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2023.10.03 Agenda Packet - Regular Meeting
City Council Agenda Tuesday, October 3, 2023 Regular Meeting 6:30 PM South Coast Air Quality Management District/Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 How to Observe the Meeting From Home: The public can observe the meeting by calling +1 (914) 614-3221, Access Code: 418-206-513 OR visit: https://attendee.gotowebinar.com/register/25658427589662743 93. How to Submit Public Comment: The public may provide public comment by attending the meeting in person, by sending an email, or by logging into the teleconference. Please send email public comments to the City Clerk at cityclerk@DiamondBarCA.gov by 4:00 p.m. on the day of the meeting and indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members, noted for the record at the meeting and posted on the City’s official agenda webpage as soon as reasonably practicable (found here: http://diamondbarca.iqm2.com/Citizens/Default.aspx). The public may log into the meeting through this link: https://attendee.gotowebinar.com/register/2565842758966274393. Members of the public will be called upon one at a time during the Public Comment portion of the agenda. Speakers 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 sp reading the COVID-19 virus. OCTOBER 3, 2023 PAGE 2 RUTH M. LOW Council Member CHIA TENG Council Member STEVE TYE Council Member ANDREW CHOU Mayor STAN LIU Mayor Pro Tem City Manager Dan Fox • City Attorney Omar Sandoval • 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 publ ic 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. A person who disrupts the orderly conduct of the meeting after being warned by the Mayor or the Mayor’s designee that their behavior is disrupting the meeting, may result in the person 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 (on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47) and on the City’s website at www.diamondbarca.gov/agendas. 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/agendas 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/2565842758966274393 AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL AGENDA October 03, 2023 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Deacon Dennis Shin, St. Denis Catholic Church ROLL CALL: Low, Teng, Tye, Mayor Pro Tem Liu, Mayor Chou APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Certificates of Recognition for Diamond Bar Girls Softball 8U All-Stars 1.2 2023 San Gabriel Valley Council of Governments (SGVCOG) Update 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: “Public Comments” is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or 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 e xtended discussion and no action on such matters may take place. There is a five -minute OCTOBER 3, 2023 PAGE 2 maximum time limit when addressing the City Coun cil. 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. 4. SCHEDULE OF FUTURE EVENTS: 4.1 Diamond Bar Restaurant Week – October 1-15, 2023. 4.2 Planning Commission Meeting – October 10, 2023 – cancelled. 4.3 Coffee with a Cop – October 14, 2023, 7:30 – 9:30 a.m. Bageloo, 1200 S. Diamond Bar Blvd., Ste 102 4.4 Canyon Loop Trail Reopening Ribbon Cutting – October 14, 2023, 9:00-10:00 a.m. Grand View Ballroom, Diamond Bar Center, 1600 Grand Ave. 4.5 City Council Meeting – October 17, 2023 – online teleconference and SCAQMD Main Auditorium, 21865 Copley Dr. 5. 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. 5.1 CITY COUNCIL MINUTES OF THE SEPTEMBER 19, 2023 REGULAR MEETING. 5.1.a September 19, 2023 City Council Regular Meeting Minutes Recommended Action: Approve the September 19, 2023 Regular City Council meeting minutes. Requested by: City Clerk 5.2 RATIFICATION OF CHECK REGISTER DATED SEPTEMBER 13, 2023 THROUGH SEPTEMBER 26, 2023 TOTALING $1,509,781.59. Recommended Action: Ratify the Check Register. Requested by: Finance Department OCTOBER 3, 2023 PAGE 3 5.3 ENTERTAINMENT SERVICES AGREEMENT WITH JAMES EVENT PRODUCTIONS TO PROVIDE ENTERTAINMENT SERVICES FOR CITY-WIDE PROGRAMS AND EVENTS THROUGH JUNE 30, 2028. Recommended Action: Approve and authorize the City Manager to sign the Entertainment Services Agreement with James Event Productions. Requested by: Parks & Recreation Department 5.4 CONSULTING SERVICES AGREEMENT WITH BLACK O'DOWD AND ASSOCIATES, INC. FOR THE DESIGN OF HERITAGE PARK RENOVATION PROJECT PHASES I AND II (CIP# FP24502). Recommended Action: A. Determine that approval of the design services agreement for the proposed project is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Article 18, Section 15262; and B. Approve, and authorize the City Manager to sign, the Consulting Services Agreement with Black O'Dowd and Associates, Inc. in a not- to-exceed amount of $362,300, plus a contingency amount of $72,460, for a total authorization amount of $434,760. Requested by: Public Works Department 5.5 APPROVAL OF FINAL PARCEL MAP NO. 83708, TO SUBDIVIDE AN EXISTING 2.09-ACRE COMMERCIAL PROPERTY LOCATED AT 2020 SOUTH BREA CANYON ROAD (PLAZA DIAMOND BAR). Recommended Action: Adopt Resolution No. 2023-32 approving Final Parcel Map Number 83708 for the subdivision of an existing 2.09-acre commercial property, located at 2020 South Brea Canyon Road. Requested by: Public Works Department 6. PUBLIC HEARINGS: NONE. 7. COUNCIL CONSIDERATION: NONE. 8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 9. ADJOURNMENT: Agenda #: 5.1 Meeting Date: October 3, 2023 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL MINUTES OF THE SEPTEMBER 19, 2023 REGULAR MEETING. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve the September 19, 2023 Regular City Council meeting minutes. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Minutes have been prepared and are being presented for approval. PREPARED BY: REVIEWED BY: 5.1 Packet Pg. 6 Attachments: 1. 5.1.a September 19, 2023 City Council Regular Meeting Minutes 5.1 Packet Pg. 7 CITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT/MAIN AUDITORIUM 21865 COPLEY DRIVE, DIAMOND BAR, CA 91765 SEPTEMBER 19, 2023 CLOSED SESSION: 5:30 p.m., CC-8 Conference Room – In Person only – no teleconference. PUBLIC COMMENTS: None Offered Public Employee Performance Evaluation Pursuant to Government Code Section 54957 Title: City Manager ADJOURNMENT: 6:22 p.m. with no reportable action. CALL TO ORDER: Mayor Chou called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District Main Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Liu led the Pledge of Allegiance. INVOCATION: Kevin Ahn, Youth Pastor, Evangelical Free Church, provided the Invocation. ROLL CALL: Council Members Ruth Low, Chia Yu Teng, Steve Tye, and Mayor Pro Tem Stan Liu, Mayor Andrew Chou Staff Present In Person: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; Omar Sandoval, City Attorney; Anthony Santos, Assistant to the City Manager; Dannette Allen, Principal Management Analyst; David Liu, Public Works Director; Ryan Wright, Parks and Recreation Director; Jason Jacobsen, Finance Director; Cecilia Arellano, Senior Community Relations Coordinator; Joan Cruz, Administrative Coordinator; Kristina Santana, City Clerk Staff Present Telephonically: Amy Haug, Human Resources and Risk Manager; Greg Gubman, Community Development Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Ken Desforges, Information Systems Director; Marsha Roa, Community Relations Manager Others Present: Captain Stephen Tousey and Lieutenant Daniel Dail, Diamond Bar/Walnut Sheriff’s Station APPROVAL OF AGENDA: Mayor Chou approved the agenda as presented. 5.1.a Packet Pg. 8 SEPTEMBER 19, 2023 PAGE 2 CITY COUNCIL 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Certificates of Recognition for Diamond Bar Girls Softball All-Stars. Mayor Chou and the City Council handed certificates to the players and thanked the players and coaches for representing the City of Diamond Bar. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: Allen Wilson expressed concern about an incident in which a former LA Sheriff’s Deputy pled guilty to depriving an individual his civil rights under color of law and hoped no further such incidents would occur. Douglas Barcon spoke about public safety and requested that the City’s website list locations of AED’s (Automatic External Defibrillators). Sammy Sanchez spoke about property maintenance items he feels need to be addressed in and near the community in which he lives and praised the City’s Senior Neighborhood Improvement Officer, Justin Jones, for his assistance to the residents. Cynthia Yu, Diamond Bar Library, announced that the most important school supply is a library card and invited everyone to participate in Library Card Sign - Up Month this year during September and reported on upcoming library programs and events. Additional information can be found online at www.lacountylibrary.org. Mary Gonzalez complained that the Sheriff’s Department has not helped her with domestic issues and fears for her life. Len Allison spoke about the proposed Royal Vista Golf Course development of nearly 1,800 units presented a significant threat to the community’s quality of life and suggested the Council oppose the project. Adele Prince spoke in opposition to the proposed zoning change of the Royal Vista Golf Course from Open Space to Residential and the proposed development of 840 new homes. Shelley Gentry spoke in opposition to the Royal Vista Golf Course proposed housing development. Linda Kuo spoke in opposition to the proposed Royal Vista Golf Course developments and while it is out of the City’s jurisdiction, asked the City Council to comment on the draft environmental report and propose mitigation measures and oppose the project, for the benefit of Diamond Bar and its residents. 5.1.a Packet Pg. 9 SEPTEMBER 19, 2023 PAGE 3 CITY COUNCIL CC/Santana reported that one email was submitted by Andrệs Martinez Pais which was forwarded to the City Council and placed at the entrance to the meeting for public viewing. Renee Stefanoff, 1505 Greencastle Avenue, Rowland Heights, recently learned of the proposed development on the Royal Vista Golf Course p roperty and said she was told when they purchased their home that the golf course would have to remain on the site until 2036 before the property could be considered for development. 4. SCHEDULE OF FUTURE EVENTS: CM/Fox presented the Schedule of Future Events. 5. CONSENT CALENDAR: C/Low moved, C/Tye seconded, to approve the Consent Calendar with the exception of Consent Calendar Items 5.5 and 5.6 withdrawn for separate consideration by C/Low. Motion carried 5-0 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Low, Teng, Tye, MPT/Liu, M/Chou NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 5.1 APPROVED CITY COUNCIL MINUTES: 5.1.1 AUGUST 15, 2023 REGULAR MEETING. 5.2 RATIFIED CHECK REGISTER DATED AUGUST 9, 2023 THROUGH SEPTEMBER 12, 2023 TOTALING $3,602,766.62. 5.3 APPROVED THE AUGUST 2023 TREASURER’S STATEMENT. 5.4 ADOPTED THE PROCLAMATION DECLARING SEPTEMBER 15 – OCTOBER 15 AS HISPANIC HERITAGE MONTH. 5.7 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN A CONSULTANT SERVICES AGREEMENT WITH MULHOLLAND CONSULTING, INC., FOR THE DESIGN OF THE STEEP CANYON ROAD EROSION CONTROL AND SEDIMENTATION PREVENTION AT CLEAR CREEK CANYON DRIVE (PROJECT CIP PW24401) IN THE AMOUNT OF $59,433.00 PLUS A CONTINGENCY AMOUNT OF $8,914.95 FOR A TOTAL AUTHORIZATION AMOUNT OF $68,347.95. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 5.5 ADOPT RESOLUTION NO. 2023-30 ESTABLISHING LOCATIONS FOR POSTING OF CITY ORDINANCES, RESOLUTIONS, PUBLIC NOTICES, 5.1.a Packet Pg. 10 SEPTEMBER 19, 2023 PAGE 4 CITY COUNCIL AND AGENDAS AS REQUIRED BY LAW TO BE PUBLISHED OR POSTED. C/Low asked if there were more than the three locations listed for the purpose of posting City Ordinances, Resolutions, Public Notices and Agendas to which CC/Santana explained the purpose of the update was to reflect the Brown Act requirement for only one physical location for agendas to be posted. The agenda is also published online, and an email blast notification is sent out to residents who sign up for that service. 5.6 PUBLIC WORKS AGREEMENT WITH EIDIM GROUP, INC. DBA EIDIM AV TECHNOLOGY FOR WINDMILL/WILLOW ROOM AUDIO VISUAL & PRODUCTION CONTROL ROOM SYSTEMS UPGRADE PROJECT (FP 23504) AS FOLLOWS: a. DETERMINE THAT APPROVING THE CONSTRUCTION CONTRACT FOR THE PROPOSED PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTIONS 15301(C) AND 15302 OF THE CEQA GUIDELINES; b. ADOPT RESOLUTION NO. 2023-31 APPROVING THE DESIGN PLANS, SPECIFICATIONS, AND WORKING DETAILS FOR THE WINDMILL/WILLOW ROOM AUDIO VISUAL & PRODUCTION CONTROL ROOM SYSTEMS UPGRADE PROJECT; c. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN A CONSTRUCTION CONTRACT WITH EIDIM GROUP, INC. DBA EIDIM AV TECHNOLOGY IN THE AMOUNT OF $355,065.70, PLUS A CONTINGENCY AMOUNT OF $53,260 FOR CONTRACT CHANGE ORDERS, IF ANY TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $408,325.70; AND, d. APPROPRIATE $108,326 FROM THE PEG FUND (FUND 270) FUND BALANCE TO THE CIP FUD (FUND 301) FOR PROJECT #FP23504. CM/Fox responded to C/Low that the proposed uses wil l remain the same and no changes will be made with this project other than the addition of cameras to allow for broadcasting and video recordation of City Commission and other meetings in the Windmill and Willow Rooms. C/Low moved, MPT/Liu seconded, to approve Consent Calendar Items 5.5 and 5.6 as proposed. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Low, Teng, Tye, MPT/Liu, M/Chou NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 5.1.a Packet Pg. 11 SEPTEMBER 19, 2023 PAGE 5 CITY COUNCIL 6. PUBLIC HEARINGS: NONE 7. COUNCIL CONSIDERATION: 7.1 CONSULTING SERVICES AGREEMENT WITH REGIONAL CHAMBER OF COMMERCE SAN GABRIEL VALLEY FOR BUSINESS DEVELOPMENT AND ENGAGEMENT SERVICES THROUGH JUNE 30, 2024. ACM/McLean presented the staff report. ACM/McLean and Chamber CEO Aziz Amiri responded to Council Members questions. Allen Wilson expressed concerns about potential conflicts of a business/political relationship between the City and Chamber via a financial contract. C/Tye pointed out the responsible administration of Diamond Bar and recounted the many benefits to the City and its businesses the Regional Chamber has provided over the years. MPT/Liu moved, C/Tye seconded, to approve and authorize the City Manager to sign the Consulting Services Agreement with Regional Chamber of Commerce San Gabriel Valley. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Low, Teng, Tye, MPT/Liu, M/Chou NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7.2 MASTER SERVICES AGREEMENT WITH FLOCK GROUP, INC. FOR AUTOMATED LICENSE PLATE READER SURVEILLANCE CAMERA SERVICES THROUGH SEPTEMBER 19, 2025. ACM/McLean presented the staff report. Allen Wilson commented on privacy concerns, hacking possibilities, budget concerns, and program efficacy. Captain Tousey provided two recent case studies where the Department’s Crime Analyst was able to solve a crimes, using data from the Flock cameras. ACM/McLean and Captain Tousey responded to Council questions. 5.1.a Packet Pg. 12 SEPTEMBER 19, 2023 PAGE 6 CITY COUNCIL C/Tye moved, MPT/Liu seconded, to approve and authorize the City Manager to sign the Master Services Agreement with Flock Group, Inc. and appropriated $185,000 from Law Enforcement Reserve Fund (Fund 102) to fund the Agreement for FY 2023 -24. Motion carried 4-1 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Teng, Tye, MPT/Liu, M/Chou NOES: COUNCIL MEMBERS: C/Low ABSENT: COUNCIL MEMBERS: None 8. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye said that as Mrs. Gonzales who spoke about her domestic situation was preparing to leave the auditorium, she was immediately greeted by Captain Tousey and Lieutenant Dail to gather information in an effort to help her, and spoke to the life of Deputy Ryan Clinkunbroomer, a third generation LA County Sheriff, being taken at age 30. C/Teng spoke about attending, along with M/Chou, NAACP’s 10 Year Anniversary Celebration and announced the upcoming Diamond Bar Chinese American Association’s celebration of the Chinese Moon Festival from 4:00 to 8:00 p.m. on Saturday, September 30th. C/Low congratulated the Diamond Bar Community Foundation on a successful Beerfest last Sunday, attended the Contract Cities Fall Education Summit on homelessness, new housing, Fentanyl and legislation in San Diego last weekend, and attended the Capitol Project Committee and Vector Control meetings. While the Royal Vista Golf Course property is not within the City’s jurisdiction, she would like for staff to look into the issues that were raised by speakers regarding the subject of open space and whether this property is within the City’s sphere of influence for what, if anything, can be done to support the residents of Diamond Bar that border this area. She offered her heartfelt condolences to the family of Deputy Ryan Clinkunbroomer and called for support of law enforcement and their dedication. MPT/Liu echoed comments regarding Deputy Ryan Clinkunbroomer, talked about the Tres Hermanos Conservation Authority offering guided tours of the ranch, looked forward to seeing everyone participate in Restaurant Week and wished C/Low a Happy Birthday tomorrow. M/Chou thanked those who attended tonight’s meeting, spoke about their concerns and echoed C/Low’s request that staff look into what the City might be able to do with respect to Royal Vista which, to him reminds him of how the residents fought against development of the Lanterman property several years ago. Last week he attended Golden Elementary Springs kickoff meeting for PBIS (Positive Behavior Intervention and Support) and asked residents to gather 5.1.a Packet Pg. 13 SEPTEMBER 19, 2023 PAGE 7 CITY COUNCIL next Wednesday for the annual State of the City Address during which local residents and the local non-profit Heart of Hope will be recognized. ADJOURNMENT: With no further business to conduct, Mayor Chou adjourned the Regular City Council Meeting at 8:32 p.m. Respectfully Submitted: _____________________________________ Kristina Santana, City Clerk The foregoing minutes are hereby approved this 3rd day of October, 2023. Andrew Chou, Mayor 5.1.a Packet Pg. 14 Agenda #: 5.2 Meeting Date: October 3, 2023 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RATIFICATION OF CHECK REGISTER DATED SEPTEMBER 13, 2023 THROUGH SEPTEMBER 26, 2023 TOTALING $1,509,781.59. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Ratify the Check Register. FINANCIAL IMPACT: Expenditure of $1,509,781.59. 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 September 13, 2023 through September 26, 2023 totaling $1,509,781.59 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: 5.2 Packet Pg. 15 REVIEWED BY: Attachments: 1. 5.2.a Check Register Affidavit 10-3-2023 2. 5.2.b Check Register 10-3-2023 5.2 Packet Pg. 16 CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated September 13, 2023 through September 26, 2023 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Signed: __________________________________ Finance Director Jason M. Jacobsen 5.2.a Packet Pg. 17 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9772 9/13/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20791 GOLDEN SPRINGS TC-1 100655 52210 $145.58 CHECK TOTAL $145.58 9773 9/13/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20439 GOLDEN SPRINGS PED TC-1 100655 52210 $121.97 CHECK TOTAL $121.97 9774 9/15/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE 09/15/2023 238 21118 $8.23 9/15/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE 09/15/2023 239 21118 $8.23 9/15/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE 09/15/2023 241 21118 $8.23 9/15/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE 09/15/2023 207 21118 $12.08 9/15/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE 09/15/2023 206 21118 $27.20 9/15/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE 09/15/2023 250 21118 $29.50 9/15/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE 09/15/2023 100 21118 $1,853.85 CHECK TOTAL $1,947.32 9775 9/15/2023 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 09/15/2023 225 21109 $18.89 9/15/2023 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 09/15/2023 239 21109 $141.34 9/15/2023 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 09/15/2023 241 21109 $141.34 9/15/2023 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 09/15/2023 206 21109 $231.59 9/15/2023 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 09/15/2023 238 21109 $282.68 5.2.b Packet Pg. 18 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9/15/2023 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 09/15/2023 207 21109 $292.96 9/15/2023 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 09/15/2023 250 21109 $475.00 9/15/2023 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 09/15/2023 100 21109 $12,852.95 CHECK TOTAL $14,436.75 9776 9/15/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD 08/26/23-09/08/23 239 21110 $162.05 9/15/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD 08/26/23-09/08/23 241 21110 $162.05 9/15/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD 08/26/23-09/08/23 225 21110 $167.48 9/15/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD 08/26/23-09/08/23 238 21110 $255.40 9/15/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD 08/26/23-09/08/23 207 21110 $618.38 9/15/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD 08/26/23-09/08/23 206 21110 $674.09 9/15/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD 08/26/23-09/08/23 250 21110 $1,690.15 9/15/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD 08/26/23-09/08/23 100 21110 $41,809.25 CHECK TOTAL $45,538.85 9777 9/20/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2746 BREA CYN BPED - LS-3 100655 52210 $43.62 CHECK TOTAL $43.62 9778 9/20/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3564 S BREA CYN BPED - LS-3 100655 52210 $30.85 CHECK TOTAL $30.85 9780 9/20/2023 SOUTHERN CALIFORNIA EDISON GS-1 1215 S BREA CANYON - GS-1 100655 52210 $129.27 CHECK TOTAL $129.27 9781 9/20/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21250 GOLDEN SPRINGS PED - TC-1 100655 52210 $88.18 CHECK TOTAL $88.18 5.2.b Packet Pg. 19 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9782 9/20/2023 SOUTHERN CALIFORNIA EDISON GS-1 - 2838 S DBB PED - GS-1 100655 52210 $130.27 CHECK TOTAL $130.27 9783 9/20/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 717 GRAND AVE - TC-1 100655 52210 $116.46 CHECK TOTAL $116.46 9784 9/20/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1611 S BREA CYN - TC-1 100655 52210 $81.30 CHECK TOTAL $81.30 9785 9/20/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 801 S LEMON AVE/VARIOUS - TC-1 100655 52210 $381.11 CHECK TOTAL $381.11 9786 9/26/2023 4IMPRINT INC DBRW ITEMS 250170 51400 $2,551.97 CHECK TOTAL $2,551.97 9787 9/26/2023 AIRGAS INC OPERATING SUPPLIES (RENT8.1.23- 8.31.23) FY23-24 100630 51200 $31.85 9/26/2023 AIRGAS INC OPERATING SUPPLIES (RENT8.1.23- 8.31.23) FY23-24 100520 51200 $140.37 CHECK TOTAL $172.22 9788 9/26/2023 ALL CITY MANAGEMENT SERVICES INC CROSSING GUARD SERVICES - 8/6/23 - 8/19/23 100310 55412 $6,992.82 9/26/2023 ALL CITY MANAGEMENT SERVICES INC CROSSING GUARD SERVICES - 8/20/23 - 9/2/23 100310 55412 $14,011.15 CHECK TOTAL $21,003.97 9789 9/26/2023 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (AUG) FY23-24 100630 52320 $70.00 9/26/2023 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (AUG) FY23-24 100510 52320 $105.00 9/26/2023 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (AUG) FY23-24 100620 52320 $120.00 CHECK TOTAL $295.00 9790 9/26/2023 NAILA ASAD BARLAS STIPEND-PC MTG 8/22/23-BARLAS 100410 52525 $65.00 CHECK TOTAL $65.00 9791 9/26/2023 BSN SPORTS CORP SENIOR SOFTBALL SUPPLIES 100520 51200 $96.34 CHECK TOTAL $96.34 5.2.b Packet Pg. 20 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9792 9/26/2023 BULLSEYE TELECOM INC CITYWIDE ANALOG PHONE SERVICE - SEPT 2023 100230 52200 $2,435.89 CHECK TOTAL $2,435.89 9793 9/26/2023 CANNON CORPORATION CIP# PW23403 BCR STORM DRAIN LINING (DESIGN) 301610 56105 $9,450.50 CHECK TOTAL $9,450.50 9794 9/26/2023 CDW GOVERNMENT APC UPS SURGE PROTECTORS (4) 100230 51200 $400.46 CHECK TOTAL $400.46 9795 9/26/2023 CHEM PRO LABORATORY INC WATER TREATMENT (CITY HALL/SEPT) FY23-24 100620 52320 $179.00 CHECK TOTAL $179.00 9796 9/26/2023 CHICAGO TITLE COMPANY LOAN POLICY- 23720 BOWER CASCADE HIP299 225440 54900 $65.00 CHECK TOTAL $65.00 9797 9/26/2023 CITY OF INDUSTRY CITY REIMB-GRAND & G/SPRINGS 301610 56105 $41,617.38 CHECK TOTAL $41,617.38 9798 9/26/2023 COLLEY AUTO CARS INC VEHICLE MAINT (LIC#1479593) FY 23-24 502655 52312 $1,282.73 CHECK TOTAL $1,282.73 9799 9/26/2023 COPP CONTRACTING INC AREA 2 - RES/COLL REHAB PROJ - THRI 8/31/23 301610 56101 $240,898.50 CHECK TOTAL $240,898.50 9800 9/26/2023 CORCINO PRODUCTIONS INC TAPING AND PRODUCTION OF VETERANS TRIBUTE VIDEO 100240 55000 $2,000.00 CHECK TOTAL $2,000.00 9801 9/26/2023 DAPEER ROSENBLIT & LITVAK LLP CODE ENF CITY PROSECUTOR - AUGUST 2023 100120 54024 $3,256.73 9/26/2023 DAPEER ROSENBLIT & LITVAK LLP CODE ENF CITY PROSECUTOR-20220 E. WALNUT (LIU) 100120 54024 $1,173.92 9/26/2023 DAPEER ROSENBLIT & LITVAK LLP CODE ENF CITY PROSECUTOR-OAK TREE-900 DIAMOND BAR 100120 54024 $4,493.90 9/26/2023 DAPEER ROSENBLIT & LITVAK LLP CODE ENF CITY PROSECUTOR-24311 KNOLL 100120 54024 $802.60 CHECK TOTAL $9,727.15 9802 9/26/2023 DELL MARKETING LP MICROSOFT ENTERPRISE - ANNUAL RENEWAL FY 23-24 100230 52314 $14,203.48 5.2.b Packet Pg. 21 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $14,203.48 9803 9/26/2023 DEPARTMENT OF JUSTICE LIVESCAN FEES 100220 52510 $192.00 CHECK TOTAL $192.00 9804 9/26/2023 DIAMOND BAR STORAGE OWNER LLC OFF SITE STORAGE #92 #376 DEPT- OCTOBER 2023 100420 52302 $726.00 CHECK TOTAL $726.00 9805 9/26/2023 DIANA CHO & ASSOCIATES CDBG FY23-24 SENIOR PROGRAM-JULY 2023 225440 54900 $382.50 9/26/2023 DIANA CHO & ASSOCIATES CDBG FY23-24 SR PROGRAM-AUGUST 2023 225440 54900 $212.50 CHECK TOTAL $595.00 9806 9/26/2023 DS SERVICES OF AMERICA INC BOTTLED WATER DELIVERY (AUGUST) FY23-24 100620 51200 $440.17 CHECK TOTAL $440.17 9807 9/26/2023 ECOFERT INC FERTILIZER INJECTION SYSTEM (AUGUST) FY23-24 100630 52320 $1,207.00 CHECK TOTAL $1,207.00 9808 9/26/2023 EDUARDO SALCIDO DJ SERVICES DBRW 100150 54900 $550.00 CHECK TOTAL $550.00 9809 9/26/2023 FOOTHILL BUILDING MATERIALS INC SAND FOR FIRE STATION #119 100350 51200 $480.71 9/26/2023 FOOTHILL BUILDING MATERIALS INC SAND/SANDBAGS FOR FIRE STATION #121 100350 51200 $579.26 CHECK TOTAL $1,059.97 9810 9/26/2023 FRONTIER COMMUNICATIONS CORP SUMMARY BILL - INTERNET/CITY HALL - SEP 2023 100230 54030 $775.00 9/26/2023 FRONTIER COMMUNICATIONS CORP SUMMARY BILL - - INTERNET SERVICE - SEP 2023 100230 54030 $405.66 CHECK TOTAL $1,180.66 9811 9/26/2023 GERALDINE KELLER INSTRUCTOR PAYMENT - CULINARY - FALL 23 100520 55320 $36.00 CHECK TOTAL $36.00 9812 9/26/2023 GOOD TIMES PARTY SUPPLY & RENTALS DBRW DECOR 100150 54900 $591.30 CHECK TOTAL $591.30 5.2.b Packet Pg. 22 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9813 9/26/2023 GOVCONNECTION INC HP MSL 6480 TAPE LIBRARY 503230 56130 $85,565.50 CHECK TOTAL $85,565.50 9814 9/26/2023 WOODS MAINTENANCE SERVICES INC GRAFFITI ABATEMENT AUGUST 2023 100430 55540 $2,975.00 CHECK TOTAL $2,975.00 9815 9/26/2023 GUARANTEED JANITORIAL SERVICE INC JANITORIAL SERVICES (AUGUST) FY 23- 24 100630 55505 $2,962.55 9/26/2023 GUARANTEED JANITORIAL SERVICE INC JANITORIAL SERVICES (AUGUST) FY 23- 24 100510 55505 $6,290.84 9/26/2023 GUARANTEED JANITORIAL SERVICE INC JANITORIAL SERVICES (AUGUST) FY 23- 24 100620 52320 $10,094.61 CHECK TOTAL $19,348.00 9816 9/26/2023 HODGMAN ENTERPRISES PRINTING AND MAILING OF 2023 SEPTEMBER NEWSLETTER 100240 52110 $2,415.67 9/26/2023 HODGMAN ENTERPRISES PRINTING & MAILING DBRW POSTCARD 100150 54900 $2,522.17 CHECK TOTAL $4,937.84 9817 9/26/2023 HOME DEPOT CREDIT SERVICES TOOLS & EQUIP (PW REPLACEMENT TOOLS) FY23-24 100630 51300 $2,000.00 9/26/2023 HOME DEPOT CREDIT SERVICES TOOLS & EQUIP (PW REPLACEMENT TOOLS) FY23-24 100510 51300 $2,060.96 CHECK TOTAL $4,060.96 9818 9/26/2023 HUMANE SOCIETY OF POMONA VALLEY INC IVHS ANIMAL CONTROL SERVICES IN AUGUST 100340 55404 $38,899.67 CHECK TOTAL $38,899.67 9819 9/26/2023 INTERIOR OFFICE SOLUTIONS INC FY2023-24 CITY HALL FURNITURE NEW STAFF 100620 56120 $2,079.21 CHECK TOTAL $2,079.21 9820 9/26/2023 J & J'S SPORTS & TROPHIES EMPLOYEE MUGS 100240 51400 $942.47 CHECK TOTAL $942.47 9821 9/26/2023 JASON VERHOLTZ BACKFLOW TESTING (CITYHALL) FY23-24 100620 52320 $200.00 CHECK TOTAL $200.00 9822 9/26/2023 K7 ENTERPRISES PRINTING OF SIGNS FOR SOTC 100240 52110 $225.97 CHECK TOTAL $225.97 5.2.b Packet Pg. 23 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9823 9/26/2023 KENS HARDWARE ROAD MAINT (MARKING PAINTS) FY 23- 24 100655 51250 $124.28 CHECK TOTAL $124.28 9824 9/26/2023 LA COUNTY ASSESSOR OFFICE SBF ABSTRACT - AUG 2023 100230 52314 $50.00 CHECK TOTAL $50.00 9825 9/26/2023 LA VERNE POWER EQUIPMENT INC TOOLS & EQUIP (PW REPLACEMENT TOOLS) FY 23-24 100630 51300 $2,546.71 CHECK TOTAL $2,546.71 9826 9/26/2023 LOCAL AGENCY ENGINEERING ASSOCIATES INC PS - ENGINEERING STAFF AUGMENT - AUG 2023 100610 54400 $2,867.50 CHECK TOTAL $2,867.50 9827 9/26/2023 LOS ANGELES COUNTY SHERIFF'S DEPT FY2023-24 SHERIFF GEN LAW ENF. SVCS. 07-2023 100310 55400 $627,720.11 9/26/2023 LOS ANGELES COUNTY SHERIFF'S DEPT FY2023-24 SHERIFF CAV CHAP SVCS. 07- 2023 100310 55402 $12,931.43 9/26/2023 LOS ANGELES COUNTY SHERIFF'S DEPT FY2023-24 SHERIFF CONCERTS SVCS 07- 2023 100520 55402 $8,597.06 CHECK TOTAL $649,248.60 9828 9/26/2023 LOWE'S BUSINESS ACCOUNT EQUIP MAINT (CITYHALL/FILTER) FY23-24 100620 52320 $42.97 CHECK TOTAL $42.97 9829 9/26/2023 MAHENDRA GARG STIPEND-PC MTG 8/22/23-GARG 100410 52525 $65.00 CHECK TOTAL $65.00 9830 9/26/2023 RICK RAYMOND MATTIE AV ASSISTANCE FOR CABLE CHANNEL STREAMING 100240 55000 $285.00 9/26/2023 RICK RAYMOND MATTIE DBRW COMMERCIAL 100240 52160 $700.00 CHECK TOTAL $985.00 9831 9/26/2023 METROLINK METROLINK PASSES - JULY 2023 206650 55610 $1,016.40 9/26/2023 METROLINK METROLINK PASSES - JULY 2023 206650 55620 $4,065.60 CHECK TOTAL $5,082.00 9832 9/26/2023 MICHAEL MINARDO PUBLIC HRG ENVELOPES 100410 51200 $394.20 CHECK TOTAL $394.20 9833 9/26/2023 NATIONAL TRENCH SAFETY INC RENT EQUIP (KRAIL8.4.23-8.31.23 GS SLOPE) FY23-24 100655 52300 $455.52 5.2.b Packet Pg. 24 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9/26/2023 NATIONAL TRENCH SAFETY INC EQUIP RENTAL (K-RAILS 090123-092823) FY 23-24 100655 52300 $455.52 CHECK TOTAL $911.04 9834 9/26/2023 OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $356.00 CHECK TOTAL $356.00 9835 9/26/2023 ONE TIME PAY VENDOR ALICESTEEN PEEVY FACILITY REFUND 100 20202 $200.00 CHECK TOTAL $200.00 9836 9/26/2023 ONE TIME PAY VENDOR AMY ANWAR FACILITY REFUND 100 20202 $200.00 CHECK TOTAL $200.00 9837 9/26/2023 ONE TIME PAY VENDOR CARMEN ANGELES FACILITY REFUND 100 20202 $200.00 CHECK TOTAL $200.00 9838 9/26/2023 ONE TIME PAY VENDOR CATHY SIMPSON FACILITY REFUND 100 20202 $1,565.00 CHECK TOTAL $1,565.00 9839 9/26/2023 ONE TIME PAY VENDOR CHUN HU RECREATION PROGRAM REFUND 100 20202 $139.00 CHECK TOTAL $139.00 9840 9/26/2023 ONE TIME PAY VENDOR DR. SAMIR BATNIJI FACILITY REFUND 100 20202 $500.00 CHECK TOTAL $500.00 9841 9/26/2023 ONE TIME PAY VENDOR E-DO KUNG USA CO. LTD FACILITY REFUND 100 20202 $358.70 CHECK TOTAL $358.70 9842 9/26/2023 ONE TIME PAY VENDOR FRANCES MCBRIDE RECREATION CLASS REFUND 100 20202 $30.00 CHECK TOTAL $30.00 9843 9/26/2023 ONE TIME PAY VENDOR GREGORY MERCADO FACILITY REFUND 100 20202 $750.00 CHECK TOTAL $750.00 9844 9/26/2023 ONE TIME PAY VENDOR ILSE MUNOZ FACILITY RENTAL 100 20202 $1,250.00 CHECK TOTAL $1,250.00 9845 9/26/2023 ONE TIME PAY VENDOR OSVALDO SALAZAR FACILITY REFUND 100 20202 $1,250.00 CHECK TOTAL $1,250.00 9846 9/26/2023 ONE TIME PAY VENDOR PAULINE SALDANA FACILITY REFUND 100 20202 $1,000.00 5.2.b Packet Pg. 25 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $1,000.00 9847 9/26/2023 ONE TIME PAY VENDOR SYLVIA ARAGAKI RECREATION CLASS REFUND 100 20202 $109.00 9/26/2023 ONE TIME PAY VENDOR SYLVIA ARAGAKI RECREATION PROGRAM REFUND 100 20202 $164.00 CHECK TOTAL $273.00 9849 9/26/2023 ONE TIME PAY VENDOR THERESA TRAN RECREATION PROGRAM CLASS REFUND 100 20202 $38.00 CHECK TOTAL $38.00 9850 9/26/2023 ONE TIME PAY VENDOR JOY ELIZABETH HALVERSON DBRW KICKOFF 100150 54900 $400.00 CHECK TOTAL $400.00 9851 9/26/2023 ONE TIME PAY VENDOR MR AND MRS PROPS DBRW KICKOFF 100150 54900 $380.00 CHECK TOTAL $380.00 9852 9/26/2023 ONE TIME PAY VENDOR - CND REFUND PRINCIPAL ROOFS SERVICES INC PR2023-0001614 /429 BALLENA 100 22105 $250.00 CHECK TOTAL $250.00 9853 9/26/2023 OTIS ELEVATOR COMPANY ELEVATOR MAINTENANCE (DBC) FY23- 24 100510 52320 $830.52 9/26/2023 OTIS ELEVATOR COMPANY ELEVATOR MAINTENANCE SURCHARGE (DBC) FY23-24 100510 52320 $100.00 CHECK TOTAL $930.52 9854 9/26/2023 PARKWOOD LANDSCAPE MAINTENANCE INC LANDSCAPE MAINT SVCS (DBC/PARKS - JULY) FY23-24 100630 55505 $34,207.73 9/26/2023 PARKWOOD LANDSCAPE MAINTENANCE INC LANDSCAPE MAINT SVCS (BC/PARKS- AUG) FY 23-24 100630 55505 $34,207.73 CHECK TOTAL $68,415.46 9855 9/26/2023 PROTECTION ONE INC BURGLAR ALARM (CITY HALL 09.29.23- 10.28.23) FY23-24 100620 52320 $41.74 CHECK TOTAL $41.74 9856 9/26/2023 PROTECTION ONE INC BURGLAR MONITORING (HERITAGE PARK) FY 23-24 100630 52320 $169.72 CHECK TOTAL $169.72 9857 9/26/2023 PROTECTION ONE INC BURGLAR ALARM/PANIC BUTTON (HERITAGE PARK) FY23-24 100630 52320 $219.30 CHECK TOTAL $219.30 5.2.b Packet Pg. 26 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9858 9/26/2023 PUBLIC STORAGE #23051 PARKS AND RECREATION OFF SITE STORAGE UNITS 100520 52302 $833.00 9/26/2023 PUBLIC STORAGE #23051 PARKS AND RECREATION OFF SITE STORAGE UNITS 100520 52302 $795.00 CHECK TOTAL $1,628.00 9859 9/26/2023 RAYMOND WALTER WOLFE STIPEND-PC MTG 8/22/23-WOLFE 100410 52525 $65.00 CHECK TOTAL $65.00 9860 9/26/2023 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - AUGUST 2023 206650 55610 $199.73 9/26/2023 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - AUGUST 2023 206650 55620 $798.92 CHECK TOTAL $998.65 9861 9/26/2023 REINBERGER CORPORATION BUSINESS CARD 100140 52110 $86.51 CHECK TOTAL $86.51 9862 9/26/2023 RETAIL MARKETING SERVICES INC AUGUST SHOPPING CART RETRIEVAL 250170 55000 $15.00 CHECK TOTAL $15.00 9863 9/26/2023 ROTH STAFFING COMPANIES, LP TEMP STAFFING - FINANCE WK 9/10/23 100210 54010 $1,152.00 9/26/2023 ROTH STAFFING COMPANIES, LP TEMP STAFFING - FINANCE WK 9/17/2023 100210 54010 $1,350.00 CHECK TOTAL $2,502.00 9864 9/26/2023 RUBEN TORRES STIPEND-PC MTG 8/22/23-TORRES 100410 52525 $65.00 CHECK TOTAL $65.00 9865 9/26/2023 SAN GABRIEL CONSERVATION CORP EARTH DAY 23 250170 55000 $1,656.00 CHECK TOTAL $1,656.00 9866 9/26/2023 SC FUELS FLEET VEHICLE FUEL (AUGUST-PART2) FY23-24 502620 52330 $102.57 9/26/2023 SC FUELS FLEET VEHICLE FUEL (AUGUST-PART2) FY23-24 502430 52330 $200.38 9/26/2023 SC FUELS FLEET VEHICLE FUEL (AUGUST-PART2) FY23-24 502630 52330 $624.52 9/26/2023 SC FUELS FLEET VEHICLE FUEL (AUGUST-PART2) FY23-24 502655 52330 $1,513.70 CHECK TOTAL $2,441.17 9867 9/26/2023 SIMPSON ADVERTISING INC BUSINESS CARD UPDATES 100240 54900 $325.00 5.2.b Packet Pg. 27 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $325.00 9868 9/26/2023 SO COAST AIR QUALITY MGT DISTRICT FACILITY LEASE IN OCT. 2023 100130 52302 $2,623.01 CHECK TOTAL $2,623.01 9869 9/26/2023 SPECTRUM BUSINESS CABLE TV/INTERNET - CITY HALL - AUG 2023 100230 54030 $1,727.81 9/26/2023 SPECTRUM BUSINESS INTERNET SERVICE - HERITAGE PARK - SEP 2023 100230 54030 $270.98 9/26/2023 SPECTRUM BUSINESS CABLE TV - DBC - SEP 2023 100230 54030 $127.15 CHECK TOTAL $2,125.94 9870 9/26/2023 TENNIS ANYONE INC TENNIS INSTRUCTION 23-24 100520 55320 $7,441.28 CHECK TOTAL $7,441.28 9871 9/26/2023 THE GAS COMPANY CITY HALL (081023-091123) FY 23-24 100620 52215 $22.82 9/26/2023 THE GAS COMPANY HERITAGE PARK (081123-091223) FY 23- 24 100630 52215 $22.81 CHECK TOTAL $45.63 9872 9/26/2023 TRANE SERVICE GROUP INC HVAC MECH MAINT (PANTERA PARK/JULY) FY 23-24 100630 52320 $856.83 9/26/2023 TRANE SERVICE GROUP INC HVAC BAS MAINT (DBC/JULY) FY 23-24 100510 52310 $5,131.76 9/26/2023 TRANE SERVICE GROUP INC HVAC BAS MAINT (HERITAGE PARK/JULY) FY 23-24 100630 52320 $2,625.24 9/26/2023 TRANE SERVICE GROUP INC HVAC MAINT (CITYHALL/JULY) FY 23-24 100620 52320 $4,109.93 CHECK TOTAL $12,723.76 9873 9/26/2023 TUCKER