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HomeMy WebLinkAbout04/15/2014 Agenda - Regular MeetingCity of Diamond Bar City Council Agenda Tuesday, April 15, 2014 6:30 p.m. -- Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Carol Herrera Steve Tye Mayor Mayor Pro Tem Ling -Ling Chang Nancy A. Lyons Jack Tanaka Council Member Council Member Council Member City Manager James DeStefano 9 City Attorney David DeBerry • City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection, . If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title it of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodationrs) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers, The City of Diamond Bar uses recycled paper and encourages you to do the same. "'mew° CITY OF DIAMOND BAR CITY COUNCIL AGENDA April 15, 2014 Next Resolution No. 2014-14 Next Ordinance No. 05(2014) CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Pastor Paul Knopf, Director of Youth Ministry Northminster Presbyterian Church ROLL CALL: Council Members Chang, Lyons, Tanaka, Mayor Pro Tem Tye, Mayor Herrera APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Plaque to California Contract Cities Association (CCCA) outgoing President Steve Tye. BUSINESS OF THE MONTH: 1.2 Presentation of City Tile to The Whole Enchilada, 1114 South Diamond Bar Boulevard, as Business of the Month, April, 2014. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to 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. April 15, 2014 PAGE 2 the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Annual Easter Egg Hunt— April 19, 2014 -- 10:00 a.m. — Pantera Park, 738 Pantera Drive. (Pancake Breakfast hosted by Fire Explorers Post 19 beginning at 8:30 a.m.) 5.2 Planning Commission Meeting — April 22, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Parks and Recreation Commission Meeting — April 24, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of April 1, 2014. Recommended Action: Approve as submitted. (b) Regular Meeting — April 1, 2014 — Approve as submitted. Recommended Action: Approve as submitted. Requested by: City Clerk 6.2 Parks and Recreation Commission Minutes — Regular Meeting of February 27, 2014. Recommended Action: Receive and File. Requested by: Community Services Department April 15, 2014 PAGE 3 6.3 Ratification of Check Register Dated March 27, 2014 through April 9, 2014 totaling $417,374.78. Recommended Action: Ratify. Requested by: Finance Department 6.4 Approval of Fiscal Year 2014-15 City Council Goals and Objectives. Recommended Action: Approve. Requested by: City Manager 6.5 Authorize the City Manager to Execute a Consulting Services Agreement with SyTech Solutions, Inc. to Provide Document Imaging and Management Services in an Amount Not to Exceed $100,000; and, Appropriate $50,000 from Savings Related to County Consolidated Election Services. Recommended Action: Authorize and Appropriate. Requested by: City Manager 6.6 Approve Contract Amendment No. 1 with Advantec Consulting Engineers for (a) On -Call Traffic Engineering Services Consulting Services in the Amount of $16,900; and (b) Median Modification Project at Diamond Bar Boulevard and Kiowa Crest Drive in the Amount of $9,080 plus a Contingency Amount of $1,000 for a Total Authorization Amount of $26,980. Recommended Action: Approve. Requested by: Public Works Department 6.7 Adopt Resolution No. 2014 -XX: Approving the Participation in the Los Angeles Urban County Community Development Block Grant (CDBG) Program and the Execution of the 2015-2017 Cooperation Agreement Between Los Angeles County and the City. Recommended Action: Adopt. Requested by: City Manager April 15, 2014 PAGE 4 0.8 Approval of Subscription Services Agreement with Vision Internet Providers, Inc., for Platform Upgrade and Redesign of the City's and Diamond Bar Center Websites at a Cost of $35,000, Plus 10% Contingency of $3,500 for a Total Not to Exceed Amount of $38,500; and $11,700 Annual Hosting and Maintenance Fee. Recommended Action: Approve. Requested by: Public Information 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTSICOUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.I(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION @Mgy APRIL 1, 2014 STUDY SESSION: MlHerrera called the Study Session to order at 5:46 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Drive, Diamond Bar, CA 91765 Present: Council Members Ling -Ling Chang, Nancy Lyons, Jack Tanaka, Steve Tye Mayor Pro Tem, and Mayor Carol Herrera. Staff Present: James DeStefano, City Manager; Ryan McLean, Deputy City Manager; David DeBerry, City Attorney; Diana Honeywell, Finance Director; David Liu, Public Works Director; Bob Rose, Community Service Director; Greg Gubman, Community Development Director; Kimberly Young, Senior Civil Engineer; Ken Desforges, IT Director; Amy Haug, Human Resources Manager; and Tommye Cribbins, City Clerk. ► GOALS AND OBJECTIVES FOR FY 2014-15 — Discussion and Action. MlHerrera stated that the purpose of tonight's Study Session is to review the Goals and Objectives for 2013-14 and discuss the 2014-15 goals and objectives. CMIDeStefano stated that DCMIMcLean would provide the details and that staff is present to answer any questions Council may have about where the City is and help with the list of goals and objectives going forward. DCMIMcLean proceeded to report and comment on each item listed on the Proposed FY 2014-2015 City Council Goals & Objectives memorandum. 1. Traffic Mitigation ("big fix") (a) (b) and (c) to remain on list. Council concurred. Completed Items (Recommended to remove) Council concurred. Recommended for addition to the FY 2014-15 list: to be placed on the 2014-15 Goals & Objectives List. Council concurred. Advocate for transportation solutions that are equitable in their distribution of goods movement related traffic .... to remain on the FY 2014-15 Goals & Objectives list. Council concurred. a) Secure recognition of the SR -60's ongoing status as a component of the state and national freight networks in an effort to secure funding for 57/60 Interchange improvements. DCMIMcLean explained that both the 57 and 60 are designated in the Draft Primary Freight Network plans — one at 27,000 miles and 41,000 miles which to him indicates Diamond Bar is in a good position for continuing forward with the plan as written on the Goals & Objectives list. APRIL 1, 2014 PAGE 2 CC STUDY SESSION MlHerrera confirmed that this item was not ready to be redlined as completed. DCMIMcLean stated that because they are both in draft form and can be changed. Staff continues to monitor the item until it is concrete. Council concurred to leave the item on the list. ClLyons asked what DCMIMcLean means by 27,000 miles and 41,000 miles. DCMIMcLean responded that those figures are in the National Freight Network plan. One designation has 27,000 miles of freeway network. CMIDeStefano explained that the 27,000 miles is the Interstate highway system in the United States so for example, there are roads in Nebraska that have less traffic than Diamond Bar Boulevard but they are Intrastate so they are eligible under the 27,000 mile plan. Creating a 41,000 mile plan allows roadway networks like the 57160 that are state right-of-ways like ours which has 350,000 trips per day far exceed a lot of the Interstate links in other states. So far, Diamond Bar has been successful in getting this portion added to the system but there is still more to go and that is why staff wants it to remain on the list. Council concurred. • 1n cooperation with the City's project partners, complete the Lemon Avenue on and off ramp project aj Complete fight -of -way acquisitions and begin construction. DCMIMcLean stated that given the dissolution of the City of Industry Redevelopment Agency there are some delays in the right-of-way acquisition process. His understanding is that by moving some money from other sources the project is on target for December 2014 and recommended that this item remain on the list until it is completed. Council concurred. CMIDeStefano stated that while the Industry's Redevelopment Agency is an issue it is a City of Industry obligation to provide the funding for that freeway intersection and improvement and it comes from all of the developments that they have built and are yet to come between the 60 Freeway and Valley Boulevard. APRIL 1, 2014 PAGE S CC STUDY SESSION • Develop a report to the City Council outlining the ongoing effectiveness of the City's ongoing traffic mitigation project programs. DCMIMcLean reported that the Public Works Department, the City's Traffic Engineer and consultants are working on developing a report to present to the City Council. He then explained that it is a matter of taking all of the different pieces of data that is generated in the traffic mitigation systems and putting it together into something that is measurable and meaningful in report form. This item is still ongoing. Recommended to be removed from FY 14-15: Oppose any high speed or light rail proposals that adversely impact Diamond Bar. DCMIMcLean stated that staff's thinking on this item is that the City has a limited ability to affect a lot of the changes because in a goal format it is very much like a legislative item that requires action and is therefore staff's rationale to recommend removing this item from the list. MlHerrera said that light rail may still come down the 60 Freeway. DCMIMcLean stated that there are lots of items and proposals out there that staff will continue to watch. MlHerrera said it is okay to remove the item as long as the City continues to keep watching. DCMIMcLean suggested the item could be added to the Council Legislative Platform as an item under the Transportation section. MlHerrera responded that she did not know if it would happen legislatively but it could happen if the east side extension gets funding. Council concurred to remove the item as long as staff continues to monitor the issue. 2. Fiscal Responsibility/Economic Development Create a long-term City-wide financial plan for preservation of the City's fixed assets, including infrastructure, buildings, parks and other facilities. DCMIMcLean stated that this is something that is done on a regular basis. Staff monitors the conditions, repairs and maintenance and when it is determined that an asset's useful life is exhausted the City goes through a process to dispose of that asset and add replacement costs to the budget. Staff tries to be proactive in consulting the City's asset schedule to make sure those procedures are followed and that is why staff recommends this item remain on the list going forward. Council concurred. APRIL 1, 2014 PAGE 4 CC STUDY SESSION Identify specific development opportunities and develop Specific Plans to revitalize the Kmart and Honda property areas in a way that provides the greatest net benefit to the community. DCMIMcLean indicated that Item a) on that list is to complete the market study for the Honda property and provide a report to the City Council. That item was completed and staff recommends that that item be taken off of the list and subsequently replaced by a new goal to proactively market the Honda property to a potential hotel developer based on the results of the study that was completed. Council concurred. Develop a plan to address the long term financial sustainability of the City's Lighting and Landscape Assessment Districts (LLADs). DCMIMcLean reported that this is an ongoing process. Every year an associated budget item is presented to the Council. The subcommittee will meet in the coming weeks. Staff recommends that this item remain on the list. Council concurred. Completed Items (Remove for FY 14-15). Complete the market study for the Honda property and provide a report to the City Council. Per DCMIMcLean, this item was completed and can be removed from the list. Council concurred. New Items Recommended for FY 14-15: Proactively market the Honda property to potential hotel developers. Council concurred. 3. Communications • in addition to regular public meetings, provide a variety of opportunities for public interaction and participation. a) Complete an update to the City's website, enhancing governmental transparency, access to information, and ease of use for the public. Completed items for FY 13-14 (Remove for FY 14-15): Implement the Discover Diamond Bar program. Through new partnerships with local organizations (schools, nonprofits, faith -based organizations, etc). APRIL 1, 2014 PAGE 5 CC STUDY SESSION DCMIMcLean explained that this program is now in place and ongoing and therefore, staff is recommending this item be removed. Council concurred. 4. Other Items • Preserve Windmill structure via ownership of structure and/or property. DCMIMcLean stated that staff continues to work with the property owner to develop the best way to protect the Windmill via an Historical Preservation Agreement or contract that binds the owner to protect it or by outright purchase. MPTITye asked if the new owner was more cooperative. CM/DeStefano responded "yes." He met with the owners in early December and remains in communication with them talking about the two big tenants that are going into the center and this issue is somewhat tied to the success of the two tenants. MPTITye said the owners must like Diamond Bar because they own Super H Mart now. C/Lyons asked if the windmill is owned by the individuals who own the shopping center and the response was affirmative. The owners are Retail Opportunity Investment Corporation who also bought the shopping center anchored by Super H Mart. MlHerrera commented that that shopping center is fully occupied. • Develop a City-wide branding plan that incorporates standard design elements with a unifying theme that reflects the image of Diamond Bar. a) Commence Grand Avenue Beautification project, using the chosen design as an initial standard plan for the City's streetscapes and entry signage. DCMIMcLean stated that this process has begun. The City is working with its consultant for draft ideas. There was a public meeting last week that was attended by approximately 50 individuals. Staff will provide a detailed update on this project during tonight's regular meeting MlHerrera asked the timeline to award of contract. PWD/Liu stated that staff is hoping to begin construction in August or September with completion prior to Christmas. APRIL 1, 2014 PAGE 6 CC STUDY SESSION M/Herrera said it would be good to get as much done during the summer hours when there is less traffic. PWD/Liu responded that unfortunately, there is a three month Caltrans process for approval. Establish a "quiet zone" on the Metrolink train line at Lemon Avenue near Walnut Elementary School. DCMIMcLean reported that this item is a piece of the City's settlement agreement with Industry and staff's recommendation is to wait and see where that project goes. Council concurred. Completed Items for FY 13-14 (Removed from FY 14-15). Develop and implement fiscally responsible environmental/sustainability programs. DCMIMcLean explained that this is similar to Discover Diamond Bar and is an ongoing work product at this point. As recently as last week a comprehensive updated memo was sent to the City Council. Many of the items have been completed. There is a solar project at City Hall and there are many ongoing recycling grants, eWaste, household hazardous waste, etc. Since these are ongoing items staff felt it was okay to remove this from the list. Council concurred. Complete the implementation of the approved Housing Element update. DCMIMcLean stated that Implementation of the approved Housing Element Update was completed this year and the item can be removed from the list. Council concurred. ClLyons asked if Council would consider adding pursuit of a Joint Use Agreement that would be revenue -neutral for the City (run by a third party) for the Diamond Bar High School pool so that Diamond Bar residents would be able to use the pool. She spoke with a couple of school board members who were interested in being able to use the pool. MPT/Tye said he would not be against doing that but felt it would be better if done by the school district. Discussion ensued. CMIDeStefano said that currently, the City does not engage in promoting any swimming/aquatics programs private or public. If the City wanted to get into such a program it could begin simply as promoting all of the current facilities and services and programs they provide to help the community understand what is available. If the City wanted to focus on Diamond Bar High School it could do so but it deserves a more detailed study session and information so that there is clarity about what is available in terms of the facility and what types of events could be done at that location. APRIL 1, 2014 PAGE 7 CC STUDY SESSION If the focus is on becoming more active in running a program or contracting to run a program for the City that might entail looking at all of the different facilities to determine the best available use. For example, seniors might be Walnut High School and swim classes at Diamond Bar High School and Tiny Tot/pre-school classes at Mt. SAC, etc. It may be a broader discussion unless the Council has thoughts at this time as to what they would like for staff to pursue. M/Herrera felt it was worth exploring and perhaps scheduling a study session to give staff time to consider what options might be available, what the cost to the City might be and whether it could be revenue -neutral which is what the Council would want. If Council has an interest in pursuing a discussion it might be advisable for Council to develop a goal that looks at consideration of an aquatics program so that staff can work with the Council to determine what that might mean and then staff can look into what the Council would like with respect to a cost -neutral program. DCMIMcLean said that early research showed that for a revenue -neutral program, a lot of things that can be done and the types of programs depend on a number of variables such as whether you want senior programming or youth programming. Everything follows the program. M/Herrera said she sees it as a two part issue. If Diamond Bar High School is the only facility on which the City focuses, what types of things are possible. Then, if not much is possible because of pool restrictions (depth, etc) then what other types of programs might be incorporated. CMIDeStefano suggested staff draft a goal for the Council to consider adding to the 2014-15 FY list. C/Tanaka felt it might be a little early to formulate a goal because he believed the school was not aware of the cost of running the facility and before any effort is made toward drafting a joint use agreement the Council would have to determine what it would cost to run the pool. CMIDeStefano stated that C/Tanaka's point goes back to what the City's role might be in all of this. Would the school district run it, would the City run it and from his standpoint, if the City were to run it the City could start with the foundation and the agreement they have with the City of Walnut for use of Walnut High School which is about $30-$35 per hour. Discussion ensued. CMIDeStefano again suggested that staff move forward with its investigation and develop a goal to get there. Staff will start with Diamond Bar High School and what that facility can accommodate. CMIDeStefano confirmed that Council agreed to the additions and deletions presented with the addition of a goal as stated by C/Lyons. PUBLIC COMMENTS: None Offered. APRIL 1, 2014 PAGE 8 CC STUDY SESSION ADJOURNMENT: With no further business to come before the City Council, M/Herrera adjourned the Study Session at 6:20 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of , 2014. Carol Herrera, Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR . APRIL 1, 2014 LJLI b�A L5Y STUDY SESSION: Agenda No. 6.1(b) 5:45 p.m., Room CC -8 ► Goals and Objectives for FY 201415 — Discussion and Action. CALL TO ORDER: Mayor Carol Herrera called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District/ Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. CM/DeStefano reported that during tonight's Study Session, the City Council approved staff's recommendation for additions and deletions to the published Goals and Objectives and the suggested recommended new Goals and Objectives for FY 2014-15. CM/DeStefano also reported that the Council asked staff to create a goal that would consider the use of the Diamond Bar High School pool for a swim or aquatics program that will likely lead to a broader discussion about such programming in the community. Staff will seek Council's adoption of this and other goals included in the proposed 2014- 15 Fiscal Year Budget. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Pastor Mark Hopper, Evangelical Free Church of Diamond Bar, gave the invocation. ROLL CALL: Council Members Chang, Lyons, Tanaka, Mayor Pro Tem Tye, and Mayor Herrera. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Deputy City Manager; Ken Desforges, IS Director; David Liu, Works orks Director, Bob Rose, Community Services Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Amy Haug, Human Resources Manager; Kimberly Young, Senior Civil Engineer; Anthony Santos, Senior Management Analyst; Cecilia Arellano, Public Information Coordinator; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: CM/DeStefano stated that under City Manager Report and Recommendations, at the Mayor's request following Friday's earthquake, staff will add a presentation by SMA/Santos on Emergency Preparedness. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None 2. CITY MANAGER REPORT AND RECOMMENDATIONS: 2.1 Presentation on Cyber Crime by Lt. Mark Stevens, Los Angeles County Sheriff's Department. APRIL 1, 2014 PAGE 2 CITY COUNCIL Lt. Stevens updated the community on cyber crimes and identify theft and offered the Department's availability to make presentations at town hall meetings, PTA groups, civic organizations, private schools and private business groups, government groups, etc. Cyber crime is increasing at an alarming rate. Technology is moving so fast that technological security is running well behind. Law enforcement around the world and in particular, local law enforcement is having a difficult time investigating these crimes and it is very difficult to keep personnel trained to keep up with the technological support. The Department hopes that by bringing educational background information to the public, showing that there are tools and rules that can be followed to prevent these types of crimes. In 2012 there were estimated to be approximately 2.5 billion mobile devices on the street and the number has undoubtedly grown exponentially. Criminals are using these devices to plan and execute their crimes and using technology to dispose of the fruits of their crimes through online websites, etc. The types of crime that the Department investigates include hacking, identify theft, corporate espionage, intellectual property theft, medical identify theft, cyber ransom, and child and adult exploitation. To help prevent these events from occurring the Department provides information about such tools as people need to shred everything they don't need; protect personal information and mail (a different password for every account that is at least 8 characters long with upper and lower case letters numbers and special symbols); report crimes; learn how to use point-of-sale transaction terminals; and differences between ATM and credit cards and why a credit card is preferable. The program discusses cyber security basics including how to secure an entire business and home network, loose media (anything that stores data that is not attached to the computer such a portable hard drives, flash drives, san disk camera cards, CD's and DVD's). Phone WI-Fi has become a major issue because it is being attached to model aircraft and intercepting W-Fi traffic from portable devices. If individuals are not sure how their phones are set up, be sure to turn the Wi-Fi off and avoid public Wi-Fi access points. Lt. Stevens showed examples of "phishing." Mobile phones are not phones - they are super computers and many times more powerful than notebook and desktop computers and need anti-virus software. Lt. Stevens said his unit can be reached at cyber@lasq.org lasd.org or by message phone at 562-347-2602. MPT/Tye asked what individuals should do when they receive phishing emails. APRIL 1, 2014 PAGE 3 CITY COUNCIL Lt. Stevens stated that both the institution and his Department should be contacted. The whole issue of phishing is very complex which will most likely require legislative action. He encouraged Council Members to speak to their legislators and encourage them to initiate legislation and encourage passage. 2.2 Emergency Preparedness Update — SMA/Santos. SMA/Santos presented an overview of the four stages of emergency preparedness and how it relates to the City and how the City responds. Preparedness is what one does in advance of a disaster such as storing food and water, etc. Responding to a disaster is what the City does after an event. Recovery is what the City does after the initial response in making sure the City returns to normal operations. Mitigation is a long- term event so the focus will be on the first three items mentioned. Preparedness is making sure to have food, water and all items necessary for your family and loved ones to move forward when an event occurs. The recent earthquake provided a good opportunity for everyone to look at their stockpile of food, water and emergency supplies. These items can be placed in backpacks, rollable 55 gallon containers, in cars, at the workplace, etc. In addition to supplies, households and families need to have a plan and practice that plan on a regular basis. One can find resources on the internet (Red Cross, ready.gov) that speak to establishing out-of-state and out -of -city contacts, sharing emergency numbers with family members, establishing a neighborhood meeting location and discussing evacuating the home. After an earthquake (response) the Sheriff's and Fire Departments' conduct critical facilities checks to determine whether there are issues with overpasses, utilities, SCAQMD, City Hall, medical facilities, facilities for seniors and special needs as well as, special districts including the Walnut Valley Water District, Edison, Gas company, etc. to ensure continued operation. The City coordinates with these public safety entities to make sure what is occurring with the Sheriff's Department, Fire Department and other partner agencies to support and collaborate with them to make sure residents are not negatively impacted. If necessary, the City will activate the City's Emergency Operations Center. In addition, the City notifies the County to make sure that if a state or federal disaster is declared the City is part of that declaration, depending on the severity of the condition. The City also monitors its resources (website, emergency alert system and social media) to be able to conduct outreach to residents. APRIL 1, 2014 PAGE 4 CITY COUNCIL MPT/Tye asked what the City did on Friday relative to the Los Angeles County Office of Emergency Management. SMA/Santos responded that the City receives information from different partner agencies. DCM/McLean updated information that went into the County's system while CM/DeStefano and DCM/McLean were working with the Sheriff's Department to upload information to the County regarding initial damage estimates. Following that, information was updated on Monday morning, with information from Building and Safety, Public Works and other City departments, staff informed the County and provided updates about what was happening. This is a system that is tested and used often. Depending on the severity of the situation, if it warranted, the Sheriff's Department and Fire Department will work collaboratively with the Red Cross to open a shelter. For example, in 2008 there was a shelter opened at Diamond Bar High School during the fire. At this point, the City is in recovery. A few days have passed and the City is continuing to monitor the situation. Building and Safety is responding to calls to inspect properties, apartment complexes and responding to individuals who report cracks in perimeter walls, etc. There were some minor traffic issues that were fixed. These are things the City does on a daily basis. This incident provided an opportunity for staff to test its preparedness efforts and moving forward, the City continues to learn from these incidents and improve the response system. SMA/Santos stated there are several resources that residents and businesses can use. The City website is a great resource with links to various agencies including the Red Cross, Department of Homeland Security, FEMA, etc. The City's website also has links to Neighborhood Watch which is a comprehensive program that focuses on security preparedness as well as, emergency preparedness. The Red Cross website has information on education and training. The Homeland Security www.ready.gov website has information and downloadable plans. The County of Los Angeles has downloadable program documents that provide excellent resource information. Additional internet resources are www.usgs.gov and the national weather service at www.weather.gov M/Herrera said she wanted residents to know that the City, LA County Sheriff's Department and LA County Fire Department have a plan and all three entities coordinate services in the event of a major disaster. CM/DeStefano explained that staff is regularly involved in training with outside agencies. Diamond Bar participated in a significant training event on October 17, 2013 and in addition to the City, within the EOC there were representatives from the Sheriff's Department, Fire Department, etc. APRIL 1, 2014 PAGE 5 CITY COUNCIL SMA/Santos is the City's Emergency Preparedness Coordinator and keeps the City on track with regular training schedules. One of the unique aspects of Diamond Bar is the Diamond Bar Center where significant events are often held. Last Friday night there was a wedding reception attended by some 200-300 individuals. Staff is trained to deal with those situations as well. CSC/Crawford was the senior staff member working the evening the earthquake occurred at 9:17 p.m'CSC/Crawford performed in an outstanding manner. Her instincts were great because she was trained well and knew what to do with respect to her guests, her staff, the building, etc. and when MPT/Tye witnessed Ramiro monitoring the facilities it was a result of staff's training to deploy resources. In the case of CSC/Crawford it happened to be part time workers who were deployed to take a look at the facilities well before any of the other staff members could arrive and possibly before law enforcement was deployed. CSCICrawford's performance was outstanding. The party continued and everyone had a great time and fortunately, there was no damage to the Diamond Bar Center. With respect to Diamond Bar in general, there were some private walls that fell, one onto a public sidewalk that clearly contained no rebar and very little concrete in the concrete block cells due to poor construction. A few individuals contacted the City about some damage to residences and businesses and Building and Safety has been out the past couple of days to look at those incidents. So far, it has been determined that none of those cracks that may have been a result of the recent earthquake were structural. The point of this presentation is to remind folks in the community and elsewhere that they need to be prepared that this is a major event that cannot be foretold. Earthquakes are regional and resources will be spread thin in the event of a major disaster and it will be difficult .to service areas in need so it is incumbent on everyone to be personally prepared. 3. PUBLIC COMMENTS: Mustafa Barlas, with SAPA, thanked the City Council and MPT/Tye for their support of the organization's recent event and presented MPT/Tye with a plaque and certificate. Debbie Avila -Mott, Diamond Ranch High School, invited everyone to attend the 4th annual Spring Suite sit down dinner and music concert on Sunday, May 18 at the Fox Theater in downtown Pomona. Tables are for sale for $250, $350 and $500 and balcony seats for $10. Pui-Ching Ho, Diamond Bar Library Manager, spoke about a series of five workshops for children 0-4 and parents on Wednesdays beginning April 2 at 11:00 a.m. The workshop provides a setting for children and parents to learn to play together. Topics to be discussed include child development, nutrition, APRIL 1, 2014 PAGE 6 CITY COUNCIL speech, literacy and dental care. She invited teens to learn basic electronics on Tuesday, April 8 at 3:30 p.m. to work on several simple science projects that show how electricity is turned on and off with a switch and how it runs on a direct current motor. On Wednesday, April 9 at 4:00 p.m. children will learn about dinosaurs. Allen Wilson thanked CMIDeStefano for his communication regarding the pedestrian traffic situation at Golden Springs Drive and Grand Avenue that he has encountered on three occasions in which he was denied the right-of-way. He asked all drivers to please exercise caution with respect to pedestrians. Jody Roberto, speaking on behalf of the Diamond Bar High School Music Department, reported that the Department was recently announced as a National Grammy Award winner. She invited everyone to attend and support the April 21 Gala from 6:00 to 9:00 p.m. at the Diamond Bar Center. The evening will include performances by all of the different music departments. Sponsorship is available and individual tickets are $75 or a table of 10 for $700. Please RSVP to www.modyroberto.com and make the checks payable to the Diamond Bar High School Music Department, PO Box 4697, Diamond Bar, CA 91765. Ms. Roberto also announced that the Diamond Bar Community Foundation hosts a Spotlight on the Arts every year. Diamond Ranch High School has a great music department as well and at the Spotlight on the Arts, both Diamond Ranch and Diamond Bar High School students will be featured along with the Pacific Crest Youth Arts on Saturday, April 26 at 2:00 p.m. at the Diamond Bar Center. Tickets are $25. For more information, click on the Foundation's website at www.thed_bcf.org or tickets can be purchased at Mt. SAC. MPT/Tye asked if the Diamond Bar Music Department is non-profit so that individuals can donate and get matching funds. Jody Roberto said she did not believe they were. C/Lyons said that in the past, donations to the music department have gone through the Brahma Foundation which is a 501c3 corporation. RESPONSE TO PUBLIC COMMENTS: None Offered. 4. SCHEDULE OF FUTURE EVENTS: 5.1 State of the City — April 2, 2014 — 6:00 p.m., Diamond Bar Center, 1600 Grand Avenue. 5.2 Planning Commission Meeting — April 8, 2014 - 7:00 p.m., Windmill Community Room, 21810 Copley Drive. APRIL 1, 2014 PAGE 7 CITY COUNCIL 5.3 Traffic and Transportation Commission Meeting — April 10, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 City Birthday 25th Anniversary Celebration — Saturday, April 12, 2014 — 11:00 a.m. to 5:00 p.m. (Rides open until 6:00 p.m.) Pantera Park, 738 Pantera Drive. 5.5 City Council Meeting — April 15, 2014 — 6:30 p.m., South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: MPT/Tye moved, C/Tanaka seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of March 18, 2014 — As submitted. 6.2 RATIFIED CHECK REGISTER — Dated March 13, 2014 through March 26, 2014 totaling $1,517,856.77. 6.3 APPROVED TREASURER'S STATEMENT — for February 2014. 6.4 AUTHORIZED THE CITY MANAGER TO EXTEND VENDOR SERVICES TO JAMES EVENT PRODUCTIONS FOR CARNIVAL RIDES AND OTHER ENTERTAINMENT RELATED ACTIVITIES IN AN AMOUNT NOT TO EXCEED $30,000 FOR THE 25TH CITY BIRTHDAY PARTY SCHEDULED FOR APRIL 12, 2014. 