSALVES & SON shall at all times perform
duties customarily performed by legislative
advocates and governmental affairs representatives
on behalf of the CITY to the best of their
abilities, experience, and talents. This Agreement
is not assignable either in whole or in part
without express written consent of the CITY.
4.4.b
Packet Pg. 253
. ''
5.
6.
7.
8.
9.
10.
•
JOE A. GONSALVES & SON agrees to indemnify and save
harmless the CITY, its officers, agents and
employees from any and all claims and losses
accruing or resulting to any persons, firms, or
corporations in connection with the performance of
this Agreement, and from any and all claims and
losses accruing or resulting to any person, firm or
corporation who may be injured or damaged by JOE A.
GONSALVES & SON'S performance of this Agreement as
a result of the sole negligence of JOE A. GONSALVES
& SON and totally without fault to the CITY, its
officers, agents or employees.
Th~.term of this. ~greement shall commence on the
1 ·Jif\ day of j\;11\)' , 1997, and shall continue in
full force and effect until terminated by a thirty
{30) day written notice from either party to the
other. Notice of termination under this Agreement
shall be given to the CITY by certified mail to
21660 E Copley Drive, suite 100, Diamond Bar, CA
91765, or to JOE A. GONSALVES & SON at Park
Executive Building, Suite 250, 925 L Street,
Sacramento, California 95814.
The CITY shall pay to JOE A. GONSALVES & SON the
monthly sum of $3,000, payable in advance on the
first day of each month.
The CITY shall reimburse JOE A. GONSALVES & SON for
any travel and other expenses directly related to a
request by the CITY for JOE A. GONSALVES & SON to
participate in any meetings or activities outside
of Sacramento.
If any action at law or in equity is necessary to
enforce or interpret the terms of this Agreement,
the prevailing party shall be entitled to
reasonable attorney's fees, costs, and necessary
disbursements in addition to any other relief to
which such party may be entitled.
This Agreement shall be governed by the laws of the
State of California. It constitutes the entire
Agreement between parties regarding its subject
matter. If any provision in this Agreement is held
by any court to be invalid, void, or unenforceable,
the remaining provisions shall nevertheless
continue in full force.
-2-
4.4.b
Packet Pg. 254
.. . .. • •
IN WITNESS WHEREOF the parties hereto have caused this
Agreement to be executed as follows:
JOE A. GONSALVES & SON
DATED:
DATED: BY
ATTEST:
~dci:"i:.t:;. g+£UI
City Clerk
-3-
4.4.b
Packet Pg. 255
Agenda #: 4.5
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: MAINTENANCE SERVICES AGREEMENT WITH WOODS
MAINTENANCE SERVICES, INC. (DBA GRAFFITI CONTROL
SYSTEMS) TO PROVIDE GRAFFITI ABATEMENT SERVICES
THROUGH JUNE 30, 2023.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Maintenance Services Agreement with
Woods Maintenance Services, Inc. to provide graffiti abatement services through June
30, 2023.
FINANCIAL IMPACT:
The total not-to-exceed amount set forth in the Maintenance Services Agreement is
$108,000 ($36,000 annually). Sufficient funds are included in the FY 2020/21 budget
for graffiti removal services. For subsequent fiscal years, the annual amount will be
based on the approved budget.
BACKGROUND:
On April 6, 1993, the City Council adopted Ordinance 02(1993) adding Chapter 8.20 to
the Diamond Bar Municipal Code authorizing the use of public funds to combat graffiti.
On June 2, 2015, the City entered into a Maintenance Services Agreement with Woods
Maintenance Services (“WMS”) to provide graffiti abatement services for FY 2015/16.
The original Agreement included four one -year extension options. The City has thus far
exercised all of its options, and the current option expires on June 30, 2020.
DISCUSSION:
On April 10, 2020, the City published a detailed Request for Proposals (RFP) through
PlanetBids, inviting qualified firms to submit proposals to provide graffiti removal
services. Twenty-two vendors viewed the RFP and three submitted proposals: WMS,
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Urban Graffiti Enterprises and Superior Property Services.
After a thorough review of the proposals, staff recommends that the City enter into a
renewed Consulting Services Agreement with WMS. The factors on which this
recommendation is based are summarized below.
WMS has provided exemplary service to Diamond Bar for the past 27 years. The
service personnel are highly responsive, and the work performed by the company’s field
technicians is thorough and well executed. Because of their familiarity with the City,
there would be no learning curve period, and the technicians know where the City’s “hot
spots” are, and they often proactively remove all traces of a tagging incident before it is
seen by our residents. Moreover, WMS has been consistently responsive to emergency
requests received on non-service days, and does so at no extra cost.
The three participating vendors submitted competitive bids. WMS’s proposal is $150
per month ($1,800 per year) higher than the lowest bidder. Given the narrow range of
price differences, it is recommended that the City continue its professional association
with WMS, which has demonstrated over the years that it can deliver services that align
with Diamond Bar’s expectations.
VENDOR NOT TO EXCEED AMOUNT
(2 SERVICE DAYS PER WEEK)
MONTHLY ANNUALLY
WMS $ 3,000 $ 36,000
SUPERIOR GRAFFITI SOLUTIONS $ 3,286 $ 39,432
URBAN GRAFFITI ENTERPRISES $ 2,850 $ 34,200
WMS’s proposal emphasized extensive and continuing training of its service
technicians. Moreover, in its proposal, WMS discussed in detail the firm’s ongoing
testing of new products and technologies that come to market, ensuring that it is using
the most sophisticated and environmentally-friendly products and technologies available
to combat graffiti.
Many graffiti abatement service providers, including WMS, participate in the Tracking
Automated and Graffiti Reporting System (TAGRS). Participants log tagging incidents,
including GPS coordinates, into TAGRS to assist law enforcement agencies in their
efforts to apprehend and prosecute graffiti vandals.
In addition to the above information technolog y tools at its disposal, WMS offers its own
web-based and smartphone application, “Write On, Right Off,” which can enable anyone
to report tagging incidents with their mobile devices. This app could also be integrated
into the City’s website and be customized to suit the needs of the City.
It is recommended that the City Council approve a three (3) year agreement with WMS
to provide graffiti abatement services based on the company’s experience, work history
and performance. At the end of the initial thre e year term, the City Council will have the
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Packet Pg. 257
ability to approve up to two one -year extensions upon successful demonstration of
exemplary contract performance.
LEGAL REVIEW:
The City Attorney has approved the attached Maintenance Services Agreement as to
form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.5.a Maintenance Services Agreement with Woods Maintenance Services
4.5
Packet Pg. 258
1. Contractor's
MAINTENANCE
THIS AGREEMENT (the "Agreement') is made as of July 1, 2020 by and
City of Diamond Bar, a municipal corporation ("City") and Graffiti Control Systems,
Corporation
Subject to the terms and conditions set forth in this Agreement Contractor
to the reasonable satisfaction of the City the graffiti removal services set forth in
Exhibit "A", which is incorporated herein by this reference. As a material inducement to
to enter into this Agreement, Contractor represents and warrants that it
investigated the work and fully understands the difficulties and restrictions in
work. Contractor represents that it is fully qualified to perform such consulting services
of its experience and the training, education and expertise of its principals
Greg Gubman, Community Development Director (herein referred to as the
Manager"), shall be the person to whom the Contractor will report for the performance
hereunder. It is understood that Contractor shall coordinate its services hereunder with
Project Manager to the extent required by the City's Project Manager, and that all
required hereunder by Contractor shall be performed to the satisfaction of the
Manager and the
2. Term of Agreement. This Agreement shall take effect July 1. 2020,
continue until June 30, 2023 ("Term"), unless earlier terminated pursuant to
herei
The City shall have the option to extend this Agreement for two (2) additional one
terms, subject to the same terms and conditions contained herein, by giving
notice of the exercise of this option at least thirty (30) days prior to the expiration of
Term. In the event the City exercises its option to extend the Term, Consultant's
shall be subject to an adjustment upon the effective date of extension
Any increase in compensation will be negotiated between the City and the
but in no event shall the increase exceed the amount that the Consumer
("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for
immediately preceding the Adjustment Date (the "Index Month") as reported
Bureau of Labor Statistics of the United States Department of Labor, has
the CPI for the month one year prior to the Index Month. Any exercise of an
extend the Term and/or increase in compensation, negotiated or based upon
be subject to approval of the
3. Compensation. City agrees to compensate Contractor for each
Contractor performs to the satisfaction of City in compliance with the scope of services
in Exhibit "A". Payment will be made only after submission of proper invoices in
specified by City. Total payment to Contractor pursuant to this Agreement shall
$108,000 Dollars ($108,000) without the prior written consent of the City. The above
exceed amount shall include all costs, including, but not limited to, all clerical,
overhead, telephone, travel and all
4.5.a
Packet Pg. 259
4.
A. As scheduled services are completed, Contractor shall submit to City
for the services completed, authorized expenses and authorized extra work
or
B. All such invoices shall state the basis for the amount invoiced,
completed, the number of hours spent and any extra
C. City will pay Contractor the amount invoiced the City will pay
amount properly invoiced within 35 days
D. Payment shall constitute payment in full for all services, authorized
authorized extra work covered by
5. Change Orders. No payment for extra services caused by a change in
or complexity of work, or for any other reason, shall be made unless and until such
and a price therefore have been previously authorized in writing and approved by
Manager or his designee as an amendment to this Agreement. The amendment shall
the changes of work, extension of time, if any. and adjustment of the fee to be paid by
Contract
6. Priority of Documents. In the event of any inconsistency between
of this Agreement and any attached exhibits. the provisions of this Agreement
7. Status as independent
A. Contractor is, and shall at all times remain as to City, a wholly
contractor. Contractor shall have no power to incur any debt. obligation, or liability on
City or otherwise act on behalf of City as an agent, except as specifically
Neither City nor any of its agents shall have control over the conduct of Contractor or
Contractor's employees, except as set forth in this Agreement. Contractor shall not, at
or in any manner. represent that it or any of its agents or employees are in
employees
B. Contractor agrees to pay all required taxes on amounts paid to
this Agreement, and to indemnify and hold City harmless from any and all taxes,
penalties, and interest asserted against City by reason of the independent contractor
created by this Agreement. In the event that City is audited by any Federal or State
the Public Employee Retirement System regarding the independent contractor
Contractor and the audit in any way fails to sustain the validity of a wholly
relationship between City and Contractor or its employees, then Contractor agrees
City for all costs, including accounting and attorney's fees, arising out of such audit
appeals relating
C. Contractor shall fully comply with Workers' Compensation
Contractor and Contractor's employees. Contractor further agrees to indemnify and
harmless from any failure of Contractor to comply with applicable Worker's
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D. Contractor shall, at Contractor's sole cost and expense fully secure
with all federal, state and local governmental permit or licensing requirements, including
limited to the City of Diamond Bar, South Coast Air Quality Management District,
Air Resources
E. In addition to any other remedies it may have, City shall have the right
against the amount of any fees due to Contractor under this Agreement any amount due
from Contractor as a result of Contractor's failure to promptly pay to City any
indemnification required by this Agreement or for any amount or penalty levied against
for Contractor's failure to comply with
8. Standard of Performance. Contractor shall perform all work at the
care and skill ordinarily exercised by members of the profession under similar
represents that it and any subcontractors it may engage, possess any and all licenses
required to perform the work contemplated by this Agreement and shall maintain all
licenses during the performance of
9.
Contractor shall indemnify, defend with counsel approved by City, and hold
its officers, officials, employees and volunteers ("Indemnitees") from and against all
damage, expense, cost (including without limitation reasonable attorneys' fees, expert
all other costs and fees of litigation) of every nature arising out of or in
(1) Any and all claims under Worker's Compensation acts and
benefit acts with respect to Contractor's employees or Contractor's
employees arising out of Contractor's work under this
(2) Any and all claims arising out of Contractor's performance of
or its failure to comply with any of its obligations contained in this
of City's passive negligence, but excepting such loss or damage which is caused
sole active negligence or willful misconduct of the City. Should City in its
find Contractor's legal counsel unacceptable, then Contractor shall reimburse the
costs of defense, including without limitation reasonable attorneys' fees. expert
all other costs and fees of litigation. The Contractor shall promptly pay any
rendered against the Indemnitees. It is expressly understood and agreed
foregoing provisions are intended to be as broad and inclusive as is permitted by
of the State of California and will survive termination of this Agreement. Except
Indemnitees, this Agreement shall not be construed to extend to any
indemnification rights of
10.
A. Contractor shall at all times during the term of this Agreement carry,
keep in full force and effect, with an insurance company authorized to do business in
of California and approved by the City the
(1) a policy or policies of broad-form comprehensive general
written on an occurrence basis with minimum limits of $2,000,000.00
limit coverage against any injury, death, loss or damage as a result of
4.5.a
Packet Pg. 261
negligent acts by Contractor, its officers, employees, agents, and independent
in performance of services under
(2) property damage insurance with a minimum limit of
occurrenc
(3) automotive liability insurance written on an occurrence basis
owned, non-owned and hired automobiles, with minimum combined single
of $2,000,000.00;
(4) Worker's Compensation insurance when required by law, with a
of $500,000.00 or the amount required by law, whichever
B. The City, its officers, employees, agents, and volunteers shall be
additional insureds on the policies as to comprehensive general liability, property
automotive liability. The policies as to comprehensive general liability, property
automobile liability shall provide that they are primary, and that any insurance maintained
City shall be excess
C. All insurance policies shall provide that the insurance coverage shall not
renewed, canceled, reduced. or otherwise modified (except through the addition
insureds to the policy) by the insurance carrier without the insurance carrier giving City
ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel,
otherwise modify the insurance coverage and in the event of any of the same by the
immediately notify
D. All policies of insurance shall cover the obligations of Contractor pursuant
terms of this Agreement and shall be issued by an insurance company which is authorized
business in the State of California or which is approved in writing by the City; and shall
have a current A.M. Best's rating of no less than
E. Contractor shall submit to City (1) insurance certificates indicating
the minimum insurance requirements above, and (2) insurance policy endorsements or
of the insurance policy evidencing the additional insured requirements in this Agreement,
form acceptable to
F. Self-Insured Retention/Deductibles. All policies required by this
allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or
the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay
or deductible requirements. The amount of the SIR or deductible shall be subject to
of the City. Contractor understands and agrees that satisfaction of this requirement is
condition precedent to the effectiveness of this Agreement. Failure by Contractor
insured to pay its SIR or deductible constitutes a material breach of this Agreement.
pay the SIR or deductible on Contractor's due to such failure in order to secure
indemnification as an additional insured under the policy. City may include such
damages in any action against Contractor for breach of this Agreement in addition to
damages incurred by City due to
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G. Subrogation. With respect to any Workers' Compensation
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and
it may have against the
H. Failure to Maintain Insurance. If Contractor fails to keep the
under this Agreement in full force and effect, City may take out the necessary insurance
premiums paid, plus 10% administrative overhead, shall be paid by Contractor,
may be deducted from any payments due
Contractor shall include all subcontractors, if any, as insureds under its
shall furnish separate certificates and endorsements for each subcontractor to the City
and approval. All insurance for subcontractors shall be subject to all of the
herei
11. Confidentiality. Contractor in the course of its duties may have
confidential data of City, private individuals, or employees of the City. Contractor
all data, documents, discussion, or other information developed or received by
provided for performance of this Agreement are deemed confidential and shall not
by Contractor without written authorization by City. City shall grant such
disclosure is required by law. All City data shall be returned to City upon the termination
Agreement. Contractor's covenant under this section shall survive the termination
Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports
proprietary nature specifically for and in connection with certain projects, the City
except with Contractor's prior written consent, use the same for other
12. Maintenance and Inspection of Records. In accordance
accepted accounting principles, Contractor and its subcontractors shall maintain
and complete books, documents, papers, accounting records. and other
(collectively, the "records") pertaining to the costs of and completion of services
this Agreement. The City and any of their authorized representatives shall have access
the right to audit and reproduce any of Contractor's records regarding the
under this Agreement. Contractor shall maintain all such records for a period of at
(3) years after termination or completion of this Agreement. Contractor agrees to
all such records for inspection or audit at its offices during normal business hours and
(3) days' notice from the City, and copies thereof shall be furnished
13. Conflict
A. Contractor covenants that it presently has no interest and shall not
interest, direct or indirect, which may be affected by the services to be performed
under this Agreement, or which would conflict in any manner with the performance of
hereunder. Contractor further covenants that, in performance of this Agreement,
having any such interest shall be employed by it. Furthermore. Contractor shall
appearance of having any interest which would conflict in any manner with the
its services pursuant to
B. Contractor covenants not to give or receive any compensation,
otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result
performance of this Agreement. Contractor's covenant under this section shall
termination of
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14. Termination. The City may terminate this Agreement with or without
fifteen (15) days' written notice to Contractor. The effective date of termination shall
the date specified in the notice of termination, or, in the event no date is specified,
fifteenth (15th) day following mailing of the notice. In the event of such termination,
to pay Contractor for services satisfactorily rendered prior to the effective date of
Immediately upon receiving written notice of termination, Contractor shall
services, unless the notice provides otherwise, except those services reasonably
effectuate the termination. The City shall be not liable for any claim of
15. Personnel. Contractor represents that it has, or will secure at its
all personnel required to perform the services under this Agreement. All of the
under this Agreement will be performed by Contractor or under it supervision, and
engaged in the work shall be qualified to perform such services. Contractor reserves
to determine the assignment of its own employees to the performance of
under this Agreement, but City reserves the right, for good cause, to require
exclude any employee from performing services on
16.
17. Non-Discrimination and Equal Employment
A. Contractor shall not discriminate as to race. color, creed, religion,
status, national origin, ancestry, age. physical or mental handicap, medical condition,
orientation, in the performance of its services and duties pursuant to this Agreement,
comply with all rules and regulations of City relating thereto. Such
include but not be limited to the following: employment, upgrading,
recruitment or recruitment advertising; layoff or termination; rates of pay or other
compensation; and selection for training, including
B. Contractor will, in all solicitations or advertisements for employees placed by
behalf of Contractor state either that it is an equal opportunity employer or that
applicants will receive consideration for employment without regard to race,
religion, sex, marital status, national origin, ancestry. age, physical or mental
condition, or sexual
C. Contractor will cause the foregoing provisions to be inserted in all
any work covered by this Agreement except contracts or subcontracts for
supplies or
18. Time Is of the Essence. Time is of the essence in this
shall do all things necessary and incidental to the prosecution of
19 Delays and Extensions of Time. Contractor's sole remedy for delays
control shall be an extension of time. No matter what the cause of the delay.
document any delay and request an extension of time in writing at the time of the delay
satisfaction of City. Any extensions granted shall be limited to the length of the
Contractor's control. If Contractor believes that delays caused by the City will cause it
additional costs, it must specify, in writing, why the delay has caused additional costs
incurred and the exact amount of such cost within 10 days of the time the delay
4.5.a
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additional costs can be paid that exceed the not to exceed amount absent a
to this Agreement. In no event shall the Contractor be entitled to any claim for lost
to any delay, whether caused by the City or due to some
20. Assignment. Contractor shall not assign or transfer any interest in
nor the performance of any of Contractor's obligations hereunder, without the
consent of City, and any attempt by Contractor to so assign this Agreement or any
or obligations arising hereunder shall be void and of
21. Compliance with Laws. Contractor shall comply with all
ordinances, codes and regulations of the federal, state, and local
22. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
or more of the conditions of performance under this Agreement shall not be a waiver of
condition of performance under this Agreement. In no event shall the making by City
payment to Contractor constitute or be construed as a waiver by City of any breach
or any default which may then exist on the part of Contractor, and the making of
payment by City shall in no way impair or prejudice any right or remedy available to
regard to such breach
23. Mediation. Any dispute or controversy arising under this Agreement,
connection with any of the terms and conditions hereof, which cannot be resolved by
may be referred by the parties hereto for mediation. A third party, neutral mediation
be selected, as agreed upon by the parties and the costs and expenses thereof shall
equally by the parties hereto. The parties agree to utilize their good faith efforts to
such dispute or controversy so submitted to mediation. It is specifically understood
by the parties hereto that mutual good faith efforts to resolve the same any dispute or
as provided herein, shall be a condition precedent to the institution of any action or
whether at law or in equity with respect to any such dispute or
24. Notices. Any notices, bills, invoices, or reports required by this
be deemed received on (a) the day of delivery if delivered by hand during regular
or by facsimile before or during regular business hours; or (b) on the third business
deposit in the United States mail, postage prepaid, to the addresses heretofore set forth
Agreement, or to such other addresses as the parties may, from time to time, designate
pursuant to the provisions of
"CONTRACTOR"
Woods Maintenance
dba Graffiti
7250 Coldwater
North Hollywood,
Attn.: Barry
Phone: (818)
E-Mail:
City of Diamond
21810 Copley
Diamond Bar, CA
Attn.: Greg
Phone: (909)
E-mail:
25. Governing Law. This Agreement shall be interpreted, construed and
accordance with the laws of the State of
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26. Counterparts. This Agreement may be executed in any number of
each of which shall be deemed to be the original, and all of which together shall
and the same
27. Entire Agreement. This Agreement, and any other documents
herein by reference, represent the entire and integrated agreement between Contractor
This Agreement supersedes all prior oral or written negotiations, representations or
This Agreement may not be amended, nor any provision or breach hereof waived, except
writing signed by the parties which expressly refers to this Agreement. Amendments
of the City will only be valid if signed by a person duly authorized to do so under
Purchasing
IN WITNESS of this Agreement, the parties have executed this Agreement as of
first written
"Contractor"
WOODS MAINTENANCE SERVICES, INC. CITY OF
dba GRAFFITI
B
B
Approved as
B
2y-I
Printed Name: 1 Cc4Ri
Title:
aA
Printed Name: 003G W
Title: Q.t.(' CA
David A. DeBerry,
B
ATTES
Steve Tye,
Kristina Santana,
4.5.a
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State of California "CONTRACTOR'S" License No.
CONTRACTOR'S Business Phone
Emergency Phone
at which CONTRACTOR can be reached at
*NOTE: If Contractor is a corporation, the City requires the following
(1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary,
Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If
corporate officer exists or one corporate officer holds more than one corporate office,
indicate.
The corporate officer named in a corporate resolution as authorized to enter into
A copy of the corporate resolution, certified by the Secretary close in time to the execution
Agreement, must be provided to
741322
818-764-2515
818-339-5540 (Jeff's Cell); 310-415-5083 (Josh's Cell); 818-339-5511 (Enrique's Cell)
4.5.a
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Agenda #: 4.6
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTING SERVICES AGREEMENT WITH SJC3 CONSULTING
("SJC3"), TO ADMINISTER THE CITY'S HOME IMPROVEMENT
PROGRAM (HIP) THROUGH JUNE 30, 2025.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Consulting Services Agreement with
SJC3 Consulting for Home Improvement Program Administration Services through June
30, 2025.
FINANCIAL IMPACT:
The total not-to-exceed amount of the Agreement is $100,000. Payments to the
Consultant are limited annually to no more than 20% of the approved Community
Development Block Grant (CDBG) allocation for the Home Improvement Program. It is
estimated that payments to the Consultant will be approximately $20,000 annually
based on historic funding levels. Sufficient funds are included in the CDBG budget for
FY 2020/21. For subsequent years, the annual amount will be based on the approved
budget.
BACKGROUND:
The purpose of the Home Improvement Program is to preserve and enhance single
family residential neighborhoods throughout the City by providing financial assistance to
low- and moderate-income households. The HIP allows participants to apply for
deferred loans of up to $20,000 for repairs to owner-occupied homes. Eligible owners
of single-family detached dwellings may correct hazardous structural conditions, make
modifications necessary to provide access to individuals with disabilities, improve the
overall exterior of the home, and/or correct exterior code violations. As with all CDBG-
funded programs, the administration of the Home Improvement Program is subject to
the terms of the City’s cooperative agreement with the Los Angeles County Community
Development Authority (LACDA).
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On June 16, 2015, the City entered into a Consulting Services Agreement with SJC 3 to
administer the FY2015-16 Home Improvement Program. The original Agreement
included four one-year extension options. The City has thus far exercised all of its
options, and the current option expires on June 30, 2020.
DISCUSSION:
On April 9, 2020, the City published a detailed Request for Proposals (RFP) through
PlanetBids, inviting qualified consulting firms to submit proposals to administer the
Home Improvement Program. Twelve firms viewed the RFP and two submitted
proposals: SJC 3 Consulting and CSG Consultants, Inc.
After a thorough review of the proposals, staff recommends that the City enter into a
renewed Consulting Services Agreement with SJC 3 Consulting. The factors on which
this recommendation is based are summarized below.
The City first hired SJC 3 in 2012, and the firm’s consultants have consistently
administered HIP program in an exemplary manner. The project managers’ thorough
knowledge of LACDA’s rules and regulations, combined with meticulous documentation
of expenditures and services rendered has played a major role in Diamond Bar’s
continued good standing with LACDA. In staff’s opinion, SJC 3’s continued record of
excellent service delivery warrants approval a renewal of the City’s professional
association with the firm.
SJC 3’s cost proposal came in significantly below CSG’s, assuring that the City will not
be invoiced a greater amount than mandated administrative expense limits on CDBG
funds, assuring that there will not be an impact on the General Fund. A direct cost
comparison is provided below.
FIRM HOURLY RATES NOT TO EXCEED AMOUNT
PRINCIPAL PROJECT
MANAGER
PER
PROJECT MONTHLY ANNUALLY
SJC 3 CONSULTING $ 90 $ 80 N/A $ 1,600 $ 20,000
CSG CONSULTANTS $ 199 $ 155 $ 20,000 N/A N/A
After negotiating final contract terms, SJC 3 agrees that the total of invoices within any
fiscal year will not exceed 20 percent of that year’s HIP budget.
LEGAL REVIEW:
The City Attorney has reviewed and approved the attached Consulting Services
Agreement as to form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 4.6.a Consulting Services Agreement with SJC3 Consulting
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1
CONSULTING SERVICES AGREEMENT
CDBG Non-Design Professional
THIS AGREEMENT (the "Agreement") is made as of July 1, 2020 by and between
the City of Diamond Bar, a municipal corporation ("City") and SJC 3 Consulting, 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 performance of CDBG Home
Improvement Program (“HIP”) 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 understands 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.
Greg Gubman, Community Development Director (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, 2020, and
shall continue until June 30, 2025 (“Term”) unless earlier terminated pursuant to the
provisions herein.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the scope of
services set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City. The sum of payments to Consultant per fiscal year
shall not exceed twenty (20) percent of the adopted CDBG budget allocated to the HIP
for that same fiscal year without the prior written consent of the City. Total payments to
Consultant pursuant to this Agreement shall not exceed ONE HUNDRED THOUSAND
Dollars ($100,000) 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 extra 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.
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C. 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/her designee as an amendment 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 the attached Exhibit “A”, 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, except as specifically
provided herein. 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 employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the independent
contractor relationship created by this Agreement. In the event that City is audited by any
Federal or State agency or the Public Employee Retirement System 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, its
employees or subconsultants, 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 a City of Diamond Bar business license.
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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.
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 Workers’ Compensation Act and other
employee benefit acts with respect to Consultant’s employees or Consultant’s
contractor’s employees arising out of Consultant’s work under this Agreement; and
(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
Agreement, regardless of City’s passive negligence, but excepting such loss or
damage which is caused by the sole active negligence or willful misconduct of the
City. Should City in its sole discretion find Consultant’s legal counsel
unacceptable, then Consultant 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. It is expressly understood and agreed that the
foregoing provisions are intended to be as broad and inclusive as is permitted by
the law of the State of California and will survive termination of this Agreement.
Except for the Indemnitees, this Agreement shall not be construed to extend to any
third-party indemnification rights of any kind.
(3) The Consultant's obligations to indemnify, defend and hold 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 a policy or policies of broad-
form comprehensive general liability insurance written on an occurrence basis with
minimum limits of $2,000,000.00 combined single limit coverage against any injury, death,
loss or damage as a result of wrongful or negligent acts by Consultant, its officers,
4.6.a
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employees, agents, and independent contractors in performance of services under 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.
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 at least ten (10) days 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 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.
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 Consultant 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.
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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.
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.
14. 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.
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15. 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 mailing 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.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
Consultant or under its supervision, and all personnel engaged in the work shall be
qualified to perform such services. Except as otherwise authorized by the City's Project
Manager, Beatrice Picon shall be the person who primarily performs the work provided
under this Agreement. 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 employee from performing services on
City's premises.
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed
by or on behalf of Consultant state either that it is an equal opportunity employer or that
all qualified applicants will receive consideration for employment without regard to race,
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Reserved.
19. 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.
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20. Reserved.
21. 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.
22. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without the
prior written consent of City, and any attempt by Consultant to so assign this Agreement
or any rights, duties, or obligations arising hereunder shall be void and of no effect.
23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. 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.
25. Reserved.
26. 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 which 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
mediation. It is specifically understood and agreed by the parties hereto that mutual good
faith efforts to resolve 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.
27. 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
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Approved as to form:
By: ___________________________
David DeBerry, City Attorney
*NOTE: If Consultant is a corporation, the City requires the following signature(s):
o 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
o 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.
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DESCRIPTION OF TASKS
Scope of Work/Tasks
▪ Answer public inquiries concerning the program
▪ Conduct preliminary interviews to determine eligibility status and
owner’s desired improvements for unit
▪ Obtain and review all required supporting documentation including
income verification and grant deed
▪ Conduct property inspections and costs estimates for rehabilitation
work
▪ Review and complete all applicable documents for CDBG Housing
Rehabilitation activities such as Lead-Based Paint (LBP)and Asbestos
Containing Material (ACM) review and (Section 106) historical
preservation review
▪ Obtain LBP and ACM testing, abatements, and clearances for unit, if
necessary
▪ Prepare specifications and bid documents and review bids received
with the homeowner
▪ Obtain contractor clearances through the Federal Excluded Parties List
System (EPLS) and State Contractor’s License Board
▪ Award contracts, prepare and execute documents for grants, deferred
loans and below market rate interest loans
▪ Ensure that the following forms are completed, executed, and
or/recorded: Promissory Note, Notice of Right to Cancel, Deed of Trust,
Request for Notice, Truth in Lending Disclosure, and any other forms
and documents required by the City
▪ Conduct preconstruction conference to review all proposed work with
the homeowner and contractor
▪ Conduct progress inspections to make certain that work is proceeding
in a timely manner and to authorize progress payments
▪ Execute notice of completion upon final inspection certifying that the
rehabilitation has been completed in accordance with contract
specifications
▪ Acquire lien releases from contractor and subcontractors, obtain
homeowner’s authorization for final payment, and execute close-out of
rehabilitation work by ensuring that the permanent file contains
complete documentation required for County and Federal monitoring
and auditing purposes
▪ Prepare monthly progress reports for City staff
▪ Conduct procurement of loan document preparation, asbestos testing,
and lead-based paint testing, if necessary.
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PROPOSED COST
Staff Hourly Rate Estimated
Monthly
Hours
Estimated
Monthly Cost
Beatrice Picon, Project Manager $80
20
$1,600
Regina Collins, Principal $90
As needed
Contingencies
(if necessary, and upon City
Approval)
Time and Material
Lump Sum Bid $19,200
Contract not to exceed $20,000
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Agenda #: 4.7
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTING SERVICES AGREEMENT WITH DAVID EVANS AND
ASSOCIATES, INC. FOR LANDSCAPE PLAN CHECKING SERVICES
THROUGH JUNE 30, 2023.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Consulting Services Agreement with
David Evans and Associates, Inc. to provide Landscape Plan Check and Inspection
Services through June 30, 2023.
FINANCIAL IMPACT:
The total not-to-exceed amount set forth in the Professional Services Agreement is
$375,000 ($125,000 annually). Landscape plan checking and inspection services are
funded through application and processing fees paid to the City by project applicants.
BACKGROUND:
On June 2, 2015, the City executed a Consulting Services Agreement with DEA to
provide landscape plan checking and inspection services. That Agreement provided for
an initial three-year term and allowed for the City to grant up to two (2) one-year
extensions. The current contract expires on June 30, 2020.
DISCUSSION:
On April 10, 2020, the City published a detailed Request for Proposals (RFP) through
PlanetBids, inviting landscape architectural consulting firms to submit proposals to
provide landscape plan checking services. Twenty-nine firms viewed the RFP and the
City received proposals from the following nine firms: Architerra Design Group, David
Evans and Associates, Hirsh and Associates, Nuvis, RHA, Richard Fisher Associates,
RJM Design Group, Van Dyke Landscape Architects, and Withers and Sandgren.
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After a careful review of the proposals, staff recommends that the City enter into a
renewed Consulting Services Agreement with DEA. The factors on which this
recommendation is based are summarized below.
DEA has provided landscape plan checking and inspection services to the City since
August 17, 2012. Throughout that time, the firm has consistently provided the City and
project applicants with thorough, detailed project reviews in a timely manner and
provided exemplary customer service to the City and its customers.
DEA’s rates are competitive among the proposals received. The tables below compare
either the hourly rates or flat fees for the primary staff positions . (Most firms quoted
hourly rates, but two quoted flat review fees, so separate tables are provided for direct
comparisons.)
Fee Comparison by Personnel Hourly Rate
Firm Personnel/Service Per Hour
Architerra Plan Check & Site Inspection $125.00
David Evans & Assoc. Project Manager / Senior Landscape Architect $155.00
Landscape Designer $110.00
Senior Irrigation Designer / Irrigation Auditor $140.00
Nuvis Senior Associate $155.00
Associate $140.00
RHA Principal Landscape Architect $145.00
Project Manager $130.00
Richard Fisher Assoc. Principal Plan Checker $145.00
Plan Checker $110.00
Principal Irrigation Designer Plan Checker $138.00
RJM Design Group Landscape Architect / Project Manager $155.00
Job Captain / Designer / Irrigation $140.00
VDLA Plan Check Specialist $120.00
Hirsch & Assoc. Per Project Plan Check Review Fee $2,200.00
Fee Comparison by Plan Check Review Rate
Firm Service Rate
Hirsch & Assoc. Per Project Plan Check Review Fee $2,200.00
Withers & Sandgren Preliminary Plan Check $500.00
Recheck $500.00
Revisions $400.00
Inspections $450.00
Reinspections $300.00
DEA has experienced and qualified group of landscape architects, irrigation designers
and construction managers with services focusing on landscape plan checkin g,
construction management, inspection, and general landscape architectural support to
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various municipalities such as Baldwin Park, Walnut, West Covina. Furthermore, DEA
has excellent references in addition to having delivered outstanding services to the City
throughout the years.
Mr. Todd Holmes will be the assigned project manager. Mr. Holmes has 32 years of
experience in the field of landscape architecture. He has experience in the public
sector, managing plan check and inspection services in both mun icipal and county
government agencies. Mr. Homes is the Senior Landscape Architect responsible for the
oversight of the plan checking work and will be collaborating with landscape designers
during the plan check review.
After evaluating all submitted proposals, it is recommended that the City Council
approve a three (3) year agreement with DEA to provide landscape plan checking and
inspection services based on successful performance, competitive hourly rates, and
consistency with the processing of development applications. At the end of the initial
three-year term, the City Council will have the ability to approved up to two one -year
extensions upon successful demonstration of exemplary contract performance.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.7.a Consulting Services Agreement
2. 4.7.b Scope of Work & Fee Proposal
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CONSULTING SERVICES AGREEMENT
LANDSCAPE PLAN CHECK SERVICES
THIS AGREEMENT (the "Agreement") is made as of July 1, 2020 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”).
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 landscape plan checking and
inspection 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 understands 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.
The Community Development Director, Greg Gubman, or his designee
(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, 2020 and
shall continue until June 30, 2023 unless earlier terminated pursuant to the provisions
herein.
The City shall have the option to extend this Agreement for two (2) additional
one (1) year terms, 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 exercise s 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 e xceed 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.
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3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the s cope 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 One Hundred Twenty-Five Thousand Dollars ($125,000)
per fiscal year 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 extra 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, but may withhold 30% of any
invoice until all work is completed, which sum shall be paid within 35 days of completion
of the work and receipt of all deliverables.
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 amendment 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 provisi ons 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.
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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, State agency, including the Public Employee Retirement
System, 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, its employees or subconsultants, 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 employee s. 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 a business license with the City of Diamond.
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 a ny 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 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 Agreement. Should
City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant
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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 hold 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 ins urance:
(1) a policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $1,00 0,000.00
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 single 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.
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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.
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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 subcontrac tors 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 th eir 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 fo r
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.
14. 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 th is
section shall survive the termination of this Agreement.
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15. 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 mailing 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.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
Consultant or under its supervision, and all personnel engaged in the work shall be
qualified to perform such services. Except as otherwise authorized by the City's Project
Manager, Todd Holmes shall be the person who primarily performs the work provided
under this Agreement. 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 employee from performing services on
City's premises.
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, cree d, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulation s 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.
18. 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 as agreed to by and between the Project
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Manager and the Consultant. Plan check review shall be conducted within two weeks of
receipt of plans.
19. 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.
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 i n 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 amoun t 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 am endment 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 hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
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 h ereto. The parties agree to
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utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that 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 mai l, 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”
David Evans and Associates, Inc. City of Diamond Bar
4141 East Inland Empire Blvd. Suite 250 21810 Copley Drive
Ontario, CA 91764 Diamond Bar, CA 91765-4178
Attn.: Kim S. Rhodes, Vice President Attn.: Dan Fox, City Manager
Phone: 909-481-5750 Phone: 909-839-7010
E-Mail: Kim.Rhodes@deainc.com E-mail: DFox@DiamondBarCA.gov
27. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
28. 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.
29. 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 w ritten
negotiations, representations or agreements. This Agreement may not be amended,
nor any provision or breach hereof waived, except in a writin g signed by the parties
which expressly refers to this Agreement. Amendments on behalf of the City will on ly
be valid if signed by a person duly authorized to do so under the City's Purchasing
Ordinance.
IN WITNESS of this Agreement, the parties have executed this Agreement
as of the date first written above.
"Consultant" "City"
DAVID EVANS AND ASSOCIATES, INC. CITY OF DIAMOND BAR
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By: ______ By: ____
Kim S. Rhodes, Steve Tye, Mayor
Vice President/Principal in Charge
ATTEST:
Kristina Santana, City Clerk
Approved as to form:
By:____
David 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 Assi stant
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.
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David Evans and Associates, Inc.Qualifications to Provide Landscape Plan Check Services to the City of Diamond Barforth and cumbersome storage of documents. There
will of course be instances where printing of plans is
either necessary or desired for various reasons. But,
whenever possible, our collective teams should consider
sustainable practices for plan checking and record
keeping. The DEA team can provide an exclusive and
secure FTP site for the transferring of data between
the city, applicant and DEA if so desired. These efforts
will reduce the amount of time and overall cost of doing
business – a benefit for the city, the applicant and DEA.
Approach
We have provided both a project manager and principal
in charge to ensure that we have skilled resources and
technical support to address the needs of the City of
Diamond Bar. These two positions will manage the work
and provide quality control. This approach insures that
the oversight of the work is thorough. Our organizational
chart highlights our team members available for this
contract, which includes landscape architects, designers
and construction managers within the Southern California
region alone. Our designated project manager and
principal in charge both reside in our Ontario office and
are therefore readily accessible to your team.
We anticipate the annual contract to include primarily
planting and irrigation plan checking; however, the
following typical tasks may be included on an as-needed
basis as requested by the city:
y Meetings with Project Planners
y Plan Review including consistency with the General
Plan, Development Code, applicable Ordinances, and
Design Guidelines.
y Site Visits
y Preparation of Plan Check Comments (Digital and Hard
Copy)
y Notification to and/or coordination with project
Applicants
y Supplemental Plan Checks after initial review
y Review of Construction Plans and Documents
y Inspection Services
y Preparation of Site Inspection Report for Project
Planner and Coordination with Applicant
y Landscape Advisory Resource
y Attendance at Meetings (DRC, Planning Commission,
City Council) if applicable
If selected, our team will meet with City staff and review
pertinent documents, procedures, applications, or any
other items deemed necessary to provide a thorough
understanding of the guidelines and policies required to
collectively enhance our team collaboration.
Scope of Work
Based on (and extracted from) the City’s RFP, the scope
of work shall include but not be limited to the following:
A. Plan Check Services:
1. Review landscape and irrigation plans for
completeness and compliance with the City’s Water
Efficiency Landscape Ordinance, as well as compliance
with project conditions of approval. In addition, review of
civil / grading plans to ensure consistency with landscape
plans.
2. Completion of a checklist, or similar method to
document plan check comments, and redlined plans
with review comments noted for initial and subsequent
reviews.
3. Meeting with staff and/or applicant, as may be needed
to communicate plan check comments and resolve
issues. Communication may also occur via email or
telephone to answer questions of staff or applicant.
4. Delivery and pick-up of plans, or submittal of plans and
review comments via mail.
5. Provide the schedule / timeframe for typical completion
of initial and subsequent plan checks. The City’s
objectives are for initial plan check to be completed within
two weeks of receipt, and one week for subsequent plan
checks.
B. Inspection Services:
1. Conduct field inspections, and assist staff as needed to
perform inspections of completed development projects,
and interim inspections as needed during the landscape
construction process to ensure proper installation of
irrigation and landscaping to comply with the approved
construction plans, project conditions of approval, and
City’s Ordinances.
2. Confer/coordinate with the project landscape architect,
contractor, etc., in the field and office as needed to
provide direction or clarification on issues as needed.
3. Verify landscape and irrigation audits as required by
the City’s Water Efficient Landscape Ordinance.
C. Other Services:
1. Review and provide comment on conceptual
landscape plans as requested by the City for particular
high profile or significant projects to outline any major
concerns or issues with the proposed design in the early
stages of the project review.
2. As requested by the City, assist City staff with
developing information for the public regarding the use of
drought tolerant and low-water usage plant schemes.
3. Monitor California legislation related to landscape and
water efficiency changes and inform the City of the new
requirements.
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7
David Evans and Associates, Inc.Qualifications to Provide Landscape Plan Check Services to the City of Diamond BarSection 4: Fee Proposal
Rates Effective through June, 30, 2021 (rates subject to annual increase)
Classification Hourly Rate
Project Manager / Senior Landscape Architect $155
Senior Irrigation Designer / Irrigation Auditor $140
Landscape Designer $110
Clerical $85
Reimbursable Expenses:
Client shall pay the costs plus 15% for any applicable governmental fees, title
company charges, outside vendor reproduction costs, in-house reproduction costs,
mileage, printing, postage, and delivery or messenger services incurred on client’s
behalf.
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Agenda #: 4.8
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AUTHORIZATION TO SUBMIT A LOCAL EARLY ACTION PLANNING
GRANTS PROGRAM (LEAP) GRANT APPLICATION.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Adopt Resolution No. 2020-20 authorizing staff to submit a LEAP Grant Application to
the Department of Housing and Community Development.
FINANCIAL IMPACT:
If awarded, up to $150,000 in grant funds will be available for the preparation o f the 6th
cycle Housing Element and an Inclusionary Housing Ordinance, and avoid the need to
appropriate monies from the General Fund for such purposes.
BACKGROUND:
The Department of Housing and Community Development (HCD) issued the release of
Notice of Funding Availability (NOFA) for approximately $119 million under the Local
Early Action Planning Grants Program (LEAP or Program). LEAP provides funding to
jurisdictions for the preparation and adoption of planning documents, process
improvements that accelerate housing production, and facilitate compliance in
implementing the sixth cycle of the Regional Housing Needs Assessment (RHNA).
LEAP is part of the broader program formerly known as the Local Government Planning
Support Grants Program, which was established as part of the 2019-20 Budget Act. The
2019-20 Budget Act provides a spectrum of support, incentives, resources and
accountability to meet California’s housing goals. Some specific elements include:
• Planning Support (local and regional planning grants)
• Incentives (Prohousing preference and infill incentive grants)
• Funding Resources
• Accountability (penalties for noncompliant housing plans)
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• Reform (collaborative processes to reform regional housing needs)
The Local Government Planning Support Grants Program provides one-time grant
funding to regions and jurisdictions for technical assistance, preparation and adoption of
planning documents, and process improvements. The over -arching goals of the
Program are to (1) accelerate housing production ; and (2) facilitate compliance to
implement the sixth cycle of the RHNA.
HCD is requiring jurisdictions to adopt a resolution authorizing the application for and
receipt of LEAP funds as part of the application submittal. If funding is approved, the
resolution authorizes a City designee to enter into, execute, and deliver a State of
California Agreement (Standard Agreement) for the awarded amount. Any and all
activities funded, information provided, and timelines represented in the application will
be enforceable through the executed Standard Agreement.