TIRE COMPANY INC FLEET VEHICLE MAINT (LIC#1407074) FY23-24 502655 52312 $25.00 CHECK TOTAL $25.00 9874 9/26/2023 VALLEY VISTA SERVICES, INC. STREET SWEEPING SERVICES (AUGUST) FY23-24 100655 55510 $14,790.00 CHECK TOTAL $14,790.00 9875 9/26/2023 WALNUT VALLEY WATER DISTRICT DISTRICT 38 WATER (AUG) FY23-24 238638 52220 $15,688.55 9/26/2023 WALNUT VALLEY WATER DISTRICT DISTRICT 38 RW (AUG) FY 23-24 238638 52220 $3,096.49 9/26/2023 WALNUT VALLEY WATER DISTRICT DISTRICT 39 WATER (AUG) FY 23-24 239639 52220 $8,456.38 9/26/2023 WALNUT VALLEY WATER DISTRICT PARKS WATER (AUG) FY 23-24 100630 52220 $36,989.37 5.2.b Packet Pg. 28 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9/26/2023 WALNUT VALLEY WATER DISTRICT PARKS RECYCLED WATER (AUG) FY 23- 24 100630 52220 $1,886.03 9/26/2023 WALNUT VALLEY WATER DISTRICT DBC WATER (AUG) FY 23-24 100510 52220 $598.32 9/26/2023 WALNUT VALLEY WATER DISTRICT CITYHALL WATER (AUG) FY 23-24 100620 52220 $916.88 9/26/2023 WALNUT VALLEY WATER DISTRICT DISTRICT 41 WATER (AUG) FY 23-24 241641 52220 $8,914.87 CHECK TOTAL $76,546.89 9876 9/26/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY 23-24 100510 51210 $352.10 9/26/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY 23-24 100510 51210 $145.03 9/26/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (PARKS) FY23-24 100630 51200 $186.85 CHECK TOTAL $683.98 9877 9/26/2023 WEST COAST ARBORISTS INC TREE MAINTENANCE (081623-083123) FY 23-24 100645 55522 $14,900.90 9/26/2023 WEST COAST ARBORISTS INC DISTRICT 38 TREE MAINT (070123-071523) FY 23-24 238638 55522 $450.25 9/26/2023 WEST COAST ARBORISTS INC TREE MAINTENANCE (070123-071523) FY 23-24 100645 55522 $11,728.20 9/26/2023 WEST COAST ARBORISTS INC TREE MAINT (071623-073123) FY 23-24 100645 55522 $8,209.15 9/26/2023 WEST COAST ARBORISTS INC DISTRICT 38 TREE MAINT (071623-073123) FY 23-24 238638 55522 $279.30 9/26/2023 WEST COAST ARBORISTS INC TREE MAINTENANCE (080123-081523) FY 23-24 100645 55522 $11,098.80 9/26/2023 WEST COAST ARBORISTS INC DISTRICT 41 TREE MAINT (080123-081523) FY 23-24 241641 55522 $905.15 9/26/2023 WEST COAST ARBORISTS INC TREE MAINT (GOLDEN SPRGS-071723- 072523) FY 23-24 100645 55522 $1,162.80 CHECK TOTAL $48,734.55 9878 9/26/2023 WILD WONDERS ENTERTAINMENT FOR HEALTHY DB 100520 55300 $585.00 CHECK TOTAL $585.00 9879 9/26/2023 WILLARD BRIAN POWERS MAINT - EQUIP (DBC) FY23-24 100510 52310 $745.00 CHECK TOTAL $745.00 9880 9/26/2023 WILLIAM AUSTIN RAWLINGS STIPEND-PC MTG 8/22/23-RAWLINGS 100410 52525 $65.00 CHECK TOTAL $65.00 5.2.b Packet Pg. 29 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9881 9/26/2023 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SVCS - JULY 2023 100120 54020 $554.40 9/26/2023 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SVCS - JULY 2023 100120 54020 $818.40 9/26/2023 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SVCS - JULY 2023 100120 54020 $924.00 9/26/2023 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SVCS - JULY 2023 100120 54020 $79.20 9/26/2023 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SVCS - JULY 2023 100120 54020 $475.20 9/26/2023 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SVCS - JULY 2023 100120 54020 $5,544.00 9/26/2023 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SVCS - JULY 2023 100120 54020 $79.20 9/26/2023 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SVCS - JULY 2023 100120 54020 $1,188.00 CHECK TOTAL $9,662.40 9882 9/26/2023 YUNEX LLC TS MAINTENANCE - CALL-OUTS - JUL 2023 207650 55536 $6,519.24 CHECK TOTAL $6,519.24 GRAND TOTAL $1,509,781.59 5.2.b Packet Pg. 30 Agenda #: 5.3 Meeting Date: October 3, 2023 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: ENTERTAINMENT SERVICES AGREEMENT WITH JAMES EVENT PRODUCTIONS TO PROVIDE ENTERTAINMENT SERVICES FOR CITY-WIDE PROGRAMS AND EVENTS THROUGH JUNE 30, 2028. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve and authorize the City Manager to sign the Entertainment Services Agreement with James Event Productions. FINANCIAL IMPACT: The total not-to-exceed amount of the Agreement for FY 2023-24 is not-to-exceed $108,500. The not-to-exceed amount for the following four years would be $50,000 per fiscal year, totaling $308,500 over the five -year agreement. Sufficient funds are included in the FY 2023-24 Parks and Recreation budget to cover the cost of such services and would be included in subsequent budget cycles. An annual CPI adjustment may be requested by James Event Productions after the first year of the term. DISCUSSION: The City of Diamond Bar hosts popular City-wide programs and special events that require entertainment and additional staff support. These large events include community favorites such as the Halloween Party, Snow Fest, and upcoming City’s 35 th Birthday Party this fiscal year. Services and attractions for these special events and programs typically include carnival games, inflatables, rides, strolling entertainment such as jugglers and stilt walkers, face and hair painters, balloon twisters, musical entertainment, master of ceremony services, and more to augment activities provided by City staff. On May 30, 2023 the City published a request for proposals on Planet Bids with a deadline of June 16, 2023. A total of 14 vendors were notified and three proposals were 5.3 Packet Pg. 31 received. James Event Productions was the only vendor able to meet the full requirements of the City’s RFP. After a thorough staff review, James Event Productions is recommended based on their variety of services, pricing structure, and excellent references. James Event Productions provided a complete brochure of services with competitive pricing, as well as a dedicated event manager. James Event Productions works with multiple municipalities as well as corporations such as the Walt Disney Company and Kaiser Permanente. James Event Productions has been an established vendor with the City of Diamond Bar since 2005 and has provided these services with exceptional reliability and professionalism. LEGAL REVIEW: The City Attorney has reviewed and approved the agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.3.a James Events Contract 5.3 Packet Pg. 32 1 Vendor Services - entertainment 1292531.1 VENDOR SERVICES AGREEMENT ENTERTAINMENT SERVICES THIS AGREEMENT (the "Agreement") is made as of October 3, 2023 by and between the City of Diamond Bar, a municipal corporation ("City") and James Event Productions, a California Corporation (herein referred to as the “Vendor”). 1. Vendor's Services. Subject to the terms and conditions set forth in this Agreement Vendor shall provide to the reasonable satisfaction of the City entertainment services set forth in the attached Exhibit "A" – City’s Request for Proposal, which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Vendor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Vendor 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. Andee Williams, Recreation Supervisor, (herein referred to as the “City’s Project Manager”), shall be the person to whom the Vendor will report for the performance of services hereunder. It is understood that Vendor 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 Vendor 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 October 3, 2023, and shall continue until June 30, 2028 ("Term"), unless earlier terminated pursuant to the provisions herein. After completion of the first term year, the consultant can request a CPI adjustment and any increase in compensation will be negotiated between the City and the Consultant per fiscal year, 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 Vendor for each service which Vendor performs to the satisfaction of City in compliance with the services set forth in Exhibit "B". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Vendor pursuant to this Agreement shall not exceed one hundred and eight thousand, five hundred dollars ($108,500) for the 23/24 fiscal year and fifty thousand dollars ($50,000) for fiscal years 24/25, 25/26, 26/27, 27/28. 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. 5.3.a Packet Pg. 33 2 Vendor Services - entertainment 1292531.1 4. Payment. A. As scheduled services are completed, Vendor 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 vendor the amount invoiced by check within 90 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 Vendor. 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. In the event of any inconsistency between this Agreement and the attached exhibits, the following order of precedence shall apply: (1) The Agreement; (2) The City’s Request for Proposal (Exhibit “A”) and the Cost proposal bit sheet filled out by Vendor (Exhibit “B”). 7. Status as Independent Vendor. A. Vendor is, and shall at all times remain as to City, a wholly independent Vendor. Vendor 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 Vendor or any of Vendor's employees, except as set forth in this Agreement. Vendor 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. Vendor agrees to pay all required taxes on amounts paid to Vendor 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 Vendor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent Vendor status of Vendor and the audit in any way fails to sustain the validity of a wholly independent Vendor relationship between City and Vendor, then Vendor agrees to reimburse City for 5.3.a Packet Pg. 34 3 Vendor Services - entertainment 1292531.1 all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Vendor shall fully comply with Workers' Compensation laws regarding Vendor and Vendor's employees. Vendor further agrees to indemnify and hold City harmless from any failure of vendor to comply with applicable Worker's Compensation laws. D. Vendor shall, at Vendor’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 Vendor under this Agreement any amount due to City from Vendor as a result of Vendor'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 Vendor’s failure to comply with this Section. 8. Standard of Performance. Vendor 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 sub vendors 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. Vendor 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 Vendor’s employees or Vendor’s Vendor’s employees arising out of Vendor’s work under this Agreement; and (2) Any and all claims arising out of Vendor'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 Vendor’s legal counsel unacceptable, then Vendor 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 Vendor 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 5.3.a Packet Pg. 35 4 Vendor Services - entertainment 1292531.1 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 Vendor's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement. 10. Insurance. A. Vendor 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 Vendor, its officers, employees, agents, and independent Vendors 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. Vendor 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 Vendor 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. 5.3.a Packet Pg. 36 5 Vendor Services - entertainment 1292531.1 E. Vendor 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 Vendor (as the named insured) should Vendor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Vendor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Vendor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Vendor’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 Vendor 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 Vendor 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 Vendor, which amounts may be deducted from any payments due Vendor. I. Vendor shall include all subVendors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subVendor to the City for review and approval. All insurance for subVendors shall be subject to all of the requirements stated herein. 11. Confidentiality. Vendor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Vendor covenants that all data, documents, discussion, or other information developed or received by Vendor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Vendor 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. Vendor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Vendor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Vendor'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 Vendor in the performance of this Agreement shall 5.3.a Packet Pg. 37 6 Vendor Services - entertainment 1292531.1 be and remain the property of City without restriction or limitation upon its use or dissemination by City. Vendor may, however, make and retain such copies of said documents and materials as Vendor may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Vendor and its sub Vendors 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 Vendor's records regarding the services provided under this Agreement. Vendor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Vendor 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. Vendor 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 Vendor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Vendor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Vendor 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. Vendor 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. Vendor's covenant under this section shall survive the termination of this Agreement. 15. Termination. The CITY may cancel performance of this Agreement without cause upon 15 days’ notice to Vendor. If the CITY terminates this Agreement without cause, Vendor shall be paid for all services provided under this Agreement up to and including the date of termination. Either party may cancel this Agreement due to a default thereof, including, but not limited to, unsafe working conditions; provided that prior to a termination for cause the non-defaulting party shall provide the defaulting party with written notice of the alleged default and an opportunity to cure within 10 days, if the default is in fact subject to cure within such 10-day period. If the default is not subject to cure, either party may cancel this Agreement due to default upon written notice. 16. Personnel/Designated Person. Vendor 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 Vendor or under it supervision, and all personnel engaged in the work shall be qualified 5.3.a Packet Pg. 38 7 Vendor Services - entertainment 1292531.1 to perform such services. Except as provided in this Agreement, Vendor reserves the right to determine the assignment of its own employees to the performance of Vendor's services under this Agreement, but City reserves the right in its sole discretion to require Vendor to exclude any employee from performing services on City's premises. 17. Non-Discrimination and Equal Employment Opportunity. A. Vendor 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. Vendor will, in all solicitations or advertisements for employees placed by or on behalf of Vendor 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. Vendor 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. Vendor shall do all things necessary and incidental to the prosecution of Vendor’s work. 20. Reserved. 21. Reserved. 22. Assignment. Vendor shall not assign or transfer any interest in this Agreement nor the performance of any of Vendor's obligations hereunder, without the prior written consent of City, and any attempt by Vendor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Vendor 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 Vendor constitute or be construed as a waiver by 5.3.a Packet Pg. 39 8 Vendor Services - entertainment 1292531.1 City of any breach of covenant, or any default which may then exist on the part of Vendor, 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 Vendor. 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. “VENDOR” “CITY” James Event Productions, Inc City of Diamond Bar 1116 N. Olive Street 21810 Copley Drive Anaheim, CA 92801 Diamond Bar, CA 91765-4178 Attn.: Donna Steel Attn.: Andee Williams Phone: 714.563.9778 Phone: 909.839.7067 E-Mail: donna@jamesevents.com E-mail: awilliams@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. 5.3.a Packet Pg. 40 9 Vendor Services - entertainment 1292531.1 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Vendor 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. 5.3.a Packet Pg. 41 IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "VENDOR" Appr 10 1292531.1 "CITY" CITY OF DIAMOND BAR By: _________ _ Dan Fox, City Manager ATTEST: Kristina Santana, City Clerk Vendor Services -entertainment 5.3.a Packet Pg. 42 REQUEST FOR PROPOSAL The City of Diamond Bar is currently accepting proposals for entertainment services for special events during the 23/24 fiscal year. Introduction The City of Diamond Bar has several special event’s that require entertainment services during the 23/24 fiscal year. Events Include: Halloween Party, Winter Snow Fest, City Birthday, and Concerts in the Park. Please bid on the information listed below. Scope of Services All proposal must be itemized per event and include tax, delivery and any other additional charges. Please submit your quote based on the information provided. Once the vendor has been selected, actual event information and locations will be provided. Please quote on the following: Halloween Party • MC/ Disc Jockey – make announcements, lead games for dogs, play family friendly background music • 3 hours of service • Event Time: 9am-12pm • Location: Pantera Park – 738 Pantera Drive, Diamond Bar, CA 91765 Winter Snow Fest • (1) Santa • (1) Walking Christmas Tree • (1) Stilt-walking Elf • 4 hours of service from 9am-1pm • Event Time: 8am-2pm • Location: Pantera Park – 738 Pantera Drive, Diamond Bar, CA 91765 City Birthday • (1) Ferris Wheel • (1) Climbing Wall • (1) Giant Slide • (1) Large Pirate Ship • (1) Kid Power • (1) Carousel • (1) Paratrooper • (1) Scat • (1) Traffic Circle • (1) Large Swing Chair • (1) Zipper • (1) Wizzer Exhibit "A" 5.3.a Packet Pg. 43 • (1) Scrambler • (1) Joust inflatable • (1) Raceway Inflatable Track • (1) 3-in-1 inflatable • (2) Bounce houses • (1) Obstacle Course • (1) Inflatable slides • (1) Axe Throw • (1) Wacky Ball • (1) Face Painter • (1) Balloon Artist • (1) Magician • (1) Photo Booth • (1) Stilt Walker • (1) Wacky Hair Stylist • (25) Game booths w/staffing • Power for all attractions, rides, and game booths. • (12) Custodial staff • 8 hours of service from 9am-5pm • Event Time: 9am-5pm • Location: Summitridge Park – 1600 Grand Ave, Diamond Bar, CA 91765 Concerts in the Park • (2) Face Painter • (1) Balloon Twister • (2) Wacky Hair Stylist • (1) Juggler • (1) Statue of Liberty Stilt Walker • 2 hours of service • Event Time: 6:00 – 8 p.m. • Location: Summitridge Park – 1600 Grand Ave, Diamond Bar, CA 91765 Summer Day Camp • (1) Face Painter • (1) Wacky Hair Stylist • 3 hours of service • Location: Heritage Park – 2900 S. Bea Canyon, Diamond Bar, CA 91765 Vendor Requirements 1. Fill out and submit the Cost Proposal – Bid Sheet on PlanetBids. 