7. PUBLIC HEARING: None 8. COUNCIL CONSIDERATION: 8.1 GRAND AVENUE BEAUTIFICATION UPDATE - CM/DeStefano stated that this is an update to the work staff has been undertaking including the recent community meeting. He introduced SCE/Young. SCE/Young reminded Council that the primary purpose of this project is to highlight the Diamond Bar community identity and create visual points of interest and serve as a catalyst to stimulate existing commercial centers. APRIL 1, 2014 PAGE 8 CITY COUNCIL SCENoung then provided a power point presentation showing the proposed streetscape enhancements at the intersections of Grand Avenue and Diamond Bar Boulevard and Grand Avenue and Longview Drive. She stated that this very concept was presented at an open house on Wednesday, March 19 for community residents and business -owners who wished to view the concept plans and speak to staff about details and pose questions. SCENoung then introduced Gary Vasquez, Landscape Architect, David Volz Design who presented the concept design/beautification improvements proposed for the two separate intersections. During the open house the story boards depicting proposed parkway and median island improvements were viewed by the public. The proposal includes custom iron tree grates and new street trees along Diamond Bar Boulevard. The parkway will be softened by elevations along the street and will include vertical elements with decorative steel panels and post and rail decorative elements to define and create more intimate walking spaces. The beautification efforts will extend to the right-of-way line to take advantage of the complete parkway area. Decorative tree grates and lighting will also be included. The elements and construction materials proposed are interlocking concrete pavers, iron tree grates at both intersections to begin building the design continuity throughout the City. Also proposed are decorative crosswalks, tree wells, planting areas, decorative columns in the parkways, City entry monuments (on Grand Avenue), and improvements to median island landscapes incorporating vertical elements to create more interest. The plant material is drought tolerant, low water use and the irrigation will be low water use smart controller systems. The typical intersection improvements incorporate diamonds in the crosswalks, with two patterns of interlocking pavers to create a striping pattern. The pedestrian nodes with handicap curb ramps will be improved and will incorporate decorative paving as well. New drought tolerant and hearty street trees, plant materials, shrubbery and ground cover will be incorporated along both intersections. SCE/Young reported that 53 (40 residents, 8 residents and business owners and 5 business owners only) attended the open house. Nineteen (19) surveys were completed and the results indicated top votes for decorative street lights or traffic signal lights as the most impactful feature creating a unique visual character for Diamond Bar. Staff is also proposing plans for decorative street lights for this project at the two intersections. Other top votes were for the diamond to be a critical element to be used as a focal point for gateway signage and interlocking pavers and river rock as materials preferred in the medians and parkways. Other comments included enhancements to pedestrian safety improvements at the crosswalks including crossing signage with APRIL 1, 2014 PAGE 9 CITY COUNCIL countdown indicators and audio enhancements for the visually impaired as well as, more landscaping improvements. Staff also received comments for other areas of the City and staff was able to address those comments with individuals who posed the comments during the open house. SCENoung stated that based on the current concepts the construction estimate totals $1.45 million or $880,000 for Grand Avenue and Diamond Bar Boulevard and $570,000 for. Grand Avenue and Longview Drive intersections. The proposed project schedule is to have the plans and specifications completed by the end of April and because this project is using Federal funds it will require a three month Caltrans authorization process prior to commencement of construction. However, once submitted, staff will work closely with Caltrans to shorten the timeframe to begin construction sooner. Given the anticipated three-month Caltrans authorization process staff expects to award a construction contract in August, begin construction in September and look forward to completion by the end of 2014. C/Lyons asked if any of the street lanes will be narrowed during this process. SCE/Young responded that all improvements are proposed within the sidewalk area from face of curb to back of sidewalk and will not impede the street lanes. MPT/Tye asked if mature trees in front of buildings at the Diamond Bar Boulevard and Grand Avenue would block the road frontage. Mr. Velasquez explained that the proposed trees are crepe myrtle which are relatively small street trees and does not believe they will impede view. There is still room to relocate the trees but he believed that they have been located so as not to obstruct visibility. MPT/Tye referred to Slide 9 (Longview Drive and Grand Avenue) and asked if the plan included stamped concrete. Mr. Velasquez said that stamped concrete is not proposed although in the parkway at Diamond Bar Boulevard and Grand Avenue the sidewalks will go back to the first intersection at each corner for which color enhanced concrete (not stamped) with aggregate type finish will be proposed. Allen Wilson said he attended the open house and his concern was the cost of this project and was surprised and felt all of the entry intersections in the City should be done so that the entire City could benefit from this project. APRIL 1, 2014 PAGE 10 CITY COUNCIL CM/DeStefano responding to Mr. Wilson's question stated that this is a design palate that upon installation along Grand Avenue will set the tone for other key intersections throughout the. community. It is staff's plan and hope that with Council's approval of the overall concepts as well as resources to install this same type of schematic design element themes on the other roadway segments at the other major intersections as money becomes available to the City. In this case, the focus is on Grand Avenue because it is money that was received from the Federal Government through an acquisition that the City was given from then Congressman Gary Miller and it is very specific to Grand Avenue and very specific to only the right-of-way within Grand Avenue. Staff tried to stretch it into the entrance of the Diamond Bar Center which was not permissible. These are very specific dollars that can only be used for this project within a very specific boundary on Grand Avenue. 8.2 STATE ROUTE 57/60 GRAND AVENUE CONFLUENCE PROJECT UPDATE. CM/DeStefano explained that this is a project that the City has been a part of along with the City of Industry, MTA and other partners. This is a $256 million multi -phased effort to improve capacity and safety along the stretch of the 57/60 freeway in this immediate area. This project has been in the works for many years. CMIDeStefano then introduced PWD/Liu who provided the presentation. PWD/Liu stated that the City continues to proactively pursue the SR57/60 "Big Fix" improvements as its top traffic mitigation priority. Every day more than 340,000 personal and commercial vehicles struggle to navigate their way through the SR57/60 confluence area, a two mile stretch where highways are forced to come into alignment in the vicinity of Grand Avenue. This creates a bottleneck and creates weaving, significant delays, pollution and high accident rates. This freeway segment is rated as the third most congested in California and the seventh worst in the nation. Annually, the confluence area experiences more than 580 accidents with an additional 90 accidents occurring on the on/off ramps. PWD/Liu then provided a power point presentation showing the SR57/60 Confluence Project. It is a three-phase program of improvements consisting of ramp and interchange reconfigurations as well as, a series of bypass collectors and roads. Phase I is the construction of a $16.6 million westbound onramp from Grand Avenue. With the addition of this new ramp, vehicles traveling southbound on Grand Avenue will have direct right -turn access onto the SR60. This phase is fully funded with an $8.9 million MTA Grant and local matching funds. Construction is expected to begin November 2015 and be completed July 2016. APRIL 1, 2014 PAGE 11 CITY COUNCIL Phase II (a) is the construction of a $14 million street widening project including Grand Avenue south of the SR60 interchange, approximately 4.6 miles of Golden Springs Drive and rebuilding of the intersection at Grand Avenue and Golden Springs Drive. Phase II (a) is in the design phase with the focus on Phase I and Phase 11 (b). Phase II (a) is also fully funded with $6.8 million from MTA and local match funds. Phase II (b) is construction of a $20 million westbound Grand Avenue off - ramp and westbound lane on the SR60 from the SR57 as well as, reconstruction of the loop onramp at Grand Avenue. Phase 1.1 (b) is fully funded with a $9.4 million MTA Grant and local matching funds. Construction is expected to begin in July 2015 and be completed in March 2016. Phase III is considered the freeway "mainline" improvements. Improvements include construction of the Grand Avenue Bridge over the SR60, the new eastbound bypass off ramp to Grand Avenue and eastbound bypass connector from the SR57 with a new eastbound loop onramp on Grand Avenue and extension of the eastbound lane to the new eastbound bypass connector on the SR60. The EIR was certified in December 2013 and vigorous efforts are underway to create funding strategies to implement this phase sooner than anticipated. The anticipated cost for this phase is approximately $205 million. Beyond these three phases there are other components to the "Big Fix" improvements which will require further studies and resources. These components include the westbound bypass connector and off ramp to Grand Avenue to eliminate weaving across the SR57, the missing connectors and the HOV connectors as well as, the east/west freight corridor. For these missing components efforts will continue to pursue funding options for a second feasibility study. To date, a $100,000 Caltrans Partnership Grant has been secured and SCAG and MTA have expressed support for funding this study which is valuated at between $300,000 and $400,000. Resolving these issues is critical and timely as is the need to pursue and retain program costs to build the remaining components if the feasibility study shows they are worth implementing. On Friday, March 21, US Transportation Secretary Anthony Foxx, Congresswoman Grace Napolitano and Congressman Ed Royce toured the SR57/60 Confluence area and met with City Council Members to discuss proposed solutions. PWD/Liu presented a professionally produced video that talked about the numbers and statistics to demonstrate the importance of this regionally significant project. APRIL 1, 2014 PAGE 12 CITY COUNCIL MPT/Tye said that during the past 15 years the City has continued to lobby and work hard with its partners in different cities and the government. Last summer to have Congressman Schuster from Pennsylvania and now Secretary of Transportation Foxx here to see them both stand on the Grand Avenue bridge and watch the weaving and congestion Diamond Bar lives with every day was impressive because it got them out from behind their desks into the real world situation where they can actually see it and hear it. To hear Secretary Foxx look at problem and turn to Congressman Royce and Napolitano and say "we've got to fix this thing". MPT/Tye stated that he is impressed with the partnership with the other cities and what has been done to make this project as feasible and economical as possible. Further, he is looking forward to hearing from Secretary Foxx and the Department of Transportation. MPT/Tye thanked staff for their efforts in getting the tour in place. M/Herrera thanked Congresswoman Grace Napolitano and Congressman Ed Royce who actually got Transportation Secretary Foxx to the site to see for himself what this area suffers and what Diamond Bar has tried to stress to Congressional representatives across the nation that this is not just a Diamond Bar problem, not just a San Gabriel Valley problem or a California problem, this is a problem for goods movement for the rest of the nation. The longer goods get hung up in this choke point the longer it takes to get to their destination and the more expensive the goods become. It is the City's hope that the funding will come soon and work will begin on fixing this problem. She thanked staff for the presentation and for highlighting this issue for the residents. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTSICOUNCIL MEMBER COMMENTS: C/Chang reminded everyone that they can follow her on Facebook and Twitter. She thanked CMIDeStefano for his timely response regarding the earthquake. She and her colleagues received an email from him within 30 minutes of the event to provide a brief update. She received updates through social media faster than the information was available on cable news. She attended the LA County Criminal Justice Coordinating Committee meeting. Supervisor Don Knabe chaired the meeting and she attended as President of the League of California Cities. The main discussion was human trafficking. The Committee's mission is "to improve the effectiveness and efficiency of the local criminal justice system by strengthening intra -agency communication, cooperation and coordination. She thanked Congressman Ed Royce and Grace Napolitano for bringing Secretary Foxx to Diamond Bar. Secretary Foxx was very engaging and saw this interchange as a huge problem which she hoped he would communicate back to APRIL 1, 2014 PAGE 13 CITY COUNCIL Washington D.C. She thanked Lt. Mark Stevens for the cyber crime presentation which was very timely. Congressman Royce held an event where the Chairman of Homeland Security Congressman McCall was present. During her discussion with these individuals it was determined that cyber security would become one of the nation's major issues. She said she was looking forward to the City's 25th Birthday party and hopes to see everyone at the event. C/Tanaka attended the open house presentation regarding the Grand Avenue improvements along Grand Avenue at Diamond Bar Boulevard and Longview Drive. On Thursday he attended the Historical Society's Art Forum and Essay Contest in celebration of the City's 25th Anniversary "Why I Love Diamond Bar." On Friday he attended the South Asian Parents Association's first Evening of Colors. Saturday he attended a celebration of Jack Newe's Farmers Market's 10th Anniversary. The market is located in Lot B at Mt. SAC. Sunday he attended the 50th Anniversary for the Miss Diamond Bar Pageant. At the end of the evening Dana Li was crowned Miss Diamond Bar 2014 and Taylor Kalinowski, Vivian Li, Stephanie Alvarez, Landi Gonzalez were named Princesses of the Court. Last Saturday he attended an Eagle Court of Honor for Kevin Kuhlman from Troop 777. He congratulated the DB4-Youth Board Members who were elected last week and thanked the outgoing board for their service. Yesterday he attended a Neighborhood Watch meeting on Eagles Nest. C/Lyons attended the San Gabriel Valley Transportation Forum last week during which issues and concerns were discussed including the SR57160 Confluence Project. She and C/Tanaka attended the Grand Avenue Beautification Open House and stated that the residents were very engaged in the process. She expressed her appreciation to CSC/Meyers who has been instrumental in getting grant funds for City parks. She also appreciates the Disaster Preparedness training staff has undertaken. Friday's earthquake was serious for Diamond Bar and more are forthcoming so it is good to be prepared. She thanked M/Herrera, CMIDeStefano and PWD/Liu for their work in getting the attention of Transportation Secretary Foxx and Members of Congress to get relief at the SR57160. MPT/Tye said that last Thursday he attended a function put on by the Orange County Chamber of Commerce which was held at the Nixon Library. Congressman Royce presented an update on the Ukraine and negotiations taking place in Washington D.C. and around the world. He congratulated Dana Li, Miss Diamond Bar 2014 and her Court celebrating 50 years of competition. This year was especially poignant with all of the former Miss Diamond Bar's on stage. He realized because of this event and Julia Hernandez, Miss Diamond Bar 2010 that this pageant is not about beauty but about courage. Julia shared with the crowd that in December 2013 she had a hemorrhagic stroke and it made him realize how precious life is and how someone who had a stroke at such an early age could appreciate the organization and how much she realizes today that beauty really is an inner APRIL 1, 2014 PAGE 14 CITY COUNCIL attribute and not what appears on the outside. Everyone appreciates her courage. Congratulations to the entire organization and to those who make it possible for the young ladies that are involved. MPT/Tye thanked CSC/Crawford for her action during the earthquake. How many times in her life will she have the opportunity to put that training to work. The City was notified this week that it has been awarded a Habitat Conservation Grant in the amount of $181,579 for the Pantera Park Trail. Earlier tonight a speaker talked about the expense of different things the City faces and many people do not realize how many of the improvements made in Diamond Bar come from grants and different proposals from which the City has benefited - $2 million in competitive grants in the last eight years have been awarded to Diamond Bar, funds that have allowed improvements at Sycamore Canyon and Silver Tip Parks, and the Sycamore Canyon Trails and Summitridge Park Trails system and will fund the design and construction of the Pantera Park Trail and the link to all of that is Allison Meyers. She is behind the scenes and does a great job. She has written the majority of the applications for the grants and continues to apply for three or four grants every year. There were only seven trail projects throughout California funded this year. Congratulations to Allison Meyers for all that she has done and continues to do on behalf of the residents of Diamond Bar. Congratulations to SAPA and their fundraising effort on behalf of Diamond Bar High School. He hoped everyone would attend tomorrow night's State of the City address at 8:00 p.m. at the Diamond Bar Center and on Saturday, April 12, the City Birthday 25th Birthday Party. M/Herrera said she attended many of the events that her colleagues have already spoken about. She thanked Allison Meyers for using her talent on behalf of Diamond Bar. It takes a special talent to write a grant application that results in grant funding. Diamond Bar is very fortunate to have Allison and to have received over $2 million in grant funds in the past eight years is outstanding. She thanked Deputy Thorn, LA County Sheriff's Department who conducted a traffic stop at Gold Rush Drive and Highcrest Drive when he spotted a vehicle without license plates. There were three men inside and Deputy Thorn noticed there were suspicious looking items in the vehicle including a screwdriver and cotton gloves which are commonly used to commit residential or vehicular burglaries. Deputy Thorn concluded that these men were in the area to commit burglaries and he arrested them on the spot which is further illustration of how the LA County Sheriff's Department works hard with their eyes open and alert to protect residents and prevent crimes before they occur. The City also needs its residents to be alert. If anyone sees a vehicle that has no license plates it should be a red flag to the observer that the occupants are up to no good and the observer is asked to please contact the Sheriff's Department. Diamond Bar has a reward program of $500 for tips that lead to apprehension of those who commit a crime. APRIL 1, 2014 PAGE 15 CITY COUNCIL MlHerrera reported that she had attended the Eagle Scout Court of Honor for Kevin Kuhlman. Diamond Bar has a very, very strong Boy Scout program and she thanked parents who put their kids in scouting and a special thanks to the scout leaders who spend thousands of hours guiding young individuals through scouting and bring them to the point of achieving the Eagle Scout rank. These individuals are helping to develop good citizens for the future of this community and country and as a Diamond Bar resident she very much appreciates their efforts. She hopes that everyone survived the earthquake. Her house suffered a lot of glass breakage. Such events remind us to be prepared and have emergency items close at hand. She thanked staff for imparting valuable information about earthquake preparedness this evening and hoped the shake rattle and roll was finished. If not, the City is prepared and Los Angeles County Sheriff's Departments and Fire Departments are prepared. ADJOURNMENT. With no further business to conduct, MlHerrera adjourned the Regular City Council Meeting at 8:15 p.m. in honor of Lorna and Shelby Wagner on the occasion of their 50th wedding anniversary. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of CAROL HERRERA, MAYOR 2014. CITY OF DIAMOND BAR Agenda No. 6.2 MINUTES OF THE PARKS & RECREATION COMMISSION _ DIAMOND BAR CITY HALL - THE WINDMILL ROOM 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 FEBRUARY 27. 2014 - CALL -TO -ORDER: - - Chairman Dave Grundy called the Parks and Recreation Commission meeting to order at 7:02. p.m. in the City Hall WindmillRoom, 21810. Copley Drive, Diamond Bar, -CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Owens led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Lew -Herndon, Benny Liang, Dave Roberto, Vice Chairman Ted Owens, Chairman Dave Grundy Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent; Christy Murphey,' Recreation Superintendent; Alison Meyers, Community Services Coordinator, and Debbie Gonzales, Administrative Coordinator_ MATTERS FROM THE AUDIENCE: Zachary Lu, speaking on behalf of several Diamond Bar High School students who were present, shared how a fellow classmate had recently passed away from cancer (brain tumor) and how prior to his passing he often expressed his desire to visit the City's parks but could not because his chemo medication prohibited him from being exposed to the sun... He said that he and Ms. Robertson would like to spearhead a project that would be included in the Heritage Park renovation such as UV shades as well as, special needs swings that would accommodate wheeichairs and eventually be installed in all parks in Diamond Bar. Zachary further stated that students are willing to hold fundraisers for the cause and that they would be willing to work with project architects to include such accommodations. C1Herndon asked if staff had done any special needs studies and CSD/Rose responded no, not in depth. CSD/Rose ensured Commissioners that staff would obtain information about UV shades and swings that could accommodate wheelchairs as well as,, other types of special needs amenities at.the upcoming...CPRS Conference and report back to the Commission. VC/Owens asked if the Heritage Park RFP included public meetings and CSD/Rose . responded affirmatively. Zachary Lu provided staff with his contact information and reiterated the students' desire for this project to be considered by the City as well as, their desire to be involved in the project. CSD/Rose assured the students that consideration would be given to FEBRUARY 27, 2014 PAGE 2 P&R COMMISSION their request and that they would be contacted regarding the findings and outcome of the consideration. VC/Owens asked if there would be an aquatics program available at Diamond Bar High School in the future. CSD/Rose responded that the City Manager's office is currently researching this matter. CALENDAR OF EVENTS: As presented by CSD/Rose. 9. CONSENT CALENDAR: 1.1 Regular Meeting Minutes for January 23, 2014 — approved as submitted. C/Roberto moved, ClLiang seconded, to approve the Minutes of the January 23, 2014 regular meeting as submitted. Motion carried by the following Roll Call vote: 'AYES: COMMISSIONERS: Herndon, Roberto,Liang,Chair/Grundy `NOES: COMMISSIONERS: None _ ABSTAIN: COMMISSIONERS: VC/Owens ABSENT: COMMISSIONERS: None 2. INFORMATIONAL ITEMS: 2.1. Recreation Program. Update — RS/Murphey 2.1.1 Power Point Presentation on Tiny Tots, Summer Day Camp, Volunteens, DB 4Youth In Action Program — CSC/Meyers 2.2 Parks Report — PMS/Jordan 2.2.1 Power Point presentation on Sycamore Canyon Park Creek 'Inspection — PMS/Jordan. 2.3 CIP Projects — CSD/Rose 2.3.1 Grandview Trail and Grandview Trail Link — CSDIRose reported that this project will be awarded to Green Building Corporation at the next City Council meeting on March 4. - 2.3.2 Design of Site D Public Park — CSD/Rose reported that there are several residents who would like to be notified of public meetings. related to the design of the Site D Public Park. 2.3.3 Diamond Bar Center Improvements — CSD/Rose stated that this project was completed and authorization for the City Clerk's filing of the Notice of Completion will be on the City Council's March 4 agenda. FEBRUARY 27, 2014 PAGE 3 P&R COADIISSION 2.3.4 Design of Heritage Park Improvements — CSD/Rose said that the design project is forthcoming and reiterated that staff will obtain additional information regarding possible special needs items that might be available for inclusion in the design for Heritage Park as well. as, other City parks. 2.4 List of Pending Commission Requests -- CSD/Rose CSD/Rose updated the, Commission on the non-binding MOU and stated that a meeting with the school superintendents will be scheduled soon. C/Hemdon said he met with his Council representative and asked why the Pony League issue had -been removed from the list and CSD/Rose explained that the matter was now with the City Manager's office. Staff, member Ryan McLean, who has been promoted to Deputy City Manager, is developing a report on the Pony League Issue. Chair/Grundy requested that a copy of the Heritage Park Plans be provided to the Commission for review and input prior to conceptual plans be drawn up. _-- 3. OLD BUSINESS: None 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: VC/Owens thanked Alison Meyers for her work with the Tiny Tots and other youth programs and thanked staff for their reports. C/Liang thanked staff for their hard work. C/Herndon thanked staff for their hard work on behalf of the Commission and the City. Commissioner Grundy presented C/Roberto with a plaque recognizing_ his dedicated service as a Member of the Parks and Recreation Commission from March 2011 to February 2014 on behalf of the Parks and Recreation Commission and Staff of the City.of Diamond Bar. C/Roberto thanked staff for their hard work and shared how much he enjoyed working with such a fine group of individuals. He said that if he ever had the opportunity to choose another profession he would like to be working in Community Services. FEBRUARY 27, 2014 PAGE 4 P&R COMNUSSION ADJOURNMENT: C/Herndon moved, VC/Owens seconded, to adjourn the Parks and Recreation Commission meeting. With no objections and no further business before the Parks and Recreation Commission, Chair/Grundy adjourned the meeting at 8:12 p.m. The foregoing minutes are hereby -approved this- 27 day of March ; 2014. Respectf Ily miffed, B S , ECRETARY CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda 4 5.3 Meeting Date: April 15, 2014 AGENDA REPORT FROM: James DeStefano, City Ma a r TITLE: Ratification of Check Register dat d March 27,2014 through April 9, 2014 totaling $ 417,374.78 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 417,374.78 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated March 27, 2014 through April 9, 2014 for $ 417,374.78 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Luisa Allen Accounting Technician REVIEWED BY: Finance Director Attachments: Affidavit and Check Register— 03/27/14 through 04109114. 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 March 27, 2014 through April 9, 2014 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description General Fund Com Org Support Fund Prop A - Transit Fund Prop C - Transit Tax Fund Integrated Waste Mgt Fund LLAD 38 Fund LLAD 39 Fund LLAD 41 Fund Capital Imp Projects Fund Computer Eq Rep] Fund Signed: Dianna Honeywell Finance Director Amount $349,443.11 $450.00 $4,048.16 $7,441.28 $11,890.61 $12,225.30 $11,760.93 $4,612.89 $2,227.50 $13,275.00 $417,374.78 SUNGARD PENTAMATION INC DATE: 04/09/2014 CITY OF DIAMOND BAR TIME: 08:51:45 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20140327 00:00:00.000' and '20140409 00:00:00.000' ACCOUNTING PERIOD: 10/14 _ FUND - 001 - GENERAL FUND AMOUNT SUPPLIES-FEB/MAR CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 107380 04/03/14 ALBERTSO ALBERTSONS LLC 0015350 10100 107381 04/03/14 ALLCITYM ALL CITY MANAGEMENT SERV 0014411 10100 107381 04/03/14 ALLCITYM ALL CITY MANAGEMENT SERV 0014411 TOTAL CHECK 709.56 ASCAP-CONCERTS 0.00 658.50 10100 107382 04/03/14 DRIVERAL ALLIANT INSURANCE SERVIC 0015350 10100 107383 04/03/14 APWA AMERICAN PUBLIC WORKS AS 0015510 10100 107384 04/03/14.ARCIMAGI PLANT SVCS -HERITAGE ARC IMAGING RESOURCES 0014070 10100 107384 04/03/14 ARCIMAGI ARC IMAGING RESOURCES 0014070 TOTAL CHECK 107.00 0.00 689.00 10100 107385 04/03/14 ASCAP ASCAP 0015350 10100 107386 04/03/14 ASCISECU ASCI SECURITY 0014093 10100 107386 04/03/14 ASCISECU ASCI SECURITY 001.4093 TOTAL CHECK 312.80 TOOLS -RD MAINT ().Co 245.23 10100 107387 04/03/14 ATTMOBIL AT&T MOBILITY 0014030 10100 107388 04/03/14 BEARSTAT BEAR STATE AIR CONDITION 0015333 10100 107389 04/03/14 EVERGREE ROBYN A BECKWITH 0015340 10100 107389 04/03/14 EVERGREE ROBYN A BECKWITH 0015333 10100 107389 04/03/14 EVERGREE ROBYN A BECKWITH 0014093 10100 107389 04/03/14 EVERGREE ROBYN A BECKWITH 0014093 TOTAL CHECK 10100 107390 04/03/14 TONTHATC CAROLINE TONT14AT 0014060 10100 107391 04/03/14 CDW-G CDW GOVERNMENT 0014070 10100 107391 04/03/14 CDW-G COW GOVERNMENT 0015333 10100 107391 04/03/14 CDW-G COW GOVERNMENT 0015333 TOTAL CHECK 10100 107392 04/03/14 CHINOFIL CHINO HILLS FORD 0015310 10100 107393 04/03/14 LAVERNEP ANTHONY CHUN 0015554 10100 107393 04/03/14 LAVERNEP ANTHONY CHUN 0015554 TOTAL CHECK 10100 107394 04/03/14 CLIMATEC CLIMATEC 0014093 10100 107395 04/03/14 CMSCHOOL CM SCHOOL SUPPLY CO 0015350 10100 107396 04/03/14 CLAPLIBR COUNTY OF L A PUBLIC LIB 001 10100 107397 04/03/14 DAYNITEC DAY & NITE COPY CENTER 001 10100 107398 04/03/14 DELTACAR DELTA CARE PMI 001 PAGE NUMBER: 1 ACCTPA21 -----DESCRIPTION------ SALES TAX AMOUNT SUPPLIES-FEB/MAR 0.00 136.86 CROSSING GUARD -FEB 0.00 6,124.08 CROSSING GUARD -MAR 0.00 6,849.30 0.00 12,973.38 SPCL EVENT INS-C/BDAY 0.00 1,672.00 APWA CONF-STAFF 0,00 495.00 SUPPLIES-I.T. 0.00 701.70 PRINT SVCS -FEB 14 0.00 7.96 0.00 709.56 ASCAP-CONCERTS 0.00 658.50 SVCS CALL-I.T. 0.00 125.00 INSTALL -CARD READER 0.00 3,555.00 0.00 3,680.00 CELL CHRGS-CMGR 0.00 37.96 MAINT-DBC 0.00 1,825.19 PLANT SVCS -HERITAGE 0.00 135.00 PLANT SVCS -DBC 0.00 177.00 PLANT SVCS -CITY HALL 0.00 270.00 PLANT SVCS -LIBRARY 0.00 107.00 0.00 689.00 REIMS--MTG SUPPLIES 0.00 113.98 COMP MAINT-SOFTWARE 0.00 6,795.00 LICENSE -DBC PRQS 0.00 828.40 COMP MAINT-DBC PROS 0.00 958.11 0.00 8,581.51 VER MAINT-COMM SVCS 0.00 780.65 TOOLS -RD MAINT 0.00 312.80 TOOLS -RD MAINT ().Co 245.23 0.00 558.03 REPAIR A/C-C/HALL 0.00 3,288.41 SUPPLIES -TINY TOTS 0.00 421.04 FACILITY REFUND -DBC 0.00 500.00 PRINT SVCS -PR 13-1701 0.00 510.12 APR 14 -HMO DENTAL PRM 0.00 393.50 SUNGARD PENTAMATION INC PAGE NUMBER: PATE: 04/09/2014 CITY OF DIAMOND BAR ACCTFA21 TIME: OB:51:45 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck date between '20140327 00:00:00.000' and '20140409 00:00:00.000' ACCOUNTING PERIOD: 10/14 FUND - 001 - GENERAL FUND ' CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 107399 04/03/14 DELTADEN DELTA DENTAL 001 APR 14 -DENTAL PREMIUM 0.00 4,376.50 10100 107400 04/03/14 DHMAINTE DH MAINTENANCE 0014093 ADDL MAINT-C/HALL 0.00 500.00 10100 107403 04/03/14 DOGGIEWA DOGGIE WALK BAGS INC 0015340 SUPPLIES -PARKS 0.00 1,635.00 10100 107402 04/03/14 DREAMSHA DREAM SHAPERS 001 FACILITY REFUND -DBC 0.00 1,000.00 7.0100 107403 04/03/14 EMERALD EMERALD LANDSCAPE SERVIC 0014093 ADDL MAINT-C/HALL 0.00 47.25 10100 3.07404 04/03/14 EXCELLAN EXCEL LANDSCAPE INC 0015340 LNDSCPE MAINP-PARK 0.00 325.00 10100 107404 04/03/14 EXCELLAN EXCEL LANDSCAPE INC 1415541 LNDSCPE MAINT-DIST41 0.00 4,143.87 10100 107404 04/03/14 EXCELLAN EXCEL LANDSCAPE INC 1395539 LNDSCPE MAINT-DIST39 0.00 11,610.95 10100 107404 04/03/14 EXCELLAN EXCEL LANDSCAPE INC 1385538 LNDSCPE MAINT-DIST3B 0.00 11,718.00 10100 107404 04/03/14 EXCELLAN EXCEL LANDSCAPE INC 138553E ADDL MAINT-DIST 3B 0.00 41.10 10100 107404 04/03/14 EXCELLAN EXCEL LANDSCAPE INC 1415541 ADDL MAINT-DIST 41 0.00 56.16 10100 107404 04/03/14 EXCELLAN EXCEL LANDSCAPE INC 1395539 ADDL MAINT-DIST 39 0.00 66.86 10100 107404 04/03/14 EXCELLAN EXCEL LANDSCAPE INC 1395539 ADDL REPAIRS-DIST 39 0.00 83.12 10100 107404 04/03/14 EXCELLAN EXCEL LANDSCAPE INC 1415541 ADDL REPAIRS-DIST 41 0.00 412.86 10100 107404 04/03/14 EXCELLAN EXCEL LANDSCAPE INC 1385538 ADDL REPAIRS-DIST 38 0.00 438.62 TOTAL CHECK 0.00 28,896.54 10100 107405 04/03/14 EXTERMIN EXTERMINETICS OF SO CAL 0015340 PEST CONTROL-PANTERA 0.00 30.00 10100 107405 04/03/14 EXTERMIN EXTERMINETICS OF SO CAL 0015333 PEST CONTROL -DBC 0.00 40.00 10100 107405 04/03/14 EXTERMIN EXTERMINETICS OF SO CAU 0015340 PEST CONTROL -HERITAGE 0.00 40.00 10100 107405 04/63/14 EXTERMIN EXTERMINETICS OF SO CAL 0015340 PEST CONTROL -PETERSON 0.00 50.00 10100 107405 04/03/14 EXTERMIN EXTERMINETICS OF SO CAL 0014093 RODENT CONTROL- C/HALL 0.00 50.00 10100 107405 04/03/14 EXTERMIN EXTERMINETICS OF SO CAL 0014093 RODENT CONTROL-C/HALL 0.00 65.00 10100 1074.05 04/03/14 EXTERMIN EXTERMINETICS OF SO CAL 0015333 RODENT CONTROL -DBC 0.00 75.00 TOTAL CHECK 0.00 350.00 10100 107406 04/03/14 FERRISKE KEVIN FERRIS 001 FACILITY REFUND-S/CYN 0.00 50.00 10100 107407 04/03/14 FOOTBUIL FOOTHILL BUILDING MATERI 0014440 SUPPLIES -SAND 0.00 379.32 10100 107407 04/03/14 FOOT13UIL FOOTHILL BUILDING MATERI 0014440 SUPPLIES -SAND 0.00 379.32 10100 107407 04/03/14 FOOTBUIL FOOTHILL BUILDING MATERI 0014440 SUPPLIES -SAND 0.00 379.32 10100 107407 04/03/14 FOOTBUIL FOOTHILL BUILDING MATERI 0014440 SUPPLIES -SAND 0.00 379.32 TOTAL CHECK 0.00 1,517.28 10100 107408 04/03/14 FRANCHTS FRANCHISE TAX BOARD 001 WAGE GRNSH-3/28/14 0.00 24.22 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEES -EN 04-453 0.00 36.45 10100 107410 04/03/14 HALLFORE HALL R FOREMAN, INC. 001 ADMIN FEES-PR12--212 0.00 -72.90 10100 107410 04/03/14 HALLFORE HAIL & FOREMAN, INC. 001 ADMIN FEES -EN 04-4S3 0.00 -36.45 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEES-PR13-1701 0.00 -813.17 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEES-PR13-1252 0.00 -415.91 10100 107410 04/03/14 HALLFORE HALL R FOREMAN, INC. 001 ADMIN FEES-PR14-951 0.00 -207.96 10100 107410 04/03/14 HALLFORE HALL R FOREMAN, INC. 001 ADMIN FEES-PR13-1687 0.00 -207.95 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEES-PR14--235 0.00 -108.00 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEES-PL14-235 0.00 -81.00 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS-EN 04-453 0.00 202.50 2 SUNGARD PENTAMATION INC PAGE NUM3HR: 3 DATE: 04/09/2014 CI'T'Y OF DIAMOND BAR ACCTPA21 TIME: 08:51:45 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck date between '20140327 00:00:00.000' and 120140409 00:00:00.000' ACCOUNTING PERIOD: 10/14 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION SALES TAX AMOUNT 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEES-PR13-1687 0.00 207.95 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC_ 001 ADMIN FEES-PR14-951 0.00 207.96 10100 107,110 04/03/14 HALLFORE HALL & FOREMAN, INC_ 061 ADMIN FEES-PR12--212 0.00 72.90 10100 107410 04/03/14 HALLFORE HALL & FORFMAN, INC. 001 - ADMIN FEES-PR14-235 0.00 108.00 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEES-PL14-235 0.00 81.00 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS-PR13-1701 C.00 4,517.63 10100 1.07410 04/03/14 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS-PR13-1252 0.00 2,310.61 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 001 PROF_SVCS-PR13-1687 0.00 1,155.30 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS-PR12-212 0.00 405.00 10100 7.0747.0 04/03/14 HALLFORE HALL & FOREMAN, INC. 001 PROF_SVCS-PL14-235 0.00 450.00 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEES-PR13-1252 0.00 415.91 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEES-PR13-1701 0.00 613.17 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS-PL14-235 0.00 600.00 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 0015551 PROE.SVCS-MAP REVIEW 0.00 2,512.80 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 0015551 PROF.SVCS-MAP REVIEW 0.00 577.66 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 0015551 PROF.SVCS-PLAN CHECK 0.00 470.26 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC_ 0015551 PROF.SVCS-STORM DRAIN 0.00 3,251.94 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 0015551 PROF.SVCS--PLAN CHECK 0.00 430.42 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 0015551 PROF.SVCS-PLAN CHECK 0.00 1,232.47 10100 107410 04/03/14 14ALLFORE HALL & FOREMAN, INC. 0015551 PROF.SVCS-PLAN CHECK 0.00 520.89 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 0015551 PROF.SVCS-PLAN REVIEW 0.00 4,305.00 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 6015551 PROE_SVCS-GRADING RVW 0.00 6,740.03 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. -001 PROF.SVCS-REVIEW 0.00 1,155.31 10100 107410 04/03/14 HALLFORE HALL & FOREMAN, INC. 0015551 PROF.SVCS-PLAN CHECK 0.00 664.85 TOTAL CHECK 0.00 31,442.67 16160 107411 04/03/14 WHITECAP HDS WHITE CAP CONST SUPP 0015554 SUPPLIES-RD MAINT 0.00 53.71 10100 107411 04/03/14 WHITECAP HDS WHITE CAP CONST SUPP 0015554 SUPPLIES-RD MAINT 0.00 217.06 10100 107411 04/03/14 WHITECAP HDS WHITE CAP CONST SUPP 0015554 SUPPLIES-RD MAINT 0.00 275.53 10160 107411 04/03/14 WHITECAP HDS WHITE CAP CONST SUPP 0015554 SUPPLIES-RD MAINT 0.00 278.78 10100 107411 04/03/14 WHITECAP HDS WHITE CAP CONST SUPP 0015554 SUPPLIES-RD MAINT 0.00 17.57 10100 107411 04/03/14 WHITECAP HDS WHITE CAP CONST SUPP 0015554 SUPPLIES-RD MAINT 0.00 18.31 TOTAL CHECK 0.00 861.36 10100 107412 04/03/14 HIWAYSAF HI WAY SAFETY INC 0015554 SUPPLIES-RD MAINT 0.00 103,57 7.0100 107412 04/03/14 HIWAYSAF HI WAY SAFETY INC 0015554 SUPPLIES-RD MAINT 0.00 419.56 10100 107412 04/03/14 HIWAYSAF HI WAY SAFETY INC 0015554 TOOLS & EQ-RD MAINT 0.00 4,770.70 TOTAL CHECK 0.00 5,293.85 10100 107413 04/03/14 HOLIDAYG HOLIDAY GOO 0015350 SUPPLIES-EASTER E/HNT 0.00 1,218.18 10100 107414 04/03/14 ITERIS ITERIS INC 0015554 MONITORS-P/WORKS 0.00 981.00 10100 107414 04/03/14 ITERIS ITERIS INC 0015534 CAMERA-P/WORKS 0,00 5,892.00 TOTAL CHECK 0.00 6,873.00 10100 107415 04/03/14 JOCSONRE REAGAN JOCSON 001 RECREATION REFUND 0.00 303.00 10100 107416 04/03/14 JAMESEVE NAMES EVENT PRODUCTION 1 0015350 CARNIVAL RIDES-C/RDAY 0.00 28,160.00 10100 107417 04/03/14 JOHNLHUN JOHN L HUNTER & ASSOC_ I 0015510 PROF_SVCS-PERMIT COMP 0.00 260.00 10100 107,117 04/03/14 JOHNLHUN JOHN L HUNTER & ASSOC. I 0015510 PROF.SVCS-PERMIT COMP 0.00 596.25 10100 107417 04/03/14 JOHNLHUN JOHN L HUNTER & ASSOC. I 0015510 PROF.SVCS-PERMIT COMP 0.00 3,651.25 SUNGARD PENTAMATION INC DATE: 04/09/2014 CITY OF DIAMOND BAR TIME: 08:51:45 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20140327 00:00:00.000' and '20140409 00:00:00.000' ACCOUNTING PERIOD: 10/14 FUND -- 001 - GENERAL FUND KOA CORPORATION 1135553 CASH ACCT CHECK NO ISSUE DT VENDOR NAME KOA CORPORATION FUND/DIVISION 10100 107417 04/03/14 JOHNLHUN JOHN L HUNTER. & ASSOC. I 001 10100 107417 04/03/14 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 10100 107417 04/03/14 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 10100 107417 04/03/14 JOHNLHUN JOHN L HUNTER & ASSOC. 