ANALYSIS:
The City will be required to prepare a Housing Element for the planning period of 2021 -
2029 (6th cycle) in accordance with State law. The City’s existing Housing Element
identifies strategies and programs that focus on:
1) Conserving and improving existing affordable housing;
2) Providing adequate housing sites;
3) Assisting in the development of affordable housing;
4) Removing governmental and other constraints to the housing development; and
5) Promoting equal housing opportunities.
HCD released the RHNA determination for the Southern California Association of
Governments, which was 1.34 million new housing units for the planning period of 2021 -
2029. The City intends to submit a grant application to fund the preparation of the
upcoming Housing Element and associated CEQA document, which will include the
evaluation of the City’s existing supply of affordable housing, its policies and programs.
The zoning amendments necessary to accommodate the anticipated RHNA numbers
will be funded by a separate grant, Senate Bill 2 Planning Grants Program, which the
City was awarded in the amount of $160,000.
To meet the RHNA numbers, the City would like to explore opportunities to assist with
the development of affordable residential units. One such way is through an
Inclusionary Housing Ordinance. An Inclusionary Housing Ordinance ensures the
production of affordable units in new development by establishing affordable housing
set-aside requirements on residential projects that meet certain criteria. These
requirements are set at a level that can be supported on a financially feasible basis, as
determined through an economic feasibility study. If awarded, a portion of the grant will
be used towards the creation of an Inclusionary Housing Ordinance for the City.
The maximum grant amount available for the City of Diamond Bar is $150,000.
The grant application is due July 1, 2020, and HCD will notify applicants within 30 -60
days thereafter. Projects funded by the grant must be expended by December 31, 2023.
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The Housing Element process takes approximately one year to complete and must be
adopted by October 2021. Drafting an Inclusionary Housing Ordinance also takes
approximately one year, which is consistent with the grant timeline.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.8.a Resolution No. 2020-20
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RESOLUTION NO. 2020-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, COUNTY OF LOS ANGELES, AUTHORIZING APPLICATION
FOR, AND RECEIPT OF, LOCAL GOVERNMENT PLANNING
SUPPORT GRANT PROGRAM FUNDS.
A. RECITALS.
WHEREAS, pursuant to Health and Safety Code 50515 et. Seq, the Department
of Housing and Community Development (Department) is authorized to issue a Notice
of Funding Availability (NOFA) as part of the Local Government Planning Support
Grants Program (hereinafter referred to by the Department as the Local Early Action
Planning Grants program or LEAP); and
WHEREAS, the City Council of the City of Diamond Bar desires to submit a
LEAP grant application package (“Application”), on the forms provided by the
Department, for approval of grant funding for projects that assist in the preparation and
adoption of planning documents and process improvements that accelerate housing
production and facilitate compliance to implement the sixth cycle of the regional housing
need assessment; and
WHEREAS, the Department has issued a NOFA and Application on January 27,
2020 in the amount of $119,040,000 for assistance to all California Jurisdictions .
B. RESOLUTION.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF DIAMOND BAR
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Manager is hereby authorized and directed to apply for and
submit to the Department the Application package ;
Section 2. In connection with the LEAP grant, if the Application is approved by
the Department, the Community Development Director of the City of Diamond Bar is
authorized to submit the Application, enter into, execute, and deliver on behalf of the
Applicant, a State of California Agreement (Standard Agreement) for the amount of
$150,000, and any and all other documen ts required or deemed necessary or
appropriate to evidence and secure the LEAP grant, the Applicant’s obligations related
thereto, and all amendments thereto; and
Section 3. The Applicant shall be subject to the terms and conditions as
specified in the NOFA, and the Standard Agreement provided by the Department after
approval. The Application and any and all accompanying documents are incorporated in
full as part of the Standard Agreement. Any and all activities funded , information
provided, and timelines represented in the Application will be enforceable through the
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Resolution No. 2020-20
2
fully executed Standard Agreement. Pursuant to the NOFA and in conjunction with the
terms of the Standard Agreement, the Applicant hereby agrees to use the funds for
eligible uses and allowable expenditures in the manner presented and specifically
identified in the approved Application.
The City Council shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of June, 2020.
_____________________________
Steve Tye, Mayor
ATTEST:
I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the
foregoing resolution was duly passed, approved and adopted by the City Council of the
City of Diamond Bar at a regular meeting held on the 16th day of June, 2020, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_____________________________
Kristina Santana, City Clerk
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Agenda #: 4.9
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTANT SERVICES AGREEMENT WITH THE COMDYN
GROUP, INC., FOR AS-NEEDED GEOGRAPHIC INFORMATION
SYSTEMS (GIS) AND INFORMATION TECHNOLOGY SERVICES
THROUGH JUNE 30, 2025.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Consultant Services Agreement with The
Comdyn Group, Inc., for as-needed GIS and information technology services through
June 30, 2025.
FINANCIAL IMPACT:
The total not-to-exceed amount set forth in the Consultant Services Agreement is
$200,000 ($40,000 annually). Sufficient funds are included in the FY 2020/21 budget
for Information Systems. For subsequent fiscal years, the annual amount will be based
on the approved budget.
DISCUSSION:
The City currently utilizes technical personnel from The Comdyn Group, Inc (“Comdyn”)
on an as-needed basis. Comdyn provides specific technical assistance for the City’s
Geographical Information System (GIS) program. For many years, the City has utilized
Comdyn GIS staff to assist in the creation of the underlying databases, base maps, and
other crucial elements/deliverables of the City’s GIS Strategic Plan and in support of the
Community Development Department, Public Works Department, and the City
Manager’s Office.
ANALYSIS:
Staff continues to be satisfied with the performance of Comdyn technical staff , who
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have proven to be highly qualified and very familiar with City systems and programs.
Comdyn provides GIS technical skills and expertise that are not provided by City staff.
The City’s current GIS consultant is only available through Comdyn and has over a
decade of experience providing highly specialized services that are unique to the City of
Diamond Bar. It is impractical to obtain a similar level of service from another vendor
without significant onboarding costs due to the amount of intuitional knowledge required
by the position.
The City spends approximately $36,000 per year (billing rate of $79.43 per hour) for GIS
consulting services. Actual annual expenditures will vary based on the needs of the City
but will not exceed the total value of the agreement or annual budgeted resources .
LEGAL REVIEW:
The City Attorney has approved the Consulting Services Agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.9.a Comdyn Group Contract
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CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of July 1, 2020 by and
between the City of Diamond Bar, a municipal corporation ("City") and The Comdyn
Group, 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 GIS and other Information Technology
Consultant 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 understands 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.
Ken Desforges, Director of Information Systems (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 July1, 2020, and
shall continue until June 30, 2025 ("Term"), unless earlier terminated pursuant to the
provisions herein.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the 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 Two Hundred Thousand Dollars ($200,000) 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 extra 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.
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C. City will pay Consultant the amount invoiced the City will pay Consultant
the amount properly invoiced within 35 days of receipt, but may withhold 30% of any
invoice until all work is completed, which sum shall be paid within 35 days of completion
of the work and receipt of all deliverables.
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 amendment 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, except as
specifically provided herein. 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 employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. In the event that City is
audited by any Federal or State agency regarding the independent contractor status of
Consultant and the audit in any way fails to sustain the validity of a wholly independent
contractor relationship between City and Consultant, then Consultant agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such
audit and any appeals relating thereto.
C. Consultant shall fully comply with 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,
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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.
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 Workers’ Compensation Act and other
employee benefit acts with respect to Consultant’s employees or Consultant’s
contractor’s employees arising out of Consultant’s work under this Agreement;
and
(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
Agreement, regardless of City’s passive negligence, but excepting such loss or
damage which is caused by the sole active negligence or willful misconduct of
the City. Should City in its sole discretion find Consultant’s legal counsel
unacceptable, then Consultant 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. It is expressly understood and agreed that
the foregoing provisions are intended to be as broad and inclusive as is permitted
by the law of the State of California and will survive termination of this
Agreement. Except for the Indemnitees, this Agreement shall not be construed
to extend to any third party indemnification rights of any kind.
(3) The Consultant's obligations to indemnify, defend and hold harmless
the City shall survive termination of this Agreement.
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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; and
(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.
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.
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 at least ten (10) days 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 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.
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.
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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 Consultant 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.
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
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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.
14. 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.
15. 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.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
Consultant or under its supervision, and all personnel engaged in the work shall be
qualified to perform such services. Except as otherwise authorized by the City’s Project
Manager, Ruel “JR” Dira shall be the person who primarily performs the work provided
under this Agreement. 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 employee from performing services on
City's premises.
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17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed
by or on behalf of Consultant state either that it is an equal opportunity employer or that
all qualified applicants will receive consideration for employment without regard to race,
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or
mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. RESERVED
19. 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.
20. RESERVED
21. RESERVED
22. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. 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
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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.
25. 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.
26. 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
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.
27. 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”
The Comdyn Group, Inc. City of Diamond Bar
P.O, Box 4406 21810 Copley Drive
Thousand Oaks, CA 91359 Diamond Bar, CA 91765-4178
Attn.: Karen Auzat Attn.: City Clerk
Phone: (805) 418-1812 Phone: (909) 839-7010
E-Mail: Admin@comdyn.com E-mail: CityClerk@Diamondbarca.gov
28. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California. The venue for any
action brought under this Agreement shall be in Los Angeles County.
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
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Exhibit “A”
Scope of Services:
The Comdyn Group Inc will provide Security, GIS and other Information Technology
Consultants to the City of Diamond Bar on an “as needed basis”.
Anticipated Annual Use:
GIS Consulting - $36,500 (@460 hours @ 79.43 per hour)
Compensation & Payment Schedule:
Existing Contractor Billing rate(s) for the City of Diamond Bar:
• GIS Consultant – Billing Rate = $79.43/hour
New Contractor Billing rate(s) for the City of Diamond Bar:
• Payroll Service (City located contractor)
o Contractor base hour pay rate + a 25% Mark-up
• Standard Contractors (Comdyn located contractor)
o Contractor base hourly pay rate + a 40% Mark-up
Actual rates may vary over the term of the agreement as they are based upon the type
of service provide and successfully negotiations with each individual providing that
service. Per Section 15 Personnel/Designated Person of this agreement, any changes
in assigned staff or billing rate must be approved in writing by the project manager.
Terms are net 30 on invoices submitted with approved contractor time cards.
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Agenda #: 4.10
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: MAINTENANCE SERVICES AGREEMENT WITH INTEGRUS LLC,
(DBA ADVANCED OFFICE) FOR COPIER MAINTENANCE SERVICES
AND SUPPLIES THROUGH JUNE 30, 2025.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve, and authorize the Mayor to sign, a Maintenance Services Agreement with
Integrus LLC, (dba Advanced Office) for copier maintenance services and supplies
through June 2025.
FINANCIAL IMPACT:
The total not-to-exceed amount set forth in the Maintenance Services Agreement is
$80,000 ($16,000 annually). Sufficient funds are included in the FY 2020/21 budget for
such services. For subsequent fiscal years, the annual amount will be based on the
approved budget.
DISCUSSION:
The City currently has six copiers at City Hall and one copier at the Diamond Bar
Center, for a grand total of seven copiers. All but one of the copiers are beyond the
manufacturer’s warranty and the one copier that i s still under warranty will expire in
October 2020.
With the current copier maintenance and supply contract expiring June 30, 2020, staff
solicited bids for a new service contract with the following requirements:
• Response within four business hours.
• Unlimited support calls that include all parts and labor.
• Scheduled cleanings.
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• Inclusion of all supplies (toner, drums, rollers, maintenance kits, etc.) except for
paper and staples.
• All firmware updates.
• Unlimited training.
ANALYSIS:
Consistent with the purchasing ordinance, the City publicly solicited bids. Four vendors
submitted bids, including:
• Integrus LLC, dba Advanced Office
• CBE Office Solutions
• JTF Business Systems
• Electronic Risk Consultants
The bid responses from JTF Business Systems and Electronic Risk Consultants were
not compliant with the requirements of the Request for Proposal (RFP) because neither
was officially authorized by the manufacturer of the copiers to provide support and
service. Therefore, JTF Business Systems and Electronic Risk Consultants were
disqualified.
Qualifying bids from Integrus LLC, dba Advanced Office and CBE Office Solutions were
reviewed for price. Pricing is based on per copy charges that may differ by machine and
by copy type (black and white or color). To compare how the proposed cost per copy
rates translate into actual expenses staff used the historical average usage to calculate
the estimate annual maintenance cost by machine. Then the cost of each machine was
added together to generate the total estima ted annual cost from each firm.
Bidder Estimated Annual Cost
Integrus LLC, dba Advanced Office $15,985.32
CBE Office Solutions $17,377.80
Upon review of these bids, staff has determined that Integrus LLC, dba Advanced Office
(Advanced Office) is the most responsible bidder, meeting all of the RFP requirements
with the lowest cost. The City has utilized the services of Integrus LLC, dba Advanced
Office in the past and been very satisfied with their performance.
*Please note that the $80,000 not to exceed amount requested is slightly greater than
the sum of the five-year estimated annual cost, due to the fact that the annual cost
estimate is based on historic averages and best estimates regarding the future. Future
usage rates could vary based on need or unforeseen impacts such as COVID-19.
However, in all cases the City will only be charged for actual usage, and the total
amount will not exceed the contract or budget amount.
LEGAL REVIEW
The City Attorney has reviewed and approved the Maintenance Services Agreement as
to form.
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PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.10.a Advanced Office Contract
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MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of July 1, 2020 by and between the
City of Diamond Bar, a municipal corporation ("City") and Integrus LLC, dba Advanced Office,
a Delaware Limited Liability corporation ("Contractor").
1. Contractor's Services.
Subject to the terms and conditions set forth in this Agreement Contractor shall provide
to the reasonable satisfaction of the City the Copier Maintenance 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, Contractor represents and warrants that it has
thoroughly investigated the work and fully understands the difficulties and restrictions in
performing the work. Contractor 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.
Ken Desforges, Information Systems Director_(herein referred to as the “City’s Project
Manager”), shall be the person to whom the Contractor will report for the performance of
services hereunder. It is understood that Contractor 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 Contractor 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, 2020 and shall
continue until June 30, 2023 ("Term"), unless earlier terminated pursuant to the provisions
herein.
The City shall have the option to extend this Agreement for two (2) additional one (1)
year terms, 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.
3. Compensation. City agrees to compensate Contractor for each service which
Contractor 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 Contractor pursuant to this Agreement shall not exceed
Eighty Thousand Dollars ($80,000) 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, Contractor shall submit to City an invoice
for the services completed, authorized expenses and authorized extra 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.
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C. City will pay Contractor the amount invoiced the City will pay Contractor 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 amendment 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 Contractor.
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. Contractor is, and shall at all times remain as to City, a wholly independent
contractor. Contractor 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, except as specifically provided herein.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of
Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any
time, or in any manner, represent that it or any of its agents or employees are in any manner
employees of City.
B. Contractor agrees to pay all required taxes on amounts paid to Contractor 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 or the Public Employee Retirement System regarding the independent contractor
status of Contractor and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Contractor or its employees, then
Contractor agrees to reimburse City for all costs, including accounting and attorney's fees,
arising out of such audit and any appeals relating thereto.
C. Contractor shall fully comply with Workers' Compensation laws regarding
Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City
harmless from any failure of Contractor to comply with applicable Worker's Compensation
laws.
D. Contractor shall, at Contractor’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 Contractor under this Agreement any amount due to
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City from Contractor as a result of Contractor'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 Contractor’s failure to comply with this Section.
8. Standard of Performance. Contractor 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.
Contractor 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 Contractor’s employees or Contractor’s contractor’s
employees arising out of Contractor’s work under this Agreement; and
(2) Any and all claims arising out of Contractor's performance of work hereunder
or its failure to comply with any of its obligations contained in this Agreement,
regardless of City’s passive negligence, but excepting such loss or damage which is
caused by the sole active negligence or willful misconduct of the City. Should City in its
sole discretion find Contractor’s legal counsel unacceptable, then Contractor 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 Contractor shall promptly
pay any final judgment rendered against the Indemnitees. It is expressly understood
and agreed that the foregoing provisions are intended to be as broad and inclusive as is
permitted by the law of the State of California and will survive termination of this
Agreement. Except for the Indemnitees, this Agreement shall not be construed to
extend to any third party indemnification rights of any kind.
10. Insurance.
A. Contractor 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 $2,000,000.00 combined single
limit coverage against any injury, death, loss or damage as a result of wrongful or
negligent acts by Contractor, 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;
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(3) automotive liability insurance written on an occurrence basis covering all
owned, non-owned and hired automobiles, with minimum combined single limits
coverage of $2,000,000.00; and
(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.
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.
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 at least
ten (10) day's prior written notice thereof. Contractor 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 Contractor pursuant to the
terms of this Agreement and 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.
E. Contractor 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 Contractor (as the named insured) should Contractor fail to pay the
SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the
approval of the City. Contractor understands and agrees that satisfaction of this requirement is
an express condition precedent to the effectiveness of this Agreement. Failure by Contractor
as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement.
Should City pay the SIR or deductible on Contractor’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 Contractor 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 Contractor, which
amounts may be deducted from any payments due Contractor.
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I.Contractor 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.
11. Confidentiality. Contractor in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Contractor covenants
that all data, documents, discussion, or other information developed or received by Contractor
or provided for performance of this Agreement are deemed confidential and shall not be
disclosed by Contractor 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. Contractor's covenant under this section shall survive the
termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor
prepares reports of a proprietary nature specifically for and in connection with certain projects,
the City shall not, except with Contractor's prior written consent, use the same for other
unrelated projects.
12.Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Contractor 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 Contractor's records regarding the services
provided under this Agreement. Contractor shall maintain all such records for a period of at
least three (3) years after termination or completion of this Agreement. Contractor 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. Contractor 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
Contractor under this Agreement, or which would conflict in any manner with the performance
of its services hereunder. Contractor further covenants that, in performance of this Agreement,
no person having any such interest shall be employed by it. Furthermore, Contractor 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. Contractor 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. Contractor's covenant under this section shall survive the
termination of this Agreement.
14. Termination. The City may terminate this Agreement with or without cause
upon fifteen (15) days' written notice to Contractor. 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 mailing of the notice. In the event of such termination, City
agrees to pay Contractor for services satisfactorily rendered prior to the effective date of
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termination. Immediately upon receiving written notice of termination, Contractor 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. Contractor represents that it has, or will secure at its own expense,
all personnel required to perform the services under this Agreement. All of the services
required under this Agreement will be performed by Contractor or under it supervision, and all
personnel engaged in the work shall be qualified to perform such services. Contractor
reserves the right to determine the assignment of its own employees to the performance of
Contractor's services under this Agreement, but City reserves the right, for good cause, to
require Contractor to exclude any employee from performing services on City's premises.
16. Reserved
17. Non-Discrimination and Equal Employment Opportunity.
A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement, and will
comply with all rules and regulations of City relating thereto. Such nondiscrimination shall
include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of Contractor 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. Contractor 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.
18. Time Is of the Essence. Time is of the essence in this Agreement. Contractor
shall do all things necessary and incidental to the prosecution of Contractor's work.
19 Delays and Extensions of Time. Contractor's sole remedy for delays outside
its control shall be an extension of time. No matter what the cause of the delay, Contractor
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 Contractor’s control. If Contractor 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 Contractor be entitled to any claim for lost
profits due to any delay, whether caused by the City or due to some other cause.
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20. Assignment. Contractor shall not assign or transfer any interest in this
Agreement nor the performance of any of Contractor's obligations hereunder, without the prior
written consent of City, and any attempt by Contractor to so assign this Agreement or any
rights, duties, or obligations arising hereunder shall be void and of no effect.
21. Compliance with Laws. Contractor shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
22. 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 Contractor 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 Contractor, 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.
23. 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 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.
24. 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.
“CONTRACTOR” “CITY”
Integrus LLC, dba Advanced Office City of Diamond Bar
14370 Myford Road, Suite 100 21810 Copley Drive
Irvine, CA 92606 Diamond Bar, CA 91765-4178
Attn.: Attn.: City Clerk
Phone: (714) 547-9500 Phone: (909) 839-7010
E-Mail: E-mail: KSantana@diamondbarca.gov
25. Governing Law. This Agreement shall be interpreted, construed and enforced
in accordance with the laws of the State of California.
26. 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.
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27. Entire Agreement. This Agreement, and any other documents incorporated
herein by reference, represent the entire and integrated agreement between Contractor 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.
IN WITNESS of this Agreement, the parties have executed this Agreement as of the
date first written above.
"Contractor" "City"
Integrus LLC, dba Advanced Office CITY OF DIAMOND BAR
By: By: ____
Printed Name: Steve Tye, Mayor
Title:
By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
Approved as to form:
By:____
David DeBerry,City Attorney
CONTRACTOR'S Business Phone ____________________.
Emergency Phone ________________________
at which CONTRACTOR can be reached at any time.
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*NOTE: If Contractor 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.
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Proposal Prepared
For:
Alfredo Estevez
City of Diamond Bar
REQUEST FOR
PROPOSALS RESPONSE
Copier Maintenance &
Supplies
Prepared By:
Mark Wiseman
(951) 255.9280
877-547-9500
Orange County ● Los Angeles ● Inland Empire ● San Diego
Exhibit A 4.10.a
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Prepared By
Mark Wiseman
951.255.9280.
Alfredo Estevez
City of Diamond Bar
21810 Copley Dr.
Diamond Bar, CA 91765
Dear Alfredo,
Thank you for considering Advanced Office to help you in your upcoming document solution
decision. From our discussion, I am submitting the following proposal for your approval.
When selecting a solution or equipment, there are many variables you need to consider: the company, the
features of the product, the quality of the product, the financing available, the cost to obtain the equipment,
and the service support you will receive. Each company or individual has their own criteria when making a
long-term decision, but we feel that Advanced Office can offer you a complete solution to your needs.
Our Total Satisfaction Commitment is your assurance of receiving the highest quality hardware and
software products supported by an old-fashioned work ethic and dedication to deliver customer service the
way it was meant to be.
I appreciate the opportunity to propose a solution for City of Diamond Bar and look forward to achieving
your goals and objectives.
Sincerely,
Mark Wiseman
Mark Wiseman
Major Accounts
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Prepared By
Mark Wiseman
951.255.9280.
About Us
Since 1977, Advanced Office has been one of Southern California’s premiere office equipment solution
providers. Our success is based solely on our customer first approach and best in class products and
solutions.
Customer service is our number one focus and priority. Anyone can sell a product, but repeat business
and long-term business relationships are developed by having consistently satisfied customers. For nearly
four decades we’ve built our reputation through a commitment to providing 100% customer satisfaction.
Products and Solutions:
Multifunction Color and BW Copiers
Printers, Fax, Scanners, Wide Format, Digital Duplicators
Intelligent Scanning Solutions, Capture & Distribution Solutions
Storage and Management Solutions, Output & Security Solutions
Service:
Average Technician Tenure of over 15 years
Average Response Time of under 4 hours
Every Technician is Factory Trained and Certified by the Manufacturer
Support:
Ownership is involved and accessible by phone, e-mail, or in person visits
Live local customer service center
IT Help Desk with remote support capabilities
Serving Orange County, San Diego, Los Angeles, Riverside, and San Bernardino
Testimonials:
“We want to express our appreciation for your help with our office equipment needs and for MANY years of
excellent customer service.” -T.F.
“Not only were we given better pricing on both the equipment and the maintenance agreements, but the
customer service has been exceptional. We know we made the right decision…” -K.H.
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Prepared By
Mark Wiseman
951.255.9280.
Proposal valid for 120 days
Service and Supply contract for:
1 Ricoh MP 7503 Copier Large Capacity Tray & Finisher (3Hole punch & Stapler,
Booklet) Black & White City Hall
2 Ricoh MP 7503 Copier Large Capacity Tray & Finisher (3Hole punch & Stapler,
Booklet) Black & White DBC
3 Ricoh MP 8003 Color Copier Large Capacity Tray & Finisher (3Hole punch &
Stapler, Booklet) Color City Hall
4 Ricoh MP C5503 Color Copier Large Capacity Tray & Finisher (3Hole punch &
Stapler, Booklet) Color City Hall
5 Ricoh MP 301 Desktop Copier Extra paper Tray Black & White City Hall
6 Ricoh SP 5200S Desktop Copier Extra paper Tray Black & White City Hall
7 Ricoh MP 7502 Copier Large Capacity Tray & Finisher (3Hole punch & Stapler,
Booklet) Black & White City Hall
Full Service and Supply Agreement:
Average monthly:
33,800 Black, billed at: .0067
32,000 Color, billed at: .049
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The Advanced Office Performance Guarantee
We are confident in our ability to deliver the highest level of service.
Here is our guarantee to you!
4 Hour Average Response Time Guarantee
Advanced Office averages 4-hour response time from the time the call is placed
until a technician arrives at your office during regular business hours. This is
measured within calendar quarters.
98% Uptime Guarantee
Advanced Office guarantees 98% uptime, to ensure your product is operable
more than 98% of the time during regular business hours of Advanced Office,
over the course of a calendar year.
5 Year Replacement Guarantee
If your product cannot be repaired to manufacturer’s specifications, Advanced
Office will replace it with a like for like product. The product must be
continuously covered by an Advanced Office all-inclusive maintenance contract.
4.10.a
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Prepared By
Mark Wiseman
951.255.9280.
Implementation Schedule
________ Authorize Paperwork and Order Equipment
________ Delivery and Setup of New Equipment
________ Network Connection and Training
________ Finalize Implementation with Delivery & Acceptance
_______________________________________ ________ ________________________________________________
Client Authorization Date Advanced Office Date
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About our
Maintenance Agreement
What the Maintenance Agreement Includes
Unlimited Service Calls
All Parts, Labor, and Supplies
o Toner, drums, rollers, etc. (everything except paper and staples)
Unlimited Training
Regular Firmware Updates
Help Desk Remote Troubleshooting
No Charge Loaner Equipment
How Advanced Office Delivers Service
Under 4 hour average response time guaranteed
o Actual 2017 average response time: 2.8 hours on over 19,500 service calls.
Live local customer service representatives
Customer Info Portal for 24/7 access to account information and service call placement
Factory trained, certified, and experienced technicians that live and work in the local community
Vehicles stocked with all of the most common parts
How Advanced Office Stands Apart
Response Time
o We pick up the phone, we communicate our ETA, and we get to you fast. It’s as simple as that. Most
companies promise 4 hour average response time and can’t deliver. We promise 4 hours and get there
sooner. In fact, our actual 2017 average response time for over 16,500 service calls was 2.8 hours.
Parts and Supplies Availability
o We know that if something goes wrong, you need your equipment back up and running quickly. Our
central and local warehouses are managed by our state of the art software that tracks usage, current
needs, and real time levels to ensure that we continually restock all of our tech vehicles and always have
the needed parts and supplies on hand.
No Caps on Needed Toner or Parts
o We never deny you the toner or parts needed to run your equipment, no matter what day of the month
it is. Our technicians don’t have a “parts budget” like other companies. If your machine needs a part or
is out of toner, we make sure you get it.
Help Desk & Training
o We provide unlimited ongoing phone, remote, and on-site training and troubleshooting. Whether you
have new employees, need a refresher, have a complex print job, or just can’t figure something out, we
are here to help. We want you to get the most out of your investment.
40 Years of Positive Customer Experiences
o We’ve been a member of the Southern California community since 1977 and we’re proud to have so many
customers that have been with us for decades. Over this time we’ve built our reputation for being
reliable, knowledgeable, and true to our word.
www.goadvanced.com 877 -547-9500
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Corporate Office: 14370 Myford Rd., Suite 100, Irvine, CA 92606
Phone: 877-547-9500 • Fax: 714-543-1479
Date
Contact:
Phone:
Customer Bill To Number Sales Rep Billing Plan CSR
INCLUDED:NOT INCLUDED:Alternate contact info for Meter Reads:
4-Hour Average Response Time, All Travel, Parts and Labor Paper, Staples, Exterior Plastic, and Glass Name:
(including drum, PM kits, toner and developer)
Phone:
BASE CHARGE FREQUENCY PER PAGE OVERAGE FREQUENCY
Billed in Advance (M/Q/A):Billed in Arrears (M/Q):Email:
Monthly
Print Scan Plus support:
BW Base Copies/Prints Included if Grouped:33,800 $0.00670
Color Base Copies/Prints Included if Grouped:32,000 $0.04900
Make/Model Base Amount
Ricoh MP 7503
Ricoh MP 7503
Ricoh MP 8003
Ricoh MPC5503
Ricoh MP 301
Ricoh SP 5200S
Ricoh MP 7502
Special Provisions:Total Base Charge
$1,794.46
Start Date:End Date:
Customer Authorized Signature Title Advanced Office Authorized Signature
Print Name Date Print Name Date
Form ID# AOCPC-MA
Rev. 3-25-19
Page 1 of 2
Term of Agreement
This agreement is between ADVANCED OFFICE and the CUSTOMER noted above. All charges and amounts subject to applicable taxes. The additional Terms and Conditions on Page 2 hereof
are incorporated in and made part of this agreement. You agree to pay invoices according to Advanced Office’s terms, which are C.O.D. unless otherwise stated above. In the event it
becomes necessary for Advanced Office to file suit to enforce payment, you agree to pay per Advanced Office’s terms all legal fees and/or related costs of collection. All financial and credit
information you supply or have supplied on your behalf is a part of this agreement. Misleading or false information would constitute misrepresentation.
Customer Authorization Advanced Office Authorization
Start MeterSerial Number Base Copies/Prints Included
(if Not Grouped)
Diamond Bar, CA 91765
Per Copy/Print Overage
Contract NumberCustomer Ship to Number
Diamond Bar, CA 91765--
Alfredo Estevez
Agreement Details
Maintenance Agreement
BW Per Copy/Print Overage if Grouped:
Color Per Copy/Print Overage if Grouped:
Terms
Dianna HoneywellBilling Contact:
Alfredo Estevez' <AEstevez@DiamondBarCA.Gov>
Billing
Monthly
Ship To Bill To
City of Diamond Bar City of Diamond Bar
21810 Copley Dr.
Alfredo Estevez
(909) 839-7083
(909) 839-7083 (909) 839-7050
Customer
Mark Wiseman
21810 Copley Dr.
Phone:
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Rev. 3-25-19 InitialsPage 2 of 2
Maintenance Agreement Terms and Conditions
Advanced Office (AO) agrees to perform maintenance service, with respect to the equipment on the reverse side, in accordance with the following terms and conditions:
1. Acceptance -This order is subject to acceptance only by an authorized representative of AO. Notice of acceptance is hereby waived by Cust omer.
2. Condition -The equipment must be in good condition on the commencement date of this Agreement. AO shall charge for parts and labor requi red to place the
equipment in such condition unless covered under any applicable warranties or a continuous maintenance agreement with AO. AO will invoice the Customer for the
additional items.
3. Renewal and Meter Reads -For equipment on continuing maintenance, the Starting Meter shall be the last meter billed. For new equipment, the starting meter will be
the count after setup and upon delivery. This agreement will be automatically renewed unless otherwise noted in writing by either party at least 30 days before the
contract end date at AO rates and terms in effect at the time of renewal. In the case of overages and cost adjustments, customer agrees to comply with any billing
procedures designated by AO, including notifying us of the meter reading at the end of each cycle. If meter reads are not obtained within the required time frame, AO
reserves the right to estimate meters based on usage history. AO may provide and/or enable monitoring software/hardware for remote diagnostic purposes, firmware
upgrades, meter count retrieval, or any other capability as determined by AO. At the end of the first year of this Agreement and once each successive twelve month period,
we may increase the per copy/print charge to cover cost increases. A copy/print is defined as one side of one 8.5" x 11" sheet of paper.
4. Overages -The customer agrees to pay overage charges if the number of copies metered exceeds the maximum allowable listed on the reverse side. The customer’s
obligation to pay all charges which have accrued shall survive any termination of this agreement. If scan volumes exceed copy/print volumes, excess scans may be billed at
prevailing rate.
5. Business Hours -Necessary service calls performed during normal business hours are included in this Agreement. “Normal business hours” shall mean 8:00 a.m. to 5:00
p.m., Monday through Friday, exclusive of holidays.
6. Access -Customer agrees to provide a suitable environment for the equipment as specified by AO, including adequate space and accessib ility, electrical power,
temperature control, and to provide AO full and free access to the equipment to provide maintenance service. Customer shall provide free of charge or validated parking
for service vehicles. AO reserves the right to bill Customer and Customer agrees to pay for parking charges not otherwise reimbursed.
7. Key Operator -Customer must provide AO with a “Key Operator” who will perform basic assignments and responsibilities as instructed by AO. This agreement will
provide training of persons designated as Key Operators.
8. Consumable Supplies -When this agreement includes consumable supplies such as toner, developer and drums, the following conditions apply:
a. It will be the manufacturer’s average yields which are used to compute the amount of supplies provided to the customer with this agreement.
b. When the consumption of supplies exceeds the manufacturer’s average yields, then AO will, at their discretion, charge the customer for the consumable supplies
required to complete the remaining copies/prints on this contract.
c. To offset our costs for shipping, handling, and/or delivery of supplies, AO may charge a supply shipping charge not to exceed $7.95 per machine, per month, plus
applicable taxes. The shipping charges will appear on the customer’s regular billing statement.
9. Included Parts and Labor -AO will furnish all the parts and labor (as specified or excluded on the reverse side hereof) to keep the equipment in good working order.
Maintenance will include lubrication, adjustments and preventative maintenance based upon the specific needs of the individual machine and the replacement of included
parts and supplies, all as deemed necessary by AO. Parts required for repair may be recycled or reconditioned, and replaced parts become the property of AO at its option.
10. Exclusions -Separate charges for repairs or replacement of parts due to the following shall be paid for by the customer at the AO current rates for service and parts at
time such service is performed:
a. Repairs resulting from causes other than normal use; abuse or misuse by the operators (including without limitation damage to photo conductors); accident; theft;
neglect; acts of third parties; fire; water; casualty or other natural force.
b. Repairs made necessary by service performed by personnel other than AO.
c. Repair of damage or increase in service time caused by the use of any supply item which causes machine damage or excessive service, or does not meet the
manufacturer’s minimum physical property guidelines or specifications.
d. Repair of damage or increase in service time caused by the use of the equipment for purposes other than for which designed, or beyond manufacturer’s recommended
usage, specifications, or applications.
e. Service connected with the replacement of paper and toner, and emptying of toner waste receptacles.
f. Service connected with relocation of equipment.
g. Adding or removing accessories.
h. Service of accessories, attachments or devices not provided for under the terms of this agreement.
i. Service calls resulting directly from operator error or neglect.
j. Repair of damage or increase in service due to customer not replacing supplies or parts at required intervals.
k. The discontinuation of parts support by the manufacturer or AO’s inability to provide service due to any event beyond its control.
l. Installing, removing, re-installing or maintenance of electrical, computer, cabling, software, and/or related equipment, acce ssories, attachments, options or other devices
external to the Equipment. Refinishing the Equipment, inspecting altered Equipment or performing services connected with relocation of Equipment. Re-installation or
addition of drivers. Troubleshooting, maintenance, or repair of Customer network issues.
m. Overhaul or refurbishing of Equipment when, in AO's expert opinion, the Equipment has reached a point where normal maintenance, as covered in this agreement,
cannot maintain the Equipment in good working order.
11. Print Scan Plus Support -If selected (for an additional annual, quarterly, or monthly charge), includes phone, remote, and onsite troubleshooting, diagnosis, and repair
of issues relating to printing, scanning and faxing. Covers reloading and adding of drivers, scan destinations ,and address book entries. AO technicians must have access to
customer representative that has the computer and network administrator passwords. Customer is responsible for creation and maintenance of network infrastructure to
support desired network MFP functions. Full reconnect to print and scan after moving a machine is not covered.
12. Loaner Equipment -Should the covered Equipment require in-shop servicing or will be unusable for a period exceeding 24 hours, Customer may request loan
Equipment, which, if available, will be provided at no additional cost.
13. Irreparable Equipment -When in AO’s opinion, the machine is irreparable, AO reserves the right to cancel this contract (and/or the specific equipment) without penalty
to either party.
14. Delinquency -If Customer’s account with AO is not current, AO may 1) refuse to service equipment and/or 2) cancel this Agreement immediately. If Agreement is
cancelled, any service, parts or supplies which were rendered during the Agreement period will be billed at AO's then current rates and terms. Any unused consumable
items provided by AO under this agreement will remain the property of AO and be returned promptly upon termination of this agreement by either party. AO will invoice
for, and Customer agrees to pay for, any unused consumable items not returned at contract termination. Customer agrees to pay all collection costs, court costs and
reasonable attorney’s fees incurred in enforcement of any obligations hereunder by AO or AO assignee.
15. Contract Termination -This agreement may be terminated effective at the end of the first year, or thereafter by either party without incurring any liability to the other
party as a result of such termination provided thirty (30) days advance written notice of termination is given to the other party. Notwithstanding the above, either party
may terminate this Agreement for failure of the other to comply with any of its terms and conditions. Maintenance service performed by AO after the termination of the
Agreement shall be charged to the Customer at AO's applicable time and material rate and terms then in effect.
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Agenda #: 4.11
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PROFESSIONAL SERVICES AGREEMENT WITH TENNIS ANYONE,
INC. FOR CONTRACTED TENNIS INSTRUCTION THROUGH JUNE
30, 2021.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Professional Services Agreement with
Tennis Anyone, Inc. to provide contract tennis instructions through June 30, 2021.
FINANCIAL IMPACT:
The total not-to-exceed amount of the Agreement for Fiscal Year 2020-2021 would be
$70,000. Sufficient funds are included in the Fiscal Year 2020 -2021 Contract Class
Services budget to cover the cost of such services. These fees are collected from
participants attending youth and adult tennis classes.
BACKGROUND:
Tennis Anyone has provided the City of Diamond Bar with quality tennis instruction
since 2000. The most recent agreement was created in Fiscal Year 2014-2015 and was
extended for five years through June 30, 2020. A new RFP, dated May 21, 2020, was
published on PlanetBids®, closing June 4, 2020. One (1) response was returned, by
Tennis Anyone, Inc., meeting the minimum qualifications of the RFP.
ANALYSIS:
On May 21, 2020 City staff published a Request for Proposal for Tennis Instruct ion
Services on Planet Bids. The bidding period closed on June 4, 2020 with one proposal
received from Tennis Anyone, Inc. Hourly rates for Tots and Youth camps, group
classes and semi-private classes ranged from $8.00 to $25.00, while Adult group
classes, semi-private, and private lessons hourly rates ranged from $13.00 to $50.00.
4.11
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Based on the bid, references, company experience, and a successful twenty-year
history with the City of Diamond Bar, Tennis Anyone, Inc. was determined to be the best
overall company to provide the service for the City. Tennis Anyone has the built -in staff
which are ready to continue to meet the City’s Contract Class program needs
immediately. Head Coach and owner of Tennis Anyone, Inc., Bill Bush has been a
USPTA certified teaching professional for 20 years. His exceptional coaching
experience and experienced management team best meet Diamond Bar’s Contract
Class Program tennis needs.
The Tennis Anyone hourly rate, which is passed through the client, is shared between
the Contractor and the City at a 70%/30% split. Staff believes the rates are appropriate
for the level of service and availability of tennis coaching staff required for large scale
training. It is recommended that City Council approve a one-year agreement with Tennis
Anyone for tennis instruction services for the Fiscal Year 2020-2021. Based on current
enrollment estimates, approximately $70,000 of Contract Class Contract Services will
be allocated to Tennis Anyone, Inc.
LEGAL REVIEW:
The City Attorney has reviewed and approved the agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.11.a Tennis Anyone Contract
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TENNIS INSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of July 1, 2020 by and
between the City of Diamond Bar, a municipal corporation ("City") and Tennis Anyone,
Inc., a California corporation ("Contractor").
1.Contractor's Services.
Subject to the terms and conditions set forth in this Agreement Contractor shall
provide to the reasonable satisfaction of the City the Tennis Instruction 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, Contractor represents and
warrants that it has thoroughly investigated the work and fully understands the
difficulties and restrictions in performing the work. Contractor 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.
Crystal Knox, Recreation Supervisor (herein referred to as the “City’s Project
Manager”), shall be the person to whom the Contractor will report for the performance of
services hereunder. It is understood that Contractor 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 Contractor 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, 2020, and
shall continue until June 30, 2021 ("Term"), unless earlier terminated pursuant to the
provisions herein.
The City Council shall have the option to extend this Agreement for three (3)
additional one (1) year terms, subject to the same terms and conditions contained
herein, by giving Contractor 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, Contractor'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 Contractor,
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.
3.Compensation. City agrees to compensate Contractor for each service
which Contractor 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 Contractor pursuant to this
Agreement shall not exceed Seventy Thousand Dollars ($70,000.00) without the prior
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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, Contractor shall submit to City an
invoice for the services completed, authorized expenses and authorized ex tra 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 a ny extra work performed.
C.City will pay Contractor the amount invoiced the City will pay Contractor
the amount properly invoiced within 35 days of receipt, but may withhold 30% of any
invoice until all work is completed, which sum shall be paid within 35 days of completion
of the work and receipt of all deliverables.
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 amendment 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 Contractor.
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. As between the documents attached as Exhibit “A”, the
following order of precedence shall apply: (a) This Agreement; (b) The City's Request
for Proposal, dated May 21, 2020, and (c) Contractor's Proposal dated June 4, 2020.
7.Status as Independent Contractor.
A.Contractor is, and shall at all times remain as to City, a wholly
independent contractor. Contractor shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agen t, except as
specifically provided herein. Neither City nor any of its agents shall have control over
the conduct of Contractor or any of Contractor's employees, except as set forth in this
Agreement. Contractor shall not, at any time, or in any manner, represent that it or any
of its agents or employees are in any manner employees of City.
B.Contractor agrees to pay all required taxes on amounts paid to Contractor
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
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independent contractor relationship created by this Agreement. In the even t that City is
audited by any Federal or State agency regarding the independent contractor status of
Contractor and the audit in any way fails to sustain the validity of a wholly independent
contractor relationship between City and Contractor, then Contractor agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such
audit and any appeals relating thereto.
C. Contractor shall fully comply with Workers' Compensation laws regarding
Contractor and Contractor's employees. Contractor further agrees to indemnify and
hold City harmless from any failure of Contractor to comply with applicable Worker's
Compensation laws.
D. Contractor shall, at Contractor’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 Dia mond 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 Contractor under this Agreement any
amount due to City from Contractor as a result of Contractor'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 Contractor’s failure to comply with this
Section.
8. Standard of Performance. Contractor shall perform all work at the
standard of care and skill ordinarily exercised by members of the p rofession 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 perfor mance of the
work.
9. Indemnification.
Contractor 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, co st (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 Workers’ Compensation Act and other
employee benefit acts with respect to Contractor’s employees or Contractor’s
contractor’s employees arising out of Contractor’s work under this Agreement;
and
(2) Any and all claims arising out of Contractor's performance of work
hereunder or its failure to comply with any of its obligations contained in this
Agreement, regardless of City’s passive negligence, but excepting such loss or
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damage which is caused by the sole active negligence or willful misconduct of
the City. Should City in its sole discretion find Contractor’s legal counsel
unacceptable, then Contractor 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 Contractor shall promptly pay any final judgment
rendered against the Indemnitees. It is expressly understood and agreed that
the foregoing provisions are intended to be as broad and inclusive as is permitted
by the law of the State of California and will survive termination of this
Agreement. Except for the Indemnitees, this Agreement shall not be construed
to extend to any third-party indemnification rights of any kind.
(3) The Contractor's obligations to indemnify, defend and hold harmless
the City shall survive termination of this Agreement.
10. Insurance.
A. Contractor 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 followin g 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 Contractor, its officers, employees, agents,
and independent contractors in perform ance 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; and
(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.
B. The City, its officers, employees, agents, and volunteers sh all 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.
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 at least ten (10) days prior written notice thereof. Contractor agrees that it
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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 Contractor pursuant
to the terms of this Agreement and 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.
E. Contractor 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 p olicy 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 Contractor (as the named insured)
should Contractor fail to pay the SIR or deductible requirements. The amount of the
SIR or deductible shall be subject to the approval of the City. Contractor understands
and agrees that satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR
or deductible constitutes a material breach of this Agreemen t. Should City pay the SIR
or deductible on Contractor’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 Contractor 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% administrat ive overhead, shall be paid by
Contractor, which amounts may be deducted from any payments due Contractor.
I. Contractor 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.
11. Confidentiality. Contractor in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Contractor
covenants that all data, documents, discussion, or other information developed or
received by Contractor or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Contractor without written authorization by
City. City shall grant such authorization if disclosure is requ ired by law. All City data
shall be returned to City upon the termination of this Agreement. Contractor's covenant
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under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Contractor prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Contractor'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 Contractor 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. Contractor may, however, make and retain such copies of said
documents and materials as Contractor may desire.
13. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Contractor 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
Contractor's records regarding the services provided under this Agreement. Contractor
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Contractor 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.
14. Conflict of Interest.
A. Contractor 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
Contractor under this Agreement, or which would conflict in any manner with the
performance of its services hereunder. Contractor further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Contractor 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. Contractor 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. Contractor's covenant under this section
shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to Contractor. 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 Contractor for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Contractor shall discontinue performing services, unless the notice
4.11.a
Packet Pg. 343
7 Professional Services – Non Design
1450836.1
provides otherwise, except those services reason ably necessary to effectuate the
termination. The City shall be not liable for any claim of lost profits.
16. Personnel/Designated Person. Contractor represents that it has, or will
secure at its own expense, all personnel required to perform the servic es under this
Agreement. All of the services required under this Agreement will be performed by
Contractor or under it supervision, and all personnel engaged in the work shall be
qualified to perform such services. Except as provided in this Agreement, Contractor
reserves the right to determine the assignment of its own employees to the performance
of Contractor's services under this Agreement, but City reserves the right in its sole
discretion to require Contractor to exclude any employee from performing services on
City's premises.
17. Non-Discrimination and Equal Employment Opportunity.
A. Contractor shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employme nt,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensa tion; and selection for training,
including apprenticeship.
B. Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of Contractor 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. Contractor 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.
18. Time of Completion. Contractor agrees to commence the work provided
for in this Agreement within five (5) days of being notified by the City to proceed and to
diligently prosecute completion of the work.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Contractor shall do all things necessary and incidental to the prosecution of Contractor's
work.
20. Reserved.
21. Delays and Extensions of Time. Contractor's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Contractor must document any delay and request an extension of time in writing at the
4.11.a
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8 Professional Services – Non Design
1450836.1
time of the delay to the satisfaction of City. Any ex tensions granted shall be limited to
the length of the delay outside Contractor’s control. If Contractor 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 Contractor be entitled to any claim for lost profits due to any delay,
whether caused by the City or due to some other cause.
22. Assignment. Contractor shall not assign or transfer any interest in this
Agreement nor the performance of any of Contractor's obligations hereunder, without
the prior written consent of City, and any attempt by Contractor to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
23. Compliance with Laws. Contractor shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. 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 Contractor 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
Contractor, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with reg ard to such breach or default.
25. Reserved.
26. 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
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.
27. 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 pu rsuant to the
provisions of this section.
4.11.a
Packet Pg. 345
"CONTRACTOR"
Tennis Anyone , Inc.
15670 Portenza Drive
Fontana , CA 92336
Attn .: Bill Bush
Phone : (909) 625-2060
E-Mail : coachbi ll.tenn ispro@gmail.com
"CITY"
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn.: Crystal Knox
Phone: (909) 839-7072
E-ma il: cknox@diamondbarca.gov
28. Governing Law. This Agreement shall be interpreted , construed and
enforced in accordance with the laws of the State of California . The venue for any
action brought under this Agreement shall be in Los Angeles County.
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 togethe r
shall constitute one and the same instrument.
30. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference , rep resent the entire and integrated agreement
between Contractor and City. This Agreement supersedes all prior oral or written
negot1at1ons , representations or agreements. T hiS Agreement may not be amended ,
no r 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 .
IN WITNESS of this Agreement, the parties have executed this Agreement as of
the date f 1rst written above .
"Contractor"
Tennis Anyone , Inc.
By : Gi \~)LA ·{(
Printed N,ame :--,---".~+--\.Jil.'~,...=...--
l ltle: p, .,-¢; ~+., r C:e Q
By :
Printed Name: -----------------Title: ________________ .;__ ______ _
A pproved as to form :
By: __________ _
David DeBerry , City Attorney
1450836.1
"City"
CITY OF DIAMOND BAR
By: __________________ _
Steve Tye , City Mayor
ATTEST:
Kristina Santana , City Clerk
Drnfoc cin n-:~~1 <::orHiroC' _ 1\lnn nocinn .. -· ---·-·---· --· ·~-.. -.. -
4.11.a
Packet Pg. 346
For more Info Contact
Coach Bill Bush Tennis Anyone Director
909 625-2060
CoachBill.Tennispro@gmail.com
www.Tennisanyone.info
Lessons for Everyone
4.11.a
Packet Pg. 347
Tennis Anyone Inc. started 24 years ago with a single coach, Bill Bush who had a passion for people and love for
tennis. It has grown into a comprehensive tennis program operating in 11 local Southern California cities. Tennis Anyone is
now comprised of a team of over 30 friendly and knowledgeable coaches, and over 600 tennis eager students seen weekly.
Our primary focus is on helping our students grow to achieve their tennis ambitions by making the learning process fun and
exciting. Part of what makes us unique is our levels system, much like what you would see in martial arts, in which students
test on a monthly basis to receive mastery badges.
At Tennis Anyone we know that parents are searching for a quality tennis program for their children that delivers
true recreational value for their families at an affordable price. While other programs may focus on their most gifted ath-
letes, at Tennis Anyone we believe there is something in this sport for EVERYONE. That “something” is more Fun, Fitness,
and Friendships for a lifetime. At Tennis Anyone, Everyone is a winner! We pride ourselves in offering country club level
instruction at city friendly rates. Quite simply put Tennis Anyone is the best product at the best price.
Tennis Anyone would love to continue to be of service to the residents of Diamond Bar. We have had the oppor-
tunity to work hand in hand with the Diamond Bar Recreation program for the past 25 years. We understand that the needs
of the city are continuing to change and that we are moving into a new post covid climate which presents it’s own challeng-
es. In recent years our student retention in Diamond Bar has continued to be solid however it has become increasing chal-
lenging to draw in new students as the demographics of the city have changed. To this end I feel it’s important to stay crea-
tive and look for new ways to reach out to the public. Enclosed is a look at our general class information.
Bill Bush
Tennis Anyone Inc.
Founder & Director
Coach Bill pictured
here with 3 of his 5
children, Bea-Lauren,
Jeremiah,
and Jaxton.
4.11.a
Packet Pg. 348
Student Tennis Artwork
Student Halloween Dress-up
Student Trophy Winners
4.11.a
Packet Pg. 349
At Tennis Anyone we are passionate about our
sport because as players ourselves we
have enjoyed so many of the
benefits of being involved in the
game over the years. Tennis
seems to be, unlike any other
sport, in bringing friends and
families together. It is a
sport that truly can be en-
joyed for a lifetime at all
levels. At Tennis Anyone
we believe our sport brings
more Fun, Fitness, and Friendships for a lifetime.
The Kayatta
Family
Just one of the many
tennis families in-
volved in our program.
Every member of the
The Tiger
Patch
The red patch is
the first of nine patch-
es students must earn
along the road to
In creating our learning system for young students we
have borrowed from the martial arts. We have 9 different levels
from beginning to advanced, each one represented by a unique
animal, distinguished by its positive attributes. Students are test-
ed at the end of every session and those that pass receive a patch
representing mastery of that level.
Tournament
Doubles wins
Star students
privately coached
Jan-Michael Gambill
Former #14 in the world
Sandon Stolle 1998 US Open
Doubles Champion
Jonathan Calienes
world Doubles ranking
Jack Li #1 Boys 18’s
Singles 2003 Southern Cal
Coach Bill Bush
Tennis Anyone Inc. Founder
grew up in Upland, California and started playing tennis at the age of 10
when his father traded tennis lessons for physics tutoring with a high school
neighbor. By the time Bill had been playing for a few years you couldn’t
drag him off the courts. His tennis career would mature to include some
amazing experiences including playing with John McEnroe on a private court, living with Andre Agassi over a Summer,
and training together with Pete Sampras. Bill attended Azusa Pacific University on a tennis scholarship and graduated
with a degree in Psychology. Throughout his college years Coach Bill supported himself by teaching tennis on the side
but after graduation he had a tough decision to make. Either move on to what was considered to be a “real job” or continue
doing what he loved. He thought a lot about what he wanted out of a career and life. He knew that he truly loved working
with people and helping them. He also felt that tennis was such a tremendously positive way for kids and adults to learn
about life...to have a constructive outlet for stress...and to help bring families together. The decision was clear and “Tennis
Anyone,” was born. playing and coaching highlights
4.11.a
Packet Pg. 350
ages 7-13 New to Novice Players
Beginning Junior Academy
The focus of this clinic is on having fun while learning the 4
major strokes of the game: forehand, backhand, volley, and
serve. Students are grouped by ability into 1 of 3 levels and
receive patches representing mastery when they have suc-
cessfully demonstrated the skills of that level. Students that
move beyond the first level will receive the tiger patch. The
next 2 levels are the mantis and the dragon fly. Students will
love playing drills like: King of the Hill, Beat the Coach, Tennis
Baseball, and Line Tag. Beginners over the age of 13 should start
in the Advanced Academy.
ages 3-6 Beginner thru Advanced
This class is designed for the little ones who are tired of
watching the big kids have all the fun. The focus of many of
our drills will be to help build hand -eye coordination and devel-
op better balance while moving. Students will learn the basics
of the: forehand, backhand, volley, and serve. Your Pee Wee
will love joining in fun tennis games like: Popcorn Machine, Walk
the Dog, and Balloon Bounce.
Pee Wee Academy
ages 8-17 Intermediate-Advanced
The Advanced Academy is for juniors with extensive experience
or who have successfully attained all Beginning Junior Academy
patches. The focus of this clinic is on learning how to use what
you know to play matches and to acquire some new skills like: top-
spin, slice, and specialty shots. Students should expect and be
ready for a great workout through fun drills like: Olympics,
Team-up & Back, and Bump. Beginning players over the age of
13 should start in this academy.
Advanced Junior Academy
Classes Offered
“ Our goal is to bring people
together through this wonderful
sport. A sport that will provide
Fun, Fitness, and Friendships for
ages 18+ Beginner thru Advanced
Players of all levels will benefit from our unique clinics.
This academy gives the “big kids” an opportunity to
work on improving their skills, while getting a great
work out, and making new friends.
Adult Academy
We’ll never ask your age Beginner thru Advanced
Morning Ladies Clinic
This ladies group is designed for players of all
levels. Students will learn the 4 basic strokes,
as well as topspin, slice, over head, and lob.
Singles and doubles scoring and strategy will
also be covered.
ages 7-17 All Levels
Small Group Lessons
Small groups are a great alternative for those players
wanting more attention. These groups will vary in size
from 2 to 4 students per coach. We offer smalls groups
for all levels and ages of play.
ages 6-Adult All Levels
Private Lessons
Private lessons are a one on one with the coach. Here
coaches customize a training plan for each individual stu-
dent and work to help students obtain personal tennis
goals.
4.11.a
Packet Pg. 351
Yorba Linda Parks & Recreation
Chino Hills Parks & Recreation
Huntington Beach Parks & Rec
Brea Parks & Recreation
Contact Mike Brandenburger Position Contract Class Specialist
Phone (714) 961-7196 Years with Tennis Anyone 12
Contact Kaci Thol Position Contract Class Specialist
Phone (714) 960-8895 Years with Tennis Anyone 5
Contact Rebecca Hart Position Contract Class Specialist
Phone (714) 990-7737 Years with Tennis Anyone 20
Contact Sarah Klose Position Contract Class Specialist
Phone (909) 364-2700 Years with Tennis Anyone 29
Eastvale Recreation
Contact Victoria Reyna Position Contract Class Specialist
Phone (951) 727-3524 Years with Tennis Anyone 12
Arcadia Parks & Recreation
Contact Ashley Marston Position Contract Class Specialist
Phone (626) 821-4373 Years with Tennis Anyone 8
4.11.a
Packet Pg. 352
Lessons for the Entire Family
Fall 2020
Diamond Bar
Class Schedule
Coach Bill has been teaching tennis for the past 22 years and founded Tennis Anyone 15 years
ago. He has a Bachelors degree is Psychology from the University of Azusa Pacific. Mr. Bush
has been a USPTA certified teaching pro for the past 20 years. During his time on the profession-
al tennis circuit he had a win over Jan Michael Gambil (ranked 14 in the world), As a player, Bill
has trained with and played against: Pete Sampras, Michael Chang, John McEnroe and even
lived with Andre Agassi for a Summer. He is the author of Ace Tennis Workbook. Currently Ten-
nis Anyone runs tennis program for the cities of; Diamond Bar, Chino Hills, Claremont, Brea, and
Jurupa (Eastvale). All Tennis Anyone coaches have tournament level experience, are extremely
4.11.a
Packet Pg. 353
Material Fee (detailed description on reverse side): 1 unopened can of new tennis balls
Class Minimum: 4 Class Maximum: open
Special equipment needed by instructor: NA
Students Should Supply: Tennis Racket
1-day 2-day Session 3... 1-Day* NO Thur Nov 26th Session 3... 2-Days* NO Thur Nov 26th
$69 $125 No price break (Make up on Tuesday) $109 (reduced due to 1 less class)
+ $10 Administrative Fee $10 $10 Session 4... 1-Day* 5 weeks Session 4... 2-Days* 5 weeks
Class Fee $79 $135 $99 $169
Aug 25 Sept 17 Tues /Thurs 4:45-5:30 pm 3-6
Sept 22 Oct 15 “ “ “
Oct 20 Nov 12
Nov 17 Dec 17* 5 weeks
Tennis Anyone
15670 Portenza Dr. Fontana CA, 92336
909-625-2060 / Questions@TennisAnyone.info
www.TennisAnyone.info Oifice use only: CoachBill.Tennispro@gmail.com
(909) 625-2060 (public use ok) 909 695-5130 rec use only
Class Title Number of Weeks:
Class Description
Class Location
Dates Classes not held because of Holiday or Vacation: Thur, Nov 26th Thanksgiving
Ronald Reagan Park
Pee Wee Semi Private Tennis Academy 4-5
Is your young child tired of watching the big kids have all the tennis fun. Well now there’s a group just for the Pee
Wees! This clinic is the perfect tennis intro. Students will learn the basics of the: forehand, backhand, volley, and
serve in a coordination building, fitness friendly, fun, atmosphere. Your child will love joining in fun tennis games
like: Popcorn Machine, Walk the Tennis Dog, and Alley Rally. We believe that tennis will bring each of our students
more fun, fitness, and friendships for a lifetime. Visit us at www.tennisanyone.info
4.11.a
Packet Pg. 354
1-day Session 3... 1-Day* NO
Thur Nov 26th
2-day Session 3... 2-Days* NO
Thur Nov 26th
$69 No Price break (Make
up on Tuesday)
$125 $109 (reduced due to 1
less class)
+ $10 Administrative
Fee
$10 Session 4... 1-Day* 5
weeks
$10 Session 4... 2-Days* 5
weeks
Class Fee $79 $99 $135 $169
70%
May 4th, 2020
1 unopened can of new tennis balls
$10.00
4.11.a
Packet Pg. 355
Material Fee (detailed description on reverse side): 1 unopened can of new tennis balls
Class Minimum: 4 Class Maximum: open
Special equipment needed by instructor: NA
Students Should Supply: Tennis Racket
1-day 2-days 3-days
$69 $129 $189
+ $10 Administrative Fee $10 $10 $10 Session 4 is 5 weeks
Class Fee $79 $139 $199 1 day $95 2 day $175 3day $249
Aug 24 Sept 17 Mon, Tues, Thurs 5:30-6:30 pm 7-13
Sept 21 Oct 15 “ “ “
Oct 19 Nov 12
Nov 16 Dec 17* 5 weeks
Tennis Anyone
15670 Portenza Dr. Fontana CA, 92336
909-625-2060 / Questions@TennisAnyone.info
www.TennisAnyone.info Oifice use only: CoachBill.Tennispro@gmail.com
(909) 625-2060 Public Usage ok 909 695-5130 rec use only
Class Title Number of Weeks:
Class Description
Class Location
Dates Classes not held because of Holiday or Vacation: Mon Sept 7th Labor Day, Thurs Nov 26th Thanksgiving
Ronald Reagan Park
Junior Tennis Academy-Beginning to Intermediate 4-5
The focus of the Junior Tennis Academy-for Beginner to Intermediates, is on learning the 4 major strokes of the game in a fun
fflled, fftness friendly, atmosphere. Students will work to establish form on the forehand, backhand, volley, and serve. Ther e
are 5 mastery levels in this group that students will be tested on for progress. Students will absolutely love playing drills like:
King of the Tennis Hill, Tennis Baseball, and Tennis Line Tag. We believe that tennis will bring each of our students more fu n,
fftness, and friendships for a lifetime. Visit us at www.tennisanyone.info
4.11.a
Packet Pg. 356
70%
1 unopened can of new tennis balls
1-day 2-days 3-days
$69 $129 $189
+ $10 Administrative
Fee
$10 $10 $10 Session 4 is 5 weeks
Class Fee $79 $139 $199 1 day $95 2 day $175 3day $249
May 4th, 2020
$10.00
4.11.a
Packet Pg. 357
Aug 24 Sept 17 Mon, Tue, Wed, Thur M, T, Th 6:30-8:000pm
W 5-6:30 pm
7-17
Sept 21 Oct 15 “ “ “
Oct 19 Nov 12
Nov 16 Dec 17* 5 weeks
Material Fee (detailed description on reverse side): 1 unopened can of new tennis balls
Class Minimum: 4 Class Maximum: open
Special equipment needed by instructor: NA
Students Should Supply: Tennis Racket
1-day 2-days 3-days
$79 $149 $199
+ $10 Administrative Fee $10 $10 $10 Session 4 is 5 weeks
Class Fee $89 $159 $209 1 day $111 2 day $199 3day $260
Tennis Anyone
15670 Portenza Dr. Fontana CA, 92336
909-625-2060 / Questions@TennisAnyone.info
www.TennisAnyone.info Oifice use only: CoachBill.Tennispro@gmail.com
(909) 625-2060 Public Usage Ok 909 695-5130 rec use only
Class Title Number of Weeks:
Class Description
Class Location
Dates Classes not held because of Holiday or Vacation: Mon Sept 7th Labor Day, Thurs Nov 26th Thanksgiving
Ronald Reagan Park
Junior Tennis Academy-Int to Advanced 4-5
The Junior Tennis Academy– Advanced is for students that have either attained all 5 mastery levels in the Beginning & Intermediate Academies or are com-
ing in with the ability to rally with proper form from the baseline. The focus in this group is on learning both topspin and slice, as well as executing the
right shot at the right time. Students will learn how and when to lob, drop shot, hit an over head, or volley, etc. This is a high energy, dynamic, fftness
challenging, tennis program designed to bring students to a level where they have the tools to start playing matches. There are 2 mastery levels in this
group, much like the belt system in martial arts, that students will be tested on so that parents & students are always clear on progress. Students will
absolutely love playing drills like: Olympics, 3 before 2, and Chaos.
4.11.a
Packet Pg. 358
70%
1 unopened can of new tennis balls
1-day 2-days 3-days
$79 $149 $199
+ $10 Administrative Fee $10 $10 $10 Session 4 is 5 weeks
Class Fee $89 $159 $209 1 day $111 2 day $199 3day $260
May 4th, 2020
$10.00
4.11.a
Packet Pg. 359
Aug 24 Sept 16 6:30-8:00 pm 18+
Sept 21 Oct 14 “ “
Oct 19 Nov 11
Nov 16 Dec 16* 5 weeks
Material Fee (detailed description on reverse side): None
Class Minimum: 4 Class Maximum: open
Special equipment needed by instructor: NA
Students Should Supply: Tennis Racket
1-day Session 1... 1-Day* NO Mon Sep 7th 2-day Session 1... 2-Days* NO Mon Sep 7th
$69 $79 (Make up on Wed) $129 $121 (reduced due to 1 less class)
+ $10 Administrative Fee $10 Session 4... 1-Day* 5 weeks $10 Session 4... 2-Days* 5 weeks
Class Fee $79 $99 $139 $174
Tennis Anyone
15670 Portenza Dr. Fontana CA, 92336
909-625-2060 / Questions@TennisAnyone.info
www.TennisAnyone.info Oifice use only: CoachBill.Tennispro@gmail.com
Mon : Advanced
(instructor approval
needed)
Wed: Intermediate to
Advanced
(909) 625-2060 Public Usage Ok 909 695-5130 rec use only
Class Title Number of Weeks:
Class Description
Class Location
Dates Classes not held because of Holiday or Vacation: Mon Sept 7th, Labor Day
Ronald Reagan Park
Adult Tennis Academy 4-5
Adult players of all levels will benefft from our unique clinics.The Adult Academy gives the “big kids” an
opportunity to work on improving their skills, while getting a work out, making new friends, and having fun. Stu-
dents will learn train in the intermediate to more advanced areas of the game. See you on the courts. For more
information on Tennis Anyone please visit us at www.TennisAnyone.Info
4.11.a
Packet Pg. 360
70%
none
1-day 2-day Session 1... 1-Day* NO Mon
Sep 7th
Session 1... 2-Days* NO Mon
Sep 7th
$69 $129 $79 (Make up on Wed) $121 (reduced due to 1 less
class)
+ $10 Administrative Fee $10 $10 Session 4... 1-Day* 5 weeks Session 4... 2-Days* 5 weeks
Class Fee $79 $139 $99 $174
May 4th, 2020
$10.00
4.11.a
Packet Pg. 361
Aug 24 Sept 17 7-17
Sept 21 Oct 15 “
Oct 19 Nov 12
Nov 16 Dec 17* 5 weeks
Material Fee (detailed description on reverse side): None
Class Minimum: 2 Class Maximum: open
Special equipment needed by instructor: NA
Students Should Supply: Tennis Racket
1-day 2-day 3-days
$109 $189 $289
+ $10 Administrative Fee $10 $10 $10 Session 4 is 5 weeks
Class Fee $119 $199 $299 1 day $149 2 day $249 3day $375
Mon, Tue, Wed, Thur 8:00-9:00pm All Levels
Wed 5:30-6:30pm Beg/Int
Tennis Anyone
15670 Portenza Dr. Fontana CA, 92336
909-625-2060 / Questions@TennisAnyone.info
www.TennisAnyone.info Oifice use only: CoachBill.Tennispro@gmail.com
(909) 625-2060 Public Usage Ok 909 695-5130 rec use only
Class Title Number of Weeks:
Class Description
Class Location
Dates Classes not held because of Holiday or Vacation: Mon, Sep 7th, Laborday & Thur, Nov 26th Thanksgiving
Ronald Reagan Park
Small Group Tennis Clinic 4-5
Small groups are a great alternative for those players wanting more attention. These groups will vary in size
from 2 to 4 students per coach. We offer small groups for all levels of play and ages 7 -17. Students may partici-
pate from 1 to 4 days per week. Students will be grouped with other players based on level and age. See you on
the courts.
4.11.a
Packet Pg. 362
70%
none
1-day 2-day 3-days
$109 $189 $289
+ $10 Administrative Fee $10 $10 $10 Session 4 is 5 weeks
Class Fee $119 $199 $299 1 day $149 2 day $249 3day $375
May 4th, 2020
$10.00
4.11.a
Packet Pg. 363
Aug 24 Sept 16 Mon
Wed
8:00-9:00pm
18+
Sept 21 Oct 14 “
Oct 19 Nov 11
Nov 16 Dec 16* 5 weeks
Material Fee (detailed description on reverse side): none
Class Minimum: 2 Class Maximum: 8 total
Special equipment needed by instructor: NA
Students Should Supply: Tennis Racket
1-day 2-day
$89 $179
+ $10 Administra-
tive Fee
$10 $10 Session 4 is 5 weeks
Class Fee $99 $189 1 day $124 2 day $235
Tennis Anyone
15670 Portenza Dr. Fontana CA, 92336
909-625-2060 / Questions@TennisAnyone.info
www.TennisAnyone.info Oifice use only: CoachBill.Tennispro@gmail.com
(909) 625-2060 Public Usage Ok 909 695-5130 rec use only
Class Title Number of Weeks:
Class Description
Class Location
Dates Classes not held because of Holiday or Vacation: Mon, Sept 7th Laborday
Ronald Reagan Park
Adult Semi-Private Lessons-Beginner 4-5
For Adults just starting out and wanting to learn tennis in a small friendly environment of 2 -4 students this is the
perfect class. Students can expect plenty of attention from the coach while learning a sport that can be enjoyed
for a lifetime. See you on the courts.
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70%
none
1-day 2-day
$89 $179
+ $10 Administrative Fee $10 $10 Session 4 is 5 weeks
Class Fee $99 $189 1 day $124 2 day $235
May 4th, 2020
$10.00
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Aug 24 Sept 17 7-17
Sept 23 Oct 15 “
Oct 19 Nov 12
Nov 16 Dec 17* 5 weeks
Material Fee (detailed description on reverse side): none
Class Minimum: Open Class Maximum: Open
Special equipment needed by instructor: NA
Students Should Supply: Tennis Racket
Package
$249
+ $10 Administrative Fee $10 Session 4 is 5 weeks
Class Fee $259 1 day $323
Advanced Academy
Mon, Tue, Thur 6:30-8:00pm
Small Group
Mon, Tue, Wed, Thur 8:00-9:00pm All Levels
Tournament Saturday 1:00-3:30pm Novice & 2:30-4:30pm-Carbon Canyon
Park, Brea Sept 19, Oct 17, Nov 21
Tennis Anyone
15670 Portenza Dr. Fontana CA, 92336
909-625-2060 / Questions@TennisAnyone.info
www.TennisAnyone.info Oifice use only: CoachBill.Tennispro@gmail.com
(909) 625-2060 Public Usage Ok 909 695-5130 rec use only
Class Title Number of Weeks:
Class Description
Class Location
Dates Classes not held because of Holiday or Vacation: Wed Oct 31st, Halloween & Thur, Nov 22nd Thanksgiving
Ronald Reagan Park
Future Tennis Star Player Package 4
The Player’s Package is for students that want it all and at a discounted rate. These students will experience the ben-
efit of training 2 days per week in Advanced Academy, participate in 1 Small Group Tennis Clinic per week to focus on
the details of their games, and compete in our once per month Round Robin Tournament. The total price for these
programs is $318 but Future Tennis Star students will pay $259.
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70%
none
Package
$249
+ $10 Administrative Fee $10 Session 4 is 5 weeks
Class Fee $259 1 day $323
May 4th, 2020
$10.00
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Sept 19 Sept 19 Saturday 1:00-3:30 pm Advanced
2:30-4:30pm Novice
7-17
Oct 17 Oct 17 Saturday “
Nov 21 Nov 21 Saturday
1-tournament
$30
+ $10 Administrative Fee $10
Class Fee $40
Tennis Anyone
15670 Portenza Dr. Fontana CA, 92336
(909) 625-2060 Public Usage Ok
909-625-2060 / Questions@TennisAnyone.info
www.TennisAnyone.info Oifice use only: CoachBill.Tennispro@gmail.com
Class Title Number of Weeks:
Class Description
Class Location
Dates Classes not held because of Holiday or Vacation: None
Carbon Canyon Park
Junior Round Robin Tennis Tournament 1
Come join us for an afternoon of competition and learning. There are 2 divisions in this tournament: The Novice division is for stu-
dents brand new to tennis competition. In this division students will get feedback to help them understand and thrive in the competi-
tive environment. The Advanced division is for students that have competed in tournaments before. These students will recei ve
feedback catered to a high level of competition. All students are competing for Tennis Anyone rankings and the top 8 students at the
end of the year will play off in a free Masters Tournament. Trophies are awarded each tournament for the top ffnisher and ru nner-up.
Material Fee (detailed description on reverse side): none
Class Minimum: 1 Class Maximum: 12 per tournament
Special equipment needed by instructor: NA
Students Should Supply: Tennis Racket
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70%
none
1-
tournament
$30
+ $10 Administrative
Fee
$10
Class Fee $40
May 4th, 2020
$10.00
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Additional Information Questions
1. What relatable experience do you/your organization have? Include specialized training and
educational background. (attach resume if available]
lASP7 A--Les~l r
So ye~ \~A-"'vt ~ ""j pw ~S l-12 e.. (.... -/e v\ vo.. ~~
fro~~u."""s ,·~~~ J 1 c:.-rl-/~s ;
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(,l,~~ Jj;Jls) {/o.J e~~""+J D;~W11JJ$if J £c.0Jv_).
(o~-) }j..._vc-/-1~0-" ~a.:v c:-l) VMb <A-L~o.._
2. Include 3 Professional References
AKNOWLEDGEMENT OF REVIEW
"I affirm that I have reviewed th e Request fo r Proposa l (RFP}. I have completed the Cost Proposal-Bid
Sheet to the best of my knowledge. I understand that all information submitted about this RFP may be
subj ect t o the provisions of the Public Records Act. The City sha ll have the right to terminate at any time
any contract awarded to an RFP response t hat cont a ins false informati on."
Signature 0).;~ i)J
Date -:) ~..uL 1_ Z,o &o
Printed Name
rl"" ~ \A.s~
Title l b;reLA-~
Company Name Iv~.
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Bid Results for Project Tennis Instruction Servvices 2020-2021
Issued on 05/21/2020
Bid Due on June 4, 2020 5:00 PM (Pacific)
Exported on 06/05/2020
VendorID Company Name Address Address 2 City State ZipCode Country Contact Phone
874152 Tennis Anyone Inc 15670 Portenza Dr Fontana 92336 United StatesBill Bush 909-625-2060
Respondee Respondee Title Respondee PhoneRespondee Email Email Vendor Type
Bill Bush CEO & Director 909-695-5130 coachbill.tennispro@gmail.com coachbill.tennispro@gmail.com
Bid Format Submitted Date Delivery Method Responsive Status Confirmation #Ranking
Electronic June 4, 2020 10:42:44 AM (Pacific)Submitted 214578 0
Respondee CommentBuyer Comment
Attachments
File Title File Name File Type
Tennis Anyone Diamond Bar RFPTA DB Packet 2020 A.pdfGeneral Attachments
Line Items
Discount Terms:no discount
Item Num Section Item Code Description Unit of Measure Quantity Unit Price Line Total Discount Line PriceResponse
1 Section 1 Tots Classes - Hourly RateHourly 1 $22.00 $22.00 $22.00 Yes
2 Section 1 Youth Classes - Hourly RateHourly 1 $16.00 $16.00 $16.00 Yes
3 Section 1 Youth Camps - Hourly RateHourly 1 $8.00 $8.00 $8.00 Yes
4 Section 1 Youth Tournaments - Flat RateFlat Rate 1 $40.00 $40.00 $40.00 Yes
5 Section 1 Youth Semi-Private - Hourly RateHourly 1 $25.00 $25.00 $25.00 Yes
6 Section 1 Adult Classes - Hourly Rate Hourly 1 $13.00 $13.00 $13.00 Yes
7 Section 1 Adult Semi-Private - Hourly RateHourly 1 $25.00 $25.00 $25.00 Yes
8 Section 1 Adult Private Lessons - Hourly RateHourly 1 $50.00 $50.00 $50.00 Yes
Subtotal $199.00 $199.00
Total $199.00 $199.00
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Agenda #: 4.12
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FIRST AMENDMENT TO THE PROFESSIONAL SERVICE
AGREEMENT WITH ABSOLUTE INTERNATIONAL SECURITY, INC.
FOR SECURITY GUARD SERVICES THROUGH JUNE 30, 2021.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the First Amendment Agreement with
Absolute International Security, Inc. for security guard services through June 30, 2021.
FINANCIAL IMPACT:
The total not-to-exceed amount of the Agreement for Fiscal Year 2020 -2021 would be
$58,300. Sufficient funds are included in the Fiscal Year 2020 -2021 Diamond Bar
Center and Special Events Contract Services budget to cover the cost of such services.
Fees received for the rental of City facilities cover these costs.
BACKGROUND:
Events that qualify for security guards are outlined in the City of Diamond Bar’s Facility
Use & Rental Policy. Events that serve alcohol and events with a majority of youth
require security. Other events may be deemed by the City to require security, in some
cases, requiring multiple security guards/officers. Additionally, security is required for
special events and late nights at the Diamond Bar Center as needed for building
security and staff safety.
DISCUSSION:
On May 14, 2019 City staff published a Request for Proposal for Security Guard
Services on Planet Bids. The bidding period closed on May 28, 2019 with five proposals
received from JJ & B Group, Quanti Primary Protect ion, Power Security Group,
Absolute International Security, and Elite Force Group. Hourly rates for standard shifts
for 4.5 hours or more ranged from $20.00 to $24.50, while hourly holiday rates ranged
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from $24.99 to $36.75.
Each interested company was invited to a walkthrough and interview at the Diamond
Bar Center on June 6, 2019. Staff further conducted telephone reference checks for
each of those companies. Based on the bid, oral interviews, references, and
experience, Absolute International Security, Inc. (AIS) was determined to be the best
overall company to provide the service for the City.
In addition to competitive hourly rates, City staff has learned the number of staff and
available resources provided to serve the City are critical to an even t’s success and
safety. AIS has contracted with the cities of Pomona, El Monte, Hermosa Beach, and
Rancho Cucamonga receiving excellent references from each city. Based on their
existing contracts, AIS has close to 400 security guards currently on staff, which
provides necessary flexibility for the numerous events hosted at the Diamond Bar
Center. The majority of security providers struggle to hire security guards after
obtaining a contract with a local agency which is the reason for the previous change in
security firms. AIS has the built-in staff which are ready to meet the City’s need
immediately, compared to the majority of firms who will need to hire additional staff. AIS
has an exceptional training program for security guards and experienced manag ement
team to best meet Diamond Bar Center events.
The AIS hourly rate for Fiscal Year 2019-2020, which was passed through to the client,
was $25.00 for shifts 4.5 hours or longer and $36.00 on holidays. Staff believe d this
rate is appropriate for the level of service and availability of security guards required for
large scale events.
City Council approve a one-year agreement on July 17, 2019 with AIS for security guard
services for the Fiscal Year 2019-2020. Per section 2, Term of Agreement; by mutual
agreement and consent of the City and Contractor, the agreement may be extended for
up to three (3), one (1) year increments. Conditions and fees to be negotiated at the
time of extension, as amended.
City staff has worked closely with AIS and reco mmends an amendment for one-year
under the same terms. However, due to California State Minimum Wage mandatory
increase effective on January 1, 2021, AIS have requested to adjust the service rates
accordingly. The new AIS hourly rate, which is passed through to the client for Fiscal
Year 2020-2021, is $26.00 for shifts 4.5 hours or longer and $39.00 on holidays. Staff
believes this rate is appropriate for the level of service and availability of security guards
required for large scale events. It is recommended that City Council approve and extend
a one-year amendment with AIS, based on the above fees, to continue to provide
security guard services for the Fiscal Year 2020-2021.
Based on current estimates, approximately $55,000 will be allocated to guard services
for private rentals at the Diamond Bar Center, $2,000 at Heritage Community Center,
with an additional $1,300 for special events.
LEGAL REVIEW:
City Attorney has reviewed and approved the Agreement as to form.
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PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.12.a AIS 1st Amendment
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Agenda #: 4.13
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTANT SERVICES AGREEMENT WITH PRINCE GLOBAL
SOLUTIONS, LLC THOUGH JUNE 30, 2021.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Consulting Services Agreement with
Prince Global Solutions, LLC for Federal advocacy services related to the 57/60
Confluence Project through June 30, 2021.
FINANCIAL IMPACT:
The total not-to-exceed amount of the Consultant Services Agreement is $50,500. The
amount is based on a monthly retainer of $4,000, plus up to $2,500 in direct expenses.
Sufficient funds are included in the FY 2020/21 budget for such services.
BACKGROUND/DISCUSSION:
In 2008, with the Federal advocacy work provided by Kevin Jones of Prince Global
Solutions, the City of Industry and the City of Diamond Bar began the joint efforts to
solve one of the most congested freight bottlenecks in the nation – the SR-57/60
interchange at Grand Avenue (known as the 57/60 Confluence Area). After a decade of
working with Congress and the USDOT, both State Routes 57 and 60 have been
included in the National Highway Freight Network and the SR 57/60 Confluence Project
has been designated a Project of National and Regional Significance as part of the
Moving Ahead for Progress in the 21st Century Act (MAP-21) Federal legislation.
Furthermore, the multi-million/multi-phase SR-57/60 Confluence Project (Project) is also
a top priority of LA Metro and Caltrans and is part of the California State Freight Plan. A
total of $57 million in support of the Project and construction of its first 2 phases have
been fully funded with a combination of local funds, LA Metro funds and Federal TIGER
funds. For the completion of the final phase, Phase III, LA Metro has Programmed
$205 million (in 2015 dollars) for funding in 2025 with Measure M dollars. Phase III
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includes the construction of a new Grand Avenue Bridge over the SR -60, along with the
freeway mainline improvements and bypass connectors. Construction duration of
Phase III will take approximately three years (2025-2028), based on current schedule.
Since all construction on Phases I and II have been completed, the City of Diamond Bar
could be faced with a long dormant period as we await the availability of the Measure M
funding in 2025. To ensure that the Project progresses without a suspension, staff has
been actively pursuing funding opportunities in order to expedite the Project delivery.
Most recently, in February 2020, LA Metro, SGVCOG, Industry and Diamond Bar jointly
submitted an application to the USDOT for the Federal Infrastructure for Rebuilding
America (INFRA) Grant Program. An ask amount of $50 million in INFRA funding for
the 57/60 Confluence Project has been requested, and we are waiting for the USDOT to
make its announcement.
In January 2018, a State Route 57/60 Chokepoint Relief Project application was
submitted to the California Transportation Commission (CTC) seeking funding from the
2018 California Trade Corridor Enhancement Program (TCEP) under SB 1. On May 16,
2018, the CTC announced the approval of $22 million in TCEP funding for the Project.
The money is being used towards the current design of Phase III, including the right -of-
way engineering work. The final design and the right of way certification are scheduled
to be completed in September 2021.
If the Project is awarded a Federal INFRA grant (or if the Project receives other non -
Federal funding) within the next couple of years, staff is hopeful that we could move the
current multi-phase Project completion date up from 2028 to 2026. Construction could
start in 2022 and be complete in 2026 – 2 years ahead of the current schedule.
Kevin Jones of Prince Global Solutions has been providing the Federal advocacy
services directly to the City since August 2017. As a continuation of the advocacy work
and consistent with the City’s 2021-2024 Strategic Plan, Kevin Jones’ proposed scope
of work includes, but is not limited to, the following:
1) Continue working closely with the San Gabriel Valley Congressional delegation,
Senate and House Transportation Committee staff, Department of Transportation
officials, and relevant stakeholder groups on matters which are relevant to the
57/60 Confluence Project and other Diamond Bar transportation authorities;
2) Support the pending 57/60 Confluence Project application for freight funding from
the Infrastructure for Rebuilding America (INFRA) Program and prepare for
subsequent applications, as appropriate;
3) Support future applications for funding from USDOT’s newly -created Better
Utilizing Investments to Leverage Development (BUILD) Transportation
Discretionary Grant Program, which recently replaced the TIGER Program;
4) Monitor and engage Congressional consid eration of transportation infrastructure
legislation, including, but not limited to, the reauthorization of the expiring Fixing
America’s Surface Transportation Act (FAST Act) and possible infrastructure
elements of Federal COVID-19 economic stimulus legislation;
5) Continue advocating other policy measures and legislation that will assist
Diamond Bar in securing Federal support for the 57/60 Project and other
transportation priorities as they arise;
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6) Monitor and engage the development of the National Freight S trategic Plan, the
National Highway Freight Network, and the National Multimodal Freight Network;
7) Consider and monitor other legislation; regulations and agency actions that
would benefit Diamond Bar, such as COVID-19 related actions;
8) Consider and coordinate Congressional and USDOT site visits to Diamond Bar,
57/60 Project areas and otherwise as appropriate; and
9) Plan and coordinate the annual March Diamond Bar Visit to Washington DC and
recommend other visits as necessary.
Accelerating the completion of this Project is critically important to our region and the
entire country. The Project remains to be the City’s highest priority freight highway
improvements project. Staff plan to continue to work with USDOT, Caltrans, LA Metro,
and other partners and advocates to fill any funding cap and ensure that the SR -57/60
Confluence Project progresses without a suspension. It is recommended that the City
Council approve of the Agreement with Prince Global Solution, LLC.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.13.a Consulting Services Agreement - Prince Global
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Agenda #: 4.14
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTING SERVICES AGREEMENT WITH METROPOINTE
ENGINEERS, INC. FOR DESIGN SERVICES FOR IMPROVEMENTS
ALONG SOUTHBOUND DIAMOND BAR BOULEVARD AT
EASTBOUND SR-60 ON RAMP.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Consulting Services Agreement with
MetroPointe Engineers, Inc. in the amount of $79,900, plus a contingency amount of
$8,000 to be approved by the City Manager, for a total authorization amount of $87,900.
FINANCIAL IMPACT:
Sufficient funds are available in the FY 2019-2020 Engineering Operating Budget for
such services. Additionally, $15,652 in Traffic Mitigation Fees received f rom the Industry
Business Center Project (IBC) will be used towards the design services. The Mitigation
Monitoring Program for the IBC Project identified a fair share contribution of $15,652 for
the proposed improvements at this intersection.
BACKGROUND/DISCUSSION:
The City of Diamond Bar desires to construct street improvements on Diamond Bar
Boulevard, at the SR-57/60 Interchange, as a capacity enhancement to the existing left -
turn movement from southbound (SB) Diamond Bar Boulevard to the SR -60 eastbound
(EB) on-ramp. It is proposed to add a second SB left -turn lane at the intersection by
reducing the existing shoulder, bike lane, and median widths, while maintaining the
existing curb-to-curb roadway cross-section and keeping the existing curb, gutter and
sidewalk in place for both directions. The proposed improvements are intended to
mitigate existing congestion at this intersection as vehicles are backing up on SB
Diamond Bar Boulevard, thus reducing SB thru-traffic to one lane.
As shown on Exhibit “A”, the proposed improvements (with an estimated cost of
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$315,000) include:
• Add a second left-turn lane from SB Diamond Bar Boulevard to the EB SR-60 on-
ramp.
• To accommodate the additional left-turn lane, remove and reconstruct the
existing raised median, based on a final design, between the west Caltrans Park
& Ride lot driveway and the SR-60 EB ramps intersection. Reconstruct the
roadway pavement sections in areas impacted by the median removals.
• Restripe Diamond Bar Boulevard to add the s econd left-turn lane. (The existing
sidewalks, curb and gutters are not planned to be modified.)
• Modify traffic signals at the southwest corner of the EB ramps intersection to add
signal heads and lengthen mast arms. Reconstruct the existing curb return at the
southwest corner to bring the existing curb ramp(s) into compliance with current
ADA standards.
• Construct a new full-depth pavement structural section to replace the median,
cold plane and overlay for joining new and existing pavement sections, surface
drainage to maintain existing drainage patterns; signing, striping, and
replacement of traffic signal loop detectors.
In consultation with Metro and Caltrans, it is critical to take advantage of this opportunity
to get these improvements included in the larger 57/60 Confluence Project. In order to
do so, a Caltrans approved/permitted project must be provided to Metro team by June
2021.
To meet the current SR 57/60 Confluence Project schedule constraints, the design
process needs to start as soon as possible. As we know, working with Caltrans as a
larger organization can be very challenging and thus difficult to manage scope and
schedules. Staff has pursued informal proposals from WKE, MetroPointe Engineers,
and a Fehr and Peers/MetroPointe Engineers teams. MetroPointe Engineers was
chosen due to project understanding, a thorough scope of work, Caltrans experience on
similar smaller projects involving the Caltrans permit process; and general approach to
support the City’s scope management and proje ct delivery timing goals. Again, it is
critical that we ensure the project scope does not increase and meet the 57/60
Confluence Project schedule.
The project schedule is tentatively set as follows:
Notice to Proceed June 2020
Design submittals and reviews with Caltrans July 2020 to May 2021
Obtain Caltrans’ permitted plans May/June 2021
and add to the SR 57/60 Project Bid package
LEGAL REVIEW:
The City Attorney has reviewed and approved the agreement as to form.
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PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.14.a Consulting Services Agreement - MetroPointe Engineers
2. 4.14.b Intersection Design Concept
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Agenda #: 4.15
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: MAINTENANCE SERVICES AGREEMENT WITH VALLEY VISTA
SERVICES, INC., FOR STREET SWEEPING SERVICES THROUGH
JUNE 30, 2025.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Maintenance Services Agreement with
Valley Vista Services, Inc., for street sweeping services through June 30, 2025.
FINANCIAL IMPACT:
The total not-to-exceed amount set forth in the Maintenance Services Agreement is
$1,011,480.50 ($192,296.10 + $10,000 for emergency clean ups annually). Sufficient
Funds are included in the Fiscal Year 2020-2021 Public Works Operating Budget. For
subsequent fiscal years, annual amount will be based on the approved budget.
BACKGROUND/DISCUSSION:
The City of Diamond Bar’s contract with its current street sweeping services provider, R.