2. Vendor will be required to sign a Vendor Service Agreement and meet all requirements outlined in the agreement including insurance and provide documents prior to beginning work. 3. Please provide three references from either another municipality or closely related customer to help with the selection. 4. Delivery/ pick up/ service of all items. 5. Must be able to accept payment in check form and provide itemized invoices. 6. Must be able to submit W-9 Form. 5.3.a Packet Pg. 44 Insurance Coverage: Vendor must provide Certificate of Liability Insurance $1,000,000.00 per occurrence and Additional Endorsement as required by City policy. (See draft Vendor Services Agreement sample for specific additional requirements coverage) Selection Criteria In reviewing and evaluating the response to this RFP, City staff will be considering the following: •Responsiveness and comprehensiveness of the proposal with respect to this Request for Proposal (RFP). •Availability of the company and their ability to meet the proposal scope of work. •References •Cost of quoted items. Please provide three references from either another municipality or closely related customer to help with the selection. The City reserves the right to reject any or all proposals and may elect to make a decision without further discussion or negotiation. This solicitation for proposals is not to be construed as a contract or order of any kind. The City is not liable for any costs or expenses incurred in the preparation of the proposal. Additional Information Questions (please respond to in Cost Proposal – Bid Sheet) 1.Do you have an emergency call number? 2.Do you provide discount pricing for government agencies? If you have any questions, please contact Andee Williams at 909.839.7067. To be considered, proposals must be submitted to the City of Diamond Bar by Wednesday, June 14, 2023 @ 5PM 5.3.a Packet Pg. 45 Company Name Address Name & Title Phone Email Item Description QTY Cost/item Total Cost MC/ Disc Jockey make announcements, lead games for dogs, play family friendly background music 1 Delivery Tax Total Item Description QTY Cost/item Total Cost Santa 1 Walking Christmas Tree 1 Stilt-walking Elf 1 Delivery Tax Total CITY OF DIAMOND BAR: COST PROPOSAL - BID SHEET Halloween Party Entertainment Please bid on example. • 3 hours of service • Event Time: 9 a.m. - 12 p.m. • Location: Pantera Park – 738 Pantera Drive, Diamond Bar, CA 91765 *If your company does not offer any of these products please put a $0 in the total cost. Winter Snow Fest Entertainment *If your company does not offer any of these products please put a $0 in the total cost. Please bid on example. •4 hours of service 9am-1pm • Event Time: 8 a.m. - 2 p.m. • Location: Pantera Park – 738 Pantera Drive, Diamond Bar, CA 91765 ([KLELW%5.3.a Packet Pg. 46 Item Description QTY Cost/item Total Cost Ferris Wheel Carnival Ride 1 Climbing Wall Carnival Ride 1 Giant Slide Carnival Ride 1 Large Pirate Ship Carnival Ride 1 Kid Power Carnival Ride 1 Carousel Carnival Ride 1 Paratrooper Carnival Ride 1 Scat Carnival Ride 1 Traffic Circle Carnival Ride 1 Large Swing Chair Carnival Ride 1 Zipper Carnival Ride 1 Wizzer Carnival Ride 1 Scrambler Carnival Ride 1 Joust Inflatable Inflatable Attraction 1 Raceway Inflatable Track Inflatable Attraction 1 3-in-1 Inflatable Inflatable Attraction 1 Bounce Houses Inflatable Attraction 2 Ocstacle Course Inflatable Attraction 1 Inflatable Slides Inflatable Attraction 1 Axe Throw Inflatable Attraction 1 Wacky Ball Inflatable Attraction 1 Face Painter 1 Balloon Artist 1 Magician 1 Photo Booth 1 Stilt Walker 1 Wacky Hair Stylist 1 Game Booths w/staffing 25 Power for all attractions, rides, and game booths Custodial Staff 12 Delivery Tax Total Please bid on example. •8 hours of service 9am-5pm •Event Time: 9 a.m. - 5 p.m. •Location: Summitridge Park – 1600 Grand Ave, Diamond Bar, CA 91765 City Birthday Attractions & Entertainment *If your company does not offer any of these products please put a $0 in the total cost. 5.3.a Packet Pg. 47 Item Description QTY Cost/item Total Cost Face Painter 2 Balloon Twister 1 Wacky Hair Stylist 2 Juggler 1 Statue of Liberty Stilt Walker 1 Delivery Tax Total Item Description QTY Cost/item Total Cost Face Painter 1 Wacky Hair Stylist 1 Delivery Tax Total *If your company does not offer any of these products please put a $0 in the total cost. 2. Do you provide discount pricing for government agencies? Additional Information Questions 1. Do you have an emergency call number? Please bid on example. •3 hours of service •Location: Heritage Park – 2900 S. Bea Canyon, Diamond Bar, CA 91765 Summer Day Camp Entertainment *If your company does not offer any of these products please put a $0 in the total cost. Concerts in the Park Entertainment Please bid on example. • 2 hours of service • Event Time: 6:00 p.m. - 8 p.m. • Location: Summitridge Park – 1600 Grand Ave, Diamond Bar, CA 91765 5.3.a Packet Pg. 48 Signature Date Printed Name Title Company Name “I affirm that I have reviewed the Request for Proposal (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 subject to the provisions of the Public Records Act. The City shall have the right to terminate at any time any contract awarded to an RFP response that contains false information.” AKNOWLEDGEMENT OF REVIEW 5.3.a Packet Pg. 49 Agenda #: 5.4 Meeting Date: October 3, 2023 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CONSULTING SERVICES AGREEMENT WITH BLACK O'DOWD AND ASSOCIATES, INC. FOR THE DESIGN OF HERITAGE PARK RENOVATION PROJECT PHASES I AND II (CIP# FP24502). STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Determine that approval of the design services agreement for the proposed project is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Article 18, Section 15262; and B. Approve, and authorize the City Manager to sign, the Consulting Services Agreement with Black O'Dowd and Associates, Inc. in a not -to-exceed amount of $362,300, plus a contingency amount of $72,460, for a total authorization amount of $434,760. FINANCIAL IMPACT: The Fiscal Year 2023/24 Capital Improvement Program (CIP) includes sufficient budget from the Park Development Fund (Fund 262) for the Project as follows: Heritage Park Renovation Phases 1 and 2 (Design) (CIP# FP24502) Budget Encumbrance/ Expenses Balance Park Development Fund $500,000 $500,000.00 Consultant Services for Design ($362,300) $137,700 Consultant Services for Design Contingency (20%) ($72,460) $65,240 Balance $65,240 The total contingency amount of $72,460 will only be used for the optional tasks listed in the Consultant’s Proposal, if needed, or if unforeseen circumstances warrant a contract 5.4 Packet Pg. 50 change order. The balance of the project budget will be used for the constr uction phase or other applicable project costs. BACKGROUND: The City’s Heritage Park (Park), located at 2900 South Brea Canyon Rd, was the area’s original developer’s office location in the 1950s and 1960s. The Park consists of 3.4 acres, which includes a community room, and was originally a neighborhood park with certain amenities owned/operated by Los Angeles County prior to 1989. The existing building was last renovated in September 1993 and has been in need of further improvements. Subsequent to the City Council’s Study Session of July 16, 2019, after reviewing four (4) proposed conceptual plan options for the renovation s, on October 1, 2019, the City Council approved a new Option 5 for the renovation project (Attachment 3). Option 5 was prepared based on the feedback received from the City Council. Option 5 proposes the renovation project in three phases. Phase I mainly focuses on the sidewalks, outside restrooms, the community room, and the parking lot areas. Phase 2 includes renovation of the basketball court, picnic areas, and tot lot playground area, and also mitigation of drainage and runoff issues in the park. Both Phases I and II includes Americans with Disabilities Act (ADA) compliance improvements. Phase III encompasses the baseball field area. On June 7, 2022, the City Council approved the Fiscal Year 202 3/24 CIP Budget, which includes the Heritage Park Renovation Phases I and II Design Project (Project) under CIP# FP24502. ANALYSIS: On June 27, 2023, staff released a Request for Proposal (RFP) for the Project on the City’s online bidding system, PlanetBids. At the submission deadline of August 10, 2023, seven (7) consultant firms submitted responsive proposals as follows: Firm Proposal Cost* Black O'Dowd and Associates, Inc. $362,300 Recommended PBLA Engineering, Inc. $368,320 Albert A. Webb associates $486,424 Goodale Architecture Planning $517,500 IDS Group, Inc. $523,231 Tait & Associates, Inc. $524,445 Architag, LLP $527,500 *Excludes optional items proposed by the vendors. In reviewing and evaluating the proposals, a panel of City staff considered the following: • Responsiveness and comprehensiveness of the proposal with respect to the 5.4 Packet Pg. 51 RFP; • Availability of the consultants/subs and their ability to deliver the proposed scope of work; • Information obtained from references (past projects); and • Fee costs. Of the seven (7) proposals, Black O'Dowd and Associates, Inc. (BOA) ranked the highest in the total rating. BOA’s proposal also proposed the lowest responsive cost for all requirements listed in the RFP, excluding their proposed optional items. A short form of BOA’s proposal, which includes the proposed scope of service and cost, is provided in Exhibit “A” (Attachment 2) of the Agreement (Attachment 1). The full-length version of BOA’s proposal and the City’s RFP are available from the Public Works Department. The design work would commence immediately after the contract award with a proposed design schedule between 6 to 9 months. ENVIRONMENTAL REVIEW: The City Council’s approval of the Consultant Services Agreement for design services is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to Article 18 (Statutory Exemptions), Section 15262 of the CEQA Guidelines, which exempts “feasibility or planning studies for possible future actions [that] the agency has not yet approved.” LEGAL REVIEW: The City Attorney has reviewed and approved the Agreement as to form . PREPARED BY: 5.4 Packet Pg. 52 REVIEWED BY: Attachments: 1. 5.4.a Contract - Black O'Dowd and Associates, Inc. 2. 5.4.b Exhibit "A" - Short Form Proposal 3. 5.4.c Conceptual Site Plan 5.4 Packet Pg. 53 1 Professional Services - Design 1614063.1 CONSULTING SERVICES AGREEMENT Design Professional THIS AGREEMENT (the "Agreement") is made as October 3, 2023 by and between the City of Diamond Bar, a municipal corporation ("City") and Black O’Dowd and Associates, Inc. a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the Heritage Park Renovation Project Phase 1 and 2 Design 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. Hal Ghafari, Public Works Manager/Assistant City Engineer (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consulta nt 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 her eunder 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 October 3, 2023, and shall continue until the work herein is completed 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 onl y after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed three hundred sixty-two thousand, three hundred dollars and zero cents ($362,300.00) 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. DocuSign Envelope ID: 0B9EF3A2-016D-43FC-86EF-BEDD0ED1AB13 5.4.a Packet Pg. 54 2 Professional Services - Design 1614063.1 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 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. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal, 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 subconsu ltants, 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. DocuSign Envelope ID: 0B9EF3A2-016D-43FC-86EF-BEDD0ED1AB13 5.4.a Packet Pg. 55 3 Professional Services - Design 1614063.1 D. Consultant shall, at Consultant’s sole cost and expense fully secure and comply with all federal, state and local governmenta l 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 any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. To the maximum extent permitted by Civil Code se ction 2782.8, Consultant shall defend, 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 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. DocuSign Envelope ID: 0B9EF3A2-016D-43FC-86EF-BEDD0ED1AB13 5.4.a Packet Pg. 56 4 Professional Services - Design 1614063.1 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined 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. 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 DocuSign Envelope ID: 0B9EF3A2-016D-43FC-86EF-BEDD0ED1AB13 5.4.a Packet Pg. 57 5 Professional Services - Design 1614063.1 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. 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 requi red 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. DocuSign Envelope ID: 0B9EF3A2-016D-43FC-86EF-BEDD0ED1AB13 5.4.a Packet Pg. 58 6 Professional Services - Design 1614063.1 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 c opies 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. 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 fo r 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 reasonab ly 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 DocuSign Envelope ID: 0B9EF3A2-016D-43FC-86EF-BEDD0ED1AB13 5.4.a Packet Pg. 59 7 Professional Services - Design 1614063.1 Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any 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 handi cap, 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 th e 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 five (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 Manager and the Consultant. 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. 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 DocuSign Envelope ID: 0B9EF3A2-016D-43FC-86EF-BEDD0ED1AB13 5.4.a Packet Pg. 60 8 Professional Services - Design 1614063.1 exceed the not to exceed amount absent a written amendment to this Agree ment. 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. 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, a s 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. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. DocuSign Envelope ID: 0B9EF3A2-016D-43FC-86EF-BEDD0ED1AB13 5.4.a Packet Pg. 61 9 Professional Services - Design 1614063.1 “CONSULTANT” “CITY” Black O’Dowd and Associates, Inc. City of Diamond Bar 1511 Cota Avenue 21810 Copley Drive Long Beach, CA 908013 Diamond Bar, CA 91765-4178 Attn.: Edward Lok Ng, Architect Attn.: David G. Liu, P.E. Phone: (562) 912-7900 Phone: (909) 839-7040 E-Mail: Lok.Ng@boaarchitecture.com E-mail: DLiu@diamondbarca.gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" "City" Black O’Dowd and Associates, Inc. CITY OF DIAMOND BAR By: By: Printed Name: Daniel Fox, City Manager Title: By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk Approved as to form: By: Omar Sandoval, City Attorney DocuSign Envelope ID: 0B9EF3A2-016D-43FC-86EF-BEDD0ED1AB13 Edward Lok Ng president president 5.4.a Packet Pg. 62 10 Professional Services - Design 1614063.1 *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 corporat e 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. DocuSign Envelope ID: 0B9EF3A2-016D-43FC-86EF-BEDD0ED1AB13 5.4.a Packet Pg. 63 Exhibit A Black O’Dowd and Associates, Inc. Proposal DocuSign Envelope ID: 0B9EF3A2-016D-43FC-86EF-BEDD0ED1AB13 5.4.a Packet Pg. 64 Re: Heritage Park Renovation Project FP24502 To: David G Liu, PE MUNICIPAL PARKS EXPERTISE After having thoroughly reviewed your RFP and walking the project site, we feel that the BOA Design Team is a very “good fit” for your Heritage Park Renovation project. As the prime-consultant BOA is a 7-person architectural firm with a competitive advantage in municipal architectural projects including: renovation/addition; interior improvements, façade improvements, building systems modernization, roof repair/replacement, and ADA compliance projects. Our “sweet spot” are architectural renovation construction projects in the $60,000 to $6,000,000 range. In continuous business for over 60 years, BOA has completed architectural design services for over 2000 public works projects for over 80 local cities and public entities. Of particular interest to you is that we have completed over 500 Public Park facilities architectural renovation projects for numerous municipalities and counties. Joining BOA on our Design Team is renown Public Park designer, David Volz Design (DVD), Landscape Architects. DVD has designed over 1000 public parks projects. BOA & DVD recently completed or in the design phase, the design for 5 municipal park renovation projects at South Gate Hollydale Park, Gardena Mas Fukai Park, Glendale Fremont Park, Glendale Verdugo Park, Glendale Glorietta Park, and LA Mirada Behringer Park. We are confident we can compete favorably with just about any other firm on these types of municipal Park (site amenities and building) renovation projects. Our staff expertise and production systems are geared toward these types of modernization and often “messy” renovation projects. Aug 10, 2023 COVER LETTER ADA COMPLIANCE EXPERTISE During the 7-18-23 Pre-Proposal Meeting it was mentioned that ADA Compliance was most important to your project. In response, since the 1991 enactment of the American Disabilities Act (ADA), BOA has been at the architectural forefront in the modification of existing facilities to comply with the ADA. Totaling over 800 public facilities, BOA has arguably designed more architectural projects for the sole purpose of ADA Compliance, than ANY other architectural firm in Southern California. BOA has in-house, CASp-certified, expertise and an abundance of past ADA compliance experience. BOA has been under contract to retrofit Government-owned facilities for ADA Compliance for the following governmental agencies: • San Bernardino County (35 Projects) • State of California, Dept. of Motor Vehicle (7 Design & construction projects and ADA transition plan for 32 facilities) • State of California, Dept. of Mental Health (24 Facilities and 600,000 S.F.) • City of Long Beach (80 Projects) • City of Hawthorne (20 Projects) • City of Irvine (10 Projects) • City of Placentia (12 Projects) • U.S. Postal Service (20 Projects for the LA Region) • City of Santa Maria (56 Facilities) • Cerritos College (35 Facilities) • East L.A. College (40 Facilities) Along with ADA Compliance architectural design expertise, BOA has also provided Access Compliance Plan Review services for the Cities of Placentia and Pasadena and the Los Angeles Basin Regional Office of the Division of the State Architect. Our role was to ensure that construction drawings and specifications comply with accessibility standards based on the California Building Code, the Americans with Disabilities Act Accessibility Guidelines, and DSA’s Accessibility Plan Review Guidelines. BOA Has an establish and proven approach to ADA Compliance. We have developed ADA checklists to quickly identify barriers to the Disabled. We have in-house staff with an over abundance of ADA Compliance project experience. We have very accurate ADA Compliance cost estimating. BOA also has an in-house Quality Control program to ensure project thoroughness. We will use our ADA Compliance expertise to your benefit and to not only resolve Heritage Park’s non- compliance issues but also creatively and esthetically enhance your facilities. BOA will be evaluating situations where architectural changes in your existing buildings may not be feasible or desirable. In that case, some other reasonable accommodations need to be made. For example, at the Community Center, one would probably not be required to lower all non-compliant countertops for wheelchair access. To save on construction costs, we would recommend modifying only the sink cabinet for ADA compliance. The ADA allows equivalent facilitation where only a portion of the countertop needs to be accessible. Another example is at an existing facility, a new hi-low accessible drinking fountain will probably not be required if an existing accessible drinking fountain was located relatively close by. In this case, a directional sign to the accessible drinking fountains will be all that will be required. 5.4.b Packet Pg. 65 Edward Lok Ng, Architect/ LEED AP BOA ARCHITECTURE BOA Architecture’s mission statement is to be a recognized leader in architecture and to consistently exceed the expectations of our clients, employees and design partners. We thank you for your time and consideration. BOA FIRM PROFILE Year Established: 1961 Years In Business: 62 years of continuous operation Current Number of Personnel: 7 Structure of Organization: S CORPORATION Stockholder: Edward Lok Ng Current Annual Dollar Volume of Work: $1,500,000 Level of Professional Liability Insurance: $2,000.000 Professional Liability, $2,000,000 General Liability Federal Tax ID: 95-2632309 State I.D. #153-7551-2 California Corporation #D055-4236 LEGAL NAME AND ADDRESS OF FIRM: Black, O’Dowd and Associates, Inc. dba BOA Architecture 1511 Cota Avenue Long Beach, CA 90813 Phone: (562) 912-7900 E-Mail: lok.ng@boaarchitecture.com SERVICES PROVIDED BY FIRM: Architecture Interior Design ADA Compliance Consultant YEAR FIRM ESTABLISHED: BOA was originally established in 1961 under the name of Black, O’dowd and Associates. PRINCIPAL CONTACT: Edward Lok Ng, Architect, LEED AP #C16840 Employed since 1982, Principal since 1996, License CA ADA/ CASp: Leo Arteaga, CASp #55 Employee Since 1998 City of Cypress (2018-Current) 5275 Orange Avenue Cypress, CA 90630 City Bellflower (2016-2020) 16600 Civic Center Dr. Bellflower, CA 90706 City of Placentia (2018-Current) 401 E. Chapman Ave. Placentia, CA 92870 Bernie Iniguez (re: Thompson Park Community Ctr. and Aquatic Ctr. Renovation) biniguez@bellflower.org (562) 804-1424 Luis Estevez, Acting Deputy City Administrator (re: Backs Community Center and Historic old city hall renovation) lestevez@placentia.org (714) 993-8120 Nick Mangkarakiri (re. Senior Ctr. and Community Center renovation) nmangkai@cypressca.org (714) 229-6729 City of Newport Beach 100 Civic Center Dr Newport Beach, CA 92660 Tom Sandefur, P.E. (re: Cliff Dr. Clubhouse Teen Ctr. and 8 beach restrooms) (949) 644-3321 tsandefur@newportbeachca.gov REFERENCES City of Gardena 1917 W. 162nd St. Gardena CA 90247 Kevin Kwak, P.E. assist Public Works Director (re: Mas Fukai Parks renovation & new Community Center) (310) 217-9643 kkwak@cityofgardena.org A. PROJECT TEAM 5.4.b Packet Pg. 66 ORGANIzATION CHART Sub-Consultant Pacific Engineering Structural Engineers Sub-Consultant Engineering Design Analysis, Inc. Mech, Elect, Plumbing Engineers Sub-Consultant David Volz Design (DVD) Landscape Architect Our In-House staff resumes are attached in the Appendix. Please note that BOA Architecture, as the prime-consultant, will be responsible for all aspects of your project, including architect and engineering. BOA staff, Edward Lok Ng, Architect, will be the project manager overseeing your entire project, and have day-to-day communication with you. Leo Arteaga, CASp, will lead the ADA compliance assessment and design, and be responsible for the Quality Control of the entire Construction Documents. Kyle Ng, Interior Designer, will design the building additions and select all the interior finishes. Our sub-consultants that are listed above are all State of California licensed professionals in their respective disciplines, and have teamed with BOA on numerous other municipal projects for over 20-years. Note that only our major sub-consultant’s qualifications are attached in the Appendix, our minor consultants qualifications are available upon request. Mechanical Engineer: Engineering- Design-Analysis 10231 Slater Ave., Suite 203, Fountain Valley, CA 92708 Kevin Friedman, P.E. CA State License# 27267- holds a BSME from Purdue University. Mr. Friedman has over 30 years’ experience in facilities planning and design, interiors design, special building systems planning and design, laboratory design, controls, energy conservation, and computerized building modeling and simulation for commercial and public works projects. EDA has worked with BOA on over 500 building renovation projects for over 20 years. Structural Engineer: Pacific Engineering, 17703 Crenshaw Blvd. Torrance, CA 90504 17703 Crenshaw Blvd. Torrance, CA 90504; Victor Chaiprasert CA State License #C36235 - Mr. Chaiprasert is a registered structural engineer in the State of California with over 30 years of experience in steel, timber, masonry and reinforced concrete construction of all types of structures. BOA has worked with Pacific Engineering for over 20 years. Landscape Architect: DVD Landscape Architect, 151 Kalmus Dr., Suite M8, Costa Mesa, CA 92626 In continuous business for nearly 30 years, David Volz Design (DVD) has teamed with BOA on numerous public park renovation projects. DVD has a long resume of outstanding park refurbishment projects. DVD has provided complete makeovers for community facilities creating new recreation offerings, providing up-to-date access opportunities, and updating the viability of existing park infrastructure. DVD is currently working on large park refurbishment projects in Santa Ana, Yorba Linda, Baldwin Park, L.A. City and Costa Mesa. Primrose Park in Temple City, a Proposition 68-funded project, was opened to much fanfare in February of this year. DVD just completed a 5-year multi-million-dollar update of South Gate’s 100-acre community park, and recently Orangewood Park in West Covina was completely rebuilt into a stellar community facility. We have designed a fourteen-million-dollar makeover for Fremont Park with BOA, Glendale’s oldest park, this project will be under construction by the fall. We have also partnered with BOA on the Mas Fukai Park renovation project for the City of Gardena. DVD is well prepared to work with BOA and your staff to implement a comprehensive refurbishment plan that will provide updated recreational opportunities, sustainable improvements, and maintenance upgrades that will enhance Heritage Park’s value to the Diamond Bar community. We will use the concept plan and approved program as a guide to provide the improvements the community has identified as important in reimagining this park. DVD’s park planners are adept at developing construction documents that ensure high-quality construction with minimal change orders on refurbishment projects. Our team is ready to move forward to finalize design development documents and provide engineering for this exciting refurbishment project. We already have taken your background information and developed exciting ideas for your new park facilities. DVD’s qualifications and resumes of its highly qualified staff are attached in the Appendix. Sub-Consultant DMS Consultants, Inc. Civil Engineers CITY OF DIAMOND BAR BOA Architecture Edward Lok Ng Architect, LEED AP Overall Project Manager for Entire Project BOA Architecture Leonardo Arteaga Quality Control, Overall Project ADA Compliance, CASp Certified BOA Architecture Kyle Ng Director of Interior Designer, Production Designer 5.4.b Packet Pg. 67 Having walked the project site with you and our landscape architect, DVD, reviewed the Heritage Park Master Plan Drawing, and thoroughly reviewed your RFP and Addendum. We feel that BOA and its design team understand not only the scope of the project but also its design solutions to all the issues/and improvements that you have stated. The following is our understanding of your project. PHASE 1 1. We will renovate and improve the entire existing Community Center building, replace all the interior finishes; new flooring, new paint, new ceiling tiles, LED light fixtures replacement with programmable lighting control, HVAC equipment replacement with climate control, and replace the glass block openings with windows. 2. We will work with our AV (Audio Visual) consultant to provide internet in every room, and projectors and/or large-screen TV and speakers in the big community room. We will also work with our acoustical engineer to greatly improve the acoustics in the big rooms in coordination with the AV equipment. The goal will be to create an enhanced experience for patrons of the Community Center, especially for large gatherings and rental events. 3. You mentioned that the existing building has a problem with rainwater running down the exterior side walls with moisture wicking into the CMU, causing efflorescent stains. We propose a series of 2’ wide “overhangs” installed near the roof edge flashing to direct rainwater further out and away from the building. The “overhangs” will be designed in such a way as to enhance the aesthetics of the building and not be an “after thought” or an eye sore. At the same time, it will prevent effluorescents, and protect windows and doors from water intrusion. 4. We will design a covered roof patio structure to the East of the community building, just outside of the big Community room. This new outdoor structure will be designed to be compatible with, and enhance the existing architecture, and allow the indoor functions to be expandable to the outdoor, therefore providing greater park programming flexibility and rental opportunities. This patio structure could be designed in such a way as to combine and integrate with the nearby picnic area for larger outdoor functions. 5. In the Master Plan Drawing, you have chosen to convert the existing restrooms to storage, then as a replacement for the restrooms, build an addition to the North, with restrooms and a warming kitchen. We feel that the new kitchen will be a good idea, however, the new restrooms, to the North, will need to be re-evaluated with cost implications. Restrooms are generally the most expensive per-square feet cost in the entire Community Center building. We feel it will be much more cost-effective to remodel the existing interior restrooms at $600 per s.f. then to build new restrooms at $1,200 per s.f. During the Schematic Design phase, we will propose several floor plan options, with construction cost analysis, for you to choose the one that best fits your needs, and budget. 6. In the Master Plan Drawing, you have chosen to demolish the existing remote restroom building to the South and then, build a new restroom building addition in about the same location, that will be attached to the South side of the Community Center building. We feel that the new restroom addition needs to be re-evaluated with cost implications. As mentioned previously, restrooms are generally the most expensive cost-per-square foot cost in the entire Community Center. We feel it will be much more cost-effective to remodel the existing South remote restrooms at $600 per s.f. than it is to build a new restroom addition at $1200 per s.f. As a side note, when public park restrooms are built connected to a Community Center, because of the greater use and abuse, and vandalism, the public restrooms drag down the overall aesthetic of the entire Community Center building. Because of the greater maintenance, overall aesthetics, and life-cycle cost, it is more cost effect for the public restrooms to be a stand-alone structure, and remote from the Community Center building. During the Schematic Design Phase, we will propose several floor plan options with construction cost analysis for you to choose the one that best fits your needs and budget. 7. At the pre-proposal meeting, you mentioned that ADA compliance was most important for this project. As stated in our cover letter, BOA has in-house, CASp Certified, ADA Compliance expertise. BOA has designed over 800 public facilities for the sole purpose of ADA compliance, 400 of these are parks& recreation facilities. In response, BOA will spearhead the ADA assessment for the building(s), grounds, and park amenities, and provide ADA-compliant design solutions that will not only satisfy the building code, but will be esthetically pleasing, safe, and promote access to the entire park. We will work with our sub-consultants, especially DVD on the design of the site work, to create interior and exterior space that will be “barrier-free”. The Design Teams will work very hard to create walkways and path-of-travel pathways that will be 5% max slope, and free of ugly handrails. We will strive to make all picnic areas accessible, not just a few. Our ADA compliance goals are ambitions, but we trust in our wealth of past experience, and we are up to the challenge C. PROJECT UNDERSTANDING 5.4.b Packet Pg. 68 PHASE 2 The Diamond Bar Heritage Park Renovation Project (FP 24502) will be a great update and rejuvenation of this well-used park. David Volz Design as a member of the BOA team will spearhead landscape architectural design services for the park renovation, specifically the Phase 2 improvements: Update the playground, tot lot, picnic area, and basketball court. The area of focus for landscape architectural services will generally be the north half of the park, excluding the building and parking area. Phase 2 construction is estimated to entail 2 million dollars worth of improvements. The DVD designs will be based on BOA base maps/topographic surveys. Electrical engineering i.e., site lighting, electrical connections, cameras, and the like, will be provided by BOA. The general path of travel, ADA accommodations, will be based upon BOA guidance. Structural engineering and utilities design, if needed, will be provided by BOA. DVD will provide initial, preliminary layout plans for the playlot, picnic, and basketball court area refurbishment. Plans will be submitted at 60%, 85%, and final plans to BOA electronically for inclusion in the architectural plan set for submissions to the city. Technical specifications and construction cost opinions for the landscape architectural improvements will also be provided by DVD to BOA. PHASE 2 IMPROVEMENTS The new play lot will be the centerpiece of the park site renovation program. DVD’s creative park designers are looking forward to the opportunity and challenge of making Heritage Park into a great Diamond Bar icon. We know that through careful and considered design and detailing, we can create a wonderful, memorable park. Our park designers will draw upon this site’s history and context. The same design team who provided the detailing and themes for the Diamond Bar Boulevard and Grand Street improvements will work to provide a solid theme and memorable sense of place at this Heritage Park site. The new, accessible picnic space will be designed to integrate with the existing sycamore grove. and integrate with the nearby new proposed patio shade structure to be built East of the Community Center building and just outside of the large Community Room. A new community center patio (which will be designed by both BOA & DVD), a walkway system, and perhaps a new multipurpose venue to reinvigorate the basketball court area will be put forward for the city’s consideration. Our team will utilize DVD’s proprietary GIS mapping and site data collecting tools to identify and define the existing site features, including trees, walkways and building tie-ins, and other site elements. We will work with the Team’s civil engineers to develop a unique and inviting space for the identified site improvement program. Our design for the Phase 2 site improvements will include an exciting play lot and surrounding environment that will be fun and accommodating for all park users. Space will be provided for day camps, classes, tai-chi, family gatherings, and passive and active recreational pursuits. Site-wide pedestrian circulation will be considered, accessible tables and benches included, and pleasant evening-use lighting enhancements will be proposed. The play lot will have a Diamond Bar theme, include swing sets and slides, and not include any sand. New site grading will address stormwater runoff, best practices will be considered in capture, reuse, or infiltration. Our designers have turned stormwater facilities into aesthetic assets and educational features in several of our recent park designs. The entire Phase 2 site will be relandscaped with new irrigation and each space will be accessible and inviting for all the visitors that frequent this park. Once the new community center is designed, the DVD landscape architects will work with BOA to beautify the outside adjacencies and to provide accessible walkways to the building entryways and out to the park walkway system. The entire northern area of Heritage Park will become a beautiful, rejuvenated facility for your community. To confirm our understand of your project, we have provided a list of Construction Documents Drawings that will be prepared by the Design Team. See the next page. 5.4.b Packet Pg. 69 LIST OF CONSTRUCTION DOCUMENT DRAWINGS SHT DESCRIPTION PLAN NO. 1 TITLE SHEET T-1 CIVIL ENGINEERING 2 DEMOLITION PLAN D1.1 3 GRADING NOTES DETAILS AND SECTIONS G1.1 4-6 GRADING PLAN G1.2 TO G1.4 7-9 EROSION CONTROL PLAN G1.5 TO G1.7 ACCESSIBILITY 10 SITE ACCESSIBILITY PLAN AC.1 LANDSCAPE ARCHITECTURE 11 CALGREEN VERIFICATION GUILDLINES MANDATORY CHECKLIST CG.1 12 HORIZONTAL CONTROL PLAN HC.1 13 CONSTRUCTION PLAN LC.1 14-20 CONSTRUCTION DETAILS CD.1 TO CD.7 21 LANDSCAPE WALLS AND COLUMNS STRUCTURAL DETAILS LS-1 22 IRRIGATION PLAN LI.1 23-25 IRRIGATION DETAILS LI.2 TO LI.4 26 PLANTING PLAN LP.1 27 PLANTING DETAILS LP.2 ARCHITECTURE 28 ARCHITECTURAL COVER SHEET (SHEET INDEX)CRV 29 ARCHITECTURAL NOTES, ACCESSIBILITY NOTES A1.0 30 DEMOLITION PLAN A1.1 31 FLOOR PLAN A2.0 32 ROOF PLAN A2.1 33 CEILING PLAN AND DETAILS A2.11 34 FLOORING PLAN AND DETAILS A2.12 35 SCHEDULES A2.2 36 ARCH. FINISH SCHEDULE, SIGNAGE, FIRE, NOTES A2.3 37-38 EXTERIOR ELEVATIONS A3.0 TO A3.1 39-40 BUILDING SECTIONS A4.0 TO A4.1 41-42 INTERIOR ELEVATIONS A5.0 TO A5.1 43-46 ARCHITECTURAL DETAILS A6.0 TO A6.3 STRUCTURAL ENGINEERING 47 GENERAL NOTES SN-1 48 SPECIAL INSPECTION & STRUCTURAL OBSERVATION SN-2 49 TYPICAL CONCRETE DETAILS ST-1 50 TYPICAL C.M.U. DETAILS ST-1.2 51 TYPICAL WOOD DETAILS ST-2 52 FOUNDATION PLAN S-1 53 FRAMING PLAN S-2 54 BUILDING SECTIONS S-3 55-57 STRUCTURAL DETAILS SD-1 TO SD-3 MECHANICAL ENGINEERING 58-59 HVAC T24 COMPLIANCE M01 TO M02 60 HVAC LEGEND, GEN. NOTES AND SCHEDULE M-1.0 61 HVAC PLAN M-2.1 62 HVAC DETAILS M-3.0 PLUMBING ENGINEERING 63 PLUMBING LEGEND, SCHEDULES AND NOTES P-1.0 64 PLUMBING RESTROOM D.W.V. PLANS P-2.1 65 PLUMBING RESTROOM WATER SUPPLY PLANS P-2.2 66 PLUBMING RISERS AND DETAILS P-3.0 ELECTRICAL ENGINEERING 67 ELECTRICAL LEGENS & NOTES E-0.1 68 LUMINARIES SCHEDULE E-0.2 69 TITLE 24 DOCUMENTS E-0.3 70 ELECTRICAL SITE PLAN E-1.1 71 SITE PHOTOMETRIC PLAN E-1.2 72 ELECTRICAL FLOOR PLAN E-2.1 73 PUBLIC RESTROOM PLAN E-3.1 74 ELECTRICAL DETAILS E-4.1 75 ELECTRICAL DETAILS CONT.E-4.2 5.4.b Packet Pg. 70 The Time Schedule for the City of Diamond Bar, Design Services for the Heritage Park Renovation Project is as follows. Our goal is to complete 85% Construction Documents for submittal the City Building-Safety-Dept. by the end of Jan 2024: Submit 30% Schematic Design, floor plan options, site plan options. Submit 60% Construction Documents NTP, start Sept. 1, 2023 Project Kickoff Meeting, Site Investigation Verify Field Measurments. Land survey, soils report, ADA Compliance Assessment Milestone 1 0 Months 1 Client Review 0.5 Client Review 0.5 Submit 100% Construction Documents and procure all City Building and Safety approvals and submit 100% 1.0 Total Design Time:9 Months from Project Kick-off Meeting SCHEDULE Submit 85% Construction Documents to the City Building-Safety Dept. by end of Jan. 2024 1 Client Review and City Plan Check comments 3.0 E. RESOURCE REQUIREMENTS Due to page limit restrictions, The Fee estimate and man-hour for the proposed scope of work can be found along with the Fee Schedule. That can be found in the Appendices Section of the RFP response. F. FEE SCHEDULE Due to page limit restrictions, The Fee Schedule can be found in the Appendices Section of the RFP response. D. PROJECT SCHEDULE Submit 100% Schematic Design 0.5 Client Review 0.5 G. INSURANCE Insurance will be provided upon awarded contract. 5.4.b Packet Pg. 71 VD DDavid Volz Design Landscape Architects and Park Planners 714.641.1300 760.580.5165 669.444.0461 August 10, 2022 RE: HERITAGE PARK IMPROVEMENTS Heritage Park is in need of a makeover! David Volz Design team has a long resume of outstanding park refurbishment projects. DVD has provided complete makeovers for community facilities creating new recreation offerings, providing up-to-date access opportunities, and updating the viability of existing park infrastructure. We are currently working on large park refurbishment projects in Gardena (Mas Fukai Park) Santa Ana, Yorba Linda, Baldwin Park, L.A. City and Costa Mesa. Primrose Park in Temple City, a Proposition 68-funded project, was opened to much fanfare in February of this year. DVD just completed a 5 year multi-million dollar update of South Gate’s 100-acre community park, and recently Orangewood Park in West Covina was completely rebuilt into a stellar community facility. We have designed a fourteen- million-dollar makeover for Fremont Park, Glendale’s oldest park, this project will be under construction by the fall. Please note that DVD has teamed up with BOA Architecture on many of these park renovation projects. DVD is well prepared to work with BOA and with you and your staff to implement a comprehensive refurbishment plan that will provide updated recreational opportunities, sustainable improvements, and maintenance upgrades that will enhance Heritage Park’s value to the Diamond Bar community. We will use the concept plan and approved program as a guide to provide the improvements the community has identified as important in reimagining this park. DVD’s park planners are adept at developing construction documents that ensure high-quality construction with minimal change orders on refurbishment projects. Our team is ready to move forward to finalize design development documents and provide engineering for this exciting refurbishment project. We already have taken your background information and developed exciting ideas for your new park facilities. The DVD team envisions a multi-use facility servicing multi-generational patrons across all of Diamond Bar. Also, the play lot will be reimagined, DVD has designed award-winning play areas, that have included sensory and tactile play components, and great memorable themed play lots. We will design an awesome play space that will be the heart of Heritage Park. We have identified in this proposal several recent and ongoing projects for your consideration. While reviewing our park design experience, please consider the unique and proven benefits of David Volz Design. EXPERIENCE ON SIMILAR PROJECTS – DVD has been commissioned to lead the design development for hundreds of public park renovation projects. This work has resulted in accolades from community groups and design awards. Our recent public projects with a similar program and of similar size to Heritage Park include Mas Fukai Park in Gardena, Barnes Park in Baldwin Park, Fremont Park for Glendale. Both of these Municipal Park renovation project was do in partnership with BOA Architecture. El Cariso Park for LA County, Santiago Park in Santa Ana, Vista Sports Park in Vista, and sport field venues at three Orange Unified High Schools. Stanton recently opened the award-winning DVD designed 11.5-acre Stanton Central Park, an award-winning park that was a featured stop on the 2020 CPRS Park Operations Tour. www.dvolzdesign.com 151 Kalmus Drive, Suite M8 Costa Mesa, CA 92626 78060 Calle Estado La Quinta, CA 92253 111 North Market Street, Suite 300 San Jose, CA 95113 5.4.b Packet Pg. 72 VD DDavid Volz Design Landscape Architects and Park Planners 714.641.1300 760.580.5165 669.444.0461 QUALIFICATIONS OF THE DESIGN TEAM – I, David Volz, will lead the design development process. My firm has specialized in the delivery of public projects including dozens of CPRS and APWA Award-winning parks. Mr. Gary Vasquez, DVD’s Director of Design, will provide the creative flair that makes DVD’s parks special places for sports, play, and recreation. Together, we will lead a team of landscape architects who are dedicated to public landscape design and who have extensive park planning experience. Our architect and civil engineer, BOA and DMS, are integral partners for our team. We have a long history of working together with an extensive background in the delivery of important public park projects. RESPONSE TO THE PROJECT CHALLENGES – The design expertise required for this refurbishment at Heritage Park is matched by DVD’s offerings in this proposal. Our team has carefully reviewed the park site, identified development opportunities and provided, in this proposal, a proven strategy for developing an inspired design development plan for this park’s revitalization. Park planning is our passion and we will provide outstanding service on this important commission. David Volz Design has a very creative park planning team. Our firm has designed hundreds of community parks and public landscapes. Our desire to be Diamond Bar’s design partner for the development of this refurbishment program will be evidenced in our energy and enthusiasm every step of the way. My firm and I look forward to working with you and your staff on this exciting and important park project. Very truly yours, DAVID VOLZ DESIGN David J. Volz, R.L.A. # 2375 LEED Accredited Professional, QSD/QSP www.dvolzdesign.com 151 Kalmus Drive, Suite M8 Costa Mesa, CA 92626 78060 Calle Estado La Quinta, CA 92253 111 North Market Street, Suite 300 San Jose, CA 95113 5.4.b Packet Pg. 73 HERITAGE PARK IMPR OVEMENT S, CIT Y OF DIAMOND WORK PLAN DVD 14 Heritage Park, is a great park for your city. It will be rebuilt into a premiere recreation venue. The recreation building, ball fields, courts, and green space will be renovated under this new project to better suit the community’s needs. Our design team has some great ideas for finalizing the design for a complete park renovation with exciting new and updated offerings! The DVD team will work with BOA and with city staff to develop a creative and engaging design development plan to implement the refurbishment process. The design will carefully consider the many ideas for park enhancement that have been put forward by the community. In particular our park planners will consider the outreach and community desires put forth through last years’ outreach program and the city council’s input on that program. An updated concept plan will be developed through a series of city staff review meetings where alternatives and ideas will be honed into a design development plan for the park’s reconstruction. The recreation building, play lot, courts, picnic areas, and ADA parking will be re-envisioned as a new, beautiful, activated, community recreation focused facility. Construction drawings for the many envisioned recreation elements and the sites’ engineering will be started as the design development plan is being reviewed. The DVD team will coordinate closely with the architect and civil engineers, DMS, to provide guidance on grading, fill materials, stormwater facilities, and foundations for structural elements. This preliminary design development work will provide the background for this park’s renaissance. As the design development plan is being approved the construction documents will begin. Upon final approval of the development program and plan, we will develop the construction documents and push forward the engineering plans. Final construction documents ready for public bid will be prepared for the park’s reconstruction. Cost Estimating in these rapidly changing times is a challenge. Our team keeps up with the market through carefully analysis of park construction bid items. We receive current itemized public bids for several projects each month. We will use our data base, our experience in public works, and our long term perspective to put forward solid budget estimates for this park’s construction costs and escalation contingency factors. We have provided similar services on dozens of community defining projects for cities throughout Southern California. We have a very creative team and our desire to be Diamond Bar’s design partner will be evidenced in our energy and enthusiasm every step of the way. 5.4.b Packet Pg. 74 HERITAGE PARK IMPR OVEMENT S, CIT Y OF DIAMOND SUBCONSULTANT DVD DMS Consultants, Inc. is dedicated to technical excellence and high quality services. A team approach is taken to every project undertaken, with a project engineer directing, managing and acting as the central design figure in the work. Our firm strives to maintain a high level of communication with the client and jurisdictional agencies. We are acutely aware of the value and importance of providing close individual attention to each project and to working within the constraints of time and budget. We also know that the success of our firm rests clearly on the management, competence, and expertise of our professional staff and team. Established in 1994, our firm provides engineering and related services to municipalities, government entities, and private industries throughout Southern California. With a staff of registered civil engineers, designers, construction observers, contract administrators, surveyors, and specialists in transportation, building and safety, and computer- aided design, DMS Consultants, Inc. is uniquely qualified to respond to the diverse needs of our clientele. DMS Consultants, Inc. presently provides on-call civil engineering services to the City of Fullerton, City of Diamond Bar, City of San Dimas, City of Cerritos, City of Newport Beach and City of La Mirada. DMS Consultants, Inc. has the ability to provide in- house services in the following areas: • Street improvements • Storm drain improvements • Sewer improvements • Water improvements • ADA accessibility type improvements • WQMP / SWPPP documents • Hydrology • Surveying • Plan check services DMS Consultants, Inc. has the capacity to sub- consult for areas including but not necessarily limited to: • Geotechnical services • Traffic engineering services SURENDER DEWAN, P.E President EDUCATION: • Bachelor of Science, Civil Engineering, Delhi University, 1970 • Master of Science, Civil Engineering, University of Washington, 1978 REGISTRATION: • Civil Engineer, California, RCE 34559 • SWRCB Certified QSD 20924 Mr. Dewan, President of DMS Consultants, Inc., has more than 30 years of professional experience in the design of Public Works projects. Mr. Dewan is responsible for performing and/or coordinating engineering design and other related technical services including project management; preparation of plans, specifications, estimates, design; and evaluation of major municipal projects. MUNICIPAL PROJECTS • Euclid Street Roadway Improvements - Fountain Valley • State College Boulevard Rehabilitation Project - Fullerton • San Dimas Avenue Improvements - San Dimas • Hollydale Community Park - South Gate • Del Amo Boulevard Street Improvements - Cerritos • Madonna Area Street, Sewer & Water Reconstruction - Fullerton • San Dimas Wash Trail - Glendora • Via Verde Reconstruction Project from Covina Hills Street to Puente Street - San Dimas • Chapman Avenue Rehabilitation Project from Berkeley Avenue to Raymond Avenue - Fullerton • Bastanchury / Valencia Mesa Bile Path - Fullerton • FY 2014-15 Street Improvements, Sewer and Water Main Replacement - Fullerton • Design of Caltrans Curb Ramp Construction Plans, Studebaker Road at State Route 91 - Cerritos • MacArthur Boulevard Pavement Reconstruction - Newport Beach • Placentia Avenue Reconstruction - Fullerton 5.4.b Packet Pg. 75 HERITAGE PARK IMPR OVEMENT S, CIT Y OF DIAMOND SUBCONSULTANT DVD In January of 2000, Design West Engineering was founded by partners Rob Cronk and Mark Galle. They set out to build an engineering company that would be focused, first and foremost, on delivering our architectural and construction partners with exceptional service. The idea was simple, the model worked, and the company has thrived. Now, Design West has become a leading engineering firm across the West Coast. We see our role on your team in the same light. Our work is an integral part of your project functioning as it should. It goes far beyond just accurate engineering. It has everything to do with what we call good service. PARK EXPERIENCE Design West’s team brings you expertise in parks and community buildings, having a long history of experience with countless city and county clients as well as various state and federal agencies. Beyond just designing to the project type, this experience includes successful support of public works bidding and construction administration services. It includes effective communication and collaboration with various regulatory agencies, utility companies, governmental departments, and multiple stakeholders. THE 4 COMMITMENTS OF CUSTOMER SERVICE We know the only way to earn your trust is through consistent quality engineering, but exceptional customer service is the real foundation Design West is built on. We are committed to active collaboration, clear and consistent communication, purposeful creativity, and working with care. Our entire team knows it’s our job to make sure you don’t just like our work, but love working with us. MUNICIPAL PROJECTS • Central Park, City of Stanton • South Gate Park, City of South Gate • San Sevaine Park, City of Fontana • El Cariso Park, County of Los Angeles • Maryland Avenue Park, City of Glendale • Temple Park, City of South El Monte • State Street Park, City of South Gate LEO MAYA, PE, LEED AP Principal Electrical Engineer With over 20 years of electrical design experience, Leo has been a key part of Design West since 2005. Leo has worked on a wide array of projects including large commercial and industrial buildings, health care and institutional facilities, sports field li ghting, street and area lighting, golf course electrical systems, and various dry utility designs. His dedication to maintaining long-term client relationships and his diverse electrical background have made him the natural selection to head up our Electrical Department in 2009. Leo’s continuing education keep him up to date with the latest lighting and energy efficient technologies. Leo is an ongoing student of Engineering Management at Arizona State University and holds a CA electrical PE license. ROY MORALES Electrical Department Head, Associate Roy has relationships with many of the local agencies after providing years of reliable design and service to this clientele. His experience includes design for buildings, sports fields, street lighting, and solar photovoltaic systems. Roy is a Senior Project Manager as well as the Electrical Department Head for the San Bernardino office. Roy joined the Design West team after working several years with Dream Engineering when the company was bought out in 2009. Roy brought an expertise in electrical applications, including parks and street projects, along with municipal projects such as essential service facilities, community buildings, government operations facilities, and aviation buildings. Roy is a proven team leader, both in how he runs his teams internally, and how he runs his project teams when working with clients. ARCADIO NUNGARAY Electrical Project Manager Arcadio joined Design West in 2010 as an Electrical Project Designer and has operated a Project Manager since 2015 with a project team including 3 supporting staff. As a resident design software expert, Arcadio also serves the team as CAD Manager and Bluebeam Manager. Arcadio excels at fast pace and rapid turn - around projects. He is known for his responsiveness and thorough communication. Arcadio maintains his project deadlines in a resourceful and competent manner for each of his clients. 5.4.b Packet Pg. 76 E. RESOURCE REQUIREMENT Not-to-Exceed Overall Project Design Fee City of Diamond Bar Heritage Park Renovation date: Sept. 13, 2023 Construction Cost Est: $5 million for: City of Diamond Bar,Nicholas Delgado prepared by: BOA Architecture, Edward Lok Ng HOURS UNIT HR RATE COST TOTAL BOA'S PRE-DESIGN kick-off meeting to verify scope of work, obtain s-built dwgs.6 hrs 150 900 project management, confirm cost/work plan & prep field work 20 hrs 150 3,000 site assessment, measurements & photos 10 hrs 100 1,000 programing with User staff, establish goal, requirements 20 hrs 150 3,000 CADD-3D 30 hrs 100 3,000 10,900 BOA'S SCHEMATIC DESIGN design options of floor plan, exterior elevations 100 hrs 150 15,000 CASp, ADA compliiance assessment-analysis 20 hrs 150 3,000 project management, coordinate w Client, consultants 70 hrs 150 10,500 cost estimate 10 hrs 150 1,500 CADD-3D, renderings 120 hrs 100 12,000 meetings 36 hrs 150 5,400 47,400 SUB-CONSULTANTS and EXPENSES aerial and topo. survey 0 civil engineering 34,000 landscape architect; include 2 community outreach meeting at no charge.102,200 structural engineering 22,000 electrical engineering; for building, and site 35,000 mechanical engineering 18,000 plumbing engineering 8,000 acoustical engineering 5,000 AV (audio-visual) technology 3,000 photocopies, large size prints, travel, delivery 200 227,400 BOA'S CONSTRUCTION DOCUMENTS refinement of floor plan, exterior elevations, interior design 40 hrs 150 6,000 project management, coordinate w Client, consultants 70 hrs 150 10,500 CADD-3D 190 hrs 100 19,000 building-safety submittal, corrections 80 hrs 100 8,000 cost estimate 10 hrs 150 1,500 specs 24 hrs 150 3,600 quality control 40 hrs 150 6,000 meetings 20 hrs 150 3,000 57,600 BOA'S CONSTRUCTION SUPPORT project management, coordinate w Client, consultants 20 hrs 150 3,000 RFI, submittals 80 hrs 150 12,000 meetings 20 hrs 150 3,000 CADD-3D 10 hrs 100 1,000 19,000 TOTAL DESIGN FEE:$362,300 OPTIONAL SERVICES FEES geotechnical evaluation-soils report 10,000 electrical panel upgrade 10,000 security systems upgrade; cameras, alarm 3,000 Asbestos-Lead paint hazardous materials report 5,000 Wayfinding sign upgrade 5,000 33,000 5.4.b Packet Pg. 77 F. FEE SCHEDULE • The above hourly rates are fully burdened or loaded, including full compensation for all overhead and profit. Billing rates shall include provision for normal office costs, including, but not limited to: office rental, utilities, insurance, cell phone or radio, equipment, normal supplies and materials, in-house reproduction services, and local travel costs. • The proposed hourly rates are guaranteed for the duration of the contract. JOB TITLE HOURLY (NOT TO EXCEED) Principal Architect $160.00 Project Manager $150.00 Project Designer $125.00 Senior Designer $110.00 Senior Technical $100.00 Draftsman/AutoCAD Operator $95.00 Other Technical Staff $85.00 Structural Engineer $150.00 Mechanical Engineer $160.00 Electrical Engineer $160.00 “Other” Sub-Consultant $150.00 Clerical Staff $80.00 Prints $0.50/s.f. BLACK O’DOWD AND ASSOCIATES, INC. DBA BOA ARCHITECTURE 1511 COTA AVENUE LONG BEACH, CA 90813 PH: 562-912-7900 POINT-OF-CONTACT: EDWARD LOK NG, PRESIDENT LOK.NG@BOAARCHITECTURE.COM 5.4.b Packet Pg. 78 FEE SCHEDULE SLA DG LA LD PD AD Scope of Services $175 $165 $160 $140 $120 $110 Task 1 -Project Initialization 8 16 20 4 4 4 56 8,720$ Task 2 -Preliminary Design 40 8 24 8 16 2 98 15,420$ Task 3 -Final Concept Plan 16 16 4 8 2 46 7,100$ Task 4 -Construction Documents (60% & 85% submittal)40 12 100 40 120 8 320 45,860$ Task 5 -Final Construction Documents (100% submittal)8 40 8 24 2 82 12,020$ Task 6 -Construction Period Services 20 40 8 8 10 86 13,080$ 132 36 240 72 180 28 688 102,200$ Civil Engineering Services 64,688$ Electrical Engineering Services 32,936$ TOTAL PROPOSED DESIGN FEE 199,824$ Total Hrs Fee 5.4.b Packet Pg. 79 DVD Principals $230/hr Director of Design $200/hr Senior Landscape Architects $175/hr Director of GIS $165/hr Landscape Architect $160/hr Plan Check $160/hr Senior Landscape Designer $155/hr Senior GIS Analyst $155/hr Landscape Designer $140/hr GIS Analyst $140/hr Project Designer/CADD Technicians I, II, III $110, 120, 130/hr GIS Technicians I, II, III $110, 120, 130/hr Administration $110/hr REIMBURSABLES The following project expenses will be billed at cost plus 15% administrative fee in addition to the professional fees listed above: • Printing, copying, scanning, graphic, photography and reproduction services • Delivery, shipping and courier charges • Subconsultant fees and expenses • Agency fees, permits, plan check and inspection fees PAYMENTS Payments are due within 30 days from invoice date. * The rates shown are subject to periodic increases, including January 1st of each year. 5.4.b Packet Pg. 80 5.4.cPacket Pg. 81 Agenda #: 5.5 Meeting Date: October 3, 2023 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: APPROVAL OF FINAL PARCEL MAP NO. 83708, TO SUBDIVIDE AN EXISTING 2.09-ACRE COMMERCIAL PROPERTY LOCATED AT 2020 SOUTH BREA CANYON ROAD (PLAZA DIAMOND BAR). STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Adopt Resolution No. 2023-32 approving Final Parcel Map Number 83708 for the subdivision of an existing 2.09-acre commercial property, located at 2020 South Brea Canyon Road. FINANCIAL IMPACT: There is no financial impact. BACKGROUND: The tentative map application was made to the Planning Commission by Plaza Diamond Bar Partners Holdings, LLC c/o Metro Properties at a duly noticed public hearing on September 13, 2022 at which time the Planning Commission concluded its review of the application and adopted Resolution No. 2022 -17 recommending the City Council to approve Tentative Parcel Map No. 83708. The City Council conducted a duly noticed public hearing on this tentative map application on October 4, 2022 and adopted Resolution No. 2022 -53 approving Tentative Parcel Map No. 83708. ANALYSIS: The proposed Parcel Map No. 83708 will subdivide an existing 2.09-acre commercial property located at 2020 S. Brea Canyon Road (within Plaza Diamond Bar) into two separate parcels. No new construction is proposed at this time, and there will be no 5.5 Packet Pg. 82 physical changes to the buildings or property. The Final Parcel Map No. 83708 has been reviewed by the appropriate agencies and has been found to be technically correct and confirms substantially to the approved tentative parcel map. Furthermore, the final map meets the requirements of the conditions of approval related to final map approval. PREPARED BY: REVIEWED BY: Attachments: 1. 5.5.a Resolution No. 2023-32 2. 5.5.b Final Parcel Map No. 83708 5.5 Packet Pg. 83 RESOLUTION NO. 2023-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, APPROVING FINAL PARCEL MAP NUMBER 83708, FOR THE SUBDIVISION OF AN EXISTING 2.09-ACRE COMMERCIAL PROPERTY, LOCATED AT 2020 SOUTH BREA CANYON ROAD IN THE CITY OF DIAMOND BAR, CALIFORNIA. WHEREAS, on September 13, 2022 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing to consider the application of Plaza Diamond Bar Partners Holdings, LLC, c/o Metro Properties (the “Applicant” hereinafter) for approval of Tentative Parcel Map No. 83708 at which time the Planning Commission adopted its Resolution No. 2022-17 recommending that the City Council approve Tentative Parcel Map No. 83708; and WHEREAS, on October 4, 2022 the City Council of the City of Diamond Bar conducted a duly noticed public hearing to consider Tentative Parcel Map No. 83708 and, upon conclusion of said public hearing on October 4, 2022 the City Council adopted its Resolution No. 2022-53 approving Tentative Parcel Map No. 83708; and WHEREAS, subsequently the Applicant filed an application for approval of Final Parcel Map No. 83708 (the “Application” hereinafter), as described in the title of this Resolution; and WHEREAS, pursuant to Municipal Code Section 21.22.090, the City Engineer has reviewed Final Parcel Map No. 83708 and determined that the map is technically correct, conforms to the approved Tentative Parcel Map and is in compliance with the applicable provisions of Title 21 of the Municipal Code and of the Subdivision Map Act; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals of this Resolution are true and correct. Section 2. Pursuant to Section 21.22.100 of the Diamond Bar Municipal Code , the City Council finds the Final Parcel Map to be in substantial conformance with the Tentative Parcel Map, with Title 7, Division 2, Chapter 3 of the California Government Code and with the applicable provisions of Title 21 of the Municipal Code. Based on the foregoing finding, the Council hereby conditionally approves Final Parcel Map No. 83708. Section 3. The City Clerk is hereby directed to: a. Certify to the adoption of this Resolution; and b. Transmit a certified copy of this Resolution to Plaza Diamond Bar Partners Holdings, LLC, c/o Metro Properties. 5.5.a Packet Pg. 84 Resolution No. 2023-32 2 PASSED, APPROVED and ADOPTED this 3rd day of October, 2023. CITY OF DIAMOND BAR ________________________ Andrew Chou, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 3 rd day of October, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ________________________ Kristina Santana, City Clerk 5.5.a Packet Pg. 85 5.5.b Packet Pg. 86 5.5.b Packet Pg. 87 5.5.b Packet Pg. 88 5.5.b Packet Pg. 89 HcalinL5 Justice Center To: Mayor and City Council The Healing and Justice Center is a community based, bipoc led nonprofit serving Los Angeles County with a focus in San Gabriel Valley. Our mission is to support BIPOC individuals, communities and organizations by creating safe, healing and connected spaces. We believe if we are to build strong communities and interdependency, healing based and relationship strengthening approaches must be at the center of all we d o. Currently, our services include 1. FREE Tenant Counseling Hotline 2. Nonviolent Parent Education 3. Regenerative Conflict Resolution training 4. Movement Healing Practices Our advocacy efforts rest in 1. Tenant Rights and Affordable Housing 2. Digital Equity The COVID pandemic highlighted several community needs and injustices, especially as it surrounds internet or broadband access. I think we all saw, or at least heard of, the viral photograph of the two small children sitting outside of a fast food restaurant trying to connect to the wi-fi just so they can complete their school work. It is shameful, these children and thousands of families like them, had to resort to these measures. Additionally, if you wanted to find resources for food, employment, COVID information and vaccines, see your doctor, go to school, work, pass the time on Netflix or even attend city council meetings, you needed access to broadband. And it's not just about access, but also having the equipment and literacy to be able to access and navigate the internet effectively. https://www.HealinaAndJusticeCenter.ora 1�1=111�1�1=1�1=1�1=���=1�1=1�1�1�1=1�1=ICI=1�1- ICI=1�1-" ICI-1�1 V•V•V•V•V•V•V•V•V•V•V•V•V•V•V•V•V•V•V•V•V•V•V•V•V•V• Which is why we joined Digital Equity Los Angeles. A coalition of over 50+ organizations from all across different fields such as education, health, housing, environmental justice and more. In our work over the last year, we have uncovered discriminatory practices from the monopolies/duopolies of our internet service providers like Charter -Spectrum, Frontier and AT&T. We researched and highlighted discriminatory pricing practices of Charter -Spectrum, which serves over 80% of LA County. We found they were offering much lower "promotional pricing" in areas like Malibu and Rancho Palos Verdes, than in low income, people of color areas like East Los Angeles. We published this in our Pricing Disparities report and began to urge the County Board of Supervisors to investigate and correct these discriminatory practices. You can find this report at https://www.diciitalequityla.org. We are asking the City Councils all across the SGV to help us close the Digital Divide and write a supportive letter to the LA County Board of Supervisors to investigate and stop discriminatory practices of these providers, and to take steps to ensure all of LA County has equitable and affordable access to the internet, We've provided you with data and fact sheets outlining these disparities, sample letters to draft to the BOS and we are open to meeting with you and discussing further. We hope we can have your support to ensure all your constituents are connected equitably. Thank you for your consideration! Sincerely, Jorge Rivera, Administrator (562) 590-5601 Direct /Text Jorge(a)HealingAndJusticeCenter.org V•V•V•V'V•V•V•V•V•V•V•V•V•V•V•V•V•V•V•V•V•V•V•V•V•V• Access to the internet is required to fully participate in modern society. Broadband is a utility alongside electricity and water. However, many Los Angeles communities - especially low- income communities and communities of color - do not have access to fast, affordable, and reliable broadband. Research shows that Los Angeles County's Digital Divide is rooted in part in widespread underinvestment in broadband infrastructure in low-income communities and communities of color, resulting in limited access to quality internet options with high speeds at reasonable costs. This pattern of disinvestment is called "digital redlining." In the 1930s, The Home Owners' Loan Corporation (HOLC) created "Residential Security" maps of major American cities. These maps were used by loan officers, appraisers, and real estate professionals to drive lending decisions. Neighborhoods considered high -risk or "hazardous" - the lowest score on the maps were often "redlined" by banks, which simply refused to offer mortgage loans for properties in those areas. Redlining was explicitly race. driven. Areas that were designated as "hazardous" or "declining" received that designation because they were "infiltrated" with "undesirable populations." The Public Advocates Office of the California Public Utilities Commission defines Digital Redlining' as practices that: • Limit investments in the installation, expansion, or upgrading of internet service infrastructure within specific geographic areas. • Limit broadband availability or adoption in specific areas. For example, redlining could include pricing practices that make broadband less affordable or marketing practices that under -promote broadband services. • Limit broadband access, impact service quality, and make broadband services less affordable to specific communities. Boyle Heights was designated "hazardous," on the basis of its 509/b "foreign families," including "Russian, Polish, Armenian, Jews, Slays, Greeks, American Mexicans, Japanese, and Italians," and "subversive racial elements increasing." Jefferson and Arlington Park were also designated "hazardous," thanks to 20% "foreign families" and 45% "Negros," noting, "Negroes and Japanese increasingly numerous." eanwhile, Beverly Hills' "desirable " M designation is credited to its 0% "foreign families," and 0% "Negroes."' 1 Reply Comments of the Public Advocates Office on the May 28, 2021 Administration Law Judge Ruling, Rulemaking 20-01-001 of the California Public Utilities Cormmission, pl 2 See "Mapping Inequality: Redlining in New Deal America" for interactive HOLC maps and scans of original area descriptions. San Gabriel was saddled with a "hazardous" designation despite its "0% Negro" population with this jaw -dropping explanation: "The vast majority of the population, while American -born, are still "peon Mexicans', and constitute a distinctly subversive racial influence.... This area is considered a menace to this whole section and pressure is being exerted to confine the population and keep it from infiltrating into other districts." A 'Best lb B 'Still Desirable" C -Dedining' kh D 'Hazardous" 1939 HOLC Redlining Map 1 15% 5"L Saen 2019 ACS So While this type of neighborhood classification is no longer legal thanks to the Fair Housing Act of 1968, the effects of this racially- driven disinvestment are readily apparent today. The City of Los Angeles Civil + Human Rights and Equity Department produced maps comparing H )LC redlined communities and a range of present-day indicators, including broadband adoption rates. The results are striking. ed Alvd ti ►. vas. i� Remo- P1.EIc Irrsp AiifonNW Sae*m 2019 %Households with no Internet 2018 Healthy Places Index �� fVv1AID w O Y \, coo 1 ' 40 M �rlt s The Los Angeles County's Internal Services Department documented the persistent connection between race, income, and lack of access in three maps: % of households without internal access median household income predominant race census tract t�✓i.� poi �i..v� �r-�*�. ti �o+-wee r..rrrir er �w-tsg000 ssorot-tn,aoo sfn.m�-s�sc,000 �tiso,m�-tas0.00� �.-.._�..r.r. The Evidence for Digital Redlining Beyond the clear outcomes of redlining, multiple investigations have found and documented clear evidence that ISPs are underinvesting in low-income communities of color. USC Professor Hernan Galperin published a study utilizing the ISP's own data (self -reported as required to the Federal Communications Commission) to document underinvestment as measured by competition and upgraded fiber infrastructure in two demographically different areas of Los Angeles. The data is exceedingly clear: the outcomes of digital redlining are wildly inequitable for low-income communities and communities of color across Los Angeles. Dr. Galperin found that between 2014 and 2017, the whiter, wealthier communities in Glendale went from about 50% of areas with at least two options to 100% choice, and about 60% of Glendale was upgraded to fiber. Meanwhile, the same data showed that the predominantly Black and Latino communities of South LA, Watts, and Compton saw no increase in competition, and remained left behind entirely from fiber upgrades: they had no fiber infrastructure in 2014, and still had none in 20174 Figure 9: Broadband competition and frber avr.�ilabilrty in South LA vs Glendale (1014 and 2017). C 2014 2017 O ' CIL 0 0 v � J } to n v c _a C� NO broadband competition Broadband competition T Source: www.tinyurl.com/DigitalDivideLA zola zol� C ° - l a E J a c i O Fiber not available - Fiber available 3 Reply Comments of the Public Advocates Office on the May 28, 2021 Administration Law Judge Ruling, Rulemaking 20-01-001 of the California Public Utilities Commission,_p8 4 Who Gets Access to Fast Broadband? Evidence from Los Angeles County 2014-17 UC Berkeley's Haas Institute for a Fair and Inclusive Society published a detailed analysis of AT&T's fiber deployment, again using data provided by AT&T to the FCC as well as their advertised rates and services. The analysis "reveals disturbing trends that will exacerbate the digital divide in California. First, AT&T's initial fiber- to -the -home deployment is disproportionately focused on high- income communities. Second, AT&T has left too many Californians stuck in the slow lane on the information highway, unable to participate fully in the expanding digital economy. Despite its large size and profitability, AT&T has fallen short of providing equitable access to high-speed broadband in California."5 The study found that the concentration of broadband investment in wealthy communities was worst in Los Angeles County, where the median household income for households benefiting from fiber -to- the -home upgrades was nearly double that of the households left in the slow lane by AT&T. ISP Response: Deny and Deflect In official filings in response to the CPUC's inquiry into redlining, ISPs deny and deflect without specifically countering any of the research that clearly documents redlining practices. Moreover, they actively discourage the Commission from thoroughly investigating the issue: It AT&T: The Rulings use of the highly -charged term "redlining" - which has historically implied intentional discrimination - is not relevant to, and creates an unnecessary distraction from, the task at hand."6 Comcast: "...Redlining is not a systemic problem in California, and it would not be productive or realistic for the Commission to embark on a formal "investigation" of this topic."' California Cable and Telecommunications Association (CCTA): "...the Commission should decline to move forward with an unneeded and undefined investigation into baseless allegations of systemic "digital redlining" practices."$ Chart 1 _ California Statu OSl U Y...� Flba Is tlN IIsrIM Chart 2. Los Angeles County !jt /O,IM U S'_ U Ycrs� Flb�r M the Mati ThISPs and e the Associations representing their interests also claim that: • 95% of California households have access to broadband, based on data they report to the FCC that counts an entire area as "served" if a single address (which doesn't have to be a home or business) in it has access. Notably, this data is widely acknowledged to be problematic, and is currently under review at the FCC9 • There is no meaningful difference between wireless and wired (fiber or cable) broadband service, and that households with lower -income families of color do not have wired broadband subscriptions because they prefer not to have the same fast and reliable service their wealthier, whiter neighbors enjoy?OSurveys clearly demonstrate this is not the case: the large majority of households without broadband subscriptions at home say the reason is there is not an affordable option. SAT&T's Digital Divide in California,_p4 6OPENING COMMENTS OF AT&T CALIFORNIA (U 1001 C) ON THE FIRST AM ENDED SLOPING MEMO AND RULING 7 REPLY COMMENTS OF COMCAST PHONE OF CALIFORNIA, LLC (U-5698-C) ON ASSIGNED ADMINISTRATIVE LAW JUDGE'S RULING 8 REPLY COMMENTS OF THE CALIFORNIA CABLE AND TELECOMMUNICATIONS ASSOCIATION 9 CNET: Millions of Americans can't get broadband because of a faulty FCC map. There's a fix. .00TIA COMMENTS ON THE ADMINISTRATIVE LAW JUDGE'Sr EMAIL RULING ORDERING ADDITIONAL COMMENTS ON MIDDLE -MILE DATA According to data provided by Internet Service Providers to the California Public Utilities Commission (CPUC), 2,658 households in Senate District 29 have no Internet access at modern speeds of 100 Mbps download and 20 Mbps upload (100/20). Why does 100/20 matter? • It's the standard set in 2021 and 2022 legislation signed by the Governor and being implemented at the CPUC. • A process is underway at the FCC to update the national standard from 25/3 to 100/20 because, according to FCC Chair Rosenworcel, "The 25/3 metric isn't just behind the times, it's a harmful one because it masks the extent to which low-income neighborhoods and rural communities are being left behind and left offline." Snapshot: Disconnected in SD 29 � In Rialto, as many as 60% of the households in a census tract lack broadband with 100 mbps download speeds. � In Colton, as many as 40% of households in 7 census tracts do not have broadband with 100 mbps download speeds. � In Fontana, as many as 60% of the households in 3 census tracts lack broadband with 100 mbps download speeds. The percentage of the population with access to broadband intemet as surveyed by the US Census American Community Survey. 1 Year o Less than $�5k $25k-$SOk - $SOk-$f00k Morc than $t00k J016 2019 7.070 Statewide, even as access at the slowest speeds has increased for everyone, the gap in access between poor and wealthy Californians persists, largely unchanged in 20 years. California COMMUNITY Foundniion DIGITAL EQUITY L o s A N G E L E S ralfitn�l nru/riiaital-enttity-initiative rliaitalenititvla.nru Marie nextaennnliry �ru San Bernardino Case Study: about 1.5 miles apart, $30 per month difference in advertised rates for the same service Rosa Maria's Drive In 9 up to soo Nev. INTERNET ULTRA • iuob cr,3 yed l r.tcrret v.,th NO data caps • Complete ron;rcl over your Spectrum Yt.F1 reiwar'c w to Pdvanced wGr E4ibW lw Spectrum one s.rinps. WdeteBe iHANDIN HILLS W 30th St J .I;i i 3 miles 39th St E UI q DEL ROSA ENA upawoMnp, INTERNET ULTRA • iurp,rs ryrr�dlri;•-r1I w'itn t�0 dJ:3 c?%S • comq'etecomro�oe�yourxxcttnntwrrrctwortwinadrar,ctdwlFr •Uque For SpwuV one zrvingz Sft det.Bi 3150 Del Rey Drive eta E(lynwaod Dr l'J 34th St 2to S�V4,;t % 574 East Parkdale Drive Arrowhead Country Club z E 34th St zto Study finds inequity in Internet charges LA Cws7 rwf Id Full P^n mc3, nptrt M` . 11• e.ehnt .w.•a e.e.•e 1�11rFi•rnM � '+� •. i. K �.�.. �. .,��. eM rd.•.r.w M is N� tiM .per atall r r •ems as r. r ailillilillilsir Wes.. n...•w1.p= i „. . an.1• .Me e•Yr.wwpovr - Dollars to Megabits, You May Be Paying 400 Times As Much As Your Neighbor for Internet Service By Leon Yin and Aaron Sankin Or,tuhr.r 14, 2112? CF:S9 L7 UNIVERSITY DISTRICT California Community Foundation + ital Equity LA. Dig Clear patterns of Charter/Spectrum advertising lower prices and better terms and conditions in wealthy neighborhoods. The Markup (copublished with the Associated Press). Clear patterns of AT&T, Verizon, Centurylink, and Earthlink advertising the same rate for much slower speeds in higher poverty, less white communities. /,� coiHMUNITY � DIGITAL EQUITY � _CADS According to data provided by Internet Service Providers to the California Public Utilities Commission (CPUC), 2,238 households in Assembly District 56 have no Internet access at modern speeds of 100 Mbps download and 20 Mbps upload (100/20). Why does 100/20 matter? • It's the standard set in 2021 and 2022 legislation signed by the Governor and being implemented at the CPUC. • A process is underway at the FCC to update the national standard from 25/3 to 100/20 because, according to FCC Chair Rosenworcel, "The 25/3 metric isn't just behind the times, it's a harmful one because it masks the extent to which low-income neighborhoods and rural communities are being left behind and left offline." Snapshot: Disconnected in AD 56 � In Pico Rivera, Hacienda Heights, and La Puente, as many as 40% of the households in 4 census tracts lack broadband with 100 mbps download speeds. � In Whittier, as many as 40% of the households in 6 census tracts do not have broadband with 100 mbps download speeds. � In South EI Monte, as many as 60% of households in a census tract lack broadband with 100 mbps download speeds. The percentage of the populallon with access to broadband Internet as surveyed by the US Census American Community Survey. Year Statewide, even as access at the slowest speeds has increased for everyone, the gap o Less than $25k $25k-$Sqk in access between :- $SOk-Sto0k More than$100k poor and wealthy Californians persists, �o largely unchanged in 20 years. caurotnia COMMUNITY Foundation DIGITAL EQUITY -- LOS AHGElES ralfilnt�.nra/�iiuital-Paltity-initiative riiaitalernlihila nru r•a�lP nextaPnnnliry nru 4TERNET U�'TRA South El Monte/La Puente Case Study: about 6.5 miles apart, $40 per month difference in advertised rates for the same service D ]> vanpy eiyd Rosemead Target Q m EI Monte DMV I Q a NORMSQ ®~' 9858 Klingerman Street( QWalmart Supercenter uw,h st rn L�7 tolesale Study finds Wealthy in I,.n pirt+,1= jKVtl C9f\ ffirY( VJ, n,. W. da .UNW, d� Narrows ;) Recreation Area Pico Rivera Sports ArenaQ 0 Northgate Market 16 6. miles fYl"y Ave Gaivey Ave R ®18 min b.8 miles � Rio Nondo College 0 . Baldwin Park d E a' Q a d Walmart SupercenterQ Plaza West Cot IV Kaiser Permanente West C Balk dwfk Medical Ctr © e DJ��rY Scp> c rll� West Puente TT Valley ti727 Sandsprings Drive ® IV Mil tNTERNET UETRA sw 99 .f.4;r.,e«.•.ae�....ywn..b..wr,�rw•n4w.,M+a,e+«wa wn,.....,., /A. tulles. w•.. ,.:.b - y, `7 Tepeyac Restaurant P>e�%, Indust & Tequila Sports Bar ® s �a Course C Cas anpeles �ITIItS r_rr inequity in Internet charges M om' AT&T am ead.,rw..r As°�,a �...._IATAT7"wst wevlAw I. ii:.1UTt.^ r wa •.w a.,aA,.. ,.w Dollars to Megabits, You May Be Paying 400 Times AS Much AS Your Neighbor for Internet Service AaroSMOUNNO n AP By Leon Yin and Sanki n Octube+ 19, 2022 Ofi:St €T City of California Community Foundation + Digital Equity LA: Clear patterns of Charter/Spectrum advertising lower prices and better terms and conditions in wealthy neighborhoods. The Markup (copublished with the Associated Press). Clear patterns of AT&T, Verizon, Centurylink, and Earthlink advertising the same rate for much slower speeds in higher poverty, less white communities. COMMUNITY DIGITALEQUITY� _CADS City of California Community Foundation + Digital Equity LA: Clear patterns of Charter/Spectrum advertising lower prices and better terms and conditions in wealthy neighborhoods. The Markup (copublished with the Associated Press). Clear patterns of AT&T, Verizon, Centurylink, and Earthlink advertising the same rate for much slower speeds in higher poverty, less white communities. COMMUNITY DIGITALEQUITY� _CADS According to data provided by Internet Service Providers to the California Public Utilities Commission (CPUC), 5,391 households in Senate District 30 have no Internet access at modern speeds of 100 Mbps download and 20 Mbps upload (100/20). Why does 100/20 matter? • It's the standard set in 2021 and 2022 legislation signed by the Governor and being implemented at the CPUC. • A process is underway at the FCC to update the national standard from 25/3 to 100/20 because, according to FCC Chair Rosenworcel, "The 25/3 metric isn't just behind the times, it's a harmful one because it masks the extent to which low-income neighborhoods and rural communities are being left behind and left offline." Snapshot: Disconnected in SD 30 � In Bellflower, as many as 40% of the households in half of the census tracts in the city lack broadband with 100 mbps download speeds. � In Montebello, as many as 60% of households in three census tracts do not have broadband with 100 mbps download speeds, and there is a census tract where no households have broadband at those same speeds. � In Pico Rivera, there are three census tracts in which up to 40% of households lack broadband with 100 mbps download speeds. The percentage of the population vJilh access to broadband Internet as surveyed by the US Census Mierican Community Survey. 2010 2011 2012 2013 Y�f o Less than $25k � ' $25k-$SOk $50k-$100k - � Morc than $t00k 20h1 2015 2016 2017 2018 2019 2070 ,�. Statewide, even as access at the slowest speeds has increased for everyone, the gap in access between poor and wealthy Californians persists, largely unchanged in 20 years. courof�ln COMMUNITY Foundcrtion DIGITAL EQUITY - L o 5 A N G t L E S ralfilnri nra/rliaital-Prnlity-initiative riiaitalanllitvla nru raria naxtuannnliry �ru rF �. _ Montebello/Whittier Case Study: about 8 miles apart, $40 per month difference in advertised rates for the same service 320 North 12th Street cir��oi n��riof�iA w..p.� INt[R[IEl UIIRA i /r � gg ..� .,.�..r.1�wr~ie.,..,�... � (vim • [rwrv.+..rrr u... Bus�%ss Center ��� fi 2 hr 50 min Turnbull �L RANCHO 8.5 fT11�B5 Canyon Pic��t' era iz Whittier 2 hr 46 min � l 8.3 miles � t i Dennis the Mena Park � ,� N^ilRN~!R1'UIIR= w.�r .. r-.. w. �i... Y. . ����� 1� [ ihy th park A8 IR�uAY, ut�OR[. N, x..i Bell Gardens . /��► I. / ,polio Park© Cos \ngrlrs eimrs yard Zoo Rose Hills Mortuary `� Downey 19 Study finds inequity in internet charges ��,�� � u c.R�y �,q,,,. M.xt r+� tnR. .. [....,.. von..... �.,�_� , .r. �...... �. ��� v A.,. vim„ � � c� , , nrr.1...wi.e �.r 1 Dollars to Megabits, You May Be Paying 400 Times As Much As Your Neighbor for Internet Service ;, , ,:.:, By Leon Yin and Aaron Sankin Ck;tobur La, ?p22 Gfi:51 ET r Arco Pesca Trailh �; �� 13444 Lakeland Road C California Community Foundation + Digital Equity LA: Clear patterns of Charter/Spectrum advertising lower prices and better terms and conditions in wealthy neighborhoods. The Markup (copublished with the Associated Press): Clear patterns of AT&T, Verizon, Centurylink, and Earthlink advertising the same rate for much slower speeds in higher poverty, less white communities. ''''"""" DIGITAL EQUITY _CODE COMMUNITY Guteunv to the San Gabriel Ud/eY Snatlr First Street Alhambra California 91801 62h i70-iUlO Frl.\ City of Alhambra Office of the Mayor and City Council May 8, 2023 Supervisor Hilda Solis 856 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, CA 90012 RE: Digital Equity —Support for Action Dear Supervisor Solis, On behalf of the City of Alhambra, we write to share our frustration and concern that Los Angeles County's Digital Divide is rooted in part in widespread underinvestment in broadband infrastructure in low-income communities and communities of color, resulting in limited access to quality internet options with high speeds at reasonable costs. The Digital Equity LA Coalition supported by the California Community Foundation Digital Equity Initiative documented what people were paying for home internet in diverse neighborhoods across Los Angeles County. The findings raised significant red flags about the higher prices many in poorer communities were being charged for the same or inferior service, and the implications of those pricing disparities on the effectiveness of current interventions to close the digital divide. Cost was far and away the most consistent reason provided by families without high- speed internet for why they were disconnected. Considering the wide-ranging impacts on the digital divide on our residents' ability to thrive and the disconcerting evidence in this report by the California Community Foundation — Digital Equity Los Angeles - Slower and More Expensive, Sounding the Alarm: Disparities in Advertised Pricing for Fast, Reliable Broadband, we ask for you to lead a call to action to: • Investigate and validate findings of potentially discriminatory disparities in advertised pricing. • Make equal access (Equal service at equal price, terms, and conditions) and truth in advertising the policy of the State of California. • Build equal access into State, County, Local procurement practices. • Support independent, community — driven options for broadband services. PRINTED ON RECYCLED PPPER In addition, we encourage you to collaborate with the other supervisorial dI stricts to deliver a five4gnature letter to the California Public Utilities Commission asking them to use their authority to investigate the findings in this report as it impacts California consumers. Sincerely, Adele Andrade -Stadler, Mayor Ross J. Maza, Mayor Sasha e Perez, u cilmernber Katherine Lee, Councilmember Je frey K. Maloney, Councilmember