1001 10100 107,117 04/03/14 JOHNLHUN JOHN L HUNTER & ASSOC. T 001 10100 107417 04/03/14 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 10100 107417 04/03/14 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 10100 107417 04/03/14 JOHNLHUN JOHN L HUNTER & ASSOC. 1001 10100 107417 04/03/14 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 10100 107417 04/03/14 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 10100 107417 04/03/14 JOHNLHUN JOHN L HUNTER & ASSOC, I 001 10100 107417 04/03/14 JOHNLHUN JOHN L HUNTER & ASSOC, I 001 TOTAL CHECK 10100 107418 04/03/14 KENSHARE KENS HARDWARE 0015554 10100 107419 04/03/14 KATZOKIT KOA CORPORATION 1135553 10100 107419 04/03/14 KATZOKIT KOA CORPORATION 2505510 10100 107419 04/03/14 KATZOKIT KOA CORPORATION 1135553 TOTAL CHECK 0.00 PROF_SVCS--PR13-1701 0.00 PROF,SVCS-PR12-1981 10100 107420 04/03/14 LEIGHTON LEIGHTON & ASSOCIATES, I 001 10100 107420 04/03/14 LEIGHTON LEIGHTON & ASSOCIATES, 1001 10100 107420 04/03/14 LEIGHTDN LFTGHTON & ASSOCIATES, I 001 10100 107420 04/03/14 LEIGHTON LEIGHTON & ASSOCIATES, 1 001 10100 107420 04/03/14 LEIGHTON LEIGHTON & ASSOCIATES, 1 001 10100 1.07420 04/03/14 LEIGHTON LEIGHTON & ASSOCIATES, 1 001 10100 107420 04/03/14 LEIGHTON LEIGHTON & ASSOCIATES, 1001 10100 107420 04/03/14 LEIGHTON LEIGHTON & ASSOCIATES, I 001 10100 107420 04/03/14 LEIGHTON LEIGHTON & ASSOCIATES, I 001 10100 107420 04/03/14 LEIGHTON LEIGHTON & ASSOCIATES, I 001 10100 107420 04/03/14 LEIGHTON LEIGHTON & ASSOCIATES, I 001 10100 107420 04/03/14 LEIGHTON LEIGHTON & ASSOCIATES, 1001 10100 107420 04/03/14 LEIGHTON LEIGHTON & ASSOCIATES, 1001 10100 107420 04/03/14 LEIGHTON LEIGHTDN & ASSOCIATES, I 001 10100 107420 04/03/14 LEIGHTON LEIGHTON & ASSOCIATES, I 001 TOTAL CHECK 10100 107421 04/03/14 LACFIRE LOS ANGELES COUNTY FIRE 0114010 10100 107422 04/03/14 MCECORPO MCE CORPORATION 0015554 10100 107422 04/03/14 MCECORPO MCE CORPORATION 0015554 10100 107422 04/03/14 MCECORPO MCE CORPORATION 0015558 TOTAL CHECK 10100 107423 04/03/14 MERCURYD MERCURY DISPOSAL SYSTEMS 1155515 10100 107423 04/03/14 MERCURYD MERCURY DISPOSAL SYSTEMS 1155515 10100 107423 04/03/14 MERCURYD MERCURY DISPOSAL SYSTEMS 11555I5 TOTAL CHECK 10100 107424 04/03/14 PACWESTA PACWEST AIR FILTER LLC 0014093 -----DESCRIPTION------ SALES TAX ADMIN FEES-PR12--1981 0.00 ADMIN FEES-PR13-1701 0.00 PROF.SVCS-PR12--1981 0.00 PROF.SVCS-PR13-1701 0.00 ADMIN FEES-PR13-1701 0.00 ADMIN FEES-PR12-1981 0.00 ADMIN FEES-PR13-1701 0.00 ADMIN FEES-PR12-1981 0.00 ADMIN FEES-PH12-1981 0.00 ADMIN FEES-PR13-1701 0.00 PROF_SVCS--PR13-1701 0.00 PROF,SVCS-PR12-1981 0.00 0.00 SUPPLIES -RD MAINT 0.00 TTRFFC MGMT SVCS -MAR 0.00 DS SIGNAL MASTER PLAN 0.00 GRAND AVE BEAUTIFICTN 0.00 0.00 PROF.SVCS-PR13-1701 0.00 ADMIN FEES-PR13-1701 0.00 PROF.SVCS-ENOB-624 0.00 PRDF_SVCS-PR12--2070 0,00 ADMIN FEES-ENOB--624 0.00 ADMIN FEES-PR12-2070 0.00 ADMIN FEES-PR13-1701 0.00 ADMIN FEES-PR14-1981 0.00 ADMIN FEES-PR12--2092 0.00 ADMIN FEES-PR12-2092 0.00 ADMIN FEES-ENOB-624 0.00 ADMIN FEES-PR14-1981 0.00 ADMIN FEES-PR12-2070 0.00 PROF.SVCS-PR12-2092 0.00 PROF.SVCS-PR14-1981 0.00 0.00 COMM ORG SUPPORT FUND 0.00 RIGHT OF WAY -FES 0.00 STORM DRAIN MAINT-FEB 0.00 VEGETATION CNTRL-FEB 0.00 0.00 RECYCLING FEES 0.00 RECYCLING FEES 0.00 RECYCLING FEES 0.00 0.00 SUPPLIES -CITY HALL 0.00 PAGE NUMBER: 4 ACCTPA21 AMOUNT 152.76 101.25 62.50 62.50 -11.25 -11.25 11.25 11.25 -152.76 -101.25 562.50 848.75 6,043.75 404.07 1,395.00 2,227.50 750.00 4.372.50 2,056.00 370.08 410.00 597.00 -73.80 -107.46 --370.08 -53.73 -37.08 37.08 73.80 53.73 107.46 206.00 298.50 3,567.50 450.00 1,581.72 1,325.59 9,305.14 12,212.45 712.76 748.02 646.03 2.106.81 18.48 SUNGARD PENTAMATION INC DATE: 04/09/2014 CITY OF DIAMOND BAR TIME: 08:51:45 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20140327 00:00:00.000' and '20140409 00:00:00.000' ACCOUNTING PERIOD: 10/14 FUND - 001 - GENERAL FUND AMOUNT ALARM SVCS -DBC CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 107425 04/03/14 PSI PROTECTION ONE INC 0014093 10100 107425 04/03/14 PSI PROTECTION ONE INC 0015340 TOTAL CHECK 27.58 APR 14 -LIFE INS PREM 0.00 1,090.00 10100 107426 04/03/14 RFDICKSO R E DICKSON COMPANY INC 0015554 10100 107427 04/03/14 ROSSCREA ROSS CREATIONS 0015350 10100 107428 04/03/14 SHREDIT SHRED IT LOS ANGELES 0014030 10100 107429 04/03/14 SCE SOUTHERN CALIFORNIA EDIS 1385538 10100 107430 04/03/14 STANDARD STANDARD INSURANCE OF OR 001 10100 107430 04/03/14 STANDARD STANDARD INSURANCE OF OR 001 10100 107430 04/03/14 STANDARD STANDARD INSURANCE OF OR 001 TOTAL CHECK 225.00 FOUNTAIN MAINT-MAR 0.00 160.00 10100 107431 04/03/14 STSS STATEWIDE TRAFFIC SAFETY 0015554 10100 107432 04/03/14 PENTAMAT SUNGARD PUBLIC SECTOR PE 5304070 10100 107432 04/03/14 PENTAMAT SUNGARD PUBLIC SECTOR PE 5304070 TOTAL CHECK 900.35 0.00 1,874.70 10100 107433 04/03/14 THESAUCE THE SAUCE CREATIVE SERVI 0015350 10100 107433 04/03/14 THESAUCE THE SAUCE CREATIVE SERVI 0015510 TOTAL CHECK 10100 107434 04/03/14 ADELPHIA TIME WARNER CABLE 0014010 10100 107435 04/03/14 TRANE TRANE SERVICE GROUP INC 0014093 10100 107435 04/03/14 TRANE TRANE SERVICE GROUP INC 0014093 TOTAL CHECK 10100 107436 04/03/14 TRENCHPL TRENCH PLATE RENTAL CO 0015554 10100 107437 04/03/14 TRICITIE TRI -CITIES POOL SERVICE 0015333 10100 107438 04/03/14 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 10100 107439 04/03/14 VERIZONC VERIZON CALIFORNIA 0015340 10100 107440 V 04/03/14 GRAINGER W.W. GRAINGER INC. 0015333 1.0100 107440 04/03/14 GRAINGER W.W. GRAINGER INC. 0015333 TOTAL CHECK 10100 107441 04/03/14 WAXIESAN WAXIE SANITARY SUPPLY 0015333 10100 107441 04/03/14 WAXIESAN WAXIE SANITARY SUPPLY 0014093 TOTAL CHECK 10100 107442 04/03/14 WELLDYNE WELLDYNERX 1155515 10100 107442 04/03/14 WELLDYNE WELLDYNERX 1155515 TOTAL CHECK PAGE NUMBER: 5 ACCTPA21 -----DESCRIPTION------ SALES TAX AMOUNT ALARM SVCS -DBC 0.00 25.55 ALARM SVCS-SYC CYN 0.00 41.50 0.00 67.05 ST SWEEPING -FEB 13 0.00 8,475.28 SOUND SYS-B/DAY CELEB 0.00 1,300.00 SHRED SVCS -COMM SVCS 0.00 204.96 ELECT SVCS -DIST 38 0.00 27.58 APR 14 -LIFE INS PREM 0.00 1,090.00 APR 14-STD/LTD 0.00 2,043.54 APR 14-SUPP LIFE INS 0.00 399.00 0.00 3,532.54 SUPPLIES -RD MAINT 0.00 1,855.37 TRNG-FIN SYSTEM 0.00 2,600.00 COMP EQ -SOFTWARE 0.00 10,675.00 0.00 13,275.00 BANNERS -CITY B/DAY 0.00 3,179.23 BANNERS -GRAND BTFCTN 0.00 961.93 0.00 4,141.16 MODEM SVCS -COUNCIL 0.00 63.98 MONTHLY MAINT-C/HALL 0.00 1,016.00 EQ MAINT-CITY HALL 0.00 1,280.00 0.00 2,296.00 EQ RENTAL -COMM SVCS 0.00 225.00 FOUNTAIN MAINT-MAR 0.00 160.00 1/21/14-P/R DEDUCTION 0.00 10,000.00 ALARM SVCS -HERITAGE 0.00 51.25 SUPPLIES -DSC 0.00 -496.00 SUPPLIES -DBC 0.00 496.00 0.00 0.00 SUPPLIES -DBC 0.00 974.35 SUPPLIES --CITY HALL 0.00 900.35 0.00 1,874.70 SHARPS SVCS -FEB 0.00 16.16 SHARPS SVCS. -MAR 0.00 6.16 0.00 22.32 SUNGARD PENTAMATION INC PAGE NUMBER: 6 DATE: 04/09/2014 CITY OF DIAMOND BAR ACCTPA21 TIME: 08:51:45 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck date between '20140327 00:00:00.000' and '20140409 00:00:00.000' ACCOUNTING PERIOD: 10/14 T FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION-------- SALES TAX AMOUNT 10100 107443 04/03/14 WESTCOAS WEST COAST ARBORISTS INC 0015553 TREE MAINT-MAR 14 0.00 1,497.40 10100 107444 04/03/14 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR14-951 0.00 1,825.00 10100 107444 04/03/14 WILLDANG WILLEAN GEOTECHNICAL 001 PROF.SVCS-PR13-1687 0.00 1,210.00 10100 107444 04/03/14 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR13-622 0 -OD 925.00 10100 107444 04/03/14 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEES--PR14-951 0.00 328.50 10100 107444 04/03/14 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEES-PR14--951 0.00 -328.50 10100 107444 04/03/14 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEES-PR13-1687 0.00 -217.80 10100 107444 04/03/14 WILLDANG WILLDAN GEOTECHNICAL, 001 ADMIN FEES-PR13-622 0.00 -166.50 10100 107444 04/03/14 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEES-PR13-622 0.00 166.50 10100 107444 04/03/14 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEES-PR13-1687 0.00 217.80 TOTAL CHECK 0.00 3,960.00 10100 107445 04/03/14 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL, SVCS-H/R 0.00 117.00 10100 107445 04/03/14 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -COMM SVCS 0.00 546.00 10100 107445 04/03/14 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS-P/WORKS 0.00 1,482.00 10100 107445 04/03/14 WOODRUFF WOODRUFF SPRADLTNG & SMA 0014020 LEGAL SVCS-CMGR 0.00 1,501.50 10100 107445 04/03/14 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -COMM DEV 0.00 1,521.00 10100 107445 04/03/14 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL, SVCS -COUNCIL 0.00 1,306.50 TOTAL CHECK 0.00 6,474.00 10100 107446 04/03/14 ZUBIATEM MARICELA ZUBIATE 001 RECREATION REFUND 0.00 119.00 10100 14 -PP 07 04/03/14 PAYROLL PAYROLL TRANSFER 001 P/R TRANSFER-14/PP 07 0.00 158,897.07 10100 14 -PP 07 04/03/14 PAYROLL PAYROLL TRANSFER 112 P/R TRANSFER-14/PP 07 0.00 4,048.16 10100 14 -PP 07 04/03/14 PAYROLL PAYROLL TRANSFER 113 P/R TRANSFER-14/PP 07 0.00 5,296.28 10100 14 -PP 07 04/03/14 PAYROLL PAYROLL TRANSFER 115 P/R TRANSFER-14/PP 07 0.00 9,751.48 TOTAL CHECK 0.00 178,002.99 TOTAL CASH ACCOUNT 0.00 417,374.78 TOTAL FUND 0.00 417,374.78 TOTAL REPORT 0.00 417,374.78 Agenda # 6.4 Meeting Date: Aril 15, 2014 CITY COUNCIL AGENDA REPORT 9S TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana X1 LP TITLE: Approval of FY 2014-15 City Council Goals & Objectives RECOMMENDATION: Approve. FISCAL IMPACT: None. BACKGROUND 1 DISCUSSION: Each year, concurrent with the review and adoption of the municipal budget, the City Council develops its Goals & Objectives. These items reflect the projects, challenges, and legislative matters deemed by the Council to be among the most important of the fiscal year. At the April 1, 2014 study session, the City Council reviewed the 2013-14 Goals & Objectives and directed staff to bring an updated list forward for approval. Among the items completed or now considered ongoing routine work product and no longer an active part of the Goals & Objectives are the following: + Complete EIR for Grand Bridge Widening, Bypass Roads & On/Off Ramp Reconfiguration and continue design work (Step 1 of Phase 3, 57/60 -Grand Confluence Project). • Oppose any high speed or light rail proposals that adversely impact Diamond Bar. • Complete the market study for the Honda Property and provide a report to the City Council. • Implement the Discover Diamond Bar program. Through new partnerships with local organizations (schools, non -profits, faith -based organizations, etc.), increase community awareness about City programs and services, particularly those related to emergency preparedness and environmental services. This outreach may include face-to-face interaction, dissemination of literature/educational materials and contribution of City content for inclusion in partner organizations' newsletters/websites. • Develop and implement fiscally responsible environmental/sustainability programs. Complete the implementation of the approved Housing Element update. The City Council also directed staff to include several new Goals & Objectives for 2014-15. These include: a) Secure construction funding for the Grand Bridge Widening, Bypass Roads, & On/Off Ramp Reconfiguration and continue design work (Step 2 of Phase 3, 57160 -Grand Confluence Project). b) Proactively market the Honda property to potential hotel developers. c) Consider options for the development of a fiscally responsible City -administered public aquatics program. With the direction of the Council incorporated in the attached document, staff recommends the Council adopt the FY 2014-15 Goals & Objectives. Ryan Md�an, Deputy City Manager Attachments: FY 2014-15 City Council Goals & Objectives List FY 2014-2015 City Council Goals & Objectives 1. Traffic Mitigation • In cooperation with the City's project partners, complete the 57160 Freeway Interchange corridor long-term "big fix". a) Commence construction on the Westbound SR -60 Slip Ramp (Phase 1 of 57160 -Grand Confluence Project). b) Complete design of Local Improvements at Grand/Golden Springs and DB Golf Course Frontage and prepare for construction (Step 1 of Phase 2 57160 -Grand Confluence Project). c) Secure construction funding for the Grand Bridge Widening, Bypass Roads, & On/Off Ramp Reconfiguration and continue design work (Step 2 of Phase 3, 57160 -Grand Confluence Project). d) Secure funding partners for and complete a feasibility study to determine the preferred and most cost-effective options for the completion of 57160 "big fix" (missing freeway and HOV connectors separate from the 57160 Confluence Project). + Advocate for transportation solutions that are equitable in their distribution of goods movement related traffic. a) Secure recognition of the SR -60's ongoing status as a component of the state and national freight networks in an effort to secure funding for 57160 Interchange improvements. • In cooperation with the City's project partners, complete the Lemon Avenue on and off ramp project. a) Complete right-of-way acquisitions and begin construction. + Develop a report to the City Council outlining the ongoing effectiveness of the City's ongoing traffic mitigation project programs. 2. Fiscal Responsibility/Economic Development • Create a long-term City-wide financial plan for preservation of the City's fixed assets, including infrastructure, buildings, parks, and other facilities. + Develop incentive -based Specific Plans to revitalize areas such as K -Mart and Market World. Identify specific development opportunities and develop Specific Plans to revitalize the K - Mart and Honda property areas in a way that provides the greatest net benefit to the community. a) Proactively market the Honda property to potential hotel developers. • Develop a plan to address the long-term financial sustainability of the City's Lighting and Landscape Assessment Districts (LLADs). 3. Communications • In addition to regular public meetings, provide a variety of opportunities for public interaction and participation. a) Complete an update to the City's website, enhancing governmental transparency, access to information, and ease of use for the public. 4. Other Items Preserve Windmill structure via ownership of structure and/or property. • Develop a City-wide branding plan that incorporates standard design elements with a unifying theme that reflects the image of Diamond Bar. a) Commence Grand Avenue beautification project, using the chosen design as an initial standard plan for the City's streetscapes and entry signage. • Establish a "quiet zone" on the MetroLink train line at Lemon Avenue near Walnut Elementary School • Consider options for the development of a fiscally responsible City -administered public aquatics program. CITY COUNCIL Agenda # 6.5 Meeting Date: A ril 15 2014 AGENDA REPORT TO: Honorable Mayor and Membe of the City Council VIA: James DeStefano, City Ma er TITLE: AUTHORIZE THE CITY MANAG R TO EXECUTE A CONSULTING SERVICES AGREEMENT WITH SYTECH SOLUTIONS, INC. TO PROVIDE DOCUMENT IMAGING AND MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $100,000 AND APPROPRIATE $50,000 FROM SAVINGS RELATED TO COUNTY CONSOLIDATED ELECTION SERVICES. RECOMMENDATION: Authorize. FISCAL IMPACT: The Council -approved FY 2013-14 municipal budget appropriates $50,000 expressly for the recommended services. To provide funding for the remainder of the proposed contract amount, staff recommends $50,000 be appropriated from savings resulting from lower than expected election - related professional services costs (City Manager Clerk/001-4030-42390). These costs are a result of a greater number of consolidated elections held in Los Angeles County in 2013, which lowered the City's prorated share. BACKGROUND 1 DISCUSSION: In an effort to provide effective and efficient access to customers and staff, it is appropriate to begin the record digitizing process. Once complete, vital records designated by the City's retention schedule will be permanently stored in an easily retrievable electronic format on an existing local database. Because the City maintains hundreds of thousands of documents, staff expects this effort to be completed in several phases over time. The first phase proposed under this agreement includes various tract maps and grading plans maintained by the Public Works department. SyTech has more than a decade of experience of providing quality and affordable document management services to public agencies in California, including cities, special districts and various state departments. Upon agreement approval, staff will direct SyTech to complete the following tasks: • In cooperation with City departments, develop preferred indexing structure • Collect documents for imaging • Scan records per City direction (meeting quality levels, etc.) • Upload scanned documents to the City's records database (Fortis) 0 Complete quality control review Return documents in the same order and condition as provided To accomplish these tasks, staff recommends the City Council authorize the City Manager to enter into a Consulting Services Agreement with SyTech Solutions, Inc. in an amount not to exceed $100,000. Prepared by: Ryan Lean, Deputy City Manager Attachments: 1. Consulting Services Agreement with SyTech Solutions, Inc. CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of April 15, 2014 by and between the City of Diamond Bar, a municipal corporation ("City") and SyTech Solutions, Inc., a California Corporation ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the "The SyTech Solutions Document Management Services (DMS): Records Conversion Project." dated March 28, 2014. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibits "A" and "B", which are attached hereto and incorporated herein by this reference. B. Changes to Scope of Services. Additional or alternative services or specifications, beyond those outlined in Exhibits A and B made be made by the parties; provided that such alterations or changes must be agreed upon by both parties in writing in the form of an exhibit or work order and a price therefore established. All such exhibits or work order changes will be incorporated by reference and become part of this Agreement. 2. Term of Agreement. This Contract shall take effect April 15, 2014, and shall continue until June 30, 2015 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Pricing for additional services or products not specified in the Scope of Services shall be priced in accordance with "Additional Pricing" as set forth in Exhibit "B". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed One Hundred Thousand Dollars ($100,000.00). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of the main body of this Agreement and the attached Exhibits A and B, the provisions of the main body of this Agreement shall control. 5. Addresses. City: James DeStefano, City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4178 Consultant: SyTech Solutions, Inc. 9362 Studio Court Elk Grove, CA 95758 Tel 916-381-3010 6. 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 or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the Workers' Compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the requirements in Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Consultant under this Agreement for any amount or penalty levied against the City for Consultant's failure to comply with Section 6. 7. Standard of Performance. Consultant warrants that all services and work performed shall be performed in a competent, professional and satisfactory manner in accordance with its representations in Exhibit A and shall at minimum, perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. B. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers 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 Consultant 's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad --form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence and at least $1,000,000 aggregate; and (5) Worker's Compensation insurance, if required, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability and Consultant shall provide an endorsement evidencing such additional insureds or a copy of the policy evidence such additional insureds. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A-, VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. 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 Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so 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 Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless otherwise directed by City. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 18. 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. 19. 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. 20. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "C ity" ATTEST: in CITY OF DIAMOND BAR By: Tommye Cribbins, City Clerk Carol Herrera, Mayor Approved as to form: By: City Attorney "CONSULTANT" By: Its: Exhibit "A" Project Proposal The SyTech Solutions Document Management Services (DMS): Records Conversion Project. Presented To City of Diamond Bar Ken Desforges, IS Director Debbie Gonzales, Senior Administrative Assistant March 28, 2014 Bryan Golden SyTech Solutions 9362 Studio Court Elk Grove, CA 95758 (916) 381-3010 ext. 227 Fax (916) 381-3350 bgolden@sytechsolutions.com S O L U T I O N S TABLE OF CONTENTS 1. OVERVIEW.........................................................................................................................•••••.....2 2. ABOUT SYTECH SOLUTIONS............................................................................................................3 3. PROPOSED APPROACH...................................................................................................................3 4. PRICING.......................................................................................................................................5 S. CONCLUSION................................................................................................................................6 5. REFERENCES.................................................................................................................................6 S O L U T I O N S 1. OVERVIEW This document formally describes the proposed approach by SyTech Solutions (SyTech) to implement a pilot records conversion project for the City of Diamond Bar (Diamond Bar). SyTech envisions this project to take place over several years, developing a lasting partnership. This project is designed to start with the Public works / Engineering Department and branch out to additional departments each year. After our initial discussions, we believe that there are several important factors that qualify SyTech as the right vendor for the City of Diamond Bar project: 1. We have completed numerous conversion projects for building and planning agencies, and we understand the complexity of electronically organizing large format drawings with standard size paper. Because this type of project involves two separate processes (scanning with standard and oversize hardware), the possibility for electronic misfiling greatly increases with an inexperienced vendor. our process for handling these records is based on combining the right software and hardware technology with years of experience. 2. SyTech has helped numerous municipal organizations create effective and efficient access to their vital records. We are familiar with multiple departmental record types and the proper taxonomy for retrieval. We will work closely with city staff to discuss their documents in detail. We will index the records according to their specifications to ensure accurate future retrieval. 3. We understand Fortis Document Management technology and have gone through their technical training. SyTech has worked with CalEPA and converted over half a million images and imported into Fortis software. We will work with Diamond Bar staff to make sure that all images are imported correctly. 4. SyTech holds a California Multiple Award Schedule (CMAS #3-11-36-0085A). They allow public agencies to place orders directly with us because the MSA was only awarded after going through a competitive bidding process. In addition, these contracts independently attest to SyTech's competency and competitive low prices. 5. SyTech possesses a unique skill set that allows us to address the City of Diamond Bar's particular needs. Equally important, we work well with people and believe that building good relationships with the staff allows for better communication and progressive results. Our number one goal is to build a business partnership with the city that helps attain a successful project completion. S*M -- `..� 50LUTIANS 2. ABOUT SYTECH SOLUTIONS SyTech Solutions, Inc. was founded as a California C Corporation in 2000. SyTech has quickly become a leading document management solutions provider. Located in Sacramento, SyTech has built a solid reputation for outstanding quality and superior customer service. We have been a leader in providing document management services for over 100 public agencies across California. We have built solid partnerships with our clients, and continue to be their source of document management expertise. Listed below are some of SyTech's partners: • California Environmental Protection Agency • San Mateo Bureau of Environmental Health • San Francisco Bureau of Environmental Health • Water Resources Control Board • City of Sonoma + City of Santa Rosa • City of Roseville • Barstow Fire District • Yuba City • Victorville Water District • Golden Hills Community Services District 3. PROPOSED APPROACH Project Setup SyTech will meet with City of Diamond Bar staff to define the data structure and special processing requirements for the City's records. SyTech's project manager will then work with the city to schedule the pickup and delivery schedule and any special handling requirements. The diagram below shows our basic 3 step process that will be deployed at Diamond Bar. The process will be repeated for each document type in each department. An over-riding Exception Process takes place at each step to resolve issues as they are identified. 1. Project Setup — Meet with Department staff to define data structure and any special requirements. 2. Conversion —Scan the records using our Kofax Capture process. 3. Release — Images will be release for import into Fortis software. i Lanverstnn.,,a i Exception Process 3 ' S 0 4 U 7 1 0 N 5 For the initial conversion project, SyTech will prepare to scan between 135 to 150 banker -sized boxes of Building documents. We will work closely with City staff to establish the document setup. Specific indexing requirements and any special instructions will be discussed in detail. In most cases, we recommend replicating the City's current manual filing structure. This process should not require a lot of staff time, and there will be only infrequent interaction after setup. Conversion Process KOFAX Aw, ASCENT' Captu re, SyTech uses Kofax Ascent Capture, the industry's leading production -level software. Our conversion process has been streamlined to produce the most effective and efficient results. Following is a diagram of SyTech's proven Kofax scanning process: DOCUMENT PREPARATION Define hatch classes and data t€e[ds Prepare pages Sort batches - Quality Control SCAN inters batch totals and page counts Edit/reorder batches iiescan Quality Control RECOGNITION Form ID OCR & ICR OMR Barcode recognition Deskew, deshade, despeckle, etc. Line removal INDEXING & RELEASE. VERIFICATION Commit images to optical Key from image .. storage Double -key entry Store data in database or - back -end business Custom validation scripts application Batch total reconciliation Integrate with worktlow or document manager Quality Control Fina[ Quality Control Preparation Scan Station Recognition Server Indexing &/ Validation Deliverable '�'�-i71�a1iL�Co�v�I andJSt�sapntr� � i�-�--� Document Preparation All staples and paper clips are removed and automated barcode sheets are inserted in preparation for scanning. M *-\ � I I 01 5 O L -'T 1 O N S Scan Kofax software tracks each batch (box of documents) through the entire conversion process, from scan to release. During this step of the process, batch totals and page counts are determined. Batches are edited and reordered as necessary and any problems that require rescanning takes place. Recognition Kofax automatically detects and deletes blank sides of paper, despeckles, deskews, and rotates images. Additionally, Kofax VirtualReScan (VRS) technology provides an additional level of quality control. It acts as an intelligent monitoring agent and �� automatically checks image quality as records are scanned. Poor images are enhanced using dithering and other technology; lighter images are enhanced so they are easier to Virtualiseseaw read. Indexing and Verification Once the documents are scanned, the indexing is manually populated from the image. The index fields are specific to each document type and identified during the project setup phase. Double key verification is available for any or all fields to ensure greater accuracy. Each batch is then checked to ensure it has gone through the scanning and indexing process during reconciliation. Release Captured images are release into industry standard Group IV TIFF or PDF format. These files will be available for import into Fortis software for search and retrieval. Once the entire process is complete, we can move on to additional document types and departments. 4. PRICING The estimated cost for the one year pilot project is $44,250. This cost includes all of the hardware, software, and personnel components, as well as the scanning of 135-150 boxes of records (a service breakdown is provided as an attachment to this proposal). After the pilot is completed, the City will have the option to expand the project to additional departments. Project Scenario: (Actual Project will vary due to size and type of documents available during the pilot period) Quanti Units Service or Product Unit Price Ext. Price 500 Hours Document Preparation & Restoration (CMAS $21.85) $15.00 $7,500.00 350,000 Images Document Scanning (CMAS $0.085) $0.055 $19,250.00 15,000 Ima es Large Format Document Scanning (CMAS $1.85) $1.33 $19,950.00 135,000 Keystrokes Indexing (CMAS $0.01) $0.005 $675.00 375,000 Images Database Merge (CMAS $0.01) $0.005 $1,875.00 Total I $49,250.00 5 _ ''..m . S O L U T 1 0 N S As previously mentioned, SyTech has a C -MAS contract with the State of California. It offers the confidence that Diamond Bar is receiving a competitively awarded price and pre -qualified experienced. The CMAS is a very useful purchasing tools that allow government agencies to easily contract with SyTech, streamlining the typical state government contracting process. 5. CONCLUSION in conclusion, SyTech has the technology and experience to successfully complete this pilot project for the City of Diamond Bar. • We have worked with numerous building and planning agencies and are familiar with the document types. • Our experience working with combined standard and large format drawings conversion makes us uniquely qualified to complete the project. • Our approach allows the City to spread their costs over multiple years, and requires little staff time for project management. • We have experience working with Fortis software and understand the import process. Finally, and perhaps most important, SyTech is committed to building a long-term partnership with the City of Diamond Bar— one that ties SyTech to your success. 6. REFERENCES City of Roseville Kim Ambuehl Building Administrator 311 Vernon Street Roseville CA 95678 (916) 774-5332 California Air Resources Board Michael J. Guzzetta Supervisor Stationary Source Division 10011 Street PO Box 2815 ro Sacramento CA 95812 (916) 322-6025 City of Delano Phylis Kraft City Clerk 1015 Eleventh Ave Delano, CA 93216 (661) 721-3301 ext. 228 SOLUTI 0N5 City of Barstow Yountville CA 94599 Lorraine Barnes (707) 944-8851 Professional Assistant 1 220 East Mountain View St Barstow CA 92311 (760) 256-2254 ext. 22 Town of Yountviile Steven Rogers Office Administrator 6550 Yount Street Exhibit "6" SyTech Solutions, Inc. 9362 Studio Court Elk Grove, CA 95758 (916) 381.3010 (916) 381.3350 (fax) www.sytechsolutions.com Price List: (3/28/2014) City of Diamond Bar specific Prices: Units Service or Product Unit Price Hours Document Preparation & Restoration (CMAS $21.85) $15.00 Images Document Scanning (CMAS $0.085) $0.055 Images Large Format Document Scanning (CMAS $1.85) $1.33 Keystrokes Indexing (CMAS $0.01) $0.005 Images Database Merge (CMAS $0.01) $0.005 Image Image Enhancement 400 DPI Option -- Standard Rate Plus 35% SR + 25% Image image Enhancement 600 DPI Option -- Standard Rate Plus 50% SR + 40% Image Image Enhance Greyscale Scanning -- Standard Rate Plus 50% SR + 40% Image Image Enhancement Color Scanning -- Standard Rate Plus 100% SR + 90% Images OCR to Searchable PDF CMAS $0.034 $0.01 Box Box Storage after 60 days (CMAS $1.00/month/box) $0.60 Box Secured Shredding (CMAS $8.00/standard bankers' box) $6.00 Images Flatbed Scanning, regular size paper (CMAS $0.58) $0.50 Boxes Standard sized bankers' boxes $2.50 Image Shipping costs -- will be charged at cost. Courier Mileage Round Trip (CMAS $0.50 x 375 Miles x 2 — Round Trip) $375.00 Additional Pricing: (For Items not specifically listed above) The City of Diamond Bar pricing will be 15% below the current competitively awarded CMAS or GSA Published pricing, whichever is lower, for all applicable services and product. (Current - GSA Contract number: GS -031=-0097X, thru 3/31/2015; Current -CMAS Contract number: 3-11-36-0085A through June 30, 2016.) The prices do not include any applicable sales tax, if any, which will be added during invoicing. 1 I SyTech Solutions, Inc. - Exhibit "B" Scanning, Delivary and Support Specifications: 1.0 SCANNING SPECIFICATIONS 1.0.1 All scanning and indexing to be done in compliance with all applicable California State laws, and ANSI and AIIM standards (which are incorporated into law by reference.) 1.0.2 Black and White or Color documents scanned at 300 dpi or above (as directed), PDF file format, named and indexed according to document naming conventions, as provided in writing by the City. 1.0.3 VRS or like technology to be used on all images to improve the quality of the scan. 1.0.4 Hard -to -read images (e.g. blue mimeograph ink, dot matrix printers, etc.) will be re- scanned by the vendor at no charge so that the document is as usable as the original. 1.0.5 Any damage to documents, or other anomalies or difficulties, to be promptly reported to the City. 1.0.6 Any requests made by the City for images will be provided via e-mail of the scanned image within one business day. 1.0.7 All scanning, indexing, and quality checking must be performed in the State of California (no off -shore or out-of-state services.) 1.1 DELIVERY SPECIFICATIONS 1.1.1 Images will be BOTH installed on the City "Fortis" Database and delivered on DVD -r format, with written instructions on how to place the documents in the Fortis system, as a backup. Vendor will provide telephone and on-line support as needed without charge to the City to ensure successful imports and OCRing of text- based documents. (Large format drawing will not need to be OCR'd, except for Key Blocks — which the City will identify in its written instructions; all other documents with typed information will need to be OCR'd.) 1.1.2 The original paper documents are returned to the City in the same order, in the same condition as received, and in the same box or drawer as they were sent in. 1.1.3 Documents are re -stapled or placed in binder clips in the same order and in the same file folders or binders. Comb -bound documents are to have the comb -binding removed, and returned with a binder clip. 1.1.4 Guaranteed maximum turnaround time of 30 calendar days from the date of notification of pickup. 