F. Dickson, Inc. will expire on June 30, 2020. In January 2020, a Request for Proposals
(RFP) was advertised for street sweeping services. The RFP was posted on Planet Bids
website, and contractors had until February 17, 2020 to submit proposals. The City
received a total of two (2) proposals for consideration: R.F. Dickson, and Valley Vista
Services (VVS).
Both contractors are full-service street sweeping companies, with experience providing
street sweeping services to other municipalities. Both proposals were complete and
demonstrated competencies in providing services, including the use of Global Position
System (GPS) Technology to monitor the sweeping service by route and the actual
sweeper speed to ensure thorough sweeping of all streets. Both contractors
demonstrated the ownership of adequate equipment including a primary and backup
vehicle.
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Staff evaluated the proposals summarized below:
· R.F. Dickson proposes an annual street sweeping cost of $268,299.08 fixed for
five (5) years, with a curb mile rate of $24.25.
· Valley Vista Services proposes an annual street sweeping cost of $192,296.10
fixed for five (5) years, with a curb mile rate of $17.40.
The proposals were based on the scope of work (Attachment A), for bi -weekly street
sweeping of approximately 356 curb miles and weekly street sweeping during the
months of December and January. The following are estimated curb miles for each
category: Arterials (41 curb miles), Residential/Collector (278.5 curb miles), Center
Medians (30 curb miles), Alleys (0.5 miles) and Painted Medians/2-Way Left Turn Lanes
(6 Miles). The cost-per-mile (CPM) of $17.40 proposed by Valley Vista Services reflects
a far lower rate in comparison to R.F. Dickson.
The new contract total cost of $202,296.10 is below the proposed Fiscal Year 2020-
2021 operating budget of $210,000, and includes additional scope of work such as
street sweeping of painted medians, alleys, and requests for cleanup of emergencies
and special events. Both contractors provided a curb mile rate and total annual street
sweeping costs that will be fixed for a period of five (5) years. No annual increase will be
permitted for the duration of the contract and the contractor understands that there will
be no Consumer Price Index (CPI) increase during the five-year term of the contract.
SUMMARY:
Staff has carefully and thoroughly reviewed the two (2) proposals. The proposal from
Valley Vista Services (VVS) has demonstrated to be the lowest responsive proposal.
For the past ten (10) years, VVS has been performing satisfactory services in the cities
of Industry, La Puente, South El Monte, and Walnut with minimum issu es/complaints.
The curb mile rate of $17.40 is a modest curb mile rate and allows for the City to
continue providing the community with effective and efficient services. It is
recommended that the City Council approve the five -year agreement with Valley Vista
Services to perform street sweeping services based on the company’s experience, work
history, and work performance.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Agreement as to form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 4.15.a Valley Vista Services Contract
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1450823.1
MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of June 16, 2020 by and between the
City of Diamond Bar, a municipal corporation ("City") and Valley Vista Services, Inc.
("Contractor").
1. Contractor's Services.
Subject to the terms and conditions set forth in this Agreement Contractor shall provide
to the reasonable satisfaction of the City the Street Sweeping 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, Contractor represents and warrants that it has thoroughly
investigated the work and fully understands the difficulties and restrictions in performing the
work. Contractor 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.
Jorge Garcia, Street Maintenance Superintendent (herein referred to as the “City’s
Project Manager”), shall be the person to whom the Contractor will report for the performance
of services hereunder. It is understood that Contractor 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 Contractor 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, 2020, and shall
continue until June 30, 2025 ("Term"), unless earlier terminated pursuant to the provisions
herein.
The City shall have the option to extend this Agreement for an additional two (2) year
term, 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.
3. Compensation. City agrees to compensate Contractor for each service which
Contractor 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 Contractor pursuant to this Agreement shall not exceed
two hundred two thousand two hundred ninety-six dollars and ten cents ($202,296.10) without
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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, Contractor shall submit to City an invoice
for the services completed, authorized expenses and authorized extra 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 Contractor the amount invoiced the City will pay Contractor 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 amendment 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 Contractor.
6. Priority of Documents. In the event of any inconsistency between this
Agreement and the attached exhibits, the following order of precedence shall apply: (a) This
Agreement; (b) The City's Request for Proposal, dated February 4, 2020; and (c) Contactor’s
Proposal dated March 5, 2020.
7. Status as Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent
contractor. Contractor 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, except as specifically provided herein.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of
Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any
time, or in any manner, represent that it or any of its agents or employees are in any manner
employees of City.
B. Contractor agrees to pay all required taxes on amounts paid to Contractor 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 or the Public Employee Retirement System regarding the independent contractor
status of Contractor and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Contractor or its employees, then
Contractor agrees to reimburse City for all costs, including accounting and attorney's fees,
arising out of such audit and any appeals relating thereto.
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C. Contractor shall fully comply with Workers' Compensation laws regarding
Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City
harmless from any failure of Contractor to comply with applicable Worker's Compensation
laws.
D. Contractor shall, at Contractor’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 Contractor under this Agreement any amount due to
City from Contractor as a result of Contractor'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 Contractor’s failure to comply with this Section.
8. Standard of Performance. Contractor 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.
Contractor 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 Contractor’s employees or Contractor’s contractor’s
employees arising out of Contractor’s work under this Agreement; and
(2) Any and all claims arising out of Contractor's performance of work hereunder
or its failure to comply with any of its obligations contained in this Agreement,
regardless of City’s passive negligence, but excepting such loss or damage which is
caused by the sole active negligence or willful misconduct of the City. Should City in its
sole discretion find Contractor’s legal counsel unacceptable, then Contractor 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 Contractor shall promptly
pay any final judgment rendered against the Indemnitees. It is expressly understood
and agreed that the foregoing provisions are intended to be as broad and inclusive as is
permitted by the law of the State of California and will survive termination of this
Agreement. Except for the Indemnitees, this Agreement shall not be construed to
extend to any third-party indemnification rights of any kind.
10. Insurance.
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A. Contractor 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 $2,000,000.00 combined single
limit coverage against any injury, death, loss or damage as a result of wrongful or
negligent acts by Contractor, 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 $2,000,000.00; and
(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.
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.
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 at least
ten (10) day's prior written notice thereof. Contractor 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 Contractor pursuant to the
terms of this Agreement and 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.
E. Contractor 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 Contractor (as the named insured) should Contractor fail to pay the
SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the
approval of the City. Contractor understands and agrees that satisfaction of this requirement is
an express condition precedent to the effectiveness of this Agreement. Failure by Contractor
as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement.
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Should City pay the SIR or deductible on Contractor’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 Contractor 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 Contractor, which
amounts may be deducted from any payments due Contractor.
I. Contractor 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.
11. Confidentiality. Contractor in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Contractor covenants
that all data, documents, discussion, or other information developed or received by Contractor
or provided for performance of this Agreement are deemed confidential and shall not be
disclosed by Contractor 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. Contractor's covenant under this section shall survive the
termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor
prepares reports of a proprietary nature specifically for and in connection with certain projects,
the City shall not, except with Contractor's prior written consent, use the same for other
unrelated projects.
12. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Contractor 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 Contractor's records regarding the services
provided under this Agreement. Contractor shall maintain all such records for a period of at
least three (3) years after termination or completion of this Agreement. Contractor 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. Contractor 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
Contractor under this Agreement, or which would conflict in any manner with the performance
of its services hereunder. Contractor further covenants that, in performance of this Agreement,
no person having any such interest shall be employed by it. Furthermore, Contractor shall
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avoid the appearance of having any interest which would conflict in any manner with the
performance of its services pursuant to this Agreement.
B. Contractor 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. Contractor's covenant under this section shall survive the
termination of this Agreement.
14. Termination. The City may terminate this Agreement with or without cause
upon fifteen (15) days' written notice to Contractor. 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 mailing of the notice. In the event of such termination, City
agrees to pay Contractor for services satisfactorily rendered prior to the effective date of
termination. Immediately upon receiving written notice of termination, Contractor 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. Contractor represents that it has, or will secure at its own expense,
all personnel required to perform the services under this Agreement. All of the services
required under this Agreement will be performed by Contractor or under it supervision, and all
personnel engaged in the work shall be qualified to perform such services. Contractor
reserves the right to determine the assignment of its own employees to the performance of
Contractor's services under this Agreement, but City reserves the right, for good cause, to
require Contractor to exclude any employee from performing services on City's premises.
16. Prevailing Wage. Notice is hereby given that in accordance with the provisions
of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is
required to pay not less than the general prevailing rate of per diem wages for work of a similar
character in the locality in which the public works is performed, and not less than the general
prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of
the Department of Industrial Relations of the State of California is required to and has
determined such general prevailing rates of per diem wages. Copies of such prevailing rates
of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810
Copley Drive, Diamond Bar, California, and are available to any interested party on request.
City also shall cause a copy of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars
($25.00) for each laborer, workman or mechanic employed for each calendar day or portion
thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of
wages hereinbefore stipulated for any work done under this Agreement, by him or by any
subcontractor under him.
The CONTRACTOR and any of its subcontractors must be registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes
the award of a contract for a public work on any public works project awarded after April 1,
2015. This Agreement is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
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17. Non-Discrimination and Equal Employment Opportunity.
A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement, and will
comply with all rules and regulations of City relating thereto. Such nondiscrimination shall
include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of Contractor 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. Contractor 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.
18. Time Is of the Essence. Time is of the essence in this Agreement. Contractor
shall do all things necessary and incidental to the prosecution of Contractor's work.
19 Delays and Extensions of Time. Contractor's sole remedy for delays outside
its control shall be an extension of time. No matter what the cause of the delay, Contractor
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 Contractor’s control. If Contractor 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 Contractor be entitled to any claim for lost
profits due to any delay, whether caused by the City or due to some other cause.
20. Assignment. Contractor shall not assign or transfer any interest in this
Agreement nor the performance of any of Contractor's obligations hereunder, without the prior
written consent of City, and any attempt by Contractor to so assign this Agreement or any
rights, duties, or obligations arising hereunder shall be void and of no effect.
21. Compliance with Laws. Contractor shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
22. 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 Contractor 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 Contractor, 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.
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23. 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 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.
24. 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.
“CONTRACTOR” “CITY”
Valley Vista Services, Inc. City of Diamond Bar
17445 E Railroad Street 21810 Copley Drive
City of Industry, CA 91748 Diamond Bar, CA 91765-4178
Attn.: David Perez Attn.: Jorge Garcia
Phone: 626.855-5555 Phone: 909.839.7046
E-Mail: DavidPerez@zerepmanagement.com E-mail: JGarcia@DiamondBarCA.Gov
25. Governing Law. This Agreement shall be interpreted, construed and enforced
in accordance with the laws of the State of California.
26. 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.
27. Entire Agreement. This Agreement, and any other documents incorporated
herein by reference, represent the entire and integrated agreement between Contractor 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.
IN WITNESS of this Agreement, the parties have executed this Agreement as of the
date first written above.
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*NOTE: If Contractor 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.
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1
Appendix A-2
PROPOSAL FORM
STREET SWEEPING SERVICES
Item 1: Street Sweeping Rates
Contract pricing for years one (1) through five (5) must be firm, fixed pricing. Pricing for
subsequent contract renewals will be limited to the Consumer Price Index (CPI) for Any
such proposed price adjustment and shall not exceed the Bureau of Labor Statistics
Consumer Price Index (CPI) data for Los Angeles-Riverside-Orange County, CA. All Items,
Not Seasonally Adjusted, “annualized change comparing the original proposal month and
the same month in the subsequent year. (March-March comparison).
The Contractor shall submit its request in writing, to be received by the City in person or via
certified mail a minimum of 60 days prior to the proposed adjustment date.
Pricing Per Curb Mile
Price
Estimated Annual
Miles
Annual Cost
Years 1-5
Arterials $ 17.40 1,271.00 $ 22,115.40
Alleys $ 17.40 31.00 $ 539.40
Collector/Residential $ 17.40 8,633.50 $ 150,222.90
Center Medians $ 17.40 930.00 $ 16,182.00
Painted Medians/2-Way
Left Turn Lanes
$ 17.40 186.00 $ 3,236.40
Total Annual
Cost:
$ 192,296.10
In the event any new streets are added within the City of Diamond Bar, the charge for each
additional curb-mile swept shall be:
$ 17.40 Per Curb-mile
Item 2: Composting Program (optional)
Pricing Estimated
Annual
Tonnage
Transportation
Costs Per Ton
Disposal
Cost Per
Ton
Total
Cost
Composting Program
Facility Proposed: _Grand
Central Recycling &
Transfer
350
N/A
$15.00
$5,250
Facility Location:
___City of Industry
Diversion %: 96%
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Arterial/Collector StreetsBrea Canyon RoadBrea Canyon CutoffChino AvenueChino Hills ParkwayCopley DriveDiamond Bar BoulevardGateway Center DriveGrand AvenueGolden Springs DriveLemon AvenuePathfinder RoadTemple Avenue/Avenida RancherosValley Vista DriveWalnut Drive 34 of 344.15.aPacket Pg. 455
Agenda #: 4.16
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SECOND AMENDMENT TO TRAFFIC SIGNAL MAINTENANCE
SERVICES AGREEMENT WITH SIEMENS MOBILITY, INC.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Second Amendment to the Traffic Signal
Maintenance Services Agreement with Siemens Mobility, Inc. to: (1) increase the total
authorization amount for Fiscal Year 2019-2020 from $185,000 to $225,000; and (2) to
extend the Agreement through June 30, 2022.
FINANCIAL IMPACT:
Approval of the Second Amendment will increase the total Fiscal Year 2019-2020
contract amount for Siemens Mobility, Inc. from $185,000 to $225,000. The increased
amount of $40,000 is being requested due to extraordinary costs related to accidents.
While staff expect most of these costs to be reimbursed, there are sufficient funds in the
current Fiscal Year 2019-2020 Public Works Operating Budget for both routine and
extraordinary traffic signal maintenance services.
The proposed Fiscal Year 2020-2021 budget includes an appropriation of $220,000 of
Prop C funds for both routine and extraordinary traffic signal maintenance services. The
current routine monthly maintenance rates will remain unchanged for the next two fiscal
years. Siemens is willing to maintain the same rates for all the services offered under
the traffic signal maintenance contract.
BACKGROUND/DISCUSSION:
Siemens Mobility, Inc. (Siemens; formerly Signal Maintenance Inc., Republic ITS, and
Siemens Industry, Inc.) has been providing traffic signal maintenance services to the
City for over nineteen (19) years, including routine maintenance on sixty-six (66)
signalized intersections, six (6) underpass lights, and three (3) flashing beacons. It is
beneficial to the City to continue to use Siemens, due to their overall satisfactory
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performance with the City, quality of service, emergency response time, their familiarity
with the City’s traffic signal communication infrastructure, traffic signal equipment
capability, traffic software expertise, and their knowledge of the City’s new Adaptive
Traffic Control System. Additionally, Siemens has technical/engineering personnel on
staff that can prepare plans and specifications to address signal impairments that may
require this level of detail within a short time frame.
On May 2, 2017, the City Council approved a maintenance services agreement with
Siemens to provide traffic signal maintenance services (Original Agreement). On June
4, 2019 The City Council approved the First Amendment to the Original Agreement
(collectively the Agreement) to increase the total fiscal year contract amount to cover
traffic signal equipment replacement cost due to an accident that occurred in January
2019.
The Agreement will expire on June 30, 2020; therefore, Siemens has requested a two -
year service extension in accordance with the provision in Section 16 of the Original
Agreement, to extend multiple years upon successful demonstration of exemplary
contract performance services (See Exhibit A- Extension Letter).
During the months of July through November 2019, three vehicular accidents occurred
causing a total loss to two (2) traffic signal poles and one (1) signal cabinet at three
intersections. A full replacement work was performed by Siemens at a cost of $40,000.
City staff followed up and filed a claim against the responsible party’s insurance. The
claim has not been approved as of this date; therefore, it is highly likely that
reimbursement will not be received by June 30, 2020. This will result in exceeding the
annual contract amount with Siemens by the amount of $40,000 from $185,000 to
$225,000.
Therefore, staff is recommending the City Council approval of the proposed Second
Amendment to the Agreement to increase the total fiscal year 2019-2020 contract
amount and to extend the maintenance services contract through June 30, 2022.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 4.16.a Siemens 2nd Amendment
2. 4.16.b Exhibit A - Extension Letter
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1497147.1
SECOND AMENDMENT
TO
AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES
This Second Amendment to Agreement for Signal Maintenance Services is made
and entered into as of June 16, 2020, by and between the City of Diamond Bar, a
municipal corporation (“City”), and Siemens Mobility, Inc. (Formerly Siemens Industry,
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 Traffic Signal
Maintenance Agreement dated as of May 2, 2017, which is incorporated herein by this
reference (the “Original Agreement”); and
B. The City and Contractor entered into a First Amendment to the Original
Agreement dated June 4, 2019, which is incorporated herein by this reference (“First
Amendment), which First Amendment and Original Agreement are collectively referred to
herein as the “Agreement”; and
C. The City and the Contractor desire to modify, amend and supplement certain
portions of the 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. Term. The Term of the Original Agreement as set forth in Section 2 therein is
from July 1, 2017 to June 30, 2020. This Second Amendment extends the Term up to and
including June 30, 2022.
3. Compensation. The total not-to-exceed annual compensation set forth in
Section 3 of the Original Agreement per fiscal year was the sum of One Hundred Eighty-
Five Thousand Dollars ($185,000) for Fiscal Years 2017-2018, 2018-2019 and 2019-2020.
Section 3 of the Original Agreement is hereby amended by to provide for an increase of
Forty Thousand Dollars ($40,000) for Fiscal Year 2019-2020, so that the total not-to-
exceed compensation, as amended by this Second Amendment shall not exceed Two
Hundred Twenty-Five Thousand Dollar ($225,000) for Fiscal Year 2019-2020.
Section 3 of the Original Agreement is further amended to provide for a not-to-exceed
compensation in the sum of Two Hundred Twenty Thousand Dollars ($220,000) for each
Fiscal Years of 2020-2021 and 2021-2022, which amounts may not be exceeded without
4.16.a
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4.16.aPacket Pg. 460
*NOTE: If Contractor 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.
4.16.a
Packet Pg. 461
Unrestricted
Siemens Mobility, Inc.
1026 E Lacy Avenue
Anaheim, California 92805
714.456.9902
714.456.9905 Fax
www.usa-siemens.com/mobility April 22, 2020
Christian Malpica
City of Diamond Bar
21825 E. Copley Dr.
Diamond Bar, CA 91765
Subject: MAINTENANCE CONTRACT EXTENSION FY20/21 & FY21/22
Dear Mr. Malpica,
Siemens Mobility, Inc. is pleased to submit this letter of interest to continue providing the services offered under the current Traffic Signal Maintenance
Contract for the term of two (2), one (1) year extensions; July 1, 2020 thru June 30, 2021 FY and, July 1, 2021 thru June 30 2022.
We are committed to providing the exceptional service that you have come to expect and look forward to another successful year partnering with the
City of Diamond Bar.
At this time, we will not be requesting a CPI increase; therefore, keeping the rates per the existing.
Please feel free to contact me if there is anything I may help with. I can be reached at 714-284-0206 or by email at Shenoa.townsend@siemens.com.
Sincerely,
Shenoa Townsend
Service Account Manager
Siemens Mobility, Inc.
EXHIBIT "A"4.16.b
Packet Pg. 462
Agenda #: 4.17
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONTINUED PARTICIPATION IN THE NATIONAL
INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE
JANITORIAL SUPPLIES FOR CITY FACILITIES FOR FISCAL YEAR
2020-2021.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Adopt Resolution No. 2020-21 authorizing participation in the National
Intergovernmental Purchasing Alliance to purchase janitorial supplies for City Facilities
in the not-to-exceed amount of $65,000 for Fiscal Year 2020-2021.
FINANCIAL IMPACT:
Sufficient funds for the purchase of sanitary supplies are included in the FY 2020-2021
Operating Budget for the Civic Center, Diamond Bar Center, and various Parks totaling
$65,000.
BACKGROUND/DISCUSSION:
The City has been using Waxie Sanitary Supply for janitorial supplies at City facilities.
Waxie provides high quality products and years of responsive customer service that
staff has come to rely on. On February 17, 2015, the City C ouncil authorized the use of
the National Intergovernmental Purchasing Alliance (NIPA) for purchases of Waxie
products for FY 14/15. Subsequently, the City Council has authorized the use of NIPA
for purchases of Waxie products for each year since that tim e. When comparing last
year’s NIPA prices to this year, there have been very minor price increases, as seen in
the table below.
Description Regular Price NIPA Price (19/20) NIPA Price (20/21)
New White Bar Towels $54.33 $38.07 $38.07
WAXIE Sparkle Glass Cleaner $43.56 $34.33 $34.94
Clean & Soft 2-Ply Toilet Tissue $49.00 $40.16 $40.16
WAXIE Seat Cover $46.99 $39.59 $39.59
4.17
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Clean & Soft Multifold Towel $28.48 $22.34 $22.34
Speedball 2000 Cleaner $55.31 $44.19 $47.26
Staff is seeking authorization for continued use of the NIPA for purchases of Waxie
products.
The City’s purchasing ordinance, codified in Chapter 3.24 of the Diamond Bar Municipal
Code, generally requires the use of formal bidding procedures for procurement of goods
and services that cost in excess of $45,000. Section 3.24.090 (f) provides an exception
as follows: “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.”
It is recommended that the City forgo its separate bidding process and utilize the
bidding process conducted by the City of Tucson, Arizona, which served as the
Principal Procurement Agency (lead agency) for the NIPA and negotiated a contract
with Network Services Company to obtain discounted pricing for about 1,400 Waxie
products. These products may be purchased under the agreement by members of the
NIPA, including the City of Diamond Bar, from Waxie Sanitary Supply as the local
distributor for the Network Services Company. The NIPA is an intergovernmental
cooperative purchasing alliance that procures contracted goods and services thorough
a Request for Proposal (RFP) competitive solicitation process conducted by a public
agency/governmental entity. The procurement process employed by the NIPA includes
the following:
1. The lead agency prepares a competitive solicitation, incorporating language to
make the agreement accessible nationally to agencies in states that allow
intergovernmental (i.e.: “piggyback”) contract usage.
2. The lead agency issues the solicitation and any required amend ments and
notifications‚ and conducts pre–proposal conferences/meetings.
3. Interested suppliers respond to the solicitation.
4. The lead agency evaluates the responses, negotiates the final terms and
conditions and ultimately awards the master agreement.
The NIPA procurement process is similar to the City's formal bidding procedures, which
makes master agreements appropriate for "piggybacking" for purchases of Waxie
products included in the City of Tucson and Network Services Company master
agreement. As a participant, the City will receive the “NIPA” prices shown on the
attached price list.
The City’s Purchasing Ordinance requires that participation in a governmental
purchasing program must be authorized by resolution of the City Council. The
Purchasing Ordinance also requires City Council approval for purchases from a single
vendor in a fiscal year in excess $45,000. Staff anticipates expenditures of $65,000 for
4.17
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Waxie products during FY 2020-2021.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.17.a Resolution No. 2020-21
2. 4.17.b Copy of Diamond Bar Price FY 20/21
4.17
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RESOLUTION NO. 2020-21
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AUTHORIZING PARTICIPATION IN THE NATIONAL
INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE
JANITORIAL SUPPLIES FOR CITY FACILITIES FROM WAXIE
SANITARY SUPPLY AS DISTRIBUTOR FOR THE NETWORK
SERVICES COMPANY IN THE AMOUNT NOT TO EXCEED $65,000
DURING FISCAL YEAR 2020/2021
WHEREAS, the City Council has established a purchasing system for the efficient
purchase of supplies, services, personal property and equipment at the lowest cost
commensurate with the quality needed and to buy without favor or prejudice;
WHEREAS, the City Manager, acting in the role of Purchasing Manager, directs
and supervises the acquisition of all goods and services under the authority of Diamond
Bar Municipal Code Section 3.24.040 (a);
WHEREAS, Diamond Bar Municipal Code Section 3.24.070(b)(4) authorizes the
Purchasing Manager to dispense with formal bidding when, in the opinion of the
Purchasing Manager, supplies, personal property, services or equipment can be more
efficiently or more cost efficient obtained if acquired on behalf of the city by the state
department of general services or other government purchasing program, and the City
Council authorizes the "piggyback" procurement by resolution;
WHEREAS, the Purchasing Manager has determined that certain supplies,
materials, personal property and equipment can be more efficiently and more
inexpensively obtained if acquired on behalf the City as a participant of the National
Intergovernmental Purchasing Alliance, an intergovernmental cooperative purchasing
alliance that procures contracted goods and services thorough a request for proposal
competitive solicitation process conducted by a public agency/governmental entity;
WHEREAS, acquisition of any such supplies, materials, personal property or
equipment as a participant of a government purchasing program must be authorized by
resolution of the City Council; and
WHEREAS, the Purchasing Agent and Purchasing Delegates have evaluated the
janitorial products provided by Waxie Sanitary Supply as the local distributor pursuant to
a master contract between the City of Tucson, the Network Services Company, and the
National Intergovernmental Purchasing Alliance, and have determined that Wax ie
provides high quality product and responsive customer service, and recommends Waxie
Sanitary Supply as the provider of janitorial supplies for City facilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Diamond Bar does hereby:
4.17.a
Packet Pg. 466
Resolution No. 2020-21
2
1. Recognize that certain supplies, materials, personal property and equipment can
be more efficiently and more inexpensively obtained if acquired on behalf of the
City as a participant of a government purchasing program.
2. Authorize participation of the City in the National Intergovernmental Purchasing
Alliance.
3. Appoint the City Manager of the City of Diamond Bar to direct and supervise the
acquisition of all goods and services as a participant in the National
Intergovernmental Purchasing Alliance.
4. Authorize the City Manager or his designee to purchase janitorial supplies for City
facilities from Waxie Sanitary Supply as a participant in the National
Intergovernmental Purchasing Alliance in the amount not to exceed $65,000 during
Fiscal Year 2020/2021.
PASSED, APPROVED AND ADOPTED this 16th day of June, 2020.
_____________________________
Steve Tye, Mayor
ATTEST:
I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the
foregoing resolution was duly passed, approved and adopted by the City Council of the
City of Diamond Bar at a regular meeting held on the 16th day of June, 2020, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_____________________________
Kristina Santana, City Clerk
4.17.a
Packet Pg. 467
146239-OMNIA Pricelist
Purchase Order:Ordered by:
Item Number Description U/M Regular
Price
NIPA 2019-
2020 Price
NIPA 2020 -
2021 Price
1030400 WAXIE-Green SolSta Nonacid Bathroom Cleaner 4/3L CS 79.99$ 59.45$ 59.45$
1070400 Folex Spotter Quart CS 69.44$ 60.54$ 61.41$
1070451 WAXIE Gum Away II 6oz CS 51.67$ 43.88$ 44.77$
160911 WAXIE Time Metered Mango Air Freshener 6.8oz BX 28.99$ 23.24$ 23.75$
164011 WAXIE Mango Dry Air Freshener 10-oz net CS 64.03$ 48.21$ 49.14$
170018 WAXIE Germicidal Ultra Bleach gallons CS 12.09$ 10.05$ 10.05$
170200 SolSta 320 Disinfectant Bathroom Cleaner CS 82.76$ 60.26$ 60.26$
170700 SolSta 764 Lemon Quat Disinfectant Cleaner 3L CS 76.99$ 53.69$ 53.69$
180020 4600 Feather Duster-12"EA 9.98$ 6.87$ 6.87$
180060 4603 Feather Duster-23"EA 11.00$ 9.24$ 9.24$
180105 Round W all Duster Brush Head Only EA 6.00$ 4.00$ 4.20$
290060 16" Brass Channel w/ Rubber EA 9.12$ 7.48$ 7.27$
290120 4" Brass Squeegee Handle EA 8.78$ 6.18$ 6.00$
290430 18" Refill Squeegee Rubber EA 3.45$ 2.52$ 2.44$
320200 SolSta 210 Neutral Cleaner CS 71.23$ 53.92$ 47.20$
350474 WAXIE W 74 Medium Duty Scrubbing Sponge CS 27.20$ 19.05$ 20.15$
380395 11280 KC In Counter Kleenex Luxury Foam Skin Cleanser w/ Moist 1500mlCS 54.78$ 35.08$ 36.86$
380397 11331 KC Kleenex Counter Mount Skin Care Dispenser EA 26.00$ 13.41$ 13.41$
381680 Purell Instant Hand Sanitizer 1000ml CS 60.17$ 35.27$ 36.70$
388084 White Lanolin Hand Soap CS 28.81$ 21.04$ 21.45$
573130 ProTeam Antimicrobial Micro Filter Bags for Super Coach Vac PK 24.00$ 21.22$ 20.80$
573765 Windsor 12' Vacuum & Solution Hose EA 269.98$ 222.69$ 256.96$
574140 16-1919 Belt EA 1.45$ 1.22$ 0.70$
574355 Paper Filter Bags & Pre-Filter for Spectrum 12P and 15P PK 16.78$ 13.45$ 13.25$
650350 WAXIE Blue Wonder W et Mop Janitor CS 145.99$ 127.20$ 133.52$
650821 Big Mo #524 Dust Mop Head CS 128.83$ 96.06$ 100.93$
650822 WAXIE Dust Mop Frame 524 EA 6.56$ 4.43$ 4.65$
651171 60” Wood Snap-On Handle EA 11.73$ 9.02$ 9.47$
703084 40 x 47 1.5 mil Black Max Liner, 100/cs CS 37.89$ 26.29$ 23.70$
704525 30 x 37 10N Coreless Roll Liner CS 33.67$ 20.78$ 21.11$
750016 WAXIE-Green Bar Top Furniture Polish 16-oz CS 53.47$ 46.62$ 47.53$
750321 WAXIE-Green Metal Brite Stainless Steel Cleaner Polish 16oz CS 58.48$ 50.15$ 51.07$
770080 New Polishing Diapers Clothes CS 130.18$ 102.70$ 102.70$
770100 New W hite Bar Towels CS 54.33$ 38.07$ 38.07$
770166 WAXIE NewGold Striped Cln Towels Conv Pack BX 61.00$ 52.55$ 52.55$
770186 WAXIE New Blue Striped Cln Towels Conv Pack BX 61.00$ 52.55$ 54.61$
791320 ProGuard 8606 GP Vinyl Powdered Gloves M CS 56.99$ 47.29$ 44.70$
791325 ProGuard 8606 GP Vinyl Powdered Gloves L CS 56.99$ 47.29$ 44.70$
820765 Waxed Kraft Liners for Wall Unit CS 26.91$ 18.00$ 17.73$
850232 2001 Clean & Soft White Mlt-fold Towel CS 29.48$ 22.34$ 22.34$
850235 21000 Signature Premium Multifold Towel CS 30.14$ 18.40$ 19.11$
850572 3600 Clean & Soft White Roll Towels CS 61.07$ 49.10$ 50.08$
851127 18280/01 Preference White 2-Ply Toilet Tiss CS 51.45$ 43.99$ 45.67$
851178 1855 Clean & Soft White 2-ply Toilet Tissue CS 49.00$ 40.16$ 40.16$
851530 041 W AXIE Seat Cover CS 46.99$ 39.59$ 39.59$
851900 283-604 Theft Resistant Spindle EA 6.35$ 5.59$ 5.59$
851915 283-504 Chrome Standard Spindle EA 3.03$ 1.77$ 1.86$
870530 Speedball 2000 Cleaner quarts CS 55.31$ 44.19$ 47.26$
PLEASE FAX YOUR ORDER TO: 714-545-0569
City of Diamond Bar
Account Number:
Guy Fiandaca
Account Executive
909-938-9416
6/12/2020 1 of 2
AJA
4.17.b
Packet Pg. 468
146239-OMNIA Pricelist
Purchase Order:Ordered by:
Item Number Description U/M Regular
Price
NIPA 2019-
2020 Price
NIPA 2020 -
2021 Price
PLEASE FAX YOUR ORDER TO: 714-545-0569
City of Diamond Bar
Account Number:
Guy Fiandaca
Account Executive
909-938-9416
890040 Trigger Sprayer 22-32oz EA 1.33$ 0.56$ 0.78$
890050 WAXIE Spray Bottle - 32oz EA 1.25$ 0.88$ 0.88$
950110 SolSta 543 WAXIE-Green Glass and Surface Cleaner CS 78.99$ 50.04$ 54.82$
950144 WAXIE Sparkle Liquid Glass & Surface Cleaner CS 21.89$ 15.57$ 15.89$
950151 WAXIE Sparkle Glass Cleaner Aero 19oz CS 44.56$ 34.33$ 34.94$
6/12/2020 2 of 2
AJA
4.17.b
Packet Pg. 469
Agenda #: 4.18
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: THIRD AMENDMENT TO THE VENDOR SERVICES AGREEMENT
WITH EXTERIOR PRODUCTS CORPORATION FOR STREET
DECORATIONS THROUGH JUNE 30, 2021.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Third Amendment to the Vendor Services
Agreement with Exterior Products Corporation for street decorations through June 30,
2021.
FINANCIAL IMPACT:
The total authorization amount for Fiscal year 2020-2021 is $59,000. Sufficient funds
are included in the Fiscal Year 2020-2021 operating budget to cover the cost of such
services.
BACKGROUND/DISCUSSION:
On March 1, 2016, Exterior Products Corporation and the City entered into a three-year
Vendor Services Agreement, with up to three one -year extensions, through June 30,
2019 to install, remove and store banners, decorations and flags with an annual not -to-
exceed amount of $50,000 per fiscal year. In Fiscal Year 2018 -19, the City Council
approved the First Amendment to the Vendor Services Agreement to include an
additional amount for American flags and hardware, as well as for enhanced holiday
banners and decorations throughout the City.
In Fiscal Year 2020-2021, the scheduled work includes the installation and removal of
American flags along Grand Avenue (three times per year); the installation of enhanced
holiday decorations at three major intersections as well as at City Hall; the installation,
removal and replacement of Armed Forces, Diamond Bar Restaurant Week, and
Concerts/Movies in the Park banners (next summer season - June 2021). The Third
4.18
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Amendment to the Vendor Services Agreement would grant the second of three
optional one-year extensions through June 30, 2021. The respective costs for the
scheduled work are as follows:
Program Fiscal Year 20-21 Budget
Armed Forces Banners $16,000
American Flags $18,000
Concerts/Movies in the Park Banners $3,500
Diamond Bar Restaurant Week Banners $6,500
Holiday Banners / Holiday Decorations $15,000
Total: $59,000
LEGAL REVIEW:
The City Attorney has approved the amended agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.18.a Third Amendment - Exterior Products Corp
4.18
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THIRD AMENDMENT
TO
VENDOR SERVICES AGREEMENT
This Third Amendment to Vendor Services Agreement ("Third Amendment") is made
and entered into as of June 16,2021, by and between the City of Diamond Bar, a municipalcorporation ("City"), and Exterior Products Corporation, a balifornia corporation (herein
referred to as the "contractor") with reference to the following:
A. The City and the Contractor entered into that certain Vendor Services
Agreement dated as of March 1, 2016, which is incorporated herein by this reference (the"Original Agreement"); and
B. The City and the Contractor entered into that certain First Amendment datedas of August 21,2018, and Second Amendment dated as of June 1A,201g, which areincorporated herein by this reference ("First and Second Amendment"j, which First andSecond Amendments and Original Agreement collectively are referred to herein as the"Agreement";
C. The City and the Contractor desire to amend the Agreement as provided
herein.
NOW, THEREFORE, the parties agree as follows:
1. Defined Terms. Except as othenruise defined herein, all capitalized termsused herein shall have the meanings set forth for such terms in the OiiginalAgreement.
2. Term. The Term of the Original Agreement as set forth in Section 2 therein isfrom February 16, 2016 to June 30,2019. The Second Amendment extended the Term up
!o and including June 30,2020. This Third Amendment shall extend the Term up to andincluding June 30, 2021.
3. Gompensation. The total not-to-exceed compensation set forth in Section 3of the Original Agreement, was the sum of Fifty Thousand Dollars ($5O,OO0) per fiscal year.The First Amendment amended Section 3 of ihe Original Agreement io provide for a totalnot-to-exceed compensation in the sum of One Hundred Fifteen Thousand Nine HundredDollars ($115,900) per fiscal year. The Second Amendment amended Section 3 of theOriginal Agreement to provide for a total not-to-exceed compensation in the sum of Fifty-Eight Thousand Nine Hundred Dollars ($5g,g00) for fiscal year 2019_2020. Section 3 ishereby amended to provide for a total not-to-exceed compeniation in the sum of Fifty-NineThousand Dollars ($59,000) for the 29 _20-21 fiscal year (July 1, 2O2O - June AO, 2021)without the prior written authorization of the City.
1496333.t
4.18.a
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5. lntegration. This Third Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede all pri6r
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 conflicf or incoisistency
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.
lN WITNESS hereof, the parties enter into this Third Amendment on the year and
day first above written.
..CONTRACTOR"..CITY'
EXTERIOR PRODUCTS CORPORATION CITY OF DIAMOND BAR
By:
*By:
Steve Tye
Mayor
ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
David DeBerry, City Attorney
1496333.1
4.18.a
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*p[fi:lf Contractor is a corporation, the City requires the fotlowing signature(s):
(1) the Chairman of the Board, the President or a Vice-President, nio p1 the Secretary, the
Chief Financial Officer, the Treasure4 an Assisfant Secretary or an Assistant Treasurer. ltonly one corporate officer exr.sfs or one corporate officer iolds more than one corporate
office, please so indicate. OR
The corporate officer named in a corporate resotution as authorized to enter into thisAgreement. A copy of the corporate resolution, ceftified by the Secretary close in time to the
execution of the Agreement, must be provided to the City,
1496333 1
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Agenda #: 4.19
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FIRST AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH BEST LIGHTING PRODUCTS, INC. FOR
MONTHLY LIGHTING INSPECTIONS AND MAINTENANCE THOUGH
JUNE 30, 2021.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the First Amendment to the Maintenance
Services Agreement with Best Lighting Products, Inc.
FINANCIAL IMPACT:
Sufficient funds are included in the Fiscal Year 2020-2021 Parks and Facility
Maintenance Budget to cover the cost of such services. The total annual not-to-exceed
cost is $40,000.
BACKGROUND/DISCUSSION:
Best Lighting Products, Inc. has been providing lighting maintenance services to the
City for over 15 years. On August 1, 2017, the City Council awarded a contract to Best
Lighting for the preventative and as-needed lighting maintenance for the City’s outdoor
facilities. The original agreement was for a term of three years with options for three
one-year extensions. This First Amendment to the maintenance services agreement will
extend the contract term through June 30, 2021.
LEGAL REVIEW:
The City Attorney has approved the amended agreement as to form.
4.19
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PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.19.a Best Lighting 1st Amendment
4.19
Packet Pg. 476
1450826.1
FIRST AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This First Amendment to Maintenance Services Agreement (“First Amendment”) is
made and entered into as of June 16, 2020, by and between the City of Diamond Bar, a
municipal corporation ( “City”), and Best Lighting Products, Inc. (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 August 1, 2017, 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 August 1, 2017 to June 30, 2020. This First Amendment extends the Term up to and
including June 30, 2021.
4. Compensation. The total not-to-exceed compensation set forth in Section 3
of the Original Agreement was the sum of Forty Thousand Dollars ($40,000) without the
prior written consent of the City. Section 3 of the Original Agreement hereby will remain
unchanged for the term of the First Amendment.
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.
4.19.a
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4.19.a
Packet Pg. 478
1450826.1
*NOTE: If Contractor 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.
4.19.a
Packet Pg. 479
Agenda #: 4.20
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FIRST AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH BRIGHTVIEW LANDSCAPE SERVICES INC. FOR
LANDSCAPE MAINTENANCE SERVICES (PARKS) THROUGH JUNE
30, 2021.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the First Amendment to the Maintenance
Services Agreement with BrightView Landscape, Inc. through June 30. 2021.
FINANCIAL IMPACT:
The total not-to-exceed amount of the Maintenance Services Agreement for Fiscal Year
2020-2021 is $459,156 which includes $429,156 for park maintenance and $30,000 for
as needed maintenance tasks. Sufficient funds are included in the Fiscal Year 2020-
2021 Parks and Facility Maintenance Operating Budget to cover the cost of such
services.
BACKGROUND/DISCUSSION:
BrightView Landscape, Inc. has been providing landscape maintenance services to the
City for over 15 years. Overall, BrightView’s performance has met th e expectations of
the City and this is evident in the quality of the City facilities that they maintain. Thirteen
City maintained parks/facilities are maintained as part of this contract. The current
contract rate of $459,156 has remained the same since 2017 and will be in effect for the
term of the First Amendment.
The City Council approved a three-year agreement with BrightView on July 1, 2017 with
provisions for up to three one-year extensions. The Agreement provides for CPI
increases at the end of the first one-year extension and annually thereafter.
4.20
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LEGAL REVIEW:
The City Attorney has reviewed and approved the amended Agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.20.a First Amendment BrightView
4.20
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1450826.1
FIRST AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This First Amendment to Maintenance Services Agreement (“First Amendment”) is
made and entered into as of June 16, 2020 by and between the City of Diamond Bar, a
municipal corporation (“City”), and BrightView Landscape, Inc. (herein referred to as the
“Contractor”) with reference to the following:
A. The City and the Contractor entered into that certain Contractor Services
Agreement dated as of April 4, 2017, 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 July 1, 2017 to June 30, 2020. This First Amendment extends the Term up to and
including June 30, 2021.
4. Compensation. The total not-to-exceed compensation set forth in Section 3
of the Original Agreement was the sum of Four Hundred Fifty-Nine Thousand One Hundred
Fifty-Six Dollars ($459,156) without the prior authorization of the City. Total payment to
Contractor for all services provided under this First Amendment shall not exceed Four
Hundred Fifty-Nine Thousand One Hundred Fifty-Six Dollars ($459,156) without the prior
written consent 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.
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IN WITNESS hereof, the parties enter into this First Amendment on the year and day
first above written.
“CONTRACTOR” “CITY”
BrightView Landscape, Inc. CITY OF DIAMOND BAR
*By: By:
Printed Name: Steve Tye
Title: Mayor
*By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
David DeBerry, City Attorney
Frank AnninoSenior Vice President
Kyle Kramer
Branch Manager
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*NOTE: If Contractor 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.
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Agenda #: 4.21
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: MAINTENANCE SERVICES AGREEMENT WITH MCE CORPORATION
FOR LANDSCAPE MAINTENANCE SERVICES (LLAD NOS. 38, 39 &
41) THROUGH JUNE 30, 2023.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayo r to sign, the Maintenance Services Agreement with
MCE Corporation for Landscape Maintenance Services within LLAD’s 38, 39 and 41
through June 30, 2023.
FINANCIAL IMPACT:
The total not-to-exceed amount set forth in the Maintenance Services Agreement is
$1,238,488.20 ($412,829.40/fiscal year which includes $382,829.40 for LLAD
maintenance and $30,000 for as-needed maintenance tasks). Sufficient funds are
included in the FY 2020-2021 LLAD’s Operating Budget. For subsequent fiscal years,
annual amount will be based on the approved budget.
Contract pricing for year 1 to year 3 will be fixed pricing. Subsequent pricing for contract
renewals is capped by the CPI, but may be negotiated for less than the CPI.
BACKGROUND/DISCUSSION:
The areas within the assessment districts to be maintained are as follows:
1. District 38 – Citywide landscape medians and parkways
2. District 39 - mini parks, trails, slopes, and firebreaks
3. District 41 - parkways, slopes and firebreaks
The City’s agreement for landscape maintenance services with our current provider
(MCE Corporation) expires on June 30, 2020. Prior to this expiration date, staff
determined that the RFP (Request for Proposals) process would provide the City the
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best opportunity to receive contemporary proposals from current as well as new
prospective contractors. Additionally, the proposals would give the City a good
indication of the current market rates for LLAD landscape services. In preparation of the
RFP, the City’s specifications for the maintenance of Diamond Bar LLADs 38, 39 and 41
were updated and included to reflect the needs and expected service levels of all
LLADs.
In January 2020, an RFP was advertised for landscape services fo r LLADs via the City’s
secure online bidding system, Planet Bids. The RFP was posted, and qualified
contractors had until February 13, 2020 to submit a proposal. The City received a total
of thirteen (13) proposals for consideration and interviewed the two lowest responsible
proposers.
Contractor Monthly Fee Annual Fee
MCE Corporation $31,902.55 $382,829.40
Nova Landscape Group $35,225.00 $422,700.00
Both proposers met the minimum requirements of the RFP which were as follows:
• Firms must hold a valid C-27 Landscape Contractors license.
• Licenses must be in good standing.
• Must list key personnel (i.e. project team with relevant experience in municipal
landscape) that will be performing the work.
• Proposals shall include a list of similar and separate So uthern California
municipal multi-year landscape maintenance contracts which have been
successfully completed within the last five (5) years.
• Must include a quality control plan.
Both contractors are all full service landscape companies with experience providing
landscape maintenance services to other municipalities. While Nova’s proposal was
complete and demonstrated competencies in providing the required services, MCE
Corporation was selected based on the strength and thoroughness of their proposal as
well as their competitive pricing. Key considerations used to select MCE Corporation
are as follows:
• Technical ability and experience similar to the scope of work.
• Current list of municipal contracts.
• Corporate capability and adequate financial resources.
• Work history and experience within the City of Diamond Bar.
It is recommended that the City Council approve the three-year agreement with MCE
Corporation to provide landscape maintenance services within the City LL ADs based on
the company’s experience, work history and performance.
LEGAL REVIEW:
The City Attorney has reviewed and approved the agreement as to form.
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PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.21.a Maintenance Services Agreement - MCE
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MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of June 16, 2020 by and between the
City of Diamond Bar, a municipal corporation ("City") and MCE Corporation ("Contractor").
1. Contractor's Services.
Subject to the terms and conditions set forth in this Agreement Contractor shall provide
to the reasonable satisfaction of the City the landscape services for LLMD 38,39 & 41 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, Contractor represents and warrants that it
has thoroughly investigated the work and fully understands the difficulties and restrictions in
performing the work. Contractor 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.
Anthony Jordan, Maintenance Superintendent (herein referred to as the “City’s Project
Manager”), shall be the person to whom the Contractor will report for the performance of
services hereunder. It is understood that Contractor 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 Contractor 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, 2020, and shall
continue until June 30, 2023 ("Term"), unless earlier terminated pursuant to the provisions
herein.
The City shall have the option to extend this Agreement for three (3) additional one (1)
year terms, subject to the same terms and conditions contained herein, by giving Contractor
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, Contractor'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 Contractor,
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.
3. Compensation. City agrees to compensate Contractor for each service which
Contractor 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 Contractor pursuant to this Agreement shall not exceed
four hundred twelve thousand eight hundred twenty-nine dollars and forty cents ($412,829.40)
per fiscal year without the prior written consent of the City. The above not to exceed amount
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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, Contractor shall submit to City an invoice
for the services completed, authorized expenses and authorized extra 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 Contractor the amount invoiced the City will pay Contractor 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 amendment 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 Contractor.
6. Priority of Documents. In the event of any inconsistency between this
Agreement and the attached exhibits, the following order of precedence shall apply: (a) This
Agreement; (b) The City's Request for Proposal, dated January 8, 2020; and (c) Contractor's
Proposal dated February 13, 2020.
7. Status as Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent
contractor. Contractor 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, except as specifically provided herein.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of
Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any
time, or in any manner, represent that it or any of its agents or employees are in any manner
employees of City.
B. Contractor agrees to pay all required taxes on amounts paid to Contractor 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 or the Public Employee Retirement System regarding the independent contractor
status of Contractor and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Contractor or its employees, then
Contractor agrees to reimburse City for all costs, including accounting and attorney's fees,
arising out of such audit and any appeals relating thereto.
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C. Contractor shall fully comply with Workers' Compensation laws regarding
Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City
harmless from any failure of Contractor to comply with applicable Worker's Compensation
laws.
D. Contractor shall, at Contractor’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 Contractor under this Agreement any amount due to
City from Contractor as a result of Contractor'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 Contractor’s failure to comply with this Section.
8. Standard of Performance. Contractor 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.
Contractor 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 Contractor’s employees or Contractor’s contractor’s
employees arising out of Contractor’s work under this Agreement; and
(2) Any and all claims arising out of Contractor's performance of work hereunder
or its failure to comply with any of its obligations contained in this Agreement,
regardless of City’s passive negligence, but excepting such loss or damage which is
caused by the sole active negligence or willful misconduct of the City. Should City in its
sole discretion find Contractor’s legal counsel unacceptable, then Contractor 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 Contractor shall promptly
pay any final judgment rendered against the Indemnitees. It is expressly understood
and agreed that the foregoing provisions are intended to be as broad and inclusive as is
permitted by the law of the State of California and will survive termination of this
Agreement. Except for the Indemnitees, this Agreement shall not be construed to
extend to any third-party indemnification rights of any kind.
10. Insurance.
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A. Contractor 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 $2,000,000.00 combined single
limit coverage against any injury, death, loss or damage as a result of wrongful or
negligent acts by Contractor, 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 $2,000,000.00; and
(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.
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.
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 at least
ten (10) day's prior written notice thereof. Contractor 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 Contractor pursuant to the
terms of this Agreement and 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.
E. Contractor 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 Contractor (as the named insured) should Contractor fail to pay the
SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the
approval of the City. Contractor understands and agrees that satisfaction of this requirement is
an express condition precedent to the effectiveness of this Agreement. Failure by Contractor
as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement.
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Should City pay the SIR or deductible on Contractor’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 Contractor 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 Contractor, which
amounts may be deducted from any payments due Contractor.
I. Contractor 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.
11. Confidentiality. Contractor in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Contractor covenants
that all data, documents, discussion, or other information developed or received by Contractor
or provided for performance of this Agreement are deemed confidential and shall not be
disclosed by Contractor 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. Contractor's covenant under this section shall survive the
termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor
prepares reports of a proprietary nature specifically for and in connection with certain projects,
the City shall not, except with Contractor's prior written consent, use the same for other
unrelated projects.
12. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Contractor 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 Contractor's records regarding the services
provided under this Agreement. Contractor shall maintain all such records for a period of at
least three (3) years after termination or completion of this Agreement. Contractor 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. Contractor 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
Contractor under this Agreement, or which would conflict in any manner with the performance
of its services hereunder. Contractor further covenants that, in performance of this Agreement,
no person having any such interest shall be employed by it. Furthermore, Contractor shall
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avoid the appearance of having any interest which would conflict in any manner with the
performance of its services pursuant to this Agreement.
B. Contractor 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. Contractor's covenant under this section shall survive the
termination of this Agreement.
14. Termination. The City may terminate this Agreement with or without cause
upon fifteen (15) days' written notice to Contractor. 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 mailing of the notice. In the event of such termination, City
agrees to pay Contractor for services satisfactorily rendered prior to the effective date of
termination. Immediately upon receiving written notice of termination, Contractor 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. Contractor represents that it has, or will secure at its own expense,
all personnel required to perform the services under this Agreement. All of the services
required under this Agreement will be performed by Contractor or under it supervision, and all
personnel engaged in the work shall be qualified to perform such services. Contractor
reserves the right to determine the assignment of its own employees to the performance of
Contractor's services under this Agreement, but City reserves the right, for good cause, to
require Contractor to exclude any employee from performing services on City's premises.
16. Prevailing Wage. Notice is hereby given that in accordance with the provisions
of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is
required to pay not less than the general prevailing rate of per diem wages for work of a similar
character in the locality in which the public works is performed, and not less than the general
prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of
the Department of Industrial Relations of the State of California is required to and has
determined such general prevailing rates of per diem wages. Copies of such prevailing rates
of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810
Copley Drive, Diamond Bar, California, and are available to any interested party on request.
City also shall cause a copy of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars
($25.00) for each laborer, workman or mechanic employed for each calendar day or portion
thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of
wages hereinbefore stipulated for any work done under this Agreement, by him or by any
subcontractor under him.
The CONTRACTOR and any of its subcontractors must be registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes
the award of a contract for a public work on any public works project awarded after April 1,
2015. This Agreement is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
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17. Non-Discrimination and Equal Employment Opportunity.
A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement, and will
comply with all rules and regulations of City relating thereto. Such nondiscrimination shall
include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of Contractor 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. Contractor 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.
18. Time Is of the Essence. Time is of the essence in this Agreement. Contractor
shall do all things necessary and incidental to the prosecution of Contractor's work.
19 Delays and Extensions of Time. Contractor's sole remedy for delays outside
its control shall be an extension of time. No matter what the cause of the delay, Contractor
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 Contractor’s control. If Contractor 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 Contractor be entitled to any claim for lost
profits due to any delay, whether caused by the City or due to some other cause.
20. Assignment. Contractor shall not assign or transfer any interest in this
Agreement nor the performance of any of Contractor's obligations hereunder, without the prior
written consent of City, and any attempt by Contractor to so assign this Agreement or any
rights, duties, or obligations arising hereunder shall be void and of no effect.
21. Compliance with Laws. Contractor shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
22. 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 Contractor 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 Contractor, 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.
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23. 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 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.
24. 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.
“CONTRACTOR” “CITY”
MCE Corporation City of Diamond Bar
6805-B Sierra Court 21810 Copley Drive
Dublin, CA 94568 Diamond Bar, CA 91765-4178
Attn.: Jeff Core Attn.: Anthony Jordan
Phone: 925.803.4111 Phone: 909.839.7063
E-Mail: jcore@mce-corp.com E-mail: ajordan@diamondbaeca.gov
25. Governing Law. This Agreement shall be interpreted, construed and enforced
in accordance with the laws of the State of California.
26. 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.
27. Entire Agreement. This Agreement, and any other documents incorporated
herein by reference, represent the entire and integrated agreement between Contractor 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.
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*NOTE: If Contractor 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.
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Request for Proposals
Landscape Maintenance Services for Lighting and
Landscape Maintenance Districts 38, 39 and 41
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
Submitted By: MCE Corporation
6805B Sierra Court
Dublin, California 94568
Due: Thursday, February 13, 2020
By 5:00 PM via Planet Bids
Original
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B. Statement of Qualifications
1. CSLB License # 439295, issued 5/6/1983, expiration 5/31/2021. Classifications: A, B, C-
8, C-12 and C-27.
2. The key personnel assigned to this project will be as follows:
• Steve Loweree, Senior Vice President – Maintenance
• Emmanuel Pavloudakis, Area Manager – Southern California
• Oscar Rubio, Site Supervisor- Diamond Bar
• Edward Murdock – Quality Assurance/PCA/Certified Arborist
Brief summary of the qualifications and experience of each team member assigned
and include length of service with firm and resume
Steve Loweree, Sr. Vice-President - Maintenance Division - 34 Year Employee
Vice President-Maintenance Division- MCE:
Mr. Loweree has been providing overall supervision of all maintenance management
contracts and the division since 1996. Duties include meeting with clients to review work
programs, budgets and schedules of work. In this capacity he has developed bid
specifications, bid various subcontract services, hired dedicated in-house staff,
developed annual work programs and budgets, worked with City staff to develop system
protocols for service requests, emergency call out procedures, and emergency response
manuals, in addition to, performing various other start up activities.
Maintenance Superintendent - MCE:
Assigned for nine years to this position in the City of Dublin. Developed and implemented
work programs and budgets for two new departments (Park and Buildings), as well as an
existing department (Streets). Supervised the work performed by in-house crews, as well
as all subcontract work and the negotiation of subcontract prices and specifications.
Landscape Foreman-MCE:
Landscape Foreman for municipal landscape planting and irrigation projects for two
years.
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Landscape Foreman-Philips Landscaping: Seven years with Phillips Landscaping in
Hudson, Ohio, after starting as a laborer. Responsible for both construction and
maintenance accounts, including crew supervision, scheduling and customer service.
Manny Pavloudakis, Area/Project Manager- 6 Year Employee
Project Role: Mr. Pavloudakis will be the Project Manager for the City of Diamond Bar
Education: B.S- Agronomy- Cornell University-2000
Turfgrass Management Short Course-Cornell University-2001
Turfgrass Management Short Course-Rutgers University- 2002
Certifications: Work Zone and Traffic Control Safety- The Safety Center
California QAL (Qualified Applicators License) #131039
New York Class A Pesticide License
Member PAPA (Pesticide Applicators Professional Association)
Specific Experience:
2018 -2020 Area Manager-Southern California - MCE :
Mr. Pavloudakis provides oversight of all MCE Southern California municipal projects.
He is responsible for employee hiring, terminations, training and supervision and
assistance to project supervisors. Assists supervisors in material purchasing and
quality control.
2014-2017 Supervisor-City of Pomona - MCE:
Mr. Pavloudakis previously served as the on-site daily supervision of MCE’s City of
Pomona project which includes parks and landscape maintenance for the entire city
system. His responsibilities included direct supervision of a staff of 20 and all tasks
associated with the project of 130 acres. These tasks include overseeing turf mowing,
turf renovation, all irrigation, ballfield maintenance, restroom maintenance, chemical
and pesticide applications, trash and litter removal, open space maintenance, shrub
and groundcover pruning, all other associated tasks and meeting with City personnel,
developing schedules and meeting with council members on project sites.
2012 – 2014 – Champions Club Greenway Golf Course, Corona CA:
Superintendent for crew of 14 groundskeepers. Responsible for planning and
schedule of crew activities, turfgrass management of 30 plus acres of Santa Ana
Bermuda, managed renovation of drainage projects and new pump system and
oversight of overseeding, fertilization, chemical and irrigation programs and repairs.
2011 – 2012 – Unlimited Landscaping, Riverside, CA:
Foreman. Responsible for planning, schedule and training of maintenance crews for
acommercial landscaper performing work for hotels, apartment complexes and HOA’s
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2007 – 2011 – La Quinta Resort/PGA, Corona CA:
Assistant Superintendent for crew of 22 groundskeepers. Responsible for planning
and schedule of crew activities oversight of overseeding, fertilization, chemical and
irrigation programs and repairs. Managed installation upgrade to Rainbird wireless
centralized irrigation system, new pump station, VFD drives (wells) and fertigation
system.
Oscar Rubio, Supervisor - 3 Year Employee
Project Role: Mr. Rubio will be the Supervisor for the City of Diamond Bar
Education: Guadalajara, Mexico Certificate of Completion
Certifications: Work Zone and Traffic Control Safety- The Safety Center
Irrigation Tech
CA Recycled Water Certification
CA Smart Line Timers Certification
Specific Experience:
2017-2020 Project Supervisor-Southern California - MCE:
Mr. Rubio provides on-site supervision for MCE’s City of Diamond Bar landscape
project. This project maintains the medians, slopes and neighborhood parks of
Diamond Bar. He supervises an inhouse crew and delegates them where/what to work
on. Many of his tasks include herbicide applications, turf mowing, shrub and
groundcover pruning, trash and litter pick up, and weed abatement. Mr. Rubio attends
weekly meetings with City personnel and creates schedules for them to review.
2014-2017 Supervisor/Area Manager-City of Claremont – CLS Landscaping:
Mr. Rubio provided on-site supervision for CLS’s City of Claremont landscape project.
He managed multiple crews that totaled in 28 employees. The project for the City of
Claremont required for Mr. Rubio to perform the following tasks: scheduling, herbicide
application, turf mowing, turf renovation, trash and litter pick, trail maintenance, shrub
and groundcover pruning and respond to call outs per the city’s request.
2002 – 2014 Irrigation Tech/Assistant Supervisor- CLS Landscaping:
Mr. Rubio worked as an irrigation tech and assistant supervisor for CLS’s City of Chino
project. In this project, Oscar helped manage 11 employees. His responsibilities
included fixing/replacing main lines, install new irrigation systems, scheduling, wire
tracking, planted various trees/plants and repaired any irrigation problem for the city.
1999 – 2002 Foreman-City of Chino-CLS Landscaping:
Mr. Rubio was the on-site foreman for CLS’s City of Chino project. He was responsible
for a six-man crew that was responsible for: truf mowing, shrub and groundcover
pruning, litter and debris pickup, scheduling, and daily site inspections.
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Ed Murdock, Quality Assurance/PCA/Certified Arborist- 14 Year Employee
Certifications: Pest Control Advisors License- No. 73962, QAC- No.
121774, QAL- No. 124447 and ISA Certified Arborist- WE1913A
Quality Assurance Inspector – MCE:
Since 2012, Mr. Murdock’s primary functions with MCE has been as a quality
assurance inspector for MCE’s contract with the City of Fremont in which he provides
inspections of the city’s maintenance contractor. In addition to these duties, he
provides safety inspections and compliance monitoring, arborist and pest control
advisor services and training of MCE employees engaged in chemical applications.
Maintenance Superintendent – MCE:
From 2006 to 2011, Mr. Murdock was Maintenance Superintendent in cities such as
Brentwood, Lafayette and Dublin. He served a variety of capacities in these cities
similar to his previous duties with the City of Livermore and LARPD.
Maintenance Supervisor – City of Livermore:
From 1990 to 2005, Mr. Murdock was with the City in a variety of capacities. He retired
in 2005 as the Maintenance Supervisor. Mr. Murdock was responsible for the daily
supervision of all crews performing landscape maintenance in addition to managing
contract services.
Senior Supervisor – Livermore Area Park & Recreation District (LARPD):
From 1981 to 1990 Mr. Murdock was with LARPD in a variety of capacities. Mr.
Murdock was responsible for the daily supervision of all crews performing landscape
maintenance in addition to managing contract services, fleet management and
building maintenance.
3. ED Murdock is the PCA as shown in #2 above. Manny Pavloudakis is he QAC as shown
in # 2 above. Oscar Rubio is the primary irrigation technician with support from Carlos
Becerra (irrigation technician in Claremont) for 3 days per week during months of May –
September.
4. MCE has been providing public works maintenance, which includes a wide variety of
landscape maintenance responsibilities, to cities in California for 37 years. We have a
long and successful track record of delivering high quality landscape maintenance in
several communities. The cities we currently provide some level of landscape
maintenance services includes Diamond Bar, Dublin, Pomona, Claremont, Jurupa Valley,
Orinda, Atherton, Citrus Heights, Tracy and Rancho Cordova. Amongst our current
contracts the systems that most closely resemble Diamond Bar are Pomona, Dublin,
Claremont and Tracy.
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In Dublin, Pomona, and Tracy whose systems include 158,130 and 145 acres of parks
and medians, respectively, we provide the common tasks of turf, bedding, edging, pruning
and irrigation. Beyond the common tasks we also provide annual color and excess debris
and trash removal. The size, full service nature and daily requirements of these projects
present scheduling challenges that we have had to overcome. We have had similar
similar challenges in Diamond Bar, but we continue to overcome them month over month.
Our past experience helps us come up with the best possible solution that will ensure all
contract obligations are met satisfactorily.
In addition to our extensive general landscape maintenance experience, we believe our
experience partnering with the City of Diamond Bar since 2000 will aid our efforts in
continuing to take on the additional duties. We have experienced staff already assigned
to the City and a solid working relationship with City Staff. Both of those things will aid us
greatly in continuing to advance the landscape maintenance in Diamond Bar.
5. We have no previous project disqualifications or litigation.
6. MCE’s policy to ensure proper compliance and quality assurance relies on several
factors. First and foremost is the proper training of all crewmembers to fully understand
the required specifications and intended outcomes. This is done through training of task
specific responsibilities, visual and written performance standards, follow up inspections
of work by supervisory personnel and daily communications of crews of issues at each
location. These inspections by crews are forwarded to the City weekly so City staff can
be assured we are seeing issues in the field and have a plan in place to deal with those
issues.
Our QA Program is based upon a cooperative effort by all parties to ensure delivery of
outstanding services. The team approach includes City Staff, MCE Project Team, and all
MCE employees engaged in the performance of the contract.
MCE has in place already an on-site Field Supervisor with the qualifications and related
experience required to successfully run the day to day effort, while administering an
effective QA program. A large part of the Field Supervisor’s duties will entail reviewing
work performance and finding and resolving deficiencies before they are identified by City
Staff. They will utilize our QA program to aid in this effort.
In addition, the MCE Project Manager will periodically perform an on-site review of the
quality of work being performed. The process will provide a second set of eyes to validate
the effectiveness of our on-site QA Program.
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8. Safety is a high priority at MCE Corporation. All of our employees go through a rigorous
safety training program at the beginning of their employment and receive certification
training prior to use of tools or performance of tasks. Our crew leaders complete site
specific pre-task hazard analysis and communicate those hazards to the crew members.
We also hold weekly safety meetings, covering seasonal topics and make sure to address
every tool or task on at least an annual basis.
Various people within the firm ensure safety standards are being upheld through
scheduled and un-scheduled field safety inspections. Company-wide, MCE’s goal is to
perform four safety inspections every week. When discrepancies are identified during an
inspection, they are noted and corrected. Depending on the severity of the
discrepancy disciplinary action may follow, as well as the crew leader attending the next
monthly safety committee meeting in order to more completely discuss the issue.
While on-site, all of our crew will be equipped with proper personal protective equipment
(PPE’s) that will protect them from being injured. We have included a copy of a pre task
hazard analysis for your review. This one is for shrub pruning and is filled out before work
begins. It is a checklist so it takes just a few moments but it reminds crew of dangers and
hazards so crew works safely.
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Date: Location of work: Date:Date: Location of work: Date:Date: Location of work: Date:Instruction: Complete this form daily, check all boxes that apply.TaskPinch points Sun burn Drinking water First aid kit Loppers/prunersSpecific OperationSlips, trips & falls Reclaimed water Hard hat OSHA required training Shovel / rake / broom ChainsawProper liftingHand saw BlowerHeat stressHedge trimmer General hand toolsSlopes and or ditches. Bee's/dogs/snakes/other Proper work boots Proper clothingPhysical Job SiteHazardous plants Park Use two people Rain gearConditionsUnfamiliar, hidden hazard Street Job site inspection Heat illness trainingWeather conditions Building Pre-task hazard sheetBio-hazard Bio-Hazard container Hearing protectionPersonal ProtectiveMajor Cuts (loss of fingers) Gloves-rubber/leather etc. Rain gearEquipment (PPE's)Personal injuries Safety vest proper class Proper footwearStrains Safety glasses ChapsPersonal injuries Noise Proper traffic control MUTCD trainingTraffic ControlVehicle traffic accidents Vehicle warning lights BarricadesBicycle traffic Advanced warning signs Sign boardPedestrian injuries Reflective conesVehicle damage Property damage Safe parking areas Defensive driving Pickup/TrailerVehicle & EquipmentPersonal injury Use a spotter Clean/adjust mirrorsOperationTowing equipment/trailer Vehicle safety inspection Fire extinguisherPlace reflective conesPrint name and SignName:Sign:Name:Sign:Name:Sign:Name:Sign:Date:(End of week)Pre-task review has been completed and each employee is taking the responsibility to ensure that all required training for this work activity is current, and that they are competent and qualified on allrequired tools/equipment.Sign: Name:Sign: Name:Sign: Name:Sign: Name:Superintendent/Supervisor Signature:5. Have each worker review the work area and assist with completing this form. Have them print and sign. 6. Submit a copy of this completed form to your supervisor weekly.Note: Work shall stop if conditions change, job scope changes or a deficiency in the plan is noted. If an injury occurs respond as appropriate then contact the Safety Director or main office.Potential Hazard Controls Required/Needed Tools & Equipment RequiredLocation of work:1. List the date and location of the work to be preformed. 2. Walk through the work area and list potential hazards. Write additional hazards as needed.3. List controls or safety plan to mitigate those hazards. Write additional controls as needed. 4. List required tools to perform the job safely.Location of work:MCE Maint. Division Pre-task Hazard Analysis Worksheet Maintenance OperationsJob #: Task: Prune ShrubsLocation of work:28 of 1174.21.aPacket Pg. 515
9. We have included our Cal/OSHA 2016 summary of work related injuries and illnesses.
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BARRETT BUSINESS SERVICES, INC.
LCF MCE CORPORATION
MCE CORPORATION
8100 NE PARKWAY DRIVE STE. 200
VANCOUVER WA 98662
0042 LANDSCAPE GARDENING
5201 CONCRETE/CEMENT WORK-SIDEWALKS-LOW WAGE
5205 CONCRETE/CEMENT WORK-SIDEWALKS-HIGH WAGE
5506 STREET/ROAD CONSTRUCTION-PAVING
8227 CONSTRUCTION/ERECTION PERMANENT YARDS
#5507 STREET/ROAD CONSTRUCTION-GRADING
8742 SALESPERSONS-OUTSIDE
8810 CLERICAL OFFICE EMPLOYEES
Bureau Number 9-51-20-78-R Page 1 of 2
Effective Date 12/01/2019
Issue Date 08/02/2019
Experience Modification 75%
Insurer ACE AMERICAN INSURANCE COMPANY
Insurer Group ACE LIMITED
Policy Number C65213527
Issuing Office PHILADELPHIA #1
Experience Period 03/01/2015 to 03/01/2018
Summary of Payroll and Expected Losses Summary of Claims and Actual Losses Primary Threshold: 36,000
Class
Code Payroll
Expected
Loss Rate
per $100 payroll
Expected
Losses
D-
Ratio
Expected
Primary
Losses
Expected
Excess
Losses
Claim Number Injury
Type
Open /
Closed
Actual
Losses
Actual
Primary
Losses
Insurer: 103 Policy Period : 12/01/2017 to 12/01/2018
0042 3,480,806 2.97 103,380 0.599 61,925 41,455
5183 50 2.74 1 0.529 1 0
5187 22,605 1.27 287 0.478 137 150
5201 658,021 3.68 24,215 0.539 13,052 11,163
5205 896,880 2.04 18,296 0.446 8,160 10,136
5432 21,282 2.15 458 0.457 209 249
5474 300 3.93 12 0.513 6 6
5482 54,883 1.63 895 0.475 425 470
5506 1,207,924 2.36 28,507 0.444 12,657 15,850
8227 215,640 2.19 4,723 0.493 2,328 2,395
8742 1,063,541 0.16 1,702 0.571 972 730
8810 801,640 0.13 1,042 0.616 642 400
9015 143,482 2.24 3,214 0.545 1,752 1,462
8I0017909 06 Closed 729 479
8I0017938 05 Open 40,702 35,750
8I0020572 06 Closed 1,448 1,198
8I0021472 04 Closed 43,584 35,750
8I0022345 06 Closed 1,261 1,011
Totals 8,567,054 186,732 102,266 84,466 Totals 5 87,724 74,188
Insurer: 103 Policy Period : 12/01/2016 to 12/01/2017
0042 2,720,386 2.97 80,795 0.599 48,396 32,399
5183 44 2.74 1 0.529 1 0
5187 17,029 1.27 216 0.478 103 113
5201 523,291 3.68 19,257 0.539 10,380 8,877
5205 721,620 2.04 14,721 0.446 6,566 8,155
5432 19,684 2.15 423 0.457 193 230
5474 287 3.93 11 0.513 6 5
5482 38,193 1.63 623 0.475 296 327
5506 1,222,370 2.36 28,848 0.444 12,809 16,039
8227 199,105 2.19 4,360 0.493 2,149 2,211
8742 955,619 0.16 1,529 0.571 873 656
8810 730,980 0.13 950 0.616 585 365
8I0011279 05 Closed 3,628 3,378
8I0011330 05 Closed 21,578 21,328
8I0011755 06 Closed 1,257 1,007
8I0011867 06 Closed 324 74
8I0014917 06 Closed 312 62
8I0015422 06 Closed 410 160
Totals 7,148,608 151,734 82,357 69,377 Totals 6 27,509 26,009
Insurer: 103 Policy Period : 12/01/2015 to 12/01/2016
0042 2,199,782 2.97 65,334 0.599 39,135 26,199
5140 325 0.86 3 0.464 1 2
5187 22,760 1.27 289 0.478 138 151
5201 538,931 3.68 19,833 0.539 10,690 9,143
5205 937,177 2.04 19,118 0.446 8,527 10,591
5432 32,581 2.15 700 0.457 320 380
5482 39,846 1.63 649 0.475 308 341
5506 1,401,970 2.36 33,086 0.444 14,690 18,396
8227 183,814 2.19 4,026 0.493 1,985 2,041
8742 802,704 0.16 1,284 0.571 733 551
8810 672,063 0.13 874 0.616 538 336
8I0006943 06 Closed 642 392
8I0008600 06 Closed 2,678 2,428
8I0009145 06 Closed 482 232
8I0010091 05 Open 142,742 35,750
8I0010155 06 Closed 334 84
8I0010336 06 Closed 561 311
8I0010345 06 Closed 561 311
(S) Subrogation; (J) Joint Claim; (P) Partially Fraudulent, if any
CN#RS038729 Workers’ Compensation Insurance Rating Bureau of California®08/01/2019
* Not Physically Inspected;# If Any; F = Federal
Workers' Compensation Experience Rating Form
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BARRETT BUSINESS SERVICES, INC.
Bureau Number 9-51-20-78-R Page 2 of 2
Effective Date 12/01/2019
Issue Date 08/02/2019
Experience Modification 75%
Insurer ACE AMERICAN INSURANCE COMPANY
Insurer Group ACE LIMITED
Policy Number C65213527
Issuing Office PHILADELPHIA #1
Experience Period 03/01/2015 to 03/01/2018
Summary of Payroll and Expected Losses Summary of Claims and Actual Losses Primary Threshold: 36,000
Class
Code Payroll
Expected
Loss Rate
per $100 payroll
Expected
Losses
D-
Ratio
Expected
Primary
Losses
Expected
Excess
Losses
Claim Number Injury
Type
Open /
Closed
Actual
Losses
Actual
Primary
Losses
Totals 6,831,953 145,196 77,065 68,131 Totals 7 148,000 39,508
Actual Primary
Losses
Expected Excess
Losses
Expected
Losses
[A 139,705 +B 221,974 ]/C 483,662 =75%Experience Modification
Loss-Free Rating: 46%
(S) Subrogation; (J) Joint Claim; (P) Partially Fraudulent, if any
CN#RS038729 Workers’ Compensation Insurance Rating Bureau of California®08/01/2019
* Not Physically Inspected;# If Any; F = Federal
Expected
Losses
Expected
Primary
Losses
Expected
Excess
Losses
Number of
Claims
Actual
Losses
Actual
Primary
Losses
Experience Period Totals C 483,662 261,688 B 221,974 18 263,233 A 139,705
Workers' Compensation Experience Rating Form
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Calculation of Your Experience Modification
This Experience Rating Form provides detailed information about the
calculation of your experience modification. Experience rating is a
state-mandated merit rating program established in the California
Insurance Code. The specific rules and guidelines are contained in
the California Workers’ Compensation Experience Rating Plan—1995
(Experience Rating Plan). The primary purpose of experience rating is
to reduce workplace injuries by providing a direct financial incentive
for workplace safety. To accomplish this goal, the experience rating
system compares an employer’s history of claims against others in its
industry that are of similar size. This comparison based on an
employer’s own claim history is used in determining the premium the
employer pays.
Experience rating uses past experience to forecast future losses. An
increase in an experience modification is not intended to collect
additional premium to recoup the cost of claims that were filed in past
years. Rather, it uses an individual employer’s loss history as a
predictor of what might be expected in the future. An employer that is
experience rated will have an experience modification, which is
expressed as a percentage on the bottom of this Experience Rating
Form. An experience modification below 100% reflects better than the
industry average claim history while an experience modification over
100% reflects worse than the industry average claim history. Insurers
must apply the issued experience modification in their premium
computation, but can also apply other debits and credits to determine
the final premium to be charged.
Data Used for Experience Rating and the Experience Period
With few exceptions, the payrolls and losses arising from all policies
incepting within the experience period as reported by the insurer are
used in the calculation of your experience modification.
The experience period is defined in the Experience Rating Plan as a 3
-year time period that commences 4 years and 9 months prior and
terminates 1 year and 9 months prior to the date for which an
experience modification is to be established. The actual experience
period used to calculate this experience modification is shown in the
heading of the Experience Rating Form.
About the Experience Rating Form
This form shows the payrolls for each applicable classification and the
claims reported by the insurer and used in the experience modification
calculation. This data is reported to the WCIRB in accordance with the
California Workers’ Compensation Uniform Statistical Reporting
Plan—1995 (Reporting Plan).
The Experience Rating Form is divided into four main sections:
Heading, Summary of Payroll and Expected Losses, Summary of
Claims and Actual Losses, and Rating Procedure.
Heading
Your company name, address and other business names that are
included on your insurance policy are captured from the policy
information page. This section also includes the date the experience
modification is effective and the date the Experience Rating Form was
issued to the insurer. If a previously published experience modification
was revised, the rerate number and reason are included in this
section.
Summary of Payroll and Expected Losses
This section reflects the payrolls reported by the insurer for each
applicable classification. The payrolls shown reflect audited payrolls,
which result from the final audits conducted by the insurer. The
expected losses for each classification are derived from the reported
payrolls for that classification and the corresponding expected loss rate
approved by the California Insurance Commissioner. Your expected
excess losses are the portion of the expected losses that is, on average,
above the primary threshold (see Summary of Claims and Actual
Losses) that applies to your business. Your expected losses and
expected excess losses are used to calculate your experience
modification.
Summary of Claims and Actual Losses
This section reflects the losses on claims reported by the insurer for
each policy included in the experience period.
The actual loss shown for each reported claim represents the total
incurred loss value of the claim. This includes the actual loss
amount paid and, for claims that were open when the loss
information was provided, a loss amount reserved by the insurer for
future expected loss payments. (Loss adjustment expenses are not
included.) The loss amounts generally reflect the insurer’s most
recently reported valuation of the incurred loss value as required
pursuant to the Reporting Plan prior to the effective date of the
experience modification.
The actual primary loss shown for each claim is the dollar amount
of the actual loss of each claim that is used in the experience
modification calculation. For most claims, it is the loss amount of
each claim up to your primary threshold less $250. (Your primary
threshold is shown on the top line of this section and is based on
the size of your business as measured by your total expected
losses.) If the actual loss of the claim is $250 or less, it is not used
in the experience modification calculation. Your actual primary
losses are used to calculate your experience modification.
Rating Procedure
This section reflects the calculation of the experience modification.
The rating procedure and the information used in calculating the
experience modification are detailed in the Experience Rating Plan.
Your experience modification is determined as the ratio of the sum
of your actual primary losses and expected excess losses
compared to your expected losses. This section also shows the
loss-free rating which is the experience modification that would
have been calculated if no claims were incurred during the
experience period or if the only claims incurred were for $250 or
less. When there is only a single claim in the experience period in
excess of $250, the experience modification is limited to be no
higher than 25 percentage points above the loss-free rating.
Find Out More
The WCIRB website contains free information for employers
regarding the California workers’ compensation system—including
the Online Guide to Workers’ Compensation, Frequently Asked
Questions, and Education on Demand online learning modules. See
the Employer/Policyholder section on www.wcirb.com.
About the WCIRB
The Workers’ Compensation Insurance Rating Bureau of California
is a licensed rating organization and is the California Insurance
Commissioner’s designated statistical agent. To accurately
measure the cost of providing workers’ compensation benefits, the
WCIRB performs a number of functions, including collection of
coverage and loss data on every workers’ compensation insurance
policy, inspections of insured businesses, and test audits of insurer
policy audits.
The WCIRB also provides free educational information to
employers, agents and brokers, and insurers regarding the
California workers’ compensation insurance market. The WCIRB is
a private, nonprofit association of licensed workers’ compensation
insurers. No state money is used to fund WCIRB operations.
Workers’ Compensation Insurance Rating Bureau of California
1221 Broadway, Suite 900
Oakland, CA 94612
888.229.2472
wcirb.com
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10. In lieu of letters of reference, please see our list of references and similar projects below
which has current contact information on each contract.
C. See B4 for description of previous experience. References are listed below.
Contract Agency: City of Diamond Bar
Contract Title: Landscape Maintenance Services
Project Manager: David Liu
Director of Public Works/City Engineer
City of Diamond Bar
21825 East Copley Drive
Diamond Bar, California 91765
909-839-7061
E Mail –David.liu@ci.diamond-bar.ca.us
Contract Period: January 1, 2018- June 2020
Contract Scope: Landscape maintenance of 3 assessment districts that encompass all of the
medians and much of the right of ways.
Contract Amount: FY 19-20 is estimated at $366,000
Contract Agency: City of Pomona
Contract Title: Parks and Landscape Facilities Maintenance
Project Manager: Michael Sledd
Parks and Facilities Manager
City of Pomona
636 W. Monterey Avenue
Pomona, CA 91769
(909) 620-2481
Email – Michael_Sledd@ci.pomona.ca.us
Contract Period: April 2014 to June 2020. Contract is in last extension
Contract Scope: Full service park and landscape maintenance services including all turf,
bedding, irrigation, chemical and mechanical weed control, pruning, sports
field/ lawn bowling maintenance and renovation, restrooms, opening gates
and restrooms, litter control, pest control, event assistance and all other
maintenance associated with these facilities.
Contract Amount FY 19-20 is estimated at $1,250,000
Contract Agency: City of Dublin
Contract Title: Public Works Municipal Services
Project Manager: Andrew Russell
Public Works Director
City of Dublin
100 Civic Plaza, Dublin, CA 94568
(925) 833-6630
Email ~ Andrew.Russell@dublin.ca.gov
Contract Period: 1984 to Present. These have been a series of 3-year contracts since 1984. In
2012, MCE was awarded a 5-year contract. In 2017, MCE was awarded a 5-
year contract.
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Contract Scope: Full service Public Works maintenance including parks, streets, landscape,
buildings, drainage maintenance and special events including the annual St.
Patrick’s Day parade and festival.
Contract Amount: FY 19-20 is estimated at $5,500,000
Contract Agency: City of Claremont
Contract Title: Citywide Right of Way Maintenance Program
Project Manager: Richard Hecker
Public Works Superintendent
City of Claremont
1616 Monte Vista avenue
Claremont, California
(909)-821-1791
Email ~ rhecker@ci.claremont.ca.us
Contract Period: May 2017-June 2020 with 1, 2-year option remaining
Contract Scope: Right of way and landscape maintenance of medians, parkways and right of
way areas
Contract Amount: FY 19-20 is estimated at $375,000
Contract Agency: Town of Atherton
Contract Title: Maintenance Management Services
Project Manager: Robert Ovadia
Public Works Director
Town of Atherton
91 Ashfield Road
Atherton, California
(650)-752-0541
Email ~ rovadia@ci.atherton.ca.us
Contract Period: September 2011 through June 2021
Contract Scope: Full service Public Works Maintenance including parks, streets, landscape,
buildings, drainage maintenance and special events.
Contract Amount: FY 19-20 is estimated at $600,000
Contract Agency: City of Orinda
Contract Title: Park, Street Median/ROW & Facilities Landscape Maintenance
Project Manager: Todd Trimble
Parks and Recreation Director
City of Orinda
28 Orinda Way
Orinda, CA 94563
(925)253-4202
Email ~ ttrimble@cityoforinda.org
Contract Period: October 2015 to November 2020.
Contract Scope: Full-service landscape maintenance services including all routine tasks such
as general repairs and maintenance and other associated tasks
Contract Amount: FY 19-20 is estimated at $300,000
Contract Agency: City of Tracy
Contract Title: Professional Services Agreement-Landscape Services
Project Manager: Don Scholl
Public Works Director
City of Tracy
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520 Tracy Blvd
Tracy, CA 95376
(209) 831-6360
Email ~ Don.Scholl@cityoftracy.org
Contract Period: January 2018- December 2023
Contract Scope: Full-service landscape maintenance services of assessment district parks and
landscapes including all routine tasks such as general repairs and
maintenance and other associated tasks
Contract Amount: FY 19-20 is estimated at $600,000
D. Detailed Work Plan
The proposed services follow the descriptions as indicated by the City of Diamond Bar in
the RFP. These services include:
Turf Care
• Mowing: All turf will be mowed weekly except during rainy season (bi-weekly).All area
will be edged and blown off. Additionally, crew will pick up any litter and look for any
hazards or undesired conditions and report those to our Supervisor.
• Fertilization: Turf will be fertilized as needed to maintain deep green color per
specification. These will be reviewed with City prior to applications to achieve the best
results.
• Weed Control: One of the fertilizations will be combined with a pre-emergent weed
control. Additional post emergent applications will be used as needed.
• Overseed; All turf areas to be overseeded at the appropriate time to enhance turf
areas with a Rye and Bermuda mixes depending upon site and turf type and at city
direction.
• Aeration: All turf will be aerated 4 times annually.
• Insect & Disease: Will be addresses on a per occurrence basis via appropriate means
Irrigation
• Programming: While there is planned programming each month, MCE recognizes that
program could occur more frequently depending upon climatic conditions, local ET
and other factors.
• Inspection/Head Repair: MCE will inspect weekly after each site is mowed. At that
time, necessary adjustments will be made to heads and any needed repairs on other
system features will be made. City will be advised on all inspection results and ensuing
repairs
• Backflow Testing; MCE will test backflows per established schedule.
Pest Control
• Gophers and other rodents will be treated as needed with bait through a cyclical visit
to each site. If needed, MCE will treat with a PERC (Carbon Monoxide) unit.
Additionally, mow crew and other crews will have baiting capability to spot treat holes.
Other pests will be treated as needed. Care will be taken to utilize cultural control
methods before use of pesticides.
Bedding/Brushed/Natural & Slope Areas
• Weed Control: Weeds will be controlled through a multifaceted approach. This will
involve pre-emergent and post emergent weed control as well as manual control.
Areas will have pre-emergent applied once per year. Twice if needed. A routine and
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cyclically routed post emergent program will follow on a bi-weekly – monthly
frequency. The standard will be no noticeable weeds.
• Shrub Pruning: Shrubs will be pruned in a manner which promotes healthy growth.
The timing will be such as to not disrupt bud production or affect flowering cycles (as
much as possible).
• Groundcover Pruning: Groundcovers will be pruned up to 2 times per year in a manner
which promotes healthy growth. Timing will be such as to minimize removal of active
flowers.
• Fertilizing: Shrubs and groundcovers will be fertilized 2 times per year with a 15-15-
15.
• Slope Cutting: As needed to meet LA County Fire specifications and City of Diamond
Bar expectations.
• Brushed Areas/Manufactured Slopes: Will be maintained in accordance with the
specification and irrigated as required
• Trees- Skirting and stake adjustments and removals will be done as required. 23 Olive
Trees will be addressed per the specifications
Playgrounds
• All playgrounds will be examined, cleaned and raked on a daily basis. Any issues will
be reported immediately to City.
• Sand playgrounds will be rototilled By the 10th of each month. Care will be taken to do
this work so as not to disrupt use.
• Wood Chip/Engineered Wood Fiber Surfaces will be inspected daily and raked as
needed to maintain fall zone depth
Misc. Site:
• Litter: All receptacles and sites will be serviced each day.
• DG- Any washouts or depressions will be dealt with upon discovery and as soon as
material can be secured. DG will be viewed every day.
• V-Ditch maintenance and cleaning will occur during the appropriate time of year to
allow for an efficient drainage infrastructure
• Trails will be inspected on a regular basis. Litter and washouts will be addressed as
well as inspection of ancillary features mentioned in the specifications
Personnel Assigned to the City of Diamond Bar Revisit and revise
MCE personnel are unique to the maintenance industry. All MCE employees are owners of
the company through an ESOP (Employee Stock Ownership Plan). This, coupled with our
extensive experience in providing municipal maintenance of all types, gives MCE the
opportunity to hire and retain experienced professionals from both the private and public
sector. Because our employees have a real and vested interest in the company, they are
more customer focused and result oriented.
MCE currently has a crew in place in Diamond Bar. We expect to retain the entire crew if
awarded the project. MCE would have 5 FTE’s in place for this contract, supported by other
personnel if required. The key Individuals would be:
• Oscar Rubio- Supervisor
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• Calixto Becerra- Irrigation Technician support
• Cesario Martinez- Crew Leader
All prospective MCE employees must pass a physical, drug screen and background check
before employment with MCE. All MCE employees receive extensive training including
annual traffic control certification, OSHA 10 hour and task specific training.
Vehicles and Equipment
To accomplish the scope of work, MCE will have the following in place.
• 1 Utility Truck/Spray Rig
• 1 Flatbed
• 1 Pickup
• 1 60” rotary mower
• 1-36” rotary mower
• 1-21” rotary mower
• 1 trailer
• Trailer leaf vacuum unit
• Multiple trimmers, weed eaters, hedge trimmers, blowers and hand tools
• 1 PERC machine- Gopher abatement- Shared
• On site Cheetah (smaller handheld version of PERC machine)
• Rental Equipment such as aerator, top dresser, verticutter, etc. are provided through
Eberhard equipment. MCE utilizes them frequently and we can get replace equipment,
often on the same day, if needed.
• Other equipment as required through additional sources known to MCE Corporation
in the L.A. County area
Schedules
On the following page is the current monthly schedule for weeks 1-4 in place in Diamond
Bar. This schedule has brought order and a planned approach to each area yet is often
evolving to address changing needs
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Diamond Bar Landscape Week 1#Crew MembersPos Vehicle Monday Tuesday Wednesday Thursday Friday Saturday SundayOscarFormanPick Up *Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection *Replace Trash Bags *Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection*Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection *Replace Trash Bags*Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection*Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection *Replace Trash BagsLitter, District 39 and ParksLitter, District 39 and Parks1Pedro Jesus CesarioCrewFlat Bed Dump* Temple Ave ROW S/W Corner and DBB * DBB from Temple ave to Sunset Crossing *Sunset Crossing* DBB From Sunset Crossing to Goldrush*DBB From Goldrush to Grand Ave*DBB from Grand Ave to Maple Hill Road*Mow Sunset Crossing, Golden Springs Medians, Lemon Ave *Mow SummitRidge, Stardust, Longview N,Silvertip,Longview S Parks *Mow District 41 Turf *Mow Summit Ridge and Grand Ave Corners *Mow DBB and Gold Rush Corners2Calixto/ Oscar IrrigationVanPark Service. Trails liter and debris. Follow Crew and Inspect irrigation Friday's SchedulePark Service. Follow Crew and Inspect irrigation Monday's SchedulePark Service. Follow Crew and Inspect irrigation Tuesday's SchedulePark Service. Follow Crew and Inspect irrigation Wednesday's SchedulePark Service. Trails litter and debris. Follow Crew and Inspect irrigation Thursday's Schedule3Pending Work40 of 1174.21.aPacket Pg. 527
Diamond Bar Landscape Week 2#Crew MembersPos Vehicle Monday Tuesday Wednesday Thursday Friday Saturday SundayOscarFormanPick Up*Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection *Replace Trash Bags *Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection*Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection *Replace Trash Bags*Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection*Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection *Replace Trash BagsLitter, District 39 and ParksLitter, District 39 and Parks1Pedro Jesus CesarioCrewFlat Bed Dump*DBB From Maple Hill Road to Pathfinder RD*DBB from Pathfinder RD to Brea Canyon * Grand Ave 60 Fwy To DBB*Grand Ave from DBB to Longview *Brea Canyon from Silver Bullet Dr to DBB*Mow Sunset Crossing, Golden Springs Medians, Lemon Ave *Mow SummitRidge, Stardust, Longview N,Silvertip,Longview S Parks *Mow District 41 Turf *Mow Summit Ridge and Grand Ave Corners *Mow DBB and Gold Rush Corners2Calixto/ Oscar IrrigationVanPark Service. Trails litter and debris. Follow Crew and Inspect irrigation Friday's SchedulePark service. Follow Crew and Inspect irrigation Monday's SchedulePark service. Follow Crew and Inspect irrigation Tuesday's SchedulePark service. Follow Crew and Inspect irrigation Wednesday's SchedulePark service. Trails litter and debris. Follow Crew and Inspect irrigation Thursday's Schedule3Pending Work41 of 1174.21.aPacket Pg. 528
Diamond Bar Landscape Week 3#Crew MembersPos Vehicle Monday Tuesday Wednesday Thursday Friday Saturday SundayOscarFormanPick Up*Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection *Replace Trash Bags *Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection*Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection *Replace Trash Bags*Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection*Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection *Replace Trash BagsLitter, District 39, and parksLitter, District 39, and parks1Pedro Jesus CesarioCrewFlat Bed Dump*DBB from Washington to Lycoming *Washington and Brea Canyon N/E Slope and Washington Medians *Brea Canyon South of Golden Springs from Gerndal St. to alley way *Pathfinder and Evergreen Springs*Brea Canyon from Pathfinder to DBB (White Fence) *Pathfinder Isand*Pathfinder Slope *Peaceful Hills West Side slopes*Pathfinder from Peaceful Hills to Canyon Ridge *Canyon Ridge from Pathfinder to Peaceful Hills *Peaceful Hills East side slopes *Pebble Lane Slope/V ditches*Mow Sunset Crossing, Golden Springs Medians, Lemon Ave *Mow SummitRidge, Stardust, Longview N,Silvertip,Longview S Parks *Mow District 41 Turf *Mow Summit Ridge and Grand Ave Corners *Mow DBB and Gold Rush Corners2Calixto/ Oscar IrrigationVanPark service. Trails litter and debris. Follow Crew and Inspect irrigation Friday's SchedulePark service. Follow Crew and Inspect irrigation Monday's SchedulePark service. Follow Crew and Inspect irrigation Tuesday's SchedulePark service. Follow Crew and Inspect irrigation Wednesday's SchedulePark service. Trails litter and debris. Follow Crew and Inspect irrigation Thursday's Schedule3Pending Work42 of 1174.21.aPacket Pg. 529
Diamond Bar Landscape Week 4#Crew MembersPos Vehicle Monday Tuesday Wednesday Thursday Friday Saturday SundayOscarFormanPick Up*Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection *Replace Trash Bags *Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection*Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection *Replace Trash Bags*Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection*Grand Ave Windshield Inspection *Diamond Bar Blvd Windshield inspection *Replace Trash BagsLitter, District 39 and ParksLitter, District 39 and Parks1Pedro Jesus CesarioCrewFlat Bed Dump*Golden Springs and Ballena *Golden Springs and Platina *Golden Springs and Rancheria *Golden Springs and Golden Prados *Rustic Slopes*Rimford Pl *Bramford Ct *Nan Court/Longview * Longview Slopes *Summit Ridge Slopes*Trails*Mow Sunset Crossing, Golden Springs Medians, Lemon Ave *Mow SummitRidge, Stardust, Longview N,Silvertip,Longview S Parks *Mow District 41 Turf *Mow Summit Ridge and Grand Ave Corners *Mow DBB and Gold Rush Corners2Calixto/ Oscar IrrigationVanPark service. Trails litter and debris. Follow Crew and Inspect irrigation Friday's SchedulePark service. Follow Crew and Inspect irrigation Monday's SchedulePark service. Follow Crew and Inspect irrigation Tuesday's SchedulePark service. Follow Crew and Inspect irrigation Wednesday's SchedulePark service. Trails litter and debris. Follow Crew and Inspect irrigation Thursday's Schedule3Pending Work43 of 1174.21.aPacket Pg. 530
E. MCE will comply with the indemnity and insurance requirements as stipulated.
F. MCE will execute the City Contract as stipulated.
G. Green Waste Reporting and Method of Disposal
MCE will diligently track all green waste material removed in a mutually agreed reporting
format. It is our experience this is best done monthly so the information is available quickly
for your annual report.
Debris will be generated from the annual verticutting and the pruning of shrubs and
groundcovers and leaf debris removal Debris will be hauled to a Grand Central green waste
facility that will provide a receipt of quantity. MCE will describe type of debris on the receipt
and then provide a monthly summary of material disposed. This would be an excel
spreadsheet showing each receipt, location of generation, type and quantity. As an
alternative, MCE would like to discuss mutual value to MCE and the City of Diamond Bar in
having a green waste container at Sycamore or another local park. It may save the City some
money.
MCE would rather not take the material to a facility at all. We would be open to trying to divert
as much to a composting operation benefitting local residents and would welcome discussion
with city staff on this.
H. Quality and Cost Control Plan
1. The methodology in which the firm will handle complaints from the public and damage to
public and private property
In the two years that MCE has had this project, complaints have been greatly reduced. MCE
will be proactive and adhere to the schedules and specifications to reduce the opportunity
for complaints. Should a complaint occur, we typically receive them via e mail from Debbie
Gonzalez from the City. Complaint e mails become a high priority and we strive to remedy
them as soon as possible. The Supervisor will communicate status of the complaint to Ms.
Gonzalez until its completion.
If damage occurs, MCE will repair it expeditiously and without complaint if we are the
responsible party. We know that our clients trust we will make things right.
2. Effective means to correct problems
Correction of problems noted by the City Maintenance Superintendent, our Supervisor, crew
members or through the weekly inspection by our Area Manager are handled at the time of
discovery. Problems do occur at times and our philosophy is to discuss these issues with the
entire crew so everyone can be on the same page and reduce the likelihood of reoccurrence.
3. The means the firm will use for completing the project.
MCE will use realistic and accurate schedules to systematically visit all required sites. This
consistent scheduled approach is the only effective way to complete a project. Over time,
issues can be handled with efficiency and timeliness if the schedule is adhered to. Next, we
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rely on a consistent labor force. We don’t experience the typical turnover as with most
companies, in part because we are employee owned. Finally, and it may sound corny, but
we are invested in your city. We have been in Diamond Bar for 20 years. Your city, its
residents and staff matter to us.
I. Corporate and Financial Capability
MCE Corporation is well positioned financially for continuing operations for at least another
37 years. We have had sustained organic growth over the past few years and recorded gross
revenues equal to our peak years prior to the great recession. We have utilized corporate
profits to fund a greater ownership by the MCE ESOP, increasing the employee owners stake
from 33% in 2010 to 87% in 2020. Funding the transition to the ESOP has been all consuming
for our capital and management is excited about the potential uses for the freed up capital
once the transition is complete.
We have a solid corporate structure and have implemented recent changes in order to better
support our growth in regions far removed from our corporate location in Dublin, CA.
Specifically, we have hired regional managers in both the Inland Empire and Sacramento
Valley in order to have a daily managerial presence in those areas. Management meets
routinely and discusses G&A support services in order to best anticipate when more, or less,
is needed.
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INJURY AND ILLNESS PREVENTION
PROGRAM
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Revised 1/2017
OPERATIONS AND SAFETY POLICY
MCE Corporation exists in a dynamic, competitive world where professionalism, skill, and integrity
have proven to be our keys to success in meeting the needs of industry. As a leader in merit-shop
construction, we are cognizant of the necessity to meet the challenge of change in our industry. Our
resources, innovation, and commitment to employee safety are combined to produce a quality
product the first time.
It is the policy of this company that a quality product and employee health and safety are inseparable
for continued success. Affirmative steps are taken to provide employee training, performance, and
follow-up evaluation. The objectives are: (1) to provide a quality product and safe environment for
all employees; (2) provide for the safety of the public in connection with its operations; (3) strive to
achieve zero property and equipment damage or loss.
Each of us is to meet specific levels of performance to achieve stated objectives. In order to
determine the degree of success in meeting those objectives, a system of accountability is used to
measure each individual's performance. Each supervisor is responsible for ensuring compliance with
this manual as well as client safety requirements on job sites. Every employee is also responsible for
ensuring that work practices are in compliance with these policies.
The avoidance of work-related injuries and illness is an inseparable component of quality
performance. MCE Corporation supports this policy with an Injury Prevention Program that
conforms to governmental requirements. Our Corporate Code of Conduct was developed by
supervisors and employees working as a team. Jeff Core, Vice President, has been delegated the
authority and responsibility of implementing and managing the Injury Prevention Program.
The successful implementation of the Injury Prevention Program requires a motivated personal
attitude and cooperation in all safety and health matters company-wide. Our program works
through a team effort, which provides the means to achieve our goals of quality construction with
zero accidents.
Jeff Core
President
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INJURY AND ILLNESS PREVENTION PROGRAM
Every California employer must establish, implement and maintain a written Injury and Illness
Prevention (IIP) Program and a copy must be maintained at each workplace or at a central
worksite if the employer has non-fixed worksites. The requirements for establishing,
implementing and maintaining an effective written injury and illness prevention program are
contained in Title 8 of the California Code of Regulations, Section 3203 (T8 CCR 3203) and
consist of the following eight elements:
Element 1 Responsibility
Element 2 Compliance
Element 3 Communication
Element 4 Hazard Assessment
Element 5 Accident/Exposure Investigation
Element 6 Hazard Correction
Element 7 Training and Instruction
Element 8 Recordkeeping
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Element 1 RESPONSIBILITY
INTRODUCTION
It is the policy of this company that a quality product and employee health and safety are inseparable
for continued success. Affirmative steps are taken to provide employee training, performance, and
follow-up evaluation. The objectives are at minimum, to:
1. Comply with the State of California (or other appropriate jurisdiction) safety, health and
environmental regulations;
2. Provide for the safety of the public in connection with its operations;
3. Provide a safe working environment for all employees and subcontractors;
4. Strive to achieve zero property and equipment damage or loss.
Each employee is to meet specific levels of performance to achieve stated objectives. In order to
determine the degree of success in meeting those objectives, a system of accountability is used to
measure each individual’s performance. Each supervisor is responsible for ensuring compliance with
this IIPP and the attached standard operation procedures.
Every employee is responsible and will be held accountable for ensuring that work practices are in
compliance with these policies.
The avoidance of work-related injuries and illnesses is an inseparable component of quality
performance.
The successful implementation of the IIPP requires a motivated personal attitude and cooperation in
all safety and health matters company-wide. Our program works through a team effort, which
provides the means to achieve our goals of quality construction with zero accidents.
RESPONSIBILITY
The IIPP administrator, Larry Markham, has the authority and responsibility for implementing the
provisions of this program for MCE Corporation. Jeff Core will be appointed the administrator in the
absence of Larry Markham.
All managers, supervisors, superintendents, general foremen and foremen are responsible for
implementing and maintaining the IIPP in their work areas and for answering employee questions
regarding the IIPP. Every manager, supervisor, superintendent, general foreman and foreman will
have a copy of this IIPP in their possession or on the worksite, readily available.
MCE Corporation has an executive safety committee, primarily responsible for policy decisions
regarding the safety, health and environmental program and meets quarterly. The committee
consists of the following personnel:
Jeff Core ....................................................................... President
Steve Loweree ...................................................... Vice President
Katrina Wallar…….......................Director of Human Resources
Karen Briones .................................................... Safety Manager
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Element 2 COMPLIANCE
• Management is responsible for ensuring that all safety and health policies and procedures
are clearly communicated and understood by all employees. Managers and supervisors
are expected to enforce the rules fairly and uniformly. Management is also responsible
for enforcing regulations and complying with the company’s safety program as contained
in the Injury Prevention Program in accordance to the disciplinary action plan outlined in
the “MCE Corporation Employee Handbook.” The method used shall be selected based
on the gravity and frequency of the violation. A willful violation of safety or security
rules is cause for immediate termination and cause for not being eligible for rehire.
• All employees are responsible for using safe work practices, for following all directives,
policies and procedures, and for assisting in maintaining a safe work environment.
Our system of ensuring that all workers comply with the rules and maintain a safe work
environment include:
• Informing workers of the provisions of our IIP Program;
• Evaluating the safety performance of all workers;
• Recognizing employees who perform safe and healthful work practices;
• Providing training to workers whose safety performance is deficient;
• Disciplining workers for failure to comply with safe and healthful work practices
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Element 3 COMMUNICATION
We recognize that open, two-way communication between management and staff on health and
safety issues is essential to an injury-free, productive workplace. The following system of
communication is designed to facilitate a continuous flow of safety and health information
between management and staff in a form that is readily understandable and consists of one or
more of the following checked items:
New worker orientation including reading and signing Employee Safety Handbook.
Review of our IIP Program.
Workplace safety and health training programs.
Regularly scheduled safety meetings.
Effective communication of safety and health concerns between workers and supervisors,
including translation where appropriate.
Posted or distributed safety information.
A system for workers to anonymously inform management about workplace hazards.
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Element 4 HAZARD ASSESSMENT
Periodic inspections to identify and evaluate workplace hazards shall be performed by the
following competent observer(s) in the following areas of our workplace:
Competent Observer Area
Karen Briones Construction and Maintenance
Jesus Rodriguez Construction – All Locations
Vince Cudia Maintenance – Northern CA
Emmanuel Pavloudakis Maintenance – Southern CA
Periodic inspections are performed according to the following schedule:
• Each Week a different location will be inspected
• When we initially established our IIP Program;
• When new substances, processes, procedures or equipment which present potential new
hazards are introduced into our workplace;
• When new, previously unidentified hazards are recognized;
• When occupational injuries and illnesses occur;
• When we hire and/or reassign permanent or intermittent workers to processes, operations,
or tasks for which a hazard evaluation has not been previously conducted; and
• Whenever workplace conditions warrant an inspection.
Periodic inspections consist of identification and evaluation of workplace hazards utilizing
applicable sections of the attached Hazard Assessment Checklist and any other effective methods
to identify and evaluate workplace hazards.
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HAZARD ASSESSMENT CHECKLISTS
GENERAL WORK ENVIRONMENT
• Are all worksites clean and orderly?
• Are work surfaces kept dry or appropriate means taken to assure the surfaces are slip-
resistant?
• Are all spilled materials or liquids cleaned up immediately?
• Is combustible scrap, debris and waste stored safely and removed from the worksite
promptly?
• Is accumulated combustible dust routinely removed from elevated surfaces, including the
overhead structure of buildings?
• Is combustible dust cleaned up with a vacuum system to prevent the dust going into
suspension?
• Is metallic or conductive dust prevented from entering or accumulation on or around
electrical enclosures or equipment?
• Are covered metal waste cans used for oily and paint-soaked waste?
• Are all oil and gas fired devices equipped with flame failure controls that will prevent
flow of fuel if pilots or main burners are not working?
• Are paint spray booths, dip tanks and the like cleaned regularly?
• Are the minimum number of toilets and washing facilities provided?
• Are all toilets and washing facilities clean and sanitary?
• Are all work areas adequately illuminated?
• Are pits and floor openings covered or otherwise guarded?
PERSONAL PROTECTIVE EQUIPMENT & CLOTHING
Are protective goggles or face shields provided and worn where there is any danger of flying
particles or corrosive materials?
• Are approved safety glasses required to be worn at all times in areas where there is a risk
of eye injuries such as punctures, abrasions, contusions or burns?
• Are employees who need corrective lenses (glasses or contacts lenses) in working
environments with harmful exposures, required to wear only approved safety glasses,
protective goggles, or use other medically approved precautionary procedures?
• Are protective gloves, aprons, shields, or other means provided against cuts, corrosive
liquids and chemicals?
• Are hard hats provided and worn where danger of falling objects exists?
• Are hard hats inspected periodically for damage to the shell and suspension system?
• Is appropriate foot protection required where there is the risk of foot injuries from hot,
corrosive, poisonous substances, falling objects, crushing or penetrating actions?
• Are approved respirators provided for regular or emergency use where needed?
• Is all protective equipment maintained in a sanitary condition and ready for use?
• Do you have eye wash facilities and a quick drench shower within the work area where
employees are exposed to injurious corrosive materials?
• Where special equipment is needed for electrical workers, is it available?
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• When lunches are eaten on the premises, are they eaten in areas where there is no
exposure to toxic materials or other health hazards?
• Is protection against the effects of occupational noise exposure provided when sound
levels exceed those of the Cal/OSHA noise standard?
WALKWAYS
• Are aisles and passageways kept clear?
• Are aisles and walkways marked as appropriate?
• Are wet surfaces covered with non-slip materials?
• Are holes in the floor, sidewalk or other walking surface repaired properly, covered or
otherwise made safe?
• Is there safe clearance for walking in aisles where motorized or mechanical handling
equipment is operating.
• Are spilled materials cleaned up immediately?
• Are materials or equipment stored in such a way that sharp projectiles will not interfere
with the walkway?
• Are changes of direction or elevations readily identifiable?
• Are aisles or walkways that pass near moving or operating machinery, welding
operations or similar operations arranged so employees will not be subjected to potential
hazards?
• Is adequate headroom provided for the entire length of any aisle or walkway?
• Are standard guardrails provided wherever aisle or walkway surfaces are elevated more
than 30 inches above any adjacent floor or the ground?
• Are bridges provided over conveyors and similar hazards?
FLOOR & WALL OPENINGS
• Are floor openings guarded by a cover, guardrail, or equivalent on all sides (except at
entrance to stairways or ladders)?
• Are toeboards installed around the edges of a permanent floor opening (where persons
may pass below the opening)?
• Are skylight screens of such construction and mounting that they will withstand a load of
at least 200 pounds?
• Is the glass in windows, doors, glass walls that are subject to human impact, of sufficient
thickness and type for the condition of use?
• Are grates or similar type covers over floor openings such as floor drains, of such design
that foot traffic or rolling equipment will not be affected by the grate spacing?
• Are unused portions of service pits and pits not actually in use either covered or protected
by guardrails or equivalent?
• Are manhole covers, trench covers and similar covers, plus their supports, designed to
carry a truck rear axle load of at least 20,000 pounds when located in roadways and
subject to vehicle traffic?
• Are floor or wall openings in fire resistive construction provided with doors or covers
compatible with the fire rating of the structure and provided with self-closing feature
when appropriate?
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STAIRS & STAIRWAYS
• Are standard stair rails or handrails on all stairways having four or more risers?
• Are all stairways at least 22 inches wide?
• Do stairs have at least a 6'6" overhead clearance?
• Do stairs angle no more than 50 and no less than 30 degrees?
• Are stairs of hollow-pan type treads and landings filled to noising level with solid
material?
• Are step risers on stairs uniform from top to bottom, with no riser spacing greater than 7-
1/2 inches?
• Are steps on stairs and stairways designed or provided with a surface that renders them
slip resistant?
• Are stairway handrails located between 30 and 34 inches above the leading edge of stair
treads?
• Do stairway handrails have a least 1-1/2 inches of clearance between the handrails and
the wall or surface they are mounted on?
• Are stairway handrails capable of withstanding a load of 200 pounds, applied in any
direction?
• Where stairs or stairways exit directly into any area where vehicles may be operated, are
adequate barriers and warnings provided to prevent employees stepping into the path of
traffic?
• Do stairway landings have a dimension measured in the direction of travel, at least equal
to width of the stairway?
• Is the vertical distance between stairway landings limited to 12 feet or less?
ELEVATED SURFACES
• Are signs posted, when appropriate, showing the elevated surface load capacity?
• Are surfaces elevated more than 30 inches above the floor or ground provided with
standard guardrails?
• Are all elevated surfaces (beneath which people or machinery could be exposed to falling
objects) provided with standard 4-inch toeboards?
• Is a permanent means of access and egress provided to elevated storage and work
surfaces?
• Is required headroom provided where necessary?
• Is material on elevated surfaces piled, stacked or racked in a manner to prevent it from
tipping, falling, collapsing, rolling or spreading?
• Are dock boards or bridge plates used when transferring materials between docks and
trucks or rail cars?
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EXITING OR EGRESS
• Are all exits marked with an exit sign and illuminated by a reliable light source?
• Are the directions to exits, when not immediately apparent, marked with visible signs?
• Are doors, passageways or stairways, that are neither exits nor access to exits and which
could be mistaken for exits, appropriately marked "NOT AN EXIT", "TO BASEMENT",
"STOREROOM", and the like?
• Are exit signs provided with the word "EXIT" in lettering at least 5 inches high and the
stroke of the lettering at least 1/2 inch wide?
• Are exit doors side-hinged?
• Are all exits kept free of obstructions?
• Are at least two means of egress provided from elevated platforms, pits or rooms where
the absence of a second exit would increase the risk of injury from hot, poisonous,
corrosive, suffocating, flammable, or explosive substances?
• Are there sufficient exits to permit prompt escape in case of emergency?
• Are special precautions taken to protect employees during construction and repair
operations?
• Is the number of exits from each floor of a building, and the number of exits from the
building itself, appropriate for the building occupancy load?
• Are exit stairways which are required to be separated from other parts of a building
enclosed by at least two hour fire-resistive construction in buildings more than four
stories in height, and not less than one-hour fire resistive construction elsewhere?
• When ramps are used as part of required exiting from a building, is the ramp slope
limited to 1- foot vertical and 12 feet horizontal?
• Where exiting will be through frameless glass doors, glass exit doors, storm doors, and
such are the doors fully tempered and meet the safety requirements for human impact?
EXIT DOORS
• Are doors that are required to serve as exits designed and constructed so that the way of
exit travel is obvious and direct?
• Are windows that could be mistaken for exit doors, made inaccessible by means of
barriers or railings?
• Are exit doors openable from the direction of exit travel without the use of a key or any
special knowledge or effort, when the building is occupied?
• Is a revolving, sliding or overhead door prohibited from serving as a required exit door?
• Where panic hardware is installed on a required exit door, will it allow the door to open
by applying a force of 15 pounds or less in the direction of the exit traffic?
• Are doors on cold storage rooms provided with an inside release mechanism that will
release the latch and open the door even if it's padlocked or otherwise locked on the
outside?
• Where exit doors open directly onto any street, alley or other area where vehicles may be
operated, are adequate barriers and warnings provided to prevent employees stepping into
the path of traffic?
• Are doors that swing in both directions and are located between rooms where there is
frequent traffic, provided with viewing panels in each door?
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PORTABLE LADDERS
• Are all ladders maintained in good condition, joints between steps and side rails tight, all
hardware and fittings securely attached, and moveable parts operating freely without
binding or undue play?
• Are non-slip safety feet provided on each ladder?
• Are non-slip safety feet provided on each metal or rung ladder?
• Are ladder rungs and steps free of grease and oil?
• Is it prohibited to place a ladder in front of doors opening toward the ladder except when
the door is blocked open, locked or guarded?
• Is it prohibited to place ladders on boxes, barrels, or other unstable bases to obtain
additional height?
• Are employees instructed to face the ladder when ascending or descending?
• Are employees prohibited from using ladders that are broken, missing steps, rungs, or
cleats, broken side rails or other faulty equipment?
• Are employees instructed not to use the top 2 steps of ordinary stepladders as a step?
• When portable rung ladders are used to gain access to elevated platforms, roofs, and the
like does the ladder always extend at least 3 feet above the elevated surface?
• Is it required that when portable rung or cleat type ladders are used the base is so placed
that slipping will not occur, or it is lashed or otherwise held in place?
• Are portable metal ladders legibly marked with signs reading "CAUTION" "Do Not Use
Around Electrical Equipment" or equivalent wording?
• Are employees prohibited from using ladders as guys, braces, skids, gin poles, or for
other than their intended purposes?
• Are employees instructed to only adjust extension ladders while standing at a base (not
while standing on the ladder or from a position above the ladder)?
• Are metal ladders inspected for damage?
• Are the rungs of ladders uniformly spaced at 12 inches, center to center?
HAND TOOLS & EQUIPMENT
• Are all tools and equipment (both, company and employee-owned) used by employees at
their workplace in good condition?
• Are hand tools such as chisels, punches, which develop mushroomed heads during use,
reconditioned or replaced as necessary?
• Are broken or fractured handles on hammers, axes and similar equipment replaced
promptly?
• Are worn or bent wrenches replaced regularly?
• Are appropriate handles used on files and similar tools?
• Are employees made aware of the hazards caused by faulty or improperly used hand
tools?
• Are appropriate safety glasses, face shields, and similar equipment used while using hand
tools or equipment that might produce flying materials or be subject to breakage?
• Are jacks checked periodically to assure they are in good operating condition?
• Are tool handles wedged tightly in the head of all tools?
• Are tool cutting edges kept sharp so the tool will move smoothly without binding or
skipping?
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• Are tools stored in dry, secure location where they won't be tampered with?
• Is eye and face protection used when driving hardened or tempered spuds or nails?
PORTABLE (POWER OPERATED) TOOLS & EQUIPMENT
• Are grinders, saws, and similar equipment provided with appropriate safety guards?
• Are power tools used with the correct shield, guard or attachment recommended by the
manufacturer?
• Are portable circular saws equipped with guards above and below the base shoe?
• Are circular saw guards checked to assure they are not wedged up, thus leaving the lower
portion of the blade unguarded?
• Are rotating or moving parts of equipment guarded to prevent physical contact?
• Are all cord-connected, electrically operated tools and equipment effectively grounded or
of the approved double insulated type?
• Are effective guards in place over belts, pulleys, chains, and sprockets, on equipment
such as concrete mixers, air compressors, and the like?
• Are portable fans provided with full guards or screens having openings 1/2 inch or less?
• Is hoisting equipment available and used for lifting heavy objects, and are hoist ratings
and characteristics appropriate for the task?
• Are ground-fault circuit interrupters provided on all temporary electrical 15 and 20
ampere circuits, used during periods of construction?
• Are pneumatic and hydraulic hoses on power-operated tools checked regularly for
deterioration or damage?
ABRASIVE WHEEL EQUIPMENT GRINDERS
• Is the work rest used and kept adjusted to within 1/8 inch of the wheel?
• Is the adjustable tongue on the top side of the grinder used and kept adjusted to within 1/4
inch of the wheel?
• Do side guards cover the spindle, nut, and flange and 75 percent of the wheel diameter?
• Are bench and pedestal grinders permanently mounted?
• Are goggles or face shields always worn when grinding?
• Is the maximum RPM rating of each abrasive wheel compatible with the RPM rating of
the grinder motor?
• Are fixed or permanently mounted grinders connected to their electrical supply system
with metallic conduit or other permanent wiring method?
• Does each grinder have an individual on and off control switch?
• Is each electrically operated grinder effectively grounded?
• Before new abrasive wheels are mounted, are they visually inspected and ring tested?
• Are dust collectors and powered exhausts provided on grinders used in operations that
produce large amounts of dust?
• Are splashguards mounted on grinders that use coolant, to prevent the coolant reaching
employees?
• Is cleanliness maintained around grinder?
POWDER ACTUATED TOOLS
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• Are employees who operate powder-actuated tools trained in their use and carry a valid
operator's card?
• Do the powder-actuated tools being used have written approval of the Division of
Occupational Safety and Health?
• Is each powder-actuated tool stored in its own locked container when not being used?
• Is a sign at least 7" by 10" with bold type reading "POWDER-ACTUATED TOOL IN
USE" conspicuously posted when the tool is being used?
• Are powder-actuated tools left unloaded until they are actually ready to be used?
• Are powder-actuated tools inspected for obstructions or defects each day before use?
• Do powder-actuated tools operators have and use appropriate personal protective
equipment such as hard hats, safety goggles, safety shoes and ear protectors?
MACHINE GUARDING
• Is there a training program to instruct employees on safe methods of machine operation?
• Is there adequate supervision to ensure that employees are following safe machine
operating procedures?
• Is there a regular program of safety inspection of machinery and equipment?
• Is all machinery and equipment kept clean and properly maintained?
• Is sufficient clearance provided around and between machines to allow for safe
operations, set up and servicing, material handling and waste removal?
• Is equipment and machinery securely placed and anchored, when necessary to prevent
tipping or other movement that could result in personal injury?
• Is there a power shut-off switch within reach of the operator's position at each machine?
• Can electric power to each machine be locked out for maintenance, repair, or security?
• Are the noncurrent-carrying metal parts of electrically operated machines bonded and
grounded?
• Are foot-operated switches guarded or arranged to prevent accidental actuation by
personnel or falling objects?
• Are manually operated valves and switches controlling the operation of equipment and
machines clearly identified and readily accessible?
• Are all emergency stop buttons colored red?
• Are all pulleys and belts that are within 7 feet of the floor or working level properly
guarded?
• Are all moving chains and gears properly guarded?
• Are splashguards mounted on machines that use coolant, to prevent the coolant from
reaching employees?
• Are methods provided to protect the operator and other employees in the machine area
from hazards created at the point of operation, ingoing nip points, rotating parts, flying
chips, and sparks?
• Are machinery guards secure and so arranged that they do not offer a hazard in their use?
• If special hand tools are used for placing and removing material, do they protect the
operator's hands?
• Are revolving drums, barrels, and containers required to be guarded by an enclosure that
is interlocked with the drive mechanism, so that revolution cannot occur unless the guard
enclosure is in place, so guarded?
• Do arbors and mandrels have firm and secure bearings and are they free from play?
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• Are provisions made to prevent machines from automatically starting when power is
restored after a power failure or shutdown?
• Are machines constructed so as to be free from excessive vibration when the largest size
tool is mounted and run at full speed?
• If machinery is cleaned with compressed air, is air pressure controlled and personal
protective equipment or other safeguards used to protect operators and other workers
from eye and body injury?
• Are fan blades protected with a guard having openings no larger than 1/2 inch, when
operating within 7 feet of the floor?
• Are saws used for ripping, equipped with anti-kick back devices and spreaders?
• Are radial arm saws so arranged that the cutting head will gently return to the back of the
table when released?
LOCKOUT BLOCKOUT PROCEDURES
• Is all machinery or equipment capable of movement, required to be de-energized or
disengaged and blocked or locked out during cleaning, servicing, adjusting or setting up
operations, whenever required?
• Is the locking-out of control circuits in lieu of locking-out main power disconnects
prohibited?
• Are all equipment control valve handles provided with a means for locking-out?
• Does the lockout procedure require that stored energy (i.e. mechanical, hydraulic, air,) be
released or blocked before equipment is locked-out for repairs?
• Are appropriate employees provided with individually keyed personal safety locks?
• Are employees required to keep personal control of their key(s) while they have safety
locks in use?
• Is it required that employees check the safety of the lock out by attempting a start up after
making sure no one is exposed?
• Where the power disconnecting means for equipment does not also disconnect the
electrical control circuit:
• Are the appropriate electrical enclosures identified?
• Is means provide to assure the control circuit can also be disconnected and locked out?
WELDING, CUTTING & BRAZING
• Are only authorized and trained personnel permitted to use welding, cutting or brazing
equipment?
• Do all operator have a copy of the appropriate operating instructions and are they directed
to follow them?
• Are compressed gas cylinders regularly examined for obvious signs of defects, deep
rusting, or leakage?
• Is care used in handling and storage of cylinders, safety valves, relief valves, and the like,
to prevent damage?
• Are precautions taken to prevent the mixture of air or oxygen with flammable gases,
except at a burner or in a standard torch?
• Are only approved apparatus (torches, regulators, pressure-reducing valves, acetylene
generators, manifolds) used?
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• Are cylinders kept away from sources of heat?
• Is it prohibited to use cylinders as rollers or supports?
• Are empty cylinders appropriately marked their valves closed and valve-protection caps
on?
• Are signs reading: DANGER NO-SMOKING, MATCHES, OR OPEN LIGHTS, or the
equivalent posted?
• Are cylinders, cylinder valves, couplings, regulators, hoses, and apparatus keep free of
oily or greasy substances?
• Is care taken not to drop or strike cylinders?
• Unless secured on special trucks, are regulators removed and valve-protection caps put in
place before moving cylinders?
• Do cylinders without fixed hand wheels have keys, handles, or non-adjustable wrenches
on stem valves when in service?
• Are liquefied gases stored and shipped valve-end up with valve covers in place?
• Are employees instructed to never crack a fuel-gas cylinder valve near sources of
ignition?
• Before a regulator is removed, is the valve closed and gas released form the regulator?
• Is red used to identify the acetylene (and other fuel-gas) hose, green for oxygen hose, and
black for inert gas and air hose?
• Are pressure-reducing regulators used only for the gas and pressures for which they are
intended?
• Is open circuit (No Load) voltage of arc welding and cutting machines as low as possible
and not in excess of the recommended limits?
• Under wet conditions, are automatic controls for reducing no-load voltage used?
• Is grounding of the machine frame and safety ground connections of portable machines
checked periodically?
• Are electrodes removed from the holders when not in use?
• Is it required that electric power to the welder be shut off when no one is in attendance?
• Is suitable fire extinguishing equipment available for immediate use?
• Is the welder forbidden to coil or loop welding electrode cable around his body?
• Are wet machines thoroughly dried and tested before being used?
• Are work and electrode lead cables frequently inspected for wear and damage, and
replaced when needed?
• Do means for connecting cables' lengths have adequate insulation?
• When the object to be welded cannot be moved and fire hazards cannot be removed, are
shields used to confine heat, sparks, and slag?
• Are firewatchers assigned when welding or cutting is performed, in locations where a
serious fire might develop?
• Are combustible floors kept wet, covered by damp sand, or protected by fire-resistant
shields?
• When floors are wet down, are personnel protected from possible electrical shock?
• When welding is done on metal walls, are precautions taken to protect combustibles on
the other side?
• Before hot work is begun, are used drums, barrels, tanks, and other containers so
thoroughly cleaned that no substances remain that could explode, ignite, or produce toxic
vapors?
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• Is it required that eye protection helmets, hand shields and goggles meet appropriate
standards?
• Are employees exposed to the hazards created by welding, cutting, or bracing operations
protected with personal protective equipment and clothing?
• Is a check made for adequate ventilation in and where welding or cutting is preformed?
• When working in confined places are environmental monitoring tests taken and means
provided for quick removal of welders in case of an emergency?
COMPRESSORS & COMPRESSED AIR
• Are compressors equipped with pressure relief valves, and pressure gauges?
• Are compressor air intakes installed and equipped to ensure that only clean
uncontaminated air enters the compressor?
• Are air filters installed on the compressor intake?
• Are compressors operated and lubricated in accordance with the manufacturer's
recommendations?
• Are safety devices on compressed air systems checked frequently?
• Before any repair work is done on the pressure system of a compressor, is the pressure
bled off and the system locked-out?
• Are signs posted to warn of the automatic starting feature of the compressors?
• Is the belt drive system totally enclosed to provide protection for the front, back, top, and
sides?
• Is it strictly prohibited to direct compressed air towards a person?
• Are employees prohibited from using highly compressed air for cleaning purposes?
• If compressed air is used for cleaning off clothing, is the pressure reduced to less than 10
psi?
• When using compressed air for cleaning, do employees use personal protective
equipment?
• Are safety chains or other suitable locking devices used at couplings of high pressure
hose lines where a connection failure would create a hazard?
• Before compressed air is used to empty containers of liquid, is the safe working pressure
of the container checked?
• When compressed air is used with abrasive blast cleaning equipment, is the operating
valve a type that must be held open manually?
• When compressed air is used to inflate auto tires, is a clip-on chuck and an inline
regulator preset to 40 psi required?
• Is it prohibited to use compressed air to clean up or move combustible dust if such action
could cause the dust to be suspended in the air and cause a fire or explosion hazard?
COMPRESSED GAS & CYLINDERS
• Are cylinders with a water weight capacity over 30 pounds equipped with means for
connecting a valve protector device, or with a collar or recess to protect the valve?
• Are cylinders legibly marked to clearly identify the gas contained?
• Are compressed gas cylinders stored in areas which are protected from external heat
sources such as flame impingement, intense radiant heat, electric arcs, or high
temperature lines?
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• Are cylinders located or stored in areas where they will not be damaged by passing or
falling objects, or subject to tampering by unauthorized persons?
• Are cylinders stored or transported in a manner to prevent them creating a hazard by
tipping, falling or rolling?
• Are cylinders containing liquefied fuel gas, stored or transported in a position so that the
safety relief device is always in direct contact with the vapor space in the cylinder?
• Are valve protectors always placed on cylinders when the cylinders are not in use or
connected for use?
• Are all valves closed off before a cylinder is moved, when the cylinder is empty, and at
the completion of each job?
• Are low pressure fuel-gas cylinders checked periodically for corrosion, general distortion,
cracks, or any other defect that might indicate a weakness or render it unfit for service?
• Does the periodic check of low pressure fuel-gas cylinders include a close inspection of
the cylinders' bottom?
HOIST & AUXILIARY EQUIPMENT
• Is each overhead electric hoist equipped with a limit device to stop the hook travel at its
highest and lowest point of safe travel?
• Will each hoist automatically stop and hold any load up to 125 percent of its rated load, if
its actuating force is removed?
• Is the rated load of each hoist legibly marked and visible to the operator?
• Are stops provided at the safe limits of travel for trolley hoist?
• Are the controls of hoists plainly marked to indicate the direction of travel or motion?
• Is each cage-controlled hoist equipped with an effective warning device?
• Are close-fitting guards or other suitable devices installed on hoist to assure hoist ropes
will be maintained in the sheave groves?
• Are all hoist chains or ropes of sufficient length to handle the full range of movement for
the application while still maintaining two full wraps on the drum at all times?
• Are nip points or contact points between hoist ropes and sheaves which are permanently
located within 7 feet of the floor, ground or working platform, guarded?
• Is it prohibited to use chains or rope slings that are kinked or twisted?
• Is it prohibited to use the hoist rope or chain wrapped around the load as a substitute, for
a sling?
• Is the operator instructed to avoid carrying loads over people?
• Are only employees who have been trained in the proper use of hoists allowed to operate
them?
INDUSTRIAL TRUCKS - FORKLIFTS
• Are only trained personnel allowed to operate industrial trucks?
• Is substantial overhead protective equipment provided on high lift rider equipment?
• Are the required lift truck operating rules posted and enforced?
• Is directional lighting provided on each industrial truck that operates in an area with less
than 2 foot candles per square foot of general lighting?
• Does each industrial truck have a warning horn, whistle, gong or other device which can
be clearly heard above the normal noise in the areas where operated?
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• Are the brakes on each industrial truck capable of bringing the vehicle to a complete and
safe stop when fully loaded?
• Will the industrial truck's parking brake effectively prevent the vehicle from moving
when unattended?
• Are industrial trucks operating in areas where flammable gases or vapors, or combustible
dust or ignitable fibers may be present in the atmosphere, approved for such locations?
• Are motorized hand and hand/rider trucks so designed that the brakes are applied, and
power to the drive motor shuts off when the operator releases his/her grip on the device
that controls the travel?
• Are industrial trucks with internal combustion engine operated in buildings or enclosed
areas, carefully checked to ensure such operations do not cause harmful concentration of
dangerous gases or fumes?
ENTERING CONFINED SPACES
• Establish and maintain a written confined space permit-required program as necessary
(MCE Corp rarely does confined space work):
• Are confined spaces thoroughly emptied of any corrosive or hazardous substances, such
as acids or caustics, before entry?
• Before entry, are all lines to a confined space, containing inert, toxic, flammable, or
corrosive materials valved off and blanked or disconnected and separated?
• Is it required that all impellers, agitators, or other moving equipment inside confined
spaces be locked-out if they present a hazard?
• Is either natural or mechanical ventilation provided prior to confined space entry?
• Before entry, are appropriate atmospheric tests performed to check for oxygen
deficiency, toxic substance and explosive concentrations in the confined space before
entry?
• Is adequate illumination provided for the work to be performed in the confined space?
• Is the atmosphere inside the confined space frequently tested or continuously monitor
during conduct of work?
• Is there an assigned safety standby employee outside of the confined space, whose sole
responsibility is to watch the work in progress, sound an alarm if necessary, and render
assistance?
• Is the standby employee or other employees prohibited from entering the confined space
without lifelines and respiratory equipment if there is any questions as to the cause of an
emergency?
• In addition to the standby employee, is there at least one other trained rescuer in the
vicinity?
• Are all rescuers appropriately trained and using approved, recently inspected equipment?
• Does all rescue equipment allow for lifting employees vertically from a top opening?
• Are there trained personnel in First Aid and CPR immediately available?
• Is there an effective communication system in place whenever respiratory equipment is
used and the employee in the confined space is out of sight of the standby person?
• Is approved respiratory equipment required if the atmosphere inside the confined space
cannot be made acceptable?
• Is all portable electrical equipment used inside confined spaces either grounded and
insulated, or equipped with ground fault protection?
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• Before gas welding or burning is started in a confined space, are hoses checked for leaks,
compressed gas bottles forbidden inside of the confined space, torches lighted only
outside of the confined area and the confined area tested for an explosive atmosphere
each time before a lighted torch is to be taken into the confined space?
• If employees will be using oxygen-consuming equipment such as salamanders, torches,
furnaces, in a confined space, is sufficient air provided to assure combustion without
reducing the oxygen concentration of the atmosphere below 19.5 percent by volume?
• Whenever combustion-type equipment is used in confined space, are provisions made to
ensure the exhaust gases are vented outside of the enclosure?
• Is each confined space checked for decaying vegetation or animal matter, which may
produce methane?
• Is the confined space checked for possible industrial waste, which could contain toxic
properties?
• If the confined space is below the ground and near areas where motor vehicles will be
operating, is it possible for vehicle exhaust or carbon monoxide to enter the space?
ENVIRONMENTAL CONTROLS
• Are all work areas properly illuminated?
• Are employees instructed in proper first aid and other emergency procedures?
• Are hazardous substances identified which may cause harm by inhalation, ingestion, skin
absorption or contact?
• Are employees aware of the hazards involved with the various chemicals they may be
exposed to in their work environment, such as ammonia, chlorine, epoxies, and caustics?
• Is employee exposure to chemicals in the workplace kept within acceptable levels?
• Can a less harmful method or product be used?
• Is the work area's ventilation system appropriate for the work being performed?
• Are spray painting operations done in spray rooms or booths equipped with an
appropriate exhaust system?
• Is employee exposure to welding fumes controlled by ventilation, use of respirators,
exposure time, or other means?
• Are welders and other workers nearby provided with flash shields during welding
operations?
• If forklifts and other vehicles are used in buildings or other enclosed areas, are the carbon
monoxide levels kept below maximum acceptable concentration?
• Has there been a determination that noise levels in the facilities are within acceptable
levels?
• Are steps being taken to use engineering controls to reduce excessive noise levels?
• Are proper precautions being taken when handling asbestos and other fibrous materials?
• Are caution labels and signs used to warn of asbestos?
• Are wet methods used, when practicable, to prevent the emission of airborne asbestos
fibers, silica dust and similar hazardous materials?
• Is vacuuming with appropriate equipment used whenever possible rather than blowing or
sweeping dust?
• Are grinders, saws, and other machines that produce respirable dusts vented to an
industrial collector or central exhaust system?
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• Are all local exhaust ventilation systems designed and operating properly such as airflow
and volume necessary for the application? Are the ducts free of obstructions or the belts
slipping?
• Is personal protective equipment provided, used and maintained wherever required?
• Are there written standard operating procedures for the selection and use of respirators
where needed?
• Are restrooms and washrooms kept clean and sanitary?
• Is all water provided for drinking, washing, and cooking potable?
• Are all outlets for water not suitable for drinking clearly identified?
• Are employees' physical capacities assessed before being assigned to jobs requiring
heavy work?
• Are employees instructed in the proper manner of lifting heavy objects?
• Where heat is a problem, have all fixed work areas been provided with spot cooling or air
conditioning?
• Are employees screened before assignment to areas of high heat to determine if their
health condition might make them more susceptible to having an adverse reaction?
• Are employees working on streets and roadways where they are exposed to the hazards of
traffic, required to wear bright colored (traffic orange) warning vest?
• Are exhaust stacks and air intakes located that contaminated air will not be recirculated
within a building or other enclosed area?
• Is equipment producing ultra-violet radiation properly shielded?
FLAMMABLE & COMBUSTIBLE MATERIALS
• Are combustible scrap, debris and waste materials (i.e. oily rags) stored in covered metal
receptacles and removed from the worksite promptly?
• Is proper storage practiced to minimize the risk of fire including spontaneous
combustion?
• Are approved containers and tanks used for the storage and handling of flammable and
combustible liquids?
• Are all connections on drums and combustible liquid piping, vapor and liquid tight?
• Are all flammable liquids kept in closed containers when not in use (e.g. parts cleaning
tanks, pans)?
• Are bulk drums of flammable liquids grounded and bonded to containers during
dispensing?
• Do storage rooms for flammable and combustible liquids have explosion-proof lights?
• Do storage rooms for flammable and combustible liquids have mechanical or gravity
ventilation?
• Is liquefied petroleum gas stored, handled, and used in accordance with safe practices and
standards?
• Are liquefied petroleum storage tanks guarded to prevent damage from vehicles?
• Are all solvent wastes and flammable liquids kept in fire-resistant covered containers
until they are removed from the worksite?
• Is vacuuming used whenever possible rather than blowing or sweeping combustible dust?
• Are fire separators placed between containers of combustibles or flammables, when
stacked one upon another, to assure their support and stability?
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• Are fuel gas cylinders and oxygen cylinders separated by distance, fire resistant barriers
or other means while in storage?
• Are fire extinguishers selected and provided for the types of materials in areas where they
are to be used?
• Class A: Ordinary combustible material fires.
• Class B: Flammable liquid, gas or grease fires.
• Class C: Energized-electrical equipment fires.
• If a Halon 1301 fire extinguisher is used, can employees evacuate within the specified
time for that extinguisher?
• Are appropriate fire extinguishers mounted within 75 feet of outside areas containing
flammable liquids, and within 10 feet of any inside storage area for such materials?
• Is the transfer/withdrawal of flammable or combustible liquids performed by trained
personnel?
• Are fire extinguishers mounted so that employees do not have to travel more than 75 feet
for a class "A" fire or 50 feet for a class "B" fire?
• Are employees trained in the use of fire extinguishers?
• Are extinguishers free from obstructions or blockage?
• Are all extinguishers serviced, maintained and tagged at intervals not to exceed one year?
• Are all extinguishers fully charged and in their designated places?
• Is a record maintained of required monthly checks of extinguishers?
• Where sprinkler systems are permanently installed, are the nozzle heads directed or
arranged so that water will not be sprayed into operating electrical switchboards and
equipment?
• Are "NO SMOKING" signs posted where appropriate in areas where flammable or
combustible materials are used or stored?
• Are "NO SMOKING" signs posted on liquefied petroleum gas tanks?
• Are "NO SMOKING" rules enforced in areas involving storage and use of flammable
materials?
• Are safety cans used for dispensing flammable or combustible liquids at a point of use?
• Are all spills of flammable or combustible liquids cleaned up promptly?
• Are storage tanks adequately vented to prevent the development of excessive vacuum or
pressure as a result of filling, emptying, or atmosphere temperature changes?
• Are storage tanks equipped with emergency venting that will relieve excessive internal
pressure caused by fire exposure?
• Are spare portable or butane tanks, which are sued by industrial trucks stored in accord
with regulations?
FIRE PROTECTION
• Do you have a fire prevention plan?
• Does your plan describe the type of fire protection equipment and/or systems?
• Have you established practices and procedures to control potential fire hazards and
ignition sources?
• Are employees aware of the fire hazards of the material and processes to which they are
exposed?
• Is your local fire department well acquainted with your facilities, location and specific
hazards?
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• If you have a fire alarm system, is it tested at least annually?
• If you have a fire alarm system, is it certified as required?
• If you have interior standpipes and valves, are they inspected regularly?
• If you have outside private fire hydrants, are they flushed at least once a year and on a
routine preventive maintenance schedule?
• Are fire doors and shutters in good operating condition?
• Are fire doors and shutters unobstructed and protected against obstructions, including
their counterweights?
• Are fire door and shutter fusible links in place?
• Are automatic sprinkler system water control valves, air and water pressures checked
weekly/periodically as required?
• Is maintenance of automatic sprinkler system assigned to responsible persons or to a
sprinkler contractor?
• Are sprinkler heads protected by metal guards, when exposed to physical damage?
• Is proper clearance maintained below sprinkler heads?
• Are portable fire extinguishers provided in adequate number and type?
• Are fire extinguishers mounted in readily accessible locations?
• Are fire extinguishers recharged regularly and noted on the inspection tag?
• Are employees periodically instructed in the use of extinguishers and fire protection
procedures?
HAZARDOUS CHEMICAL EXPOSURES
• Are employees trained in the safe handling practices of hazardous chemicals such as
acids, caustics, and the like?
• Are employees aware of the potential hazards involving various chemicals stored or used
in the workplace--such as acids, bases, caustics, epoxies, and phenols?
• Is employee exposure to chemicals kept within acceptable levels?
• Are eye wash fountains and safety showers provided in areas where corrosive chemicals
are handled?
• Are all containers, such as vats and storage tanks labeled as to their contents--e.g.
"CAUSTICS"?
• Are all employees required to use personal protective clothing and equipment when
handling chemicals (i.e. gloves, eye protection, and respirators)?
• Are flammable or toxic chemicals kept in closed containers when not in use?
• Are chemical piping systems clearly marked as to their content?
• Where corrosive liquids are frequently handled in open containers or drawn from storage
vessels or pipelines, is adequate means readily available for neutralizing or disposing of
spills or overflows properly and safely?
• Have standard operating procedures been established and are they being followed when
cleaning up chemical spills?
• Where needed for emergency use, are respirators stored in a convenient, clean and
sanitary location?
• Are respirators intended for emergency use adequate for the various uses for which they
may be needed?
• Are employees prohibited from eating in areas where hazardous chemicals are present?
• Is personal protective equipment provided, used and maintained whenever necessary?
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• Are there written standard operating procedures for the selection and use of respirators
where needed?
• If you have a respirator protection program, are your employees instructed on the correct
usage and limitations of the respirators?
• Are the respirators NIOSH approved for this particular application?
• Are they regularly inspected and cleaned sanitized and maintained?
• If hazardous substances are used in your processes, do you have a medical or biological
monitoring system in operation?
• Are you familiar with the Threshold Limit Values or Permissible Exposure Limits of
airborne contaminants and physical agents used in your workplace?
• Have control procedures been instituted for hazardous materials, where appropriate, such
as respirators, ventilation systems, handling practices, and the like?
• Whenever possible, are hazardous substances handled in properly designed and
exhausted booths or similar locations?
• Do you use general dilution or local exhaust ventilation systems to control dusts, vapors,
gases, fumes, smoke, solvents or mists which may be generated in your workplace?
• Is ventilation equipment provided for removal of contaminants from such operations as
production grinding, buffing, spray painting, and/or vapor decreasing, and is it operating
properly?
• Do employees complain about dizziness, headaches, nausea, irritation, or other factors of
discomfort when they use solvents or other chemicals?
• Is there a dermatitis problem--do employees complain about skin dryness, irritation, or
sensitization?
• Have you considered the use of an industrial hygienist or environmental health specialist
to evaluate your operation?
• If internal combustion engines are used, is carbon monoxide kept within acceptable
levels?
• Is vacuuming used, rather than blowing or sweeping dusts whenever possible for clean
up?
• Are materials, which give off toxic asphyxiant, suffocating or anesthetic fumes, stored in
remote or isolated locations when not in use?
HAZARDOUS SUBSTANCES COMMUNICATION
• Is there a list of hazardous substances used in your workplace?
• Is there a written hazard communication program dealing with Safety Data Sheets (SDS)
labeling, and employee training?
• Who is responsible for SDSs, container labeling, employee training?
• Is each container for a hazardous substance (i.e. vats, bottles, storage tanks,) labeled with
product identity and a hazard warning (communication of the specific health hazards and
physical hazards)?
• Is there a Safety Data Sheet readily available for each hazardous substance used?
• How will you inform other employers whose employees share the same work area where
the hazardous substances are used?
• Is there an employee training program for hazardous substances?
• Does this program include:
• An explanation of what an SDS is and how to use and obtain one?
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• MSDS contents for each hazardous substance or class of substances?
• Explanation of "Right to Know"?
• Identification of where employees can see the employer's written hazard communication
program and where hazardous substances are present in their work area?
• The physical and health hazards of substances in the work area, how to detect their
presence, and specific protective measures to be used?
• Details of the hazard communication program, including how to use the labeling system
and SDSs?
• How employees will be informed of hazards of non-routine tasks, and hazards of
unlabeled pipes?
ELECTRICAL
• Are your workplace electricians familiar with the Cal/OSHA Electrical Safety Orders?
• Do you specify compliance with Cal/OSHA for all contract electrical work?
• Are all employees required to report as soon as practicable any obvious hazard to life or
property observed in connection with electrical equipment or lines?
• Are employees instructed to make preliminary inspections and/or appropriate tests to
determine what conditions exist before starting work on electrical equipment or lines?
• When electrical equipment or lines are to be serviced, maintained or adjusted, are
necessary switches opened, locked-out and tagged whenever possible?
• Are portable electrical tools and equipment grounded or of the double insulated type?
• Are electrical appliances such as vacuum cleaners, polishers, vending machines
grounded?
• Do extension cords being used have a grounding conductor?
• Are multiple plug adapters prohibited?
• Are ground-fault circuit interrupters installed on each temporary 15 or 20 ampere, 120
volt AC circuit at locations where construction, demolition, modifications, alterations or
excavations are being performed?
• Are all temporary circuits protected by suitable disconnecting switches or plug
connectors at the junction with permanent wiring?
• Is exposed wiring and cords with frayed or deteriorated insulation repaired or replaced
promptly?
• Are flexible cords and cables free of splices or taps?
• Are clamps or other securing means provided on flexible cords or cables at plugs,
receptacles, tools, and equipment and is the cord jacket securely held in place?
• Are all cord, cable and raceway connections intact and secure?
• In wet or damp locations, are electrical tools and equipment appropriate for the use or
location or otherwise protected?
• Is the location of electrical power lines and cables (overhead, underground, underfloor,
other side of walls) determined before digging, drilling or similar work is begun?
• Are metal measuring tapes, ropes, handlines or similar devices with metallic thread
woven into the fabric prohibited where they could come in contact with energized parts
of equipment or circuit conductors?
• Is the use of metal ladders prohibited in area where the ladder or the person using the
ladder could come in contact with energized parts of equipment, fixtures or circuit
conductors?
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• Are all disconnecting switches and circuit breakers labeled to indicate their use or
equipment served?
• Are disconnecting means always opened before fuses are replaced?
• Do all interior wiring systems include provisions for grounding metal parts of electrical
raceways, equipment and enclosures?
• Are all electrical raceways and enclosures securely fastened in place?
• Are all energized parts of electrical circuits and equipment guarded against accidental
contact by approved cabinets or enclosures?
• Is sufficient access and working space provided and maintained about all electrical
equipment to permit ready and safe operations and maintenance?
• Are all unused openings (including conduit knockouts) in electrical enclosures and
fittings closed with appropriate covers, plugs or plates?
• Are electrical enclosures such as switches, receptacles, junction boxes, etc., provided
with tight-fitting covers or plates?
• Are disconnecting switches for electrical motors in excess of two horsepower, capable of
opening the circuit when the motor is in a stalled condition, without exploding? (Switches
must be horsepower rated equal to or in excess of the motor hp rating).
• Is low voltage protection provided in the control device of motors driving machines or
equipment, which could cause probably injury from inadvertent starting?
• Is each motor disconnecting switch or circuit breaker located within sight of the motor
control device?
• Is each motor located within sight of its controller or the controller disconnecting means
capable of being locked in the open position or is a separate disconnecting means
installed in the circuit within sight of the motor?
• Is the controller for each motor in excess of two horsepower, rated in horsepower equal to
or in excess of the rating of the motor is serves?
• Are employees who regularly work on or around energized electrical equipment or lines
instructed in the cardiopulmonary resuscitation (CPR) methods?
• Are employees prohibited from working alone on energized lines or equipment over 600
volts?
NOISE
• Are there areas in the workplace where continuous noise levels exceed 85 dBA? (To
determine maximum allowable levels for intermittent or impact noise, see Title 8, Section
5097.)
• Are noise levels being measured using a sound level meter or an octave band analyzer
and records being kept?
• Have you tried isolating noisy machinery from the rest of your operation?
• Have engineering controls been used to reduce excessive noise levels?
• Where engineering controls are determined not feasible, are administrative controls (i.e.
worker rotation) being used to minimize individual employee exposure to noise?
• Is there an ongoing preventive health program to educate employees in safe levels of
noise and exposure, effects of noise on their health, and use of personal protection?
• Is the training repeated annually for employees exposed to continuous noise above 85
dBA?
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• Have work areas where noise levels make voice communication between employees
difficult been identified and posted?
• Is approved hearing protective equipment (noise attenuating devices) available to every
employee working in areas where continuous noise levels exceed 85 dBA?
• If you use ear protectors, are employees properly fitted and instructed in their use and
care?
• Are employees exposed to continuous noise above 85 dBA given periodic audiometric
testing to ensure that you have an effective hearing protection system?
FUELING
• Is it prohibited to fuel an internal combustion engine with a flammable liquid while the
engine is running?
• Are fueling operations done in such a manner that likelihood of spillage will be minimal?
• When spillage occurs during fueling operations, is the spilled fuel cleaned up completely,
evaporated, or other measures taken to control vapors before restarting the engine?
• Are fuel tank caps replaced and secured before starting the engine?
• In fueling operations is there always metal contact between the container and fuel tank?
• Are fueling hoses of a type designed to handle the specific type of fuel?
• Is it prohibited to handle or transfer gasoline in open containers?
• Are open lights, open flames, or sparking or arcing equipment prohibited near fueling or
transfer of fuel operations?
• Is smoking prohibited in the vicinity of fueling operations?
• Are fueling operations prohibited in building or other enclosed areas that are not
specifically ventilated for this purpose?
• Where fueling or transfer of fuel is done through a gravity flow system, are the nozzles of
the self-closing type?
MATERIAL HANDLING
• Is there safe clearance for equipment through aisles and doorways?
• Are aisleways designated, permanently marked, and kept clear to allow unhindered
passage?
• Are motorized vehicles and mechanized equipment inspected daily or prior to use?
• Are vehicles shut off and brakes set prior to loading or unloading?
• Are containers or combustibles or flammables, when stacked while being moved, always
separated by dunnage sufficient to provide stability?
• Are dock boards (bridge plates) used when loading or unloading operations are taking
place between vehicles and docks?
• Are trucks and trailers secured from movement during loading and unloading operations?
• Are dock plates and loading ramps constructed and maintained with sufficient strength to
support imposed loading?
• Are hand trucks maintained in safe operating condition?
• Are chutes equipped with sideboards of sufficient height to prevent the materials being
handled from falling off?
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• Are chutes and gravity roller sections firmly placed or secured to prevent displacement?
• At the delivery end of rollers or chutes, are provisions made to brake the movement of
the handled materials.
• Are pallets usually inspected before being loaded or moved?
• Are hooks with safety latches or other arrangements used when hoisting materials so that
slings or load attachments won't accidentally slip off the hoist hooks?
• Are securing chains, ropes, chockers or slings adequate for the job to be performed?
• When hoisting material or equipment, are provisions made to assure no one will be
passing under the suspended loads?
• Are Material Safety Data Sheets available to employees handling hazardous substances?
TRANSPORTING EMPLOYEES & MATERIALS
• Do employees who operate vehicles on public thoroughfares have valid operator's
licenses?
• When seven or more employees are regularly transported in a van, bus or truck, is the
operator's license appropriate for the class of vehicle being driven?
• Is each van, bus or truck used regularly to transport employees, equipped with an
adequate number of seats?
• When employees are transported by truck, are provision provided to prevent their falling
from the vehicle?
• Are vehicles used to transport employees, equipped with lamps, brakes, horns, mirrors,
windshields and turn signals in good repair?
• Are transport vehicles provided with handrails, steps, stirrups or similar devices, so
placed and arranged that employees can safely mount or dismount?
• Are employee transport vehicles equipped at all times with at least two reflective type
flares?
• Is a full charged fire extinguisher, in good condition, with at least 4 B:C rating
maintained in each employee transport vehicle?
• When cutting tools with sharp edges are carried in passenger compartments of employee
transport vehicles, are they placed in closed boxes or containers which are secured in
place?
• Are employees prohibited from riding on top of any load, which can shift, topple, or
otherwise become unstable?
TIRE INFLATION
• Where tires are mounted and/or inflated on drop center wheels is a safe practice
procedure posted and enforced?
• Where tires are mounted and/or inflated on wheels with split rims and/or retainer rings is
a safe practice procedure posted and enforced?
• Does each tire inflation hose have a clip-on chuck with at least 24 inches of hose between
the chuck and an in-line hand valve and gauge?
• Does the tire inflation control valve automatically shut off the airflow when the valve is
released?
• Is a tire restraining device such as a cage, rack or other effective means used while
inflating tires mounted on split rims, or rims using retainer rings?
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• Are employees strictly forbidden from taking a position directly over or in front of a tire
while it's being inflated?
EMERGENCY ACTION PLAN
• Are you required to have an emergency action plan?
• Does the emergency action plan comply with requirements of T8CCR 3220(a)?
• Have emergency escape procedures and routes been developed and communicated to all
employers?
• Do employees, who remain to operate critical plant operations before they evacuate,
know the proper procedures?
• Is the employee alarm system that provides a warning for emergency action recognizable
and perceptible above ambient conditions?
• Are alarm systems properly maintained and tested regularly?
• Is the emergency action plan reviewed and revised periodically?
• Do employees now their responsibilities:
• For reporting emergencies?
• During an emergency?
• For conducting rescue and medical duties?
ERGONOMICS
• Can the work be performed without eyestrain or glare to the employees?
• Does the task require prolonged raising of the arms?
• Do the neck and shoulders have to be stooped to view the task?
• Are there pressure points on any parts of the body (wrists, forearms, back of thighs)?
• Can the work be done using the larger muscles of the body?
• Can the work be done without twisting or overly bending the lower back?
• Are there sufficient rest breaks, in addition to the regular rest breaks, to relieve stress
from repetitive-motion tasks?
• Are tools, instruments and machinery shaped, positioned and handled so that tasks can be
performed comfortably?
• Are all pieces of furniture adjusted, positioned and arranged to minimize strain on all
parts of the body?
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Element 5 ACCIDENT/EXPOSURE INVESTIGATIONS
Procedures for investigating workplace accidents and hazardous substance exposures include:
• Visiting the accident scene as soon as possible;
• Interviewing injured workers and witnesses;
• Examining the workplace for factors associated with the accident/exposure;
• Determining the cause of the accident/exposure;
• Taking corrective action to prevent the accident/exposure from reoccurring; and
• Recording the findings and corrective actions taken.
• Supervisors will be responsible for filling out the Supervisor’s Report of Accident
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SUPERVISOR’S REPORT OF ACCIDENT
Employee Name: ______________________________________________________________
Date of Injury: _________________________Time: ___________________________
Date Employee Reported Incident:
Department: _____________________ Job Title: ______________________
How Did Injury Occur? (Please give detailed description of accident)
_________________________________________________________________________________
______________________________________________________________________
___________________________________________________________
BODY PARTS INJURED
Head θ Neck θ Arm θ Leg θ Foot θ
Face θ Back θ Hand θ Knee θ Toe θ
Eye θ Chest θ Finger θ Ankle θ Other ___________
What Action Was Taken?
θ First Aid Treatment Given – If So,By Whom:________________________________
θ Treatment With a Physician
Did Injured Employee Continue Working? _________________________________________
Witnesses (Please Give Names): __________________________________________________
Location Of Accident: __________________________________________________________
What was the employee doing when injured?
____________________________________________________________________________________
____________________________________________________________________________________
Reason for unsafe conditions:
____________________________________________________________________________________
____________________________________________________________________________________
How can we prevent these types of accidents in the future?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________ ________________________________
Supervisor’s Signature Date
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Element 6 HAZARD CORRECTION
Unsafe or unhealthy work conditions, practices or procedures shall be corrected in a timely
manner based on the severity of the hazards. Hazards shall be corrected according to the
following procedures:
• When observed or discovered;
• When an imminent hazard exists which cannot be immediately abated without
endangering employee(s) and/or property, we will remove all exposed workers from the
area except those necessary to correct the existing condition. Workers necessary to
correct the hazardous condition shall be provided with the necessary protection; and
• All such actions taken and dates they are completed shall be documented on the
appropriate forms.
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Hazard Assessment & Correction Record
Date: Time:
Company Name: Pictures:
Field Supervisor and/or Employees:
Jobsite Location:
Work Type Being Performed:
Identified Hazards and/or Unsafe Acts:
Corrective Actions Taken:
Preventative Measures and/or Recommendations:
Comments:
______________________________________________________________________________
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Element 7 TRAINING AND INSTRUCTION
All workers, including managers and supervisors, shall have training and instruction on general
and job-specific safety and health practices. Training and instruction shall be provided as
follows:
• When the IIP Program is first established;
• To all new workers, except for construction workers who are provided training through a
Cal/OSHA approved construction industry occupational safety and health training
program;
• To all workers given new job assignments for which training has not previously
provided;
• Whenever new substances, processes, procedures or equipment are introduced to the
workplace and represent a new hazard;
• Whenever the employer is made aware of a new or previously unrecognized hazard;
• To supervisors to familiarize them with the safety and health hazards to which workers
under their immediate direction and control may be exposed; and
• To all workers with respect to hazards specific to each employee's job assignment.
Workplace safety and health practices for all industries include, but are not limited to, the
following:
• Explanation of the employer's IIP Program, emergency action plan and fire prevention
plan, and measures for reporting any unsafe conditions, work practices, injuries and when
additional instruction is needed.
• Use of appropriate clothing, including gloves, footwear, and personal protective
equipment.
• Information about chemical hazards to which employees could be exposed and other
hazard communication program information.
• Availability of toilet, hand-washing and drinking water facilities.
• Provisions for medical services and first aid including emergency procedures.
In addition, we provide specific instructions to all workers regarding hazards unique to their job
assignment, to the extent that such information was not already covered in other training.
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LIST OF TRAINING SUBJECTS
We train our workers about the following checked training subjects:
The employer's Code of Safe Practices.
Confined spaces only when required (MCE Corp rarely does confined space work).
Good housekeeping, fire prevention, safe practices for operating any construction
equipment.
Safe procedures for cleaning, repairing, servicing and adjusting equipment and machinery.
Safe access to working areas.
Protection from falls.
Electrical hazards, including working around high voltage lines.
Trenching and excavation work.
Proper use of powered tools.
Guarding of belts and pulleys, gears and sprockets, and conveyor nip points.
Machine, machine parts, and prime movers guarding.
Lock-out/tag-out procedures.
Materials handling.
Chainsaw and other power tool operation.
Fall protection from elevated locations.
Use of elevated platforms, including condors and scissor lifts.
Driver safety.
Slips, falls, and back injuries.
Ergonomic hazards, including proper lifting techniques and working on ladders or in a
stooped posture for prolonged periods at one time.
Personal protective equipment.
Respiratory Equipment.
Hazardous chemical exposures.
Hazard communication.
Physical hazards, such as heat/cold stress, noise, and ionizing and non-ionizing radiation.
Bloodborne pathogens and other biological hazards.
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Element 8 RECORDKEEPING
We have checked one of the following categories as our recordkeeping policy.
Category 1. Our establishment is on a designated high hazard industry list. We have taken
the following steps to implement and maintain our IIP Program:
1. Records of hazard assessment inspections, including the person(s) or persons
conducting the inspection, the unsafe conditions and work practices that have
been identified and the action taken to correct the identified unsafe conditions and
work practices, are recorded on a hazard assessment and correction form; and
2. Documentation of safety and health training for each worker, including the
worker's name or other identifier, training dates, type(s) of training, and training
providers are recorded on a worker training and instruction form. We also include
the records relating to worker training provided by a construction industry
occupational safety and health program approved by Cal/OSHA.
Inspection records and training documentation will be maintained according to the
following checked schedule:
For three years, except for training records of employees who have worked for
less than one year which are provided to the worker upon termination of
employment; or
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Sign-In-Sheet
Safety Training conducted on: Date:_______________ Time:____________ _____
Covered topics:_________________________________________________________
______________________________________________________________________
Company:________________________ Trainer: Page:___of___
Employee Name (print) Employee Signature
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1
REQUEST FOR PROPOSALS
The City of Diamond Bar is seeking proposals from qualified
contractors to provide professional Landscape Maintenance Services
for the community.
Landscape Maintenance
Services
Lighting and Landscape
Maintenance Districts 38, 39 and 41
Proposals Due: Thursday, February 13, 2020 at 5:00pm
City of Diamond Bar Public Works Department
21810 Copley Drive, Diamond Bar, CA 91765 (909) 839-7060
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I. GENERAL INFORMATION
The City of Diamond Bar is soliciting proposals from qualified firms to provide regular
landscape services for the maintenance of Lighting and Landscape Maintenance Districts
(LLMDs). Maintenance responsibilities will include maintenance of parks, medians,
parkways, slopes and trails within the LLMDs. LLMD 38 contains medians, parkways and
turf along major arterials. LLMD 39 contains 5 parks with approximately 7 developed
acres, 14.67 acres of slopes, 38.73 acres of brush and approximately four (4) miles of
hiking trails. LLMD 41 contains approximately 18,000 sf. of turf, 12 acres of slopes and 3
acres of brush.
The purpose of this maintenance contract is to provide the City of Diamond Bar with the
best landscape care to maintain the City at a level expected by the City’s residents, City
Council, City staff, and visitors of the community. The selected contractor will work closely
with the Maintenance Superintendent to ensure the most appropriate care and
maintenance of the City’s LLMDs.
It is the intent of the City to award a contract, in a form approved by the City Attorney, to
the selected firm (see Exhibit “C”). The City reserves the right to further negotiate the
terms and conditions of the contract. The City shall retain the right to reject any proposal
for noncompliance with contract requirements and provisions, or to not award a contract
because of unforeseen circumstances or if it is determined to be in the best interest of the
City. This contract will be awarded based on demonstrated ability and performance
providing similar services at a fair and reasonable cost. This contract may not be awarded
to the company submitting the proposal with the lowest costs. The City Council will
approve as part of the annual budget an annual contract amount. The City does not
guarantee a specific amount of work and the quantity of work may increase or decrease
depending on the annual needs of the City. The proposed contract will be for a period of
three (3) years commencing July 1, 2020, with the option, at the City’s sole discretion, to
award up to three (3) additional one-year extensions upon successful demonstration of
exemplary contract performance.
II. PROPOSAL SUBMISSION INSTRUCTIONS
Schedule
Post RFP: January 10, 2020
Mandatory Job walk: January 29, 2020 at 10:00am
Questions Due Date: February 6, 2020
Proposal Due Date: February 13, 2020 at 5:00pm
Tentative Award Date: June 2020
The Mandatory Job walk will be held at City Hall - 21810 Copley Drive. Diamond Bar CA
91765 on January 29, 2020 10:00am
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All proposals must be submitted via the City’s secure online bidding system (PlanetBids):
Thursday, February 13, 2020 no later than 5:00pm.
III. INQUIRIES/QUESTIONS
Contractors must carefully examine this RFP and any addenda that may be posted on
the City’s secure online bidding system (PlanetBids) prior to submission of their proposal.
Contractors must seek clarification of any ambiguity, conflict, omission or other error in
this RFP in writing via the City’s secure online bidding system prior to submission of their
proposal. If an answer materially affects the RFP, the information will be incorporated
into an addendum and distributed to all contractors via the City’s secure online bidding
system; no other contact shall be made by the City to contractors regarding addenda to
the RFP.
It shall be the contractor’s sole responsibility to check the City’s secure online bidding
system (PlanetBids) to determine if any addenda have been posted prior to the proposal
due date.
All questions shall be submitted via the City’s secure online bidding system (PlanetBids).
RFP Contact: Anthony Jordan, Maintenance Superintendent
Email: Ajordan@diamondbarca.gov
Address: 21810 Copley Drive, Diamond Bar, CA. 91765
IV. SELECTION PROCESS
Each proposal will be evaluated based on firm qualifications and the required submittals.
Firm selection will be made by utilizing the criteria described in this document. Each firm
will be evaluated on their qualification submissions. All firms will be notified as to the
results of this evaluation. The evaluation criteria used in the selection process includes,
but is not limited to, the following:
A. Quality & Completeness of Proposal
1. Relevance & Conciseness of Proposal and Statement of Qualifications
2. Work Statement and Quality Control Plan
B. Corporate Capability
1. Qualifications and experience of key personnel
2. Quantity and types of equipment
3. The ability of the firm to provide the proper insurance coverage
4. Financial ability of the firm to provide services to the City of Diamond Bar
5. Internal training program for employees.
6. Equipment
7. Greenwaste recycling capabilities
8. Requirement to execute City Contract per attached sample
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C. Reference Evaluation
1. Customer Service Record
2. Performance record of the firm relating to the Project Schedule of similar
scale
3. Quantity and Quality of work previously performed
4. References
D. Facility Evaluation
1. The firm’s customer service program
2. Equipment maintenance facility
3. The firm’s plan to recycle generated greenwaste from maintenance
activities.
G. Fee Schedule
1. An evaluation of the firm’s Fee Schedule
V. REQUIRED QUALIFICATIONS TO BE SUBMITTED WITH PROPOSAL
Award will be made to the firm who best meets the City’s requirements. All firms
submitting proposals must hold a valid State of California C-27 Contractor’s License.
Licenses must be in good standing without any official unresolved record of complaints
registered or filed with the Board or California Department of Consumer Affairs.
Proposals shall include a list of all key personnel that will be performing the work outlined
in the contract. Personnel must be qualified and trained in the landscape maintenance
industry. This will include the staffing of an on-site Superintendent who shall be fluent in
the English language. At all times during contracted landscape maintenance activities,
the firm shall have work crews on site that are represented by an English speaking
Superintendent who can receive and carry out instructions given by proper authorities.
The firm shall be held liable for the faithful observance of any lawful instructions of the
City, not in conflict with the contract, which may be delivered to said party or his
representatives on the work.
Proposals shall include a list of similar and separate Southern California municipal multi-
year landscape maintenance contracts which have been successfully completed within
the last five (5) years. Each project shall be of comparable size and scope of this project
(descriptions of these projects and contact persons must be provided with proposal
submission).
Proposals shall include a Quality Control Plan with an effective and efficient means of
identifying and correcting problems throughout the entire scope of operations. The
successful contractor shall be required to comply with this quality control throughout the
term of the contract. Contractors shall include with the proposal a copy of their current
Safety Manual that meets SB 198 requirements for injury and illness prevention.
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5
VI. SUBMITTALS
Firms wishing to have their proposals considered for this contract shall submit the
following, as a minimum:
A. Proposal form provided. See pages 7, 8 and 9.
B. A statement of firm’s qualifications applicable to this contract, including the
following:
1. State of California Contractor’s License number and expiration date, C-27.
2. Names, qualifications and proposed duties of key personnel to be assigned
to this project. The firm shall identify a full-time English speaking Site
Superintendent, who is capable of communicating with any City
representative and be authorized to act on behalf of the firm.
3. List of staff qualifications including but not limited to:
a. California State Licensed Pest Control Advisor employed by the firm.
b. California State Licensed Pest Control Applicator employed by the
firm.
c. Irrigation Technicians.
4. Technical ability and experience similar in scope to this contract.
5. Statement of past project disqualification(s) and litigation.
6. Quality Control Plan.
7. Customer Service Program.
8. Safety Training Program.
9. Industrial Safety Record.
10. Letters of Reference.
C. A description of previous experience, including projects of similar nature.
D. A detailed description of the proposed services to be performed along with
schedules, list of key personnel, and vehicles that would be required to complete
this project.
E. Affirmative statement of compliance with indemnity and insurance.
F. Affirmative statement of willingness to sign City Contract (See Exhibit “C”).
G. A written description of the firm’s plan to report greenwaste generated and the
method for its disposal.
H. The firm must submit a proposed Quality and Cost Control Plan to enhance the
service and responsiveness to the City. It should include the following:
1. The methodology in which the firm will handle complaints from the public
and damage to public & private property
2. Effective means to correct problems.
3. The means the firm will use for completing the project
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I. Corporate and Financial Capability. The contractor shall be required to
demonstrate to the satisfaction of the City that they have adequate financial
resources to perform the services required by these specifications. No contract will
be awarded to any contractor who, as determined by the City, has an
unsatisfactory performance record or inadequate experience, or who at any time
lacks the necessary financial resources to provide the services in strict accordance
with the specifications.
VII. INSPECTION OF SITE
Prior to submitting a proposal, Contractors must familiarize themselves with the work
contemplated in the contract, and be responsible for any condition which adequate field
inspection would have revealed. Submission of a proposal shall be deemed conclusive
evidence that such examination has been made by each Contractor and shall constitute
a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or
combination thereof, under the executed Agreement, or any revision thereof.
The work to be done consists of furnishing all materials, equipment, transportation, tools,
labor, and incidentals to provide Landscape Maintenance Services detailed in this
contract as outlined throughout this proposal.
This contract may be broken up by logical Bid Items and awarded to one or more
contractors.
VIII. SCOPE OF WORK
Contractor shall perform services as listed in EXHIBIT A Specifications for the
Maintenance of Lighting and Landscape Maintenance Districts 38, 39, and 41.
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PROPOSAL FORM
LANDSCAPE MAINTENANCE SERVICES
The undersigned as proposer declares that he has carefully examined each location of
the proposed work, that he has examined the Specifications and read the accompanying
instructions to proposers, and hereby proposes and agrees, if the proposal is accepted,
to furnish all labor and equipment and do all work required by Specifications and
Agreement.
Name of Company: _____________________________________________________
Address: ______________________________________________________________
Phone/fax: ____________________________________________________________
Contact Person: ________________________________________________________
Years in business: ______________________________________________________
The undersigned proposer further understands that the City of Diamond Bar, California
reserves the right to award all or any part of this bid without any obligation to the City. The
City also reserves the right to waive any informality in proposals.
Name of Contractor
________________________ By: ___________________ Date: ___________
Print Signature of Contractor
Contract pricing for years one (1) through three (3) must be firm fixed pricing. Pricing for
subsequent contract renewals will be limited to the Consumer Price Index (CPI) for any
such proposed price adjustment and shall not exceed the Bureau of Labor Statistics
Consumer Price Index (CPI) data for Los Angeles-Riverside-Orange County, California,
All Items, Not Seasonally Adjusted, “annualized change comparing the original proposal
month and the same month in the subsequent year. (March-March comparison).
The Contractor shall submit its request in writing, to be received by the City in person or
via certified mail a minimum of 60 days prior to the proposed adjustment date.
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LLMDs and LLMD Parks Maintenance Services
Bid Item 2
Location Address Monthly Cost
LLAD 38 Various
Bid Item 3
Location Address Monthly Cost
LLAD 39- (All Other
Locations Not Included in
Bid Item 1).
Various
Bid Item 4
Location Address Monthly Cost
LLAD 41 Various
Bid Item 1
Park/Location Address Cost
1. Longview Park South-
LLMD 39
1631 Longview Dr.
2. Longview Park North-
LLMD 39
1071 Longview Dr.
3. Stardust Park- LLMD
39
1323 Stardust Dr.
4. Silvertip Park and Trail-
LLMD 39
904 Longview Dr.
5. Summitridge Mini Park-
LLMD 39
1309 Summitridge Dr.
6. All Trails- LLMD 39 Various
TOTAL MONTHLY COST
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Alternate
Bid Item 5
Location Address Annual Cost
LLAD 39- Fire Protection
Areas Only
Various
Bid Item 6
Location Address Annual Cost
LLAD 41- Fire Protection
Areas Only
Various
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City of Diamond Bar LLMD 38, 39 & 41 Maintenance
Exhibit A
Specifications for the Maintenance of:
Lighting and Landscape Maintenance District No. 38
Lighting and Landscape Maintenance District No. 39
Lighting and Landscape Maintenance District No. 41
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City of Diamond Bar L.L.M.D. SP 1 City-Wide Landscape Maintenance
SPECIFICATIONS FOR THE PROVISION OF
LANDSCAPE AND APPURTENANT MAINTENANCE SERVICES FOR
SPECIAL LANDSCAPE MAINTENANCE DISTRICTS
1. SCOPE OF THE WORK AND CONTRACT
1.01 The work to be done under these specifications shall include the
furnishing of all labor, material and equipment necessary for the provision
of landscape and appurtenant maintenance services as set forth in these
specifications including the exhibits attached hereto within the boundaries
of the Special Districts and as said boundaries may have been heretofore
or may be hereafter altered.
1.02 The foregoing work shall be done in a thorough and workmanlike manner
under the direction and to the satisfaction of the Maintenance
Superintendent of the Public Works Department. The premises shall be
maintained at the level of service provided for in these specifications at all
times.
1.03 The Contractor shall have the exclusive duty, right and privilege to mow,
edge, trim, overseed, reseed, fertilize, aerate, irrigate, hand water and
bleed valves as necessary during emergencies when automatic systems
are not functioning, prune, trim, and renovate turf and shrub areas
designated hereunder, as well as to provide weed control, disease control,
tree maintenance within the District, maintenance of sprinkler systems
including backflow prevention devices, repair of walkways, pumps and the
necessary maintenance of any appurtenant structures and equipment.
1.04 In return for the exclusiveness of said Contract and the other
considerations provided for herein, the Contractor agrees to provide the
landscape and appurtenant maintenance services within said District
without any further compensation except as otherwise specifically
provided for in the contract and/or specifications.
1.05 The Contractor shall not work or perform any operations, particularly
during periods of inclement weather, which may destroy or damage plant,
groundcover or turf areas.
1.06 The Contractor shall, during the specified hours and days of operation,
respond to all emergencies within two (2) hours of notification.
1.07 The Contractor shall perform a maintenance inspection weekly during
daylight hours of all areas within the premises. Such inspection shall be
both visual and operational. It, shall include operation of all irrigation,
lighting and other mechanical systems to check for proper condition and
reliability.
1.08 The term Maintenance Superintendent as used in these specifications
shall mean Maintenance Superintendent of the Public Works Department
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City of Diamond Bar L.L.M.D. SP 2 City-Wide Landscape Maintenance
or his authorized representative(s).
2. AREAS TO BE MAINTAINED
2.01 There are hiking trails, medians, parkway panels, cul-de-sac islands,
village greens, adjacent roadway slopes, open space lots, linear
greenbelts, passes, fire protection slope areas, gate entry areas, creek
beds, semi-natural, and natural areas with turf, plants, trees, and ground
cover which are irrigated by manual and/or an electrically controlled
automatic systems.
2.02 Surface drains (“V ditches) in the natural areas of the District are included
as an area to be maintained by the contractor under these specifications.
2.03 An identification of the areas to be maintained is provided in Exhibit A
attached to these specifications.
2.04 The bidder, before submitting his bid, shall visit all existing areas to be
maintained and inform himself fully as to all conditions that might affect the
work specified.
2.05 Estimated square footage by district is provided for all areas to be
maintained on the attached Exhibit A. However, it is the responsibility of
the Contractor to verify by inspection and to observe the various slope
characteristics.
3. CERTIFICATIONS/REPORTS
3.01 Certification
Contractor shall complete the attached Landscape Maintenance
certification form designated Exhibit B and shall submit same to
Maintenance Superintendent concurrent with the monthly invoicing. The
monthly payment to the Contractor will not be made until such report has
been received by the Maintenance Superintendent.
3.02 In addition, when applicable, Contractor shall submit with the monthly
invoice and Landscape Maintenance certification form, a report indicating,
for those specialty type maintenance operations completed, the quantity
and complete description of all commercial and organic fertilizer, grass
seed and soil amendments used and a valid licensed California Pest
Control Advisor’s recommendation and copies of corresponding pesticide
use report signed by a licensed California Pest Control Operator for all
chemical disease and pest control work performed.
3.03 Maintenance Function Report
Contractor shall maintain and keep current a report form that records all
on going, Seasonal, and Additional Work, maintenance functions
performed on a daily basis, by Contractor’s personnel. Said report shall be
in a form and content acceptable to the Maintenance Superintendent and
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City of Diamond Bar L.L.M.D. SP 3 City-Wide Landscape Maintenance
shall be submitted to Maintenance Superintendent concurrent with the
monthly invoicing. The monthly payment will not be made until such report
is received by the Maintenance Superintendent.
4. ADDITIONAL WORK
4.01 The Maintenance Superintendent may at his discretion authorize the
Contractor to perform additional work, in accordance with the provisions of
the contract including but not limited to, repairs and replacements when
the need for such work arises out of extraordinary incidents such as
vandalism, Acts of God, and third party negligence; or improvements in
order to add new, modify existing or to refurbish existing landscaping and
irrigation systems as provided for in the contract authorizing the provision
of those services.
4.02 Prior to performing any additional work, the Contractor shall prepare and
submit a written description of the work with an estimate of labor and
materials. No work shall commence without the written authorization from
the Maintenance Superintendent. Not withstanding the above
authorization, when a condition exists wherein there is imminent danger of
injury to the public or damage to property, the Maintenance
Superintendent May verbally authorize the work to be performed upon
receiving a verbal estimate from the Contractor. However, within twenty-
four (24) hours after receiving a verbal authorization, the Contractor shall
submit a written estimate to the Maintenance Superintendent for approval.
4.03 All additional work shall commence on the specified date established and
Contractor shall proceed diligently to complete said work within the time
allotted.
4.04 Contractor may also be requested to provide casual labor services for City
Special Events, City emergencies or for other events and activities as
approved by the Maintenance Superintendent.
5. CONTRACTOR’S LIABILITY
5.01 All damages incurred to existing improvements located within areas under
maintenance which in the City’s opinion are due to the Contractor’s
operation shall be repaired or replaced at the Contractor’s expense.
5.02 All such repairs or replacements shall be completed within the following
time limits.
a. Irrigation damage shall be repaired or replaced within one watering
cycle.
b. All damages to shrubs, trees, turf or groundcover shall be repaired
or replaced within five (5) working days.
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City of Diamond Bar L.L.M.D. SP 4 City-Wide Landscape Maintenance
5.03 All repairs and/or replacements shall be completed in accordance with the
following maintenance practices.
a. Trees - Minor damage such as bark lost from impact of mowing
equipment shall be remedied by a qualified tree surgeon or
arborist.
- If damage results in loss of a tree, the damaged tree shall be
removed and replaced to comply with the specific instructions of
Maintenance Superintendent.
b. Shrubs - Minor damage may be corrected by appropriate pruning.
- Major damage shall be corrected by removal of the damaged
shrub and replacement to comply with the provisions in Section 18
of these Specifications.
c. Chemicals - All damage resulting from chemical operation, either
spray-drift or lateral-leaching, shall be corrected in accordance with
the aforementioned maintenance practices and the soil conditioned
to ensure its ability to support plant life.
6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS
6.01 Should any misunderstanding arise; the Maintenance Superintendent will
interpret the Agreement. If the Contractor disagrees with the interpretation
of the Maintenance Superintendent, he shall continue with the work in
accordance with the Maintenance Superintendent’s interpretation. Within
thirty (30) days after receipt of the interpretation, he may file a written
request for a hearing before a Disputes Review Panel as provided herein.
The written request shall outline in detail the area of dispute.
6.02 The Disputes Review Panel will be appointed by the Maintenance
Superintendent and will be composed of not less than three Non-City
personnel having experience in the administration of Landscape
maintenance contracts. The panel will convene within one (1) week of
appointment in order to hear all matters related to the dispute. The hearing
will be informal and formal rules of evidence will not apply. The Panel will
submit its recommendation to the Maintenance Superintendent, for his
consideration, within one (1) week following the conclusion of the hearing.
The Maintenance Superintendent shall render an interpretation based
upon his review of the Panel’s recommendation. The Maintenance
Superintendent’s decision shall be final.
7. OFFICE OF INQUIRIES AND COMPLAINTS
7.01 The Contractor shall maintain an office at some fixed place and shall
maintain a telephone there at, listed in the telephone directory in his own
name or in the firm name by which he is most commonly known, and shall,
at all times, have some responsible person (s), employed by the
Contractor, to take the necessary action regarding all inquiries and
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City of Diamond Bar L.L.M.D. SP 5 City-Wide Landscape Maintenance
complaints that may be received from property owners and tenants within
said District or from the Maintenance Superintendent. This person(s) shall
be reachable 24 hours per day. An answering service shall be considered
an acceptable substitute to full time coverage, provided Contractor is
advised of the complaint within one (1) hour of receipt of complaint by the
answering service. The telephone of said Contractor shall be on the
exchange or exchanges of said District(s) or a toll-free number, and in no
case shall the people of said District(s) be required to pay a toll charge to
telephone said Contractor. During normal working hours, the Contractor’s
Foreman or employee of the Contractor, who is responsible for providing
maintenance services shall be available for notification through telephone
communication.
7.02 Whenever immediate action is required to prevent impending injury, death
or property damage to the facilities being maintained, City may, after
reasonable attempt to notify the Contractor cause such action to be taken
by the City work force and shall charge the cost thereof as determined by
the Maintenance Superintendent, against the Contractor, or may deduct
such cost from any amount due to Contractor from City.
7.03 The Contractor shall maintain a written log of all complaints, the date and
time thereof and the action taken pursuant thereto or the reason for non-
action. The log of complaints shall be open to the inspection of the
Maintenance Superintendent at all reasonable times.
7.04 All complaints shall be abated as soon as possible after notification; but in
all cases within 24 hours, to the satisfaction of the Maintenance
Superintendent. If any complaint is not abated within 24 hours, the
Maintenance Superintendent shall be notified immediately of the reason
for not abating the complaint followed by a written report to the
Maintenance Superintendent within five (5) days. If the complaints are not
abated within the time specified or to the satisfaction of the Maintenance
Superintendent, the Maintenance Superintendent may correct the specific
complaint and the total cost incurred by the City will be deducted and
forfeited from the payments owing to the Contractor from the City.
8. SAFETY
8.01 Contractor agrees to perform all work outlined in these specifications in
such a manner as to meet all accepted standards for safe practices during
the maintenance operation and to safely maintain equipment, machines,
and materials or other hazards consequential or related to the work; and
agrees additionally to accept the sole responsibility for complying with all
local, County, State or other legal requirements including but not limited
to, full compliance with the terms of the applicable O.S.H.A., CAL.
O.S.H.A. and NIOSHA Safety orders at all times so as to protect all
persons, including Contractor’s employees, agents of the City, vendors,
members of the public or others from foreseeable injury, or damage to
their property. Contractor shall inspect all potential hazards at said areas
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under maintenance and keep a log indicating date inspected and action
taken.
8.02 It shall be the Contractors responsibility to inspect, and identify, any
conditions that renders any portion of the areas under maintenance
unsafe, as well as any unsafe practices occurring thereon. The
Maintenance Superintendent shall be notified immediately of any unsafe
condition that requires major correction. Contractor shall be responsible
for making minor corrections, including but not limited to, filling holes in
turf areas and paving, replacing valve box covers, and securing play
apparatus, if any, so as to protect members of the public or others from
injury. Contractor shall cooperate fully with City in the investigation of any
accidental injury or death occurring on the premises, including a complete
written report thereof to the Maintenance Superintendent within five (5)
days following the occurrence.
9. HOURS AND DAYS OF MAINTENANCE SERVICE
9.01 Hours of maintenance service shall be either 6:00 a.m. to 2:30 p.m. or
6:30 a.m. to 3:00 p.m. on those days’ maintenance is to be provided for a
Special District pursuant to the work schedule approved in advance by the
Maintenance Superintendent.
9.02 Contractor shall provide on-site staffing at the prescribed hours five (5)
days per week, Monday through Friday at the Special Districts indicated
on the work schedules approved in advance by the Maintenance
Superintendent. Contractor shall provide on-site staffing at the prescribed
hours seven (7) days per week, Sunday through Saturday at all park sites.
Any changes in the days and hours of operation heretofore prescribed
shall be subject to prior written approval by the Maintenance
Superintendent.
9.03 Per State of California Labor Code, Contractor is directed to the following
prescribed requirement with respect to the hours of employment. Eight (8)
hours of labor under this Agreement shall constitute a legal day’s work
and said Contractor shall not require or permit any laborer, worker or
mechanic, or any subcontractor employed by him to perform any of the
work described herein to labor more than eight (8) hours during any one
day or more than forty (40) hours during any one calendar week, except
as authorized by Labor Code Section 1815, under penalty of paying to the
City the sum of Twenty-five Dollars ($25.00) for each laborer, worker or
mechanic employed in the execution of said Agreement by him, or any
subcontractor under him, upon any of the work included in said
Agreement for each calendar day during which such laborer, worker or
mechanic is required or permitted to labor more than eight (8) hours in any
one calendar day or forty (40) hours in any one calendar week, in violation
of the provision of Section 1811 to 1815, inclusive, of the Labor Code of
the State of California.
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10. MAINTENANCE SCHEDULES
10.01 Contractor shall provide a work schedule for the Districts to be maintained
which shall be submitted to the Maintenance Superintendent within ten
(10) days after the effective date of this Agreement for his approval.
10.02 The Contractor shall submit revised schedules when actual performance
differs substantially from planned performance. Said revisions shall be
submitted to the Maintenance Superintendent within five (5) working days
prior to scheduled time for the work.
10.03 The above provisions are not construed to eliminate the Contractor’s
responsibility in complying with the requirement to notify the Maintenance
Superintendent for Specialty Type maintenance as set forth immediately
hereinafter.
10.04 Contractor shall notify the Maintenance Superintendent, in writing, at least
two (2) weeks prior to the date and time of all “Specialty Type”
maintenance operations, “Specialty Type” operations are defined as:
a. Fertilization
b. Turf aerification
c. Turf renovation/verticutting
d. Turf reseeding
e. Spraying of trees, shrubs or turf
f. Pruning trees and shrubs
g. Other items as determined by the Parks and Maintenance
Superintendent
Said “Specialty Type” maintenance services shall be performed in
compliance with an approved specialized maintenance program prepared
by Contractor. Failure to complete special services in accord with the
schedules set forth in the specialized maintenance program will result in
the Contractor becoming liable to the City for liquidated damages ($100
per day) without written notice commencing automatically upon the first
day following the final date such work was to be completed.
11. CONTRACTOR’S STAFF
11.01 The Contractor shall provide sufficient personnel to perform all work in
accordance with the specifications set forth herein. All of the Contractor’s
maintenance personnel shall be supervised by a qualified, English
speaking, Foreman in the employ of the Contractor.
11.02 Contractor shall transfer or discharge any employee whose conduct or
activity shall, in the reasonable exercise of discretion by the Maintenance
Superintendent, be deemed detrimental to the interest of the public
patronizing the premises. Contractor shall transfer or discharge any such
person within a reasonable time following notice therefore from the
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City of Diamond Bar L.L.M.D. SP 8 City-Wide Landscape Maintenance
Maintenance Superintendent and such person shall not
be employed at any other City District area of maintenance contracted for
and maintained by, the Contractor.
11.03 Maintenance Superintendent may require the Contractor to establish an
identification system for personnel assigned to an area of maintenance
which clearly indicates to the public the name of the Contractor
responsible for the landscape and appurtenant maintenance services. The
identification system shall be furnished at the Contractor’s expense and
may include appropriate attire and/or name badges as specified by the
Maintenance Superintendent.
11.04 The Contractor shall require each of his employees to adhere to basic
public works standards of working attire. These are basically; uniforms,
proper shoes and other gear required by State Safety Regulations, and
proper wearing of the clothing. Shirts, shall be worn at all times and
buttoned.
12. SIGNS/IMPROVEMENTS
12.01 Contractor shall not post signs or advertising matter upon the areas under
maintenance or improvements thereon, unless prior written approval
therefore is obtained from the Maintenance Superintendent.
13. UTILITIES
13.01 The City shall pay for all utilities. However, water usage shall not exceed
amount required to comply with irrigation schedules established by the
Contractor and approved by the Maintenance Superintendent. Contractor
shall pay for all excessive utility usage due to Contractor’s failure to
monitor irrigation system malfunctions or unauthorized increases in the
frequency of irrigation. The excess cost will be determined by comparing
current usage with historical usage for the same time period. The excess
cost factor, to be deducted from payments to Contractor from City will be
presented to the Contractor by the Maintenance Superintendent prior to
actual deduction to allow for explanations.
14. NON-lNTERFERENCE
14.01 Contractor shall not interfere with the public use of the premises and shall
conduct its operations as to offer the least possible obstruction and
inconvenience to the public or disruption to the peace and quiet of the
area within which the services are performed.
15. STORAGE FACILITIES
15.01 City shall not provide any storage facilities for the Contractor.
16. TURF CARE
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City of Diamond Bar L.L.M.D. SP 9 City-Wide Landscape Maintenance
16.01 The Contractor shall perform at his sole expense the following services:
a. Mowing - Turf to be mowed with an adequately sharpened rotary or
reel type mower, equipped with rollers, to ensure a smooth surface
appearance without scalping. All warm season grasses (Bermuda,
St. Augustine, and Kikuyu) to be cut at a 1-inch height throughout
the year. All cool season grasses (Blue Grass and Fescues) to be
cut at 2 1/2 inches during April through November and at 2 inches
during December to March of each year. The mowing heights will
be adjusted by the Maintenance Superintendent during periods of
renovation. All grass clippings will be collected and removed from
the site on the same day the area is mowed. Notwithstanding the
previous statements, use of a mulching type mower that deposits
finely ground clippings in place is authorized and encouraged
(large clumps of clippings must be removed). A mowing schedule
will be established and maintained. This schedule will provide that
all areas will be mowed not less than once a week during the warm
season of April to November and once every two weeks during the
cool season of December to March. This schedule will be
submitted to the Maintenance Superintendent for approval.
b. Edging - With each cutting the edge of the grass along sidewalks,
curbs, shrub and flower beds, and walls shall be trimmed to a neat
and uniform line. Such edging shall be done with a power edger
with a rigid blade. Where trees and shrubs occur in turf areas, all
grass shall be removed 6 inches from the trunks of trees and away
from the drip line of shrubs by use of power scythe, approved
chemicals, or small mowers as required. Trim around all sprinkler
heads as necessary in order to provide maximum water coverage.
Edging will be done concurrent with each mowing. The edge of the
turf shall be trimmed around value boxes, meter boxes, backflow
devices or any structures located within the turf areas. All turf
edges are to be maintained to prevent grass invasion into adjacent
shrub, flower, and ground cover bed areas. All clippings shall be
removed from site the same day area is edged. After mowing and
edging is completed all adjacent walkways are to be swept clean by
power blower.
c. Weed Control - Control turf weeds as needed and in accordance
with the specialized maintenance program. Hand removal of
noxious weeds or grasses will be required as necessary.
d. Insect/Disease Control - Eliminate all insect or disease affecting turf
areas as they occur.
e. Aerating - Aerate all turf areas four (4) times annually in
accordance with the specialized maintenance program. Aerate all
turf by using 1/2-inch tines removing 4-inch cores of sod with an
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aerator machine at not more than 6-inch spacing once over.
Maintenance Superintendent is to be notified at least two (2) weeks
prior to the exact date of aerating.
f. Thatch Removal - Renovate all warm season grasses to the soil
line and verticut all cool season grasses once annually prior to the
overseeding operation to be performed in the fall of each year.
Equipment will consist of standard renovating or vertical mowing
types. Maintenance Superintendent is to be notified at least two (2)
weeks prior to the exact date of renovation.
g. Irrigation - Irrigation, including hand-watering and bleeding of
valves during an emergency situation, as required to maintain
adequate growth rate and appearance and in accordance with a
schedule most conducive to plant growth. Contractor to provide
Maintenance Superintendent with monthly written irrigation
schedule on form provided for this purpose. Maintenance
Superintendent shall have the ability to change the irrigation
schedule as the need develops.
Adequate soil moisture will be determined by programming the
automatic sprinkler controllers as follows:
(1) Consideration must be given to the soil conditions, seasonal
temperatures, wind conditions, humidity, minimizing runoff
and the relationship of conditions which affect day and night
watering. This may include daytime watering during winter
weather to prevent icy conditions and manual operation of
the irrigation system during periods of windy or inclement
weather. During freezing, rainy and/or windy conditions,
automatic irrigation will be discontinued.
(2) In areas where wind creates problems of spraying water
onto private property or road rights-of-way, the controllers
shall be set to operate during the period of lowest wind
velocity which would normally occur at night (between the
hours of 7:00 p.m. and 6:00 a.m.).
(3) The Contractor shall be responsible for monitoring all
systems within the jurisdiction of this specification and
correct for: coverage, adjustment, clogging of lines, and
removal of obstacles, including plant materials which
obstruct the spray.
(4) Check systems daily and adjust and/or repair any sprinkler
heads causing excessive runoff, including slope areas, or
which throw directly onto roadway paving or walks (where
sprinkler heads can be adjusted) within the District.
(5) All controllers shall be adjusted on a weekly basis
considering the water requirements of each remote-control
valve (sprinkler station).
(6) Irrigation system will be controlled by Contractor in such a
way as not to cause an excessively wet area which could
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interfere with the Contractor’s ability to mow all turf.
(7) The Contractor shall observe and note any deficiencies
occurring from the original design and review these findings
with the Maintenance Superintendent, so necessary
improvements can be considered.
(8) Contractor shall repair or replace all leaking or defective
valves immediately upon occurrence, or within twenty-four
(24) hours following notification from the Maintenance
Superintendent of such a deficiency.
(9) A soil probe shall be used to a depth of twelve (12) inches to
determine the water penetration by random testing of the
root zones.
(10) Contractor shall file a monthly statement with the
Department of Public Works certifying that all irrigation
systems are functioning properly and provide a monthly
irrigation schedule for the succeeding month.
(11) Contractor shall also be required to file a yearly certification
with the Department of Health Services and/or Walnut Valley
Water District that all backflow prevention devices on the
irrigation systems are operating in accordance with the
requirements established by the Los Angeles County Health
Services Department and/or Walnut Valley Water District. It
will be the responsibility of the Contractor to repair and
replace when necessary, subject to the provisions of Section
21 hereunder, all backflow prevention devices at his sole
expense. Said certification shall be completed within thirty
(30) days upon notification from the Department of Health
Services and/or Walnut Valley Water District that said
certifications are due.
h. Fertilization - Apply fertilizers so as to provide sufficient
nitrogen and other basic nutrients on a regular basis to
maintain the turf in a healthy condition, or as directed by the
Maintenance Superintendent. Fertilizer will be applied as
often as required to maintain deep green color at all
times. The type of turf and time of year will determine the
type of fertilizer used. The frequency of application will
greatly depend on the amount of leaching caused by excess
use of water. The type of fertilizer used and frequency
applied shall be recorded. Coordinate all fertilizer
applications with the Maintenance Superintendent.
Contractor shall use only dry pelletized fertilizers unless
otherwise approved by the Maintenance Superintendent.
Applications shall be in accordance with the manufacturer’s
specifications. All applications shall be recorded and
specifically identified on the contractor’s maintenance
schedule indicating the fertilizer used and frequency applied.
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When applying fertilizer granules, every precaution shall be
taken to contain material in the planting areas. Contractor
will be responsible for removing all fertilizer stains from
concrete caused by application.
Turf Reseeding - Contractor shall once each year in fall, at
contractor’s sole expense, overseed all turf after aerification
and overseed all bare spots as needed throughout the
remainder of the year to re-establish turf to an acceptable
quality. When Contractor reseeds turf, he will aerify,
renovate or verticut, seed and mulch (spread evenly over the
entire area to a uniform depth of 1/4 inch) in this sequence.
The Maintenance Superintendent may require the use of sod
when deemed necessary. Contractor shall be entitled to
additional compensation for the cost of the sod only provided
loss of turf was not due to the negligence of the Contractor.
Overseeding shall be sown at a rate of five (5) pounds per 1,
000 square feet and reseeding of bare areas shall be sown
at a rate of eight (8) pounds per 1,000 square feet with a City
approved grass seed. Coordinate seed type with City. In
addition, on sports fields, hulled Bermuda grass seed (at
least 48% pure seed) at a ratio of 2:1 of the approved seed
shall be added.
17. SHRUB AND GROUNDCOVER CARE
17.01 The Contractor shall perform at his sole expense the following services:
a. Pruning - Prune shrubbery during the month of January through
March to encourage healthy growth habits and for shape and
appearance with the exception of roses which shall be pruned no
later than January. All shrubs shall be free of dead wood, weak,
diseased, insect infested and damaged limbs at all times. Remove
all clippings the same day shrubbery is pruned.
b. Trimming - Restrict growth of shrubbery and ground covers to area
behind curbs and walkways, and within planter beds by trimming,
as necessary, or upon written notice by the Maintenance
Superintendent.
c. Renovation - Renovate ground covers according to prescribed
practices in the industry as needed to maintain a healthy vigorous
appearance and growth rate.
d. Disease and Insect Control - Maintain free of disease and insects
and treat when needed pursuant to section 20.
e. Weed Control - All ground cover and shrub beds are to be kept
weed free at all times. Methods for control can incorporate one or
all three of the following
(1) Hand removal.
(2) Cultivation.
(3) Chemical eradication.
f. Fertilization - Apply fertilizer at least two (2) times per year (during
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the months of March and April, and September and October) to
provide a healthy color in all plants with foliar feedings if applicable.
Contractor will cultivate around plants where needed. Fertilizer
should be a balanced inorganic 10-6-4 ratio with trace elements.
The Contractor shall provide the Maintenance Superintendent with
a fertilization schedule, with two (2) weeks notification prior to the
proposed fertilization.
g. Irrigation - Irrigate including hand watering and bleeding of valves
in emergency situations where automatic systems are not
functioning as required to maintain adequate growth rate and
appearance. Section 16, Paragraph g, concerning irrigation
practices shall apply to shrubs and ground covers.
h. Shrub and Ground Cover Replacement - All damaged, diseased
(untreatable) or dead shrubs and ground covers will be replaced
with the exact same material that existed and of similar size as
required by the Maintenance Superintendent unless otherwise
notified by the Maintenance Superintendent in writing. Substitutions
for any plant materials must have prior approval in writing by the
Maintenance Superintendent. Original plans and specifications
should be consulted to determine correct identification of species.
All shrubs shall be guaranteed to live and remain in healthy
condition for no less than six (6) months from the date of
acceptance of the job by the Maintenance Superintendent.
18. TREE CARE
18.01 The Contractor at his sole expense shall perform the following services:
a. Tree Maintenance -
(1) Contractor shall be responsible for the pruning, shaping and
removal of trees under 15’ in height. The Contractor shall inform the
Maintenance Superintendents office of any damaged or diseased
trees or any trees that pose a threat to adjacent concrete, walls or
property.
(2) All trees shall be maintained free of all dead, diseased and
damaged branches back to the point of breaking. Cuts must be
made flush with the parent limb or trunk to promote proper healing.
All sucker growth is to be removed from trees as it occurs.
(3) Maintain seven (7) foot clearance for branches overhanging
walks and fourteen (14) foot clearance for branches overhanging
beyond curb line into the paved section of streets where applicable.
(4) Control insects and diseases as needed pursuant to the
provisions of Section 19.
(5) Stake and support all replacement trees and replace stakes
which have been broken or damaged on existing trees as required.
(a) Tree stakes shall be pentachlorophenol treated lodge
pole pine not less than eight (8) feet in length for five (5)
gallon size trees and not less than ten (10) feet for fifteen
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(15) gallon trees sizes (two (2) per tree).
(b) Guy wires where required and plant ties will be of pliable,
zinc-coated ten (10) gauge wire two (2) ties per tree.
(c) Tree ties shall be “Cinch Tie” tree supports or approved
equivalent.
(d) Stakes will not be placed closer than eight (8) inches
from trunk of the tree.
(e) Stakes and ties will be placed so no chafing of bark
occurs and shall be checked frequently and retied to
prevent girdling.
b. Fertilization - Apply fertilizer within drip line at least once per year
(during the months of March - April) to provide a healthy color in all
plants. Fertilizer should be a balanced inorganic 10-6-4 ratio with
trace elements. The Contractor shall provide the Maintenance
Superintendent with two (2) weeks notification prior to the fertilizer
application.
c. Irrigation – Irrigation will be programmed in conjunction with
automatic controllers or manual control valves servicing turf or
ground cover and shrub areas in accordance with the requirements
of Section 16, Paragraph G.
d. Permits – If a permit is required for tree pruning, City Department of
Public Works will obtain permit prior to commencement of work by
Contractor.
e. Tree Replacement - All trees permanently damaged by any means
will be replaced with the identical species of tree existing
previously, unless otherwise notified in writing by the Maintenance
Superintendent. The need for and the size of replacement will be
determined by the Maintenance Superintendent at the monthly
maintenance inspection meeting or upon written notification. Size of
the replacement shall be of a like size not to exceed a 36-inch box
specimen container size. Substitutions will require prior written
approval by the Maintenance Superintendent. Original plans and
specifications should be consulted to insure correct identification of
species.
f. Olive Tree Spraying - Ornamental olive trees shall be sprayed to
prevent fruit set by use of Maintain. Two applications shall be
required 7-10 days apart. The first application shall be applied
when 1/2 to 3/4 of the olive blooms are open (sometime between
April 1 and May 10). Both spray applications shall be put on using a
power sprayer with a minimum of 150 p.s.i. pressure.
19. USE OF CHEMICALS (PESTICIDES) AND DISEASE AND PEST CONTROL
19.01 The Contractor shall perform at his sole expense the following services:
a. Disease, insect and pest control tasks described previously in turf,
shrub/ground cover and tree care specifications.
b. Control of weeds, insects and pests in the District areas,
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landscaped or natural, that may have an immediate adverse effect
on adjacent private property.
19.02 Chemical use shall be controlled by the contractor per the following:
a. Chemical Application - All work involving the use of chemicals will
be accomplished by a State of California licensed pest control
operator. A written recommendation by a person possessing a valid
California Pest Control Advisor License is required prior to chemical
application.
b. Permits- All chemicals requiring a special permit for use must be
registered by the Contractor with the County Agricultural
Commissioner Office and a permit obtained with a copy to the City
Department of Public Works prior to use. A copy of all forms
submitted to the County Agricultural Commissioner shall be given
to the Maintenance Superintendent on a timely basis.
c. Compliance with Regulations - All regulations and safety
precautions listed in the ‘Pesticide Information and Safety Manual
published by the University of California will be adhered to.
d. Pest Control – Control of ground squirrels, gophers, and other
burrowing rodents by trapping and/or eradication will be provided
by the Contractor at his sole expense. Whenever holes are visible
upon the surface, these holes shall be filled and securely tamped
by contractor to avoid moisture runoff entering the holes. This
procedure shall be followed in all areas especially within all slope
areas.
20. GENERAL CLEAN-UP
20.01 The Contractor shall perform at his sole expense the following services:
a. Trash Removal - Remove all trash and accumulated debris from
site.
b. Policing of Areas - All areas under maintenance and other
designated areas will have above identified trash removed daily,
seven days per week throughout the year.
c. Concrete/Asphalt Median Strip Maintenance - Contractor is
responsible for weed and grass removal within concrete/asphalt
median strip areas, if any, at all times.
d. Curb and Gutter Maintenance - Contractor is responsible for
removal of weeds and grass from curb and gutter expansion joints
at all times.
e. Walkway Maintenance - Walkways, if any, will be cleaned
immediately following mowing and edging and cleaned by use of
power sweeping or blower equipment not less than once per week.
This includes removal of all foreign objects from surfaces such as
gum, dog feces, grease, paint, graffiti, etc. All walkway cracks and
expansion joints shall be maintained weed and grass free at all
times.
f. Drain Maintenance - All drains, “V’ ditches and catch basins shall
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be free of siltation and debris at all times.
g. Removal of Leaves - Accumulations of leaves shall be removed
from all areas not less than once per week.
h. Trash Containers in Mini-Parks - All trash containers in mini-parks
shall be emptied daily, seven days per week, throughout the year,
and removed from the site.
21. IRRIGATION SYSTEM MAINTENANCE OR REPAIR
21.01 All irrigation systems within the District areas designated in this
specification will be repaired and maintained as required for operation, by
the Contractor at his sole expense in the following manner:
a. Scope of Responsibility - The Contractor shall maintain (repair or
replace as needed) and keep operable all irrigation equipment
consisting of sprinkler heads, valves, lines, quick couplers, risers,
automatic controllers, batteries, and backflow prevention devices.
This paragraph does not require the Contractor to make a complete
piping replacement of the system.
b. Replacement Requirements - Replacements will be of original
materials or substitutes approved by the Maintenance
Superintendent in writing prior to any installation.
c. Extent of Responsibility - The Contractor will be responsible for
immediate maintenance (repair or replacement) of all irrigation
systems. Contractor will be responsible at all times for hand
watering and the bleeding of valves in emergency situations as
required to sustain and prevent loss of turf trees, plants, and
ground covers when automatic systems are not functioning. The
replacement Section 21 requirements to be provided by the
Contractor shall be the normal deterioration, wear and tear, or
negligence upon the part of the Contractor. The replacement
required by Section 21 caused by extraordinary incidents of
vandalism, acts of God, and third-party negligence will be
accomplished by the Contractor pursuant to the provisions of
Section 23 of this Specification.
d. Ordinances – All materials and workmanship will be in accordance
with applicable City or County Plumbing Ordinances. Where the
provisions of the specifications exceed such requirements, the
specifications shall govern.
22. MAINTENANCE AND REPAIR OF WALKWAYS & SERVICE ROADS,
DRAINAGE SYSTEMS, CONCRETE BLOCKWALLS & MISCELLANEOUS
IMPROVEMENTS
22.01 Walkways and Service Roads - All walkways and service roads, if any,
shall be maintained by the Contractor so as to keep the integrity of the
walking or driving surface in a safe, unimpaired condition. The Contractor
shall be entitled to additional compensation for maintaining walkways and
service roads in the following manner:
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a. Broken corners will be removed and repaired as required.
b. Broken curbs or headers adjacent to or part of roadways or
walkways will be repaired or replaced.
c. Contractor will not be responsible for total replacement of roadways
or walkways as a result of normal deterioration, but will be required
to replace all improvements damaged by his negligence.
22.02 Drainage Systems - The following services shall be provided by the
contractor at his expense except as otherwise provided for:
a. All surface drains (“V" ditches), if any, shall be kept clear of debris
so that water will have an unimpeded passage to its outlet.
Contractor will repair or replace concrete portions as necessary for
which the Contractor will receive additional compensation.
b. All sub-surface drains (except storm drains), if any, shall be
periodically flushed with water to avoid build-up of silt and debris.
All inlets to subsurface drains shall be kept clear of leaves, paper
and other debris to ensure unimpeded passage of water.
Contractor shall replace all broken or stolen sections of pipe, catch
basin boxes and grates, for which additional compensation shall be
authorized.
22.03 Miscellaneous Improvements - It will be the responsibility of the Contractor
to repair or replace miscellaneous improvements such as signs and
mowing strips and any other structural improvements within the District
unless otherwise specified. Contractor shall be entitled to additional
compensation for these services.
22.04 Walks and Trails Operation- To be done at Contractors sole expense.
Contractor shall keep non-concrete walks and trails free of hazards and
litter, and shall maintain the prescribed access routes by performing the
hereinafter specified operations and all other work incidental thereto.
22.05 Wood chips, crushed rock, decomposed granite and other types of
walkways and trails shall be kept clear for pedestrian and/or vehicular
traffic. All weeds and plant materials shall be cut back to maintain clear
access through such areas.
22.06 Any restrictive posts or barriers shall be maintained in an operable state.
22.07 Clear for litter and debris.
22.08 Repair/backfill ruts and erosion areas.
WALKS AND TRAILS – Frequency
22.09 Areas kept clear for access: once per month.
22.10 Posts and barriers: as needed.
22.11 Litter and debris: once per week.
22.12 Repair/backfill ruts: as needed.
23. MAINTENANCE, REPAIRS AND REPLACEMENTS DUE TO
EXTRAORDINARY INCIDENTS
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23.01 Contractor shall be responsible for performing maintenance, repairs and
replacements, when the need for such work arises out of extraordinary
incidents such as vandalism, Acts of God, and Third-party negligence in
accordance with the provisions of this Section. The Contractor shall
replace as the result of any of the extraordinary incidents described in this
Section (1) damaged, diseased (untreatable) or dead shrubs, ground
cover and trees in accordance with Sections 17 and 18 and (2) inoperable
irrigation equipment described in Section 21. The Contractor shall submit
a written estimate of the cost for performing such work. The Maintenance
Superintendent may, upon review and approval of such estimate,
authorize the Contractor to perform said work by the issuance of a written
Work Order. After submittal of the bill, the Contractor shall be reimbursed
only for the agreed upon cost estimate. In the event the Contractor’s
written estimate is not approved, then the Maintenance Superintendent
reserves the right to contract with a third party to perform such work.
24. MAINTENANCE INSPECTIONS
24.01 The Contractor shall:
a. Weekly perform a maintenance inspection during daylight hours of
all facilities within the District. Such inspection shall be both visual
and operational. The operational inspection shall include operation
of all sprinkler, lighting and other technical systems to check for
proper operational condition and reliability.
b. Monthly meet on site with an authorized representative of the
Maintenance Superintendent for a walk-through inspection. Said
meeting shall be at the convenience of the Maintenance
Superintendent. In addition, weekly interim inspections may be
made by the Maintenance Superintendent. Any corrective work
required as a result of a monthly inspection or any interim
inspection by the Maintenance Superintendent shall be
accomplished to the satisfaction of the Maintenance
Superintendent within three (3) days of the notification of
deficiencies, except in the case of a leaking valve which must be
repaired within 24 hours following notification.
25. PLAYGROUND EQUIPMENT MAINTENANCE
25.01 All playground sites and equipment shall be inspected at the start of each
work day and sand/wood chips cleaned and raked level to remove any
foreign and hazardous material and neatly groomed.
25.02 Special attention shall be made to low sand/wood chip areas, around play
equipment. These sand/wood chip areas shall be leveled by distributing
sand/wood chips from high areas to low areas.
25.03 All sand/wood chip play areas shall be maintained free of litter, cans, pop
tops, broken glass and other debris.
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25.04 All playground sites and equipment shall be checked daily, seven days per
week, throughout the year and Contractor shall clean and remove litter
from sand/wood chip areas daily, seven days per week, throughout the
year. Any unsafe condition of play equipment shall be corrected and/or
reported pursuant to Section 8 of these specifications.
25.05 By the 10th of each month, all sand areas shall be rototilled to the
maximum depth that will allow complete loosening of the sand but will not
cause lower base materials to be mixed in with the sand. After rototilling,
all areas shall be raked level. Wood chips shall not be roto-tilled.
26. FIRE PROTECTION SLOPE AREAS MAINTENANCE
26.01 These slope areas are hillside areas and are designed to meet Los
Angeles County Ordinances for fire retardation. These areas generally
occur in sloping terrain with gradients ranging 10 percent to 100 percent.
Slopes are either manufactured or natural. The natural slopes have been
brushed to remove certain plant materials. Manufactured slopes have
been hydromulched in accordance with applicable County ordinances.
Use of these areas by the residents should be minimal.
26.02 The maintenance of the natural slopes requires that the weeds and native
brush be clipped to a height of 2 to 4 inches for a distance of at least 100
feet from a dwelling or structure. Also, dead wood from woody plants shall
be trimmed when the area is brushed. Apply water within the cleared zone
only as needed during fire season to maintain sufficient moisture content
for sustenance of the plants and to inhibit combustion. Remove all debris
from this operation off the District property. Weeding shall commence
immediately following the rainy season once the growth of weeds has
reached a maximum of 12 inches in height or when the County Fire
Marshall has determined that a fire hazard condition exists. The required
weeding shall be completed as soon as possible following its
commencement and shall be completed throughout a District within a
maximum period of thirty (30) days. Contractor shall be responsible for
maintaining the brushed slope areas throughout the year in accordance
with the above-identified height of weeds, dead wood removal and
distance from dwellings or structures requirements. This may require that
certain areas will need additional brushing as directed by the County Fire
Marshall. Also, Contractor shall fertilize twice a year shrubs in these areas
with inorganic 10-6-4 and remove weeds to a distance of 30 feet
measured from any sidewalk adjacent to a fire protection slope area.
26.03 Where reference is made to weeding, brushing or clearing within 100 feet
of a structure, it is intended that the space between the structure and the
private property line is the responsibility of the owner of the property. As
an example, assume a private residential lot has a depth of 100 feet, the
rear or side of which abuts a fire protection slope. Assume that the
structure is set back 20 feet from the property line abutting this slope. The
Contractor1s responsibility is within the portion or balance of the 100 feet
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outside of the private property boundary, or, in this case, 80 feet. Consult
with the Maintenance Superintendent for any questions regarding these
areas.
26.04 The maintenance of the manufactured slopes requires that the planted
slopes be kept weed free at all times. Contractor shall program the
irrigation system to deliver sufficient moisture within the root zone of trees
and shrubs to sustain growth. Contractor shall be responsible for any
damage to slope areas caused by excessive watering practices. Plants
and trees shall be fertilized in accordance with the requirements of
Sections 17 and 18 of these Specifications.
27. NATURAL AREAS MAINTENANCE
27.01 Natural areas are open space areas that have minimal usage due to the
sloping character of the land and the rugged landscape materials that are
native to the land. Contractor will provide periodic maintenance consisting
of debris removal only as directed by the Maintenance Superintendent.
27.02 Surface drains (“V’ ditches) located in natural areas shall be maintained by
the Contractor per 22.02.a at the Contractor’s sole expense.
28. TERM OF AGREEMENT
28.01 This Agreement shall take effect and commence upon its execution by the
City Council and unless executed on the first day of a calendar month,
shall continue for the rest of the partial calendar month in which executed
and for a period of twelve (12) to thirty-six (36) full calendar months
thereafter.
28.02 The City Council shall have the option to extend this Agreement up to
three (3) additional one (1) year periods, subject to the same terms and
conditions contained herein, by giving Contractor written notice of exercise
of this option to renew at least thirty (30) days prior to the expiration of the
initial term of this Agreement, or of any additional one (1) year extensions.
29. CONTRACTOR’S COMPENSATION
29.01 Should this Agreement commence on other than the first day of a calendar
month, the Contractor’s compensation for that partial calendar month shall
be prorated at the rate of 1/30 of the full monthly rate per day, to, and
including, the last day of the partial calendar month.
29.02 In the event the City Council exercises its option to extend the term of this
Agreement for one or more of the additional five (5) one year periods as
provided for in paragraph 28.02, the Contractor’s monthly compensation
shall be subject to adjustment at the commencement of the extended term
and annually thereafter (“the adjustment date”) as follows:
Any increase in compensation will be negotiated between the City
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and the contractor, with the limits being no increase to a maximum
of the cost of living.
The increase, if any, will be calculated with reference to cost of
living during the previous year. If the increase is approved by the
City Council, the increase will be calculated by adding to the
Contractor’s monthly compensation, the amount, if any, obtained by
multiplying the contractor’s compensations as of the adjustment
date by the percentage by which the Consumer Price Index (“CPI”)
for the Los Angeles-Anaheim-Riverside metropolitan area for the
month immediately preceding the Adjustment Date (the “Index
Month”) 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. If the Index is
discontinued, the Maintenance Superintendent’s office shall, as its
discretion, substitute for the Index such other similar index as it
may deem appropriate.
30. Diversion of Organic materials from landfills
30.01 Contractor shall divert all organic material (i.e. grass clippings, tree
trimmings) from being disposed with regular refuse. Contractor shall, to
the extent feasible, utilize acceptable techniques (i.e. grass recycling,
composting) as approved by the Maintenance Superintendent, in the
diversion of all organic materials from landfills.
30.02 Diversion shall be completed on an on-going basis.
31. Monetary Penalties for Contract Specification Deficiencies and Sub-
Standard Work
31.01 Violation of the following provisions will result in the listed monetary
penalty. Contract specification deficiencies and sub-standard work must be documented
on the Performance Deficiency form and the form must be approved by the Supervisor
and Maintenance Superintendent.
1. Contractor’s employees shall wear proper working attire, including uniforms,
proper shoes and other safety gear. (Section 11.04) Failure to comply shall result
in a deduction of $100 per occurrence per day.
2. Complaints shall be abated as soon as possible after notification; but in all cases
within 24 hours, to the satisfaction of the Maintenance Superintendent. (Section
7.04) Failure to comply shall result in a deduction of $100 per occurrence per
day.
3. Contractor shall respond to emergencies within two (2) hours of notification.
(Section 1.06) Emergencies include, but are not limited to, broken water mains,
stuck valves, threat to private property due to contractor’s operations, natural
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disasters, etc. Failure to respond shall result in a deduction of $250 per
occurrence.
4. Contractor shall supply the City with name(s) and phone number(s) of twenty-
four (24) hours-per-day, seven (7) days-per-week contact for emergencies.
(Section 7.01) Failure to maintain current information shall result in a $200
penalty for each occurrence.
5. Contractor contact shall be available by telephone during regular work hours.
(Section 7.01) Failure to respond back to City representative within 30 minutes of
call shall result in $250 penalty per occurrence.
6. Contractor shall provide a daily schedule (seven (7) day per week schedule) of
manpower assigned to work in Diamond Bar. This schedule shall serve as the
minimum manpower requirement to adequately service this contract. Failure to
maintain the minimum level of manpower shall result in the immediate deficiency
deduction of $100 per person per day.
7. Payments Withheld/Penalties:
A. If the City determines that there are deficiencies in the performance of this
contract, the Contractor shall be notified both verbally and in writing each time
service requirements are unsatisfactory and corrective action is necessary.
Upon notification of service failure, the Contractor shall complete corrective
action within the time frame as noted in the contract. Should the Contractor fail
to correct any deficiencies within the stated time frame, the City may exercise
the following measures:
i. Deduct from the Contractor’s payment the amount necessary to correct
the deficiency.
ii. Withhold the entire or partial payment.
iii. Utilize City forces, or an alternate source, to correct the deficiency and
deduct from the Contractor’s payment the total cost, including City
overhead.
iv. Deduct liquidated damages from Contractor’s monthly invoice.
B. Failure by the Contractor to provide reports, schedules and other
deliverables as called for in this specification (and itemized below) will result in
a penalty of $100 for each occurrence being withheld from the Contractor’s
current monthly invoice payment.
i. “Weekly” written work schedules including tree well maintenance
ii. Written pesticide recommendations
iii. “Every three (3) weeks” irrigation tracking sheets for each controller
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City of Diamond Bar L.L.M.D. SP 23 City-Wide Landscape Maintenance
iv. “Monthly” turf fertilization schedule (if applicable)
v. “Monthly” rodent control reports (site specific)
vi. “Monthly” chemical application report (site specific)
C. Failure by the Contractor to provide certain maintenance
functions/deliverables within the timelines called for in this specification (and
itemized below) will result in a penalty of $200 for each occurrence (at each
site) being withheld from the Contractor’s current monthly invoice payment.
i. Failure by the Contractor to take immediate corrective action to
landscape that is stressed due to lack of water, insect infestation,
rodents, etc.
ii. Failure to perform as indicated on the work schedule.
iii. Responding to emergencies within two (2) hours during non-working
hours.
iv. Failure to conform to the W.A.T.C.H. Traffic Control handbook.
v. Removing litter/debris from site the same day it is generated.
vi. Blowing or sweeping debris onto private property, public streets,
parking lots or into stormdrains.
vii. Tree pruning or tree care within five (5) days.
viii. Failure to alleviate visibility obstructions within two (2) working days.
ix. Ground cover replacement within five (5) days.
x. Irrigation repair within twenty-four (24) hours.
xi. Irrigating during rainy weather when it is obvious that additional soil
moisture is not needed. (Per controller).
xii. Objectionable weeds and subsequent days beyond three (3).
xiii. Failure to pick up litter daily.
xiv.Turf mowing and edging weekly.
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Agenda #: 4.22
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FIRST AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH TRANE U.S. INC. DBA TRANE FOR
MECHANICAL AND BUILDING AUTOMATION SYSTEM
PREVENTATIVE MAINTENANCE AND REPAIR SERVICES THROUGH
JUNE 30, 2021.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, First Amendment to the Maintenance
Services Agreement with Trane U.S. Inc. dba Trane.
FINANCIAL IMPACT:
The total not-to-exceed amount for FY 2020-2021 would be $65,000 which includes
$46,504 for scheduled preventative maintenance and $18,496 for as-needed services
and repairs. Sufficient funds are included in the Public Works operating budget to cover
the cost of such services. This includes the contractor’s request for a CPI increase of
2.17%.
BACKGROUND/DISCUSSION:
Over the years, the City has upgraded a number of its mechanical and building
automation systems (BAS) with new Trane equipment. The cu rrent systems provide a
more consistent environment in our facilities, and also provide a more comprehensive
method in which to manage our energy consumption. Preventative maintenance is a
corner stone in managing the repair cost, efficiency and life expectancy of mechanical
equipment. This amendment will continue our comprehensive preventative maintenance
program for all City facilities while ensuring all current warranties remain in place.
The City currently has three facilities that have building automa tion systems in place,
which provide staff with the ability to remotely monitor the mechanical operations of the
17 pieces of equipment and to make changes to schedules, setpoints, air flow and
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temperature to optimize the overall efficiency of the systems.
LEGAL REVIEW:
The City Attorney has reviewed and approved the amended agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.22.a First Amendment to Maintenance Services Agreement -- Trane -- Signed
by Trane,DD
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1450826.1
FIRST AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This First Amendment to Maintenance Services Agreement (“First Amendment”) is
made and entered into as of June 16, 2020, by and between the City of Diamond Bar, a
municipal corporation ( “City”), and Trane U.S. Inc. dba Trane (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 18, 2019, 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. Term. The Term of the Original Agreement as set forth in Section 2 therein is
from July 1,2019 to June 30, 2020. This First Amendment extends the Term up to and
including June 30, 2021.
3. Compensation. The total not-to-exceed compensation set forth in Section 3
of the Original Agreement was the sum of forty-five thousand seventy-six dollars ($45,076).
Section 3 of the Original Agreement is hereby amended to provide for a 2.17% CPI
increase of nine hundred seventy-eight dollars ($978), and an additional amount of
eighteen thousand ($18,496) for as-needed work, so that the total not-to-exceed
compensation, as amended by this First Amendment shall not exceed sixty-five thousand
dollars ($65,000) in fiscal year 20/21 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.
IN WITNESS hereof, the parties enter into this First Amendment on the year and day
first above written.
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Agenda #: 4.23
Meeting Date: June 16, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: THIRD AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH B & T CATTLE FOR WEED ABATEMENT
SERVICES THROUGH JUNE 30, 2021.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Third Amendment to the Maintenance
Services Agreement with B & T Cattle for weed abatement services through June 30,
2021.
FINANCIAL IMPACT:
The total authorization amount for Fiscal Year 2020-2021 is $19,964.02. Sufficient funds
are included in the Fiscal Year 2020/2021 Landscape Assessment District No. 41
(LLAD 41) operating budget to cover the cost of such services.
BACKGROUND/DISCUSSION:
B & T Cattle has been providing fire brushing and weed abatement in LLAD 41 for over
10 years. The use of livestock to provide this service has proven to be a cost -effective
method of performing the required abatement work as prescribed by the Los Angeles
County Department of Agriculture. The current contract rate ($19,540) has remained the
same since 2016. The contractor is requesting a CPI increase of 2.17% as described in
Section 16 of the Original Agreement. The adjusted contract rate for the duration of
Amendment Three will be $19,964.02
The City Council approved a two-year contract, with three one-year extension options,
from June 1, 2016 through June 30, 2018. The City Council approved the First
Amendment on June 19, 2018 granting the first of three optional one -year extensions
through June 30, 2019. The City Council approved the Second Amendment on June 18,
2019 granting the second of three one -year extensions through June 30, 2020. Based
on current performance and cost-effective service, it is recommended that the City
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Council grant the third of three optional one-year extensions through June 30, 2021.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Third Amendment to the Agreement.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.23.a Third Amendment to Maintenance Services Agreement for B&T - Signed
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