2 1 SyTech Solutions, Inc. - Exhibit "B" 1.2 SUPPORT 1.2.1 Vendor will provide unlimited telephone and remote support. 1.2.2 The vendor will always seek permission from both the Information Technology department and the City Clerk prior to accessing the system. 3 1 SyTech Solutions, Inc. - Exhibit "B" SOLUTIONS 04/09/2014 Tommye Cribbins, City Clerk City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4178 909-839-7010 Re: SyTech Consulting Services Agreement Tommye, Greetings. I hope that you are doing well. Per your request, enclosed are two executed copies of the Consulting Services Agreement for your review and execution. Thank you, and as always, please do not hesitate to contact me if you have any questions or need any additional information. Thanks! Jonathan Pritt SyTech Solutions, Inc. 9362 Studio Court Elk Grove, CA 95758 (916) 381-3010 ext. 226 (916) 381-3350 fax jpritt@svtechsolutions.com www.sytechsolutions.com CITY COUNCIL Agenda6.6 Meeting Date .-April 15, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City M n ' r TITLE: APPROVE CONTRACT AM NDMENT NO. 1 WITH ADVANTEC CONSULTING ENGINEERS FOR (a) ON-CALL TRAFFIC ENGINEERING CONSULTING SERVICES IN THE AMOUNT OF $16,900, AND (b) THE MEDIAN MODIFICATION PROJECT AT DIAMOND BAR BOULEVARD AND KIOWA CREST DRIVE IN THE AMOUNT OF $9,080 PLUS A CONTINGENCY AMOUNT OF $1,000, FOR .A TOTAL AUTHORIZATION AMOUNT OF $26,980. RECOMMENDATION: Approve, FINANCIAL IMPACT: The current FY 2013-2014 Public Works Operating Budget includes an authorization of $40,000 for on-call traffic engineering services. A purchase order was issued to Advantec Consulting Engineers (Advantec) as part of their on-call services contract in the amount of $14,400 at the beginning of the fiscal year. The original PO has been depleted and additional funds are required for on-going traffic engineering service requests that Advantec is working on with the City. The current Public Works Operating Budget has $16,500 that can be used for the Advantec contract amendment for on-call traffic engineering services anticipated for the remainder of the fiscal year. In addition to on-call traffic engineering services, Advantec was also chosen to perform design services for this year's Median Modification Project at Diamond Bar Blvd. and Kiowa Crest. The current FY2013-2014 Capital Improvement Program (CIP) Budget has $50,000 in Prop C funds allocated for the project. Staff is requesting Council to approve $9,080 plus a contingency amount of $1,000 from the CIP Budget for design services of the Diamond Bar Blvd.IKiowa Crest Median Modification. If approved, a total contract amendment in the amount of $26,980 will be authorized to Advantec for the remainder of FY2013-2014. BACKGROU N DIDISCUSSION: (a) On -Call Traffic Engineering Services Advantec has been providing as -needed traffic engineering support to the City since 2002. The current on-call service contract was approved by Council on October 18, 2011. Their current services include traffic signal design, signal timing, traffic control plan checking, traffic signal warrant analysis and other optional tasks. Upon approval of the Contract Amendment No. 1 for on-call traffic engineering services, staff will continue to use the services of Advantec Consulting Engineers in Fiscal Year 2013-2014. (b) Median Modification Proiect at Diamond Bar Boulevard and Kiowa Crest Drive The contract amendment will also include design services for the median modification project at Diamond Bar Boulevard and Kiowa Crest Drive programmed in this Fiscal Year 2013-2014 CIP budget. In an effort to improve the sight distance for motorists in the northbound left -turn pocket along Diamond Bar Boulevard, the existing northbound median nose will be modified. The project will include the reconstruction of the existing median by tapering the existing width from 4 feet to 2 feet. Work will also include the necessary signing and striping. The result will extend sight distance, allowing motorists to more accurately judge oncoming traffic speed before initiating a left -turn maneuver. Two (2) proposals were received for design services for the Diamond Bar Boulevard and Kiowa Crest Drive Median Modification Project. The table below lists the firm's proposed fees for professional services: Consultant Professional Engineering Services KOA Corporation $8,750.00 Advantec Incorporated $9,080.00 Staff concurred that the best qualified firm for this project is Advantec. Advantec submitted a thorough proposal which detailed their methodology and approach. The project size and scope will include a field topographic survey along with the development of Plans, Specifications, and Engineer's Cost Estimate_ The project schedule is tentatively set as follows: Award of Contract April 2014 Completed Design May 2014 Award of Construction Contract June 2014 Completion of Construction July 2014 2 Christian Malpica, Associate Engineer Date Prepared: April 9, 2014 David G. Lit, Director of Public Works Attachment: Amendment No. 1 to the Consulting Services Agreement AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 1 is made and entered into this 15th day of April 2014, between the CITY OF DIAMOND DAR, a Municipal Corporation (hereinafter referred to as "CITY") and Advantec Consulting Engineers, Inc. (hereinafter referred to as 'CONSULTANT"). A. RECITALS: (1) The CITY has heretofore entered into an Agreement, with CONSULTANT to provide as needed On -Call Traffic Engineering Services, which the Agreement was dated October 18, 2011. (ii.) The CONSULTANT submitted a proposal for as needed on-call services dated August 31, 2011 (original scope) and a proposal for the median modification design at Diamond Bar Boulevard and Kiowa Crest Drive dated September 16, 2013, a full, true and correct copy of which is attached hereto as Exhibit "A" and Exhibit "B" to provide related engineering services. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 1. A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", for the services related to on call traffic engineering services and Exhibit "B", for the median modification design at Diamond Bar Boulevard. and Kiowa Crest Drive. Section 2: Section 3 of the Agreement is hereby amended to read as I1t71l,'eM. Compensation. "City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A" and Exhibit "B". Payment will be made only after submission of proper invoices in the form specified by City. Section 3: Each party to this Amendment No. 1 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties_ IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: Advantec Consulting Engineers David De Berry City Attorney ATTEST: CITY OF DIAMOND BAR Tommye Cribbins, City Clerk DATE: Leo Lee, PE CEO/President James DeStefano, City Manager 2 EXHIBIT "A" DVANTEC Consulting Engineers August 31, 2011 City of Diamond Bar Department of Public Works 21825 Copley Drive Diamond Bar, California 91765-4177 ATTN: Mr. Rick Yee, P.E. Subject: Proposal for the City of Diamond Bar - Professional Traffic and Transportation Engineering Services Dear Mr. Yee, ADVANTEC Consulting Engineers (ADVANTEC) is pleased to submit the accompanying proposal in response to the Request for Proposal for as -needed Professional Traffic Engineering Services the Professional Traffic and Transportation Engineering Services issued by the City of Diamond Bar. This proposal is prepared in accordance with the RFP requirements. ADVANTEC. is a civil engineering consulting firm that specializes in traffic signal synchronization, traffic engineering design, transportation planning, and Intelligent Transportation Systems (ITS). Our commitment to providing our clients with quality services has earned us a reputation for excellence in southern California. ADVANTEC has been providing professional engineering services to the City of Diamond Bar for the past 8 years, since 2003. It is our goal to assist the City of Diamond ear by delivering safer, faster, a.nd more efficient transportation solutions. The key'strengths of the ADVANTEC team are: 1. Extensive experience and history working with the City of Diamond Bar on projects relating to ail aspects of Traffic and Transportation Engineering; 2. ADVANTEC has a 100% track record of completing projects on-time and within -budget. This track record applies towards over 400 projects for over 400 clients in the past 13 years; 3. A highly experienced Project Manager with a demonstrable track record for responsiveness and within budget performance. 4. A clear understanding of the tasks involved in this project and the capability to achieve perceptible improvements to the local environment on all our projects; 5. We have professional engineers with over 100 years of combined traffic engineering and transportation planning experience, in Southern California available to City's staff. 6. Our office location Is a 5 minute walk from the City of Diamond Bar City Hall. 21100 Copley Drive • Suite 350 • Diamon'd Har ;•. CA 91765 Tel: (909) 860-6222 • Fax: (909) 860-6722 • www.advantee-usa.com ADVANTEC Consulting Engineers As President of the company, I am fully authorized to make representations on behalf of ADVANTEC and certify that the information contained in this proposal is truthful, accurate, and complete at the time of submission of this proposal. I can be reached at the address, telephone/fax numbers in this letterhead, and the following email address: LeoLeeRadvantec-usa.com We are very excited about this opportunity to assist the City and looking forward to continuing a mutually rewarding working relationship with the City of Diamond ear. In closing, we thank you for the opportunity to offer our proposal for this effort to further enhance the quality of life in the City. Sincerely, ADVANTEC Consulting Engineers, Inc. Leo Lee, P.E. President � EO 21700 Copley Drive a Suite 350 e Diatinond Bar • CA 91765 Tel: (909) 860-6222 • Fax: (909) 860-6722 • www.advaatec-usa.com DIAMOND SAjt PROFESSIONAL TRAFFIC AND TRANSPORTATION SERVICES 2.3 'Staff Availability Table7.3 below illustrates relevant key staff availability for this project and their relevant experience. Table 2.3 — Staff Availability and Relevant Experience Key Staff Project Availability Years Current and Expected Assignments Ra le Exp. - Leo K. Lee Project 20% -32 0 Caltrans District S On -Calf TE Services PE Director o SANBAG: Tier 3 & 4 Synch ronization Ed Mi€ler Project 50% 28 o John Wayne XrportOn-CaitTEServices PE, TE Manager 0 Metro.WestsideSubway Wens€on Bllly Shum Team Leader 70% 8 o Anaheim Convention Way PE, TE, PTOE (Traosp. 0 Covina Pedestrian & Bicycle Planning Study . - Pianning) - . Jose Guedes Team Leader 50% 20 0 SANBAG: Tier 3 & 4 Synchronization TE (Signal op) 0, OCTA: Yorba Linda TLSP Ariel Naftall Team Leader 7D% 1l a Anaheim Convention Way PE, TE {Design} o Metro Westside 5ubway Extension " Tracy Morlya Team Leader 50% 20 o Metro Westside Suhway Fxtenslon (Plan Check) o SANBAG: Tier 3 & 4 Synchronizatlon 2.4 dourly Rates A quotation of ADVANTEC's hourly rate proposal is provided in a separate sealed envelope as requested by .the City and is 'applicable to all staff proposed to work on City projects by classification, as requested in the RFP. In addition, overtime hours are also provided applicable for technical services. Included at the bottom of this list are other direct costs for any additional billing req uire merits..These rates shall remain firm for a minimum of three (3) years from contract commencement date. 3. APPROACH & METHODOLOGY ADVANTEC has consistently worked with the City of Diamond Bar for the past 8 years on projects involving on-call traffic engineering services. Our headquarters office Is a 5 minute walk from the City of.Diamend Bar City Hall. We are very familiar with the requirements of this on-call contract and design standards. ADVANTEC team has extensive experience in performing similar projects, and we have worked as an extension of City's staff throughout years to provide qualibed, responsive services to meet the needs of Diamond Bar. And. we will continue to assist the City with comprehensive services for all aspects of the project from data collection, design development and evaluation. We will ensure thatthe results are congruent with the City of Diamond Bar's objectives. 3.1. Traffic Signal Operation Tasks described in this section are examples of the tasks that are often performed for traffic signal operation services. Actual task activities would be tailored to the specific needs of the City of. Diamond Bar and to the requirements of the particular project. 14DIr�4IlITEC 6 l Page ConstrJrrn�Engirieers DIA90ND $A PROFESSFONAL TRAFFIC AND TRANSPORTATION SERVICES 9.1.1 On -Call Timing SupporC Ld ADVANTEC has provided on-call signal timing support for the City of Diamond Bar for the.past 3 years. Services provided include, responding to citizen's request to check and optimize signal timing parameters, addressing changes in traffic patterns and altering the signal timing para meters. accordingly. If it is a request from the City, ADVANTEC will go to the field and check the signal timing operations within a day, and finetune the signal operations as needed. Any changes to the timing will be updated on the timing sheets. Latest copies of the timing sheets. are always available in the controller cabinets and in our office. Also, timing monitoring activity log sheets are also always kept updated in our office and be made available to.the.City upon request. 3.,1.2 Traffic Signal Coordination Study ADVANTEC developed optimized timing for all 72 signalized intersections within' the City. of Diamond Bar. Our signal timing expertise covers all aspects of evaluation, optimization, and implementation of efficient and effective signal timings: e Collect turning movement counfs for AM, PM and mid-day peak periods; - • Develop Synchro network; i Create peak -within -the -peak special timing plans; e Evaluate optimum signal timings; o Prepare timing sheets in TACO -1R, LAC04 and Caltrans C8.. o .Implement signal timing plans in all 170 controllers in the field; o Finetune signal timing plans in the field by observing operations; • Monitoring of signal timings; 'Perform before and after studies. e Presentations at City Council meetings. 3.1.3 Traffic Management System (TMS) Assistance In 2007, ADVANTEC assisted the City in procuring the TranSuite. traffic signal system. The system is currently fully functional and ADVANTEC is managing the signal .system via the City's VPN F; network, to monitor all the traffic signal timings, ADVANTEC is - _ - also developing responsive signal timings, using system detectors _ In the field. If requested by City, ADVANTEC will assist the City to ` manage the implementation of the DBTMS. We will attend meetings with the vendor to monitor progress, assist the City to answer any queries from the vendor, and to attend tests on-site to ensure that all the required functionalities are met. ADVANTEC was the traffic engineering advisor for the Traffic Management System project, including preparation of the RFP, participation in the consultant proposal evaluation, and interview panel. ADVAArT-EC 71 Page '.,�. CansvlringEngrneers DIAMOND BAR - ..... PROFESSIONAL TRAFFIC AND TRANSPORTATION SERVICES 3.2 Traffic Engineering Design Tasks described .in this section are examples of the tasks that are often.performed for. traffic engineering design' services. Actual task activities would be tailored to the specific needs of the City of Diamond.Bar and to the requirements of the particular project. 3.2.1 'traffic Signal Improvement & Interconnect" Plan Traffic Signal lmprovement: Through our previous on-call contract, ADVANTEC has developed improvements for improving the operations'.of existing intersections, such as.design of a new traffic signal, or upgrade of an existing signalized intersection. We will prepare P5&E that addresses the areas of deficiencies "of each intersection. Improvements may include, but are not limited to: Evaluate signal warrants for adding new signals; m Design of new traffic signal installation; ® Addition of protected left-turn phasing at existing signalized intersection; • Upgrades such as upgrading controllers, poles, vehicle and pedestrian .heads; street name signs, safety lights, adding detectors, adding pedestrian push buttons, etc; e . TSM measures such as minor geometric improvements; channelization, adding left-turn packets, prohibiting parking, adding right-turn pockets, relocating bus=stops, etc;- o .Design of interconnect for trafficsignal and/or CCN. Traffic Signal Interconnect: ADVANTEC .will develop signal interconnect plans for the City. We will meet with City staff to understand the project limits, type of interconnect desired (e.g., copper pairs, fiber optic, RF," telephone, etc.), purpose of the interconnect, the applicability and availability of City standard plans and other relevant facts.We then perform preparation tasks including: afield survey and research. Whileinthe field we take measurements of key infrastructure items. We meet with relevant utility representatives and coordinate any possible utility conflicts with them, Our plans will be 1"= 40' scale using AutoCAD to show proposed design of conduit. Plans will incorporate appropriates notes such as: wire or fiber types and sizes, conduit sizes and angles, pull boxes, traffic signal controller locations, and other pertinent information. 3.2.2 Signing and Striping Plan ADVANTEC will develop signing and striping plans for pavement rehabilitation, or other projects for City of Diamond F_.. _ Bar. The signing and striping plans will show the location of all } , � x proposed traffic stripes and markings and the proper I F. disposition of all affected existing signs and markings. Any . f work required to transition the proposed stripes to join with existing stripes on intersection ..approaches will also be . _ provided. Existing roadways within a project. limit will be fully inspected in the field with respect to needs for preparing traffic plans, Physical street improvements, existing traffic sigrialization, underground or overhead utilities and obstructions, existing signing and striping, and other relevant items would be located in the field with precision to be shown accurately on the plans. I. ADVANTWC $ � Paga �', � ConsrsJringEna�ineexs DIAMOND 13AR rROP'CSSIONAL TRAFFIC AND TRANSPORTATION SERVICES 3.2.3 'Traffic Control Plan ADVANTEC will assist the City of Diamond Bar in developing traffic control plans for a project. We will.assemble base plan information from appropriate records and sources, including City plans. All information obtained would he verified in the field for accuracy and completeness. We would also confer with the City regarding the desired approach to the proposed construction project and .follow-up with the Cltyto discuss any traffic handling issues, Plans are prepared at 1"=40' scale for the project location. Each plan will be 24"x36" and will . normally show a minimum of 2000 feet of roadway with relevant medians, striping, and work area.. These base drawings may be used more than, once, based upon the number of construction phases: The plans would be prepared to conform to the general requirements of the ' City, with consideration for the needs of the Contractors' construction operations. The. completed plans would be signed a registered traffic engineer of our staff. Copies would be bluelined and transmitted by ADVANTEC to the City for checking. Any revisions received by the City would be fully addressed and incorporated properly into the plans, until they are ready for final approval by the City. Final plans will be provided in the format normally required by the City. 3.2.4 Neighborhood Traffic Management Project (NTMP) ADVANTEC will develop traffic calming feasibility studies for various traffic calming measures, and standards for the City.The objective is to investigate the proposed traffic calming 4S sM1 , devices and to identify common thresholds (such as: volumes, _--r speed, collision) .that will impact safety assessment for motorists, pedestrians and residents. r• rn' In the past, ADVANTEC have conducted numerous NTMP projects throughout the City of Diamond Bar with deployment of different traffic Calming measures. We have conducted Art: t m c}ru° um sy a8umn careful site investigations and reviews (such as. survey, state code and literature review) prior to conceptual plans. Once conceptual plans were approved, we have developed design plans, bid items; cost estimates and technical specifications documents. Table 3.2 shows some of the traffic calming deployments conducted by ADVANTEC for the City of Diamond Bar. Table 3.2 Traffic Calming Types -Diamond Bar NTMP Deployment Traffic Calming Types Locations Functions Texas Dots ✓ Pathfinder- between SR -57 ramps To prohibit left turn traffic ✓ Maple Hill - between Birds Eye to. movements Indian Well ✓ Decorah Road Speed Cushions ✓ Willow Creek, Maple Hill, To encourage speed reduction L coming, Cleghorn Traffic Circles ✓ Rancheria at Casa Loma To direct travel direction and ✓ Rancheria at Jubilee speed reduction Roadway Narrowing ✓ Ciiffbranch at Bella Pine To provide on -street parking zone and better channalizing ADTjAtV3EC Consulting �'ngineers 9 1 Page DIAMOND BAR PROFESSIONAE TRAFFIC AND TRANSPORTATION SERV ICES 9.2.5 Roadway Improvement ADVANTEC will develop conceptual design for preliminary review and final plans upon approval. in' the past, ADVANTEC was retained by the City of.Diamond Bar to identify project issue, develop plans, specifications and cost estimates on numerous projects. As an example, ADVANTEC has developed plans on raised median modifications along. Diamond .Bar Boulevard, a major arterial parallel to the SR-57 freeway. Modification was intended to improve line-of-sight for left-turning vehicles therefore enhancing safety, some of the modification features included: Line of sight and safety improvements a Landscape modifications e Signing and Striping modification and/or relocation Drainage and cross-section 3.3 Transportation Planning Study ADVANTEC can perform traffic impact studies as requested by the City, and/or review traffic impact studies submitted by developers for City's review. Typically, the types of traffic impact studies that ADVANTEC can prepare and/or review include: „ m Traffic impact studies of various types of developments, e.g. residential, commercial, etc.; e Parking studies for developments, shopping malls, residential neighborhood, school zones, etc.; a Circulation studies; o Speed survey studies; a Warrant Studies; traffic signal, stop sign and left-turns, etc; Level of Service analysis; m Traffic safety studies; o Traffic operational analysis of driveways, intersections, streets, etc.; 4 - .Studies for prohibition of turning movements at driveways, intersections, etc.; e Residential neighborhood speed and safety treatment studies; a Operational studies of arterial traffic signal operations; 6 Studies that address traffic issues raised by residents. ADVANTEC will obtain relevant information from the City, collect additional traffic counts or site data if necessary, and analyze the issues based on proven traffic engineering principles and manuals, such as Highway Capacity Manual, Los Angeles County Traffic Impact Analysis Report Guidelines, and MTA Congestion Management Program.ADVANTEC will summarize the findings and recommendations in a succinct report, and assist the City staff to make presentations at Traffic and Transportation Commission, or City Council meetings. 3.4 Traffic Engineering Design Plan, Check & Review ADVANTEC has been providing professional engineering reviews for municipalities on countless traffic control pians that were furnished by utility contractors, developers and other engineering firms. Construction work involved various street and utility rehabilitation projects, storm drain upgrades, as well as new utility installations along collector, major and arterial streets. Therefore we are very familiar with the design standards and requirements of City of Diamond, Bar. The ADVANTEC tp l Page. Consukia Engineers DIAMONA'BAR q PROFESSIONAL TRAFFIC AND TRANSPORTATION SERVICES expected turn -around time for a 10 -page plan checks is one week. Examples of plan.checking services that ADVANTEC will perform..include: m .Geometric design plans for streets. and. highways; Drainage and pavement design plans for street and highways; n Access and circulation plans for.developments; o Freeway ramp improvement plans, and associated street modification plans;` o Signing and striping modification plans; Traffic signal plans; a Street lighting plans; e Traffic control plans; a Parking layout plans for developments, school zones, etc.; Other traffic and transportation related plans. In addition, ADVANTEC has been using quality:assumnce checklists when conducting traffic design plan check services, asshown in Appendix B. 3.5 Construction Management ADVANTEC has assisted the City of :Diamond Baron various i transportation improvement projects throughout the years. We are very familiar with the standard procedures, requirements; and needs of the ° = City. ' We will track and inspect work perform by Contractors, and to ensure all construction work is in compliance with Caltrans, Greenbook, WATCH and the City standards. Examples of construction support services that ADVANTEC performed forthe City included: s System upgrades -.traffic signal vehicle heads,.controllers, video detection, battery back-up, etc; • Roadway improvement: striping, median modification. .3.6 Capital lrrlprovement project (CiP) ADVANTEC has extensive experience assisting municipalities in preparing Capital Improvement Projects (CIP) budget funding. ADVANTEC has assisted City of Ingiewood and Culver City in coordination of Metro Call for Projects grant applications and processing funding documentations with Caltrans and Metro. 3.7 City Council & Commission Meetings ADVANTEC will assist City staff in 'attending and making presentations in meetings for the City Council, Planning Commission, and Traffic and Safety Advisory Committee. In the past, ADVANTEC has presented "Traffic Signals in Our City" in a Diamond Bar City Council Study Session. ADVANTEC 111. Page Consaltrng.Enggi neers DIAMOND $Aft PROFESSIONAL; TRAFFIC AND TRANSPORTATION SERVICES ' 3.8 General Public Coordination ADVANTEC will act as a liaison between the City, other agencies and the community by attending public presentations. We have extensive experience presenting traffic engineering projects and related topics to the City, communities and different stakeholders. As an on call engineering consultant, it is our responsibility to provide timely response to public inquiries with detailed record keeping of contacts and queries; ADVANTECwill develop a conversation log systein to.keep track of each individual or conference phone call, startingfrom beginning to completion of the project. 3.9 Project Management for On-time Delivery ADVANTEC takes a lot of'pride in maintaining a 10061. on-time and within -budget performance on all our projects. Our success in managing projects to minimize delays and to address unforeseen problems hes in: > Careful planning — At the beginning of, the project, our Project Manager will' develop a detailed critical path schedule that breaks the project down into detail tasks and subtasks. The inter-relationships of the tasks and sub-tasks are identified. Any tasks or sub-tasks that may have inherent uncertainties, such as dependencies on other parties' actions, will be given adequate "float' time in the schedule: a Clear communication -Our Project Managerwill communicate with the City, other affected agencies, our project staff, sub-consultants; and any other outside parties early on in the project to ensure that each person understands his/her role in the project, and the timeframe in which actions and/or products are required from each one. This will ensure . that each party understands the interdependencies of his/her own actions (or. non-action) on other, tasks, and its impact on the overall project. Y Constant monitoring — Every week, our Project Manager will monitor the project progress against the critical path schedule, and identify any tasks that maybe behind schedule. Every effort will be made to catch up on the belated tasks. If the delay is caused by . . unforeseen circumstances, any such delays will be evaluated to determine if the lost time. can be caught up subsequently. Y Rigorous coordination — Through rigorous coordination with all the learn members, sub- consujtants,.external parties, our Project Manager will ensure that the impact of any delays can be minimized, and through teamwork, every effort will be made to catch up. o Innovative solutions — When unforeseen problems arise, our team will discuss the cause of the problems and identify suitable solutions that will best steer the project back onto its proper course. Sometimes, these solutions may need to be solved by "thinking outside of the box" Y Keep the client informed - Our motto is to keep the client well informed of any problems that may have arisen, and the actions that we are taking to correct them..Oftentimes, clients understand that unforeseen .problems arefacts of life, and as long as we work as a team to address them, suitable solutions will always be found. DIAMOND BAR' �y _ ftorLSSIONAL TRAFFIC AND TRANSPORTATION SERVICE 3.10 Quality Assurance/Qualify Control Pian ADVANTEC takes Quality Assurance/Quality Control (QA/QC) very seriously: Before any .project deliverable is provided for review to a Client, it must initially pass our internal' quality. review process as shown in Appendix C, which consists of a series of separate reviews that ensure a product is free of mistakes before being submitted to the City, Following review, the City's comments are addressed aT1 a process is repeated: ADVANTEC's Quality Assurance process is led and orchestrated by the Project Manager with all.. project personnel, including the Project . Director, participating directly in the process as independent reviewer& This process ensures that all project deliverables are of the highest quality, and that comments from City of Diamond Bar have been properly addressed. 4. COMPANY STRENGTHS Criteria ADVANTtwC's Strengths 1. Responsiveness to the The proposal is responsive to all aspects of the 'RFP and is purposely Request for Proposal designed to facilitate comprehension and evaluation of our qualifications and capabilities. We -understand the City staff has to revieW many proposa4s,'therefore we have organized this document to be easily followed and read. 2. Ability to respond quickly . Throughout the history of the .company, we havea 10694 on-time and within -budget performance. Our office location and staff size are ideally suited to handle the type of assignments that the City may need for this on- call service, and we have proven in the past to be able to respond.,quickly' when the City asks us to. 3. qualifications and We have well qualified professionals covering all aspects of the tasks. Our . resumes, alongwith .. ' project team Includes transportation planners, civil engineers, electrical availability ofstaff engineers, traffic engineers, and traffic operations.engineers. Our staff has assigned no major project commitment in the next three years that would interfere with the timely completion of tasks under this on-call. 4. Approach or Methodology. Our approach and methodology in Section 3 represents ;our cumulative to the scope of work experience and recent work with the City of Diamond Bar. Therefore, our methoduiogy and approach are provenl We strive to capture the advantages offered by latest state-of-the-art technology to provide innovative and cost effective solutions to our clients. S. Referencesforsimilar We have a proven track record With the Cities of Diamond Barg Covina, work completed within Yorba Linda and Anaheim. We have demonstrated to City staffs our five years responsiveness, professionalism, and ability to ,perform projects on-time, within -budget and with high quality. Our other client references will also attest to our excellent services.. 6. Knowledge of City codes We have been working with the City of Diamond Bars staff for on -tail and procedures assignments for the last 8 years. Therefore, we are very familiar with the City's requirements, standards, procedures, and needs. }9DV NTEC 13 ( Page f , �, Cansulrine T'rtgi�xeers j EXIIZBTT "B" September 16, 2013 City of Diamond Bar Attn: Sterling E. Mosley 21810 Copley Dr. Diamond Bar, CA 91765 SUBJECT: Proposal for Median Modification Design Plan at Diamond Bar Boulevard/Kiowa Crest Drive Northbound Left -Turn Pocket Dear Sterling: ADVANTEC Consulting Engineers, Inc. (ADVANTEC) is pleased to submit this proposal to provide civil and traffic engineering services for the City of Diamond Bar. This project involves the preparation of a street improvement plan, along Diamond Bar Boulevard at Kiowa Crest Drive, to reduce the width of the raised medians at the intersection to two -foot wide to provide better sight distance to opposing vehicles. SCOPE OF WORK: Task 1- Project Coordination At the onset of the project, ADVANTEC will obtain relevant as -built street plans, landscape and/or irrigation plans for the subject location from the City. These as -built plans will be used as a reference for the existing centerline ties, benchmarks, street conditions, landscaping and irrigation currently within the median. Task 2 — Topographic Survey ADVANTEC will provide a topographic survey for the median limits. ADVANTEC proposes to survey the existing medians from the nose to 50 feet beyond the end of bay tapers. For base map purposes, we will provide a very limited survey of the street curb. Task 3 — Median Modification_ Plan, Specifications and Estimates (PS&E) ADVANTEC will prepare a median modification plan, and a 50 -foot cross-section sheet at V=40' scale. The proposed narrowed median, transition to existing median configuration and median curb profile will be designed and shown on the drawings, with all applicable notes to create a complete plan. From a preliminary field review the improvement plan will also show the new limits of cobble stone paving, shrubs, minor landscaping, and relevant details along the median for the installation of the proposed design. However, landscaping and irrigation plans are not included from this scope of work and will be shown to be replaced 'in-kind' by the contractor during median modifications work. The plans would conform to the requirements of the City of Diamond Bar. 50 -foot cross-sections of the existing and proposed median will be prepared. ADVANTEC will develop Engineer's Estimate and Technical Specifications associated with the improvements. The City's 'boiler plate' specifications will be used and edited as required. 21700 Copley Drive 0 Suite 350 + Diamond Bar + CA 91765 Tel: (909) 860-6222 + Fax: (909) 860-6722 s www.ADVANTEC-usa.com Proposal for Median Modification Design Plan at Diamond Bar Boulevard/ Kiowa Crest Drive Northbound Left -Turn Pocket City of Diamond Bar Page 2 of 2 Task 4 — Striping Plan ADVANTEC will incorporate the striping with in the median modification plan to reflect any striping changes associated with the median modifications, primarily for the left -turn lanes at the median location. Task 5 — Submittal and Revisions The completed plans would be thoroughly reviewed, then signed and stamped by a Registered Civil Engineer. Copies of the plans will be submitted to the City for review. Two revisions requested by the City would be fully addressed and incorporated properly into the plans, until the plans are ready for final approval by the City. Final plans will be provided on standard Mylar sheet and as AutoCAD drawing files meeting the requirements of the City. Task 6 — RFI Services ADVANTEC will assist the City as needed by providing final plans and bid specification clarification during the bidding period. If any changes to the plans and specifications are required during the bidding period, ADVANTEC will make sure the necessary changes are completed in a timely manner for issuing an addendum. SCHEDULE: We would initiate our field review upon authorization. First submittal of the plans will be made within four weeks and we will ensure that any reasonable schedule established by the City will be fulfilled. PROPOSED FEE: Our lump -sum fee for the scope of work proposed is $9,080. The fee would be proposed as a lump -sum fee. This estimate includes all services and expenses expected to be necessary to complete the subject project. Invoices will be submitted monthly based on project progress. The project is assumed to be 80% complete upon first submittal of the plan. We thank you for the opportunity to submit this proposal. If you have any questions or need clarifications, please do not hesitate to contact me. This proposal is valid for 90 days. Sincerely, ADVANTEC Consulting Engineers, Inc Jjeao�tManager ADV TEC September 16, 2013 C-onsultxng -'egg inears CITY COUNCIL Agenda # 6 , 7 Meeting Date: _Aril 15, 2014 AGENDA REPORT TO: Honorable Mayor and Members f the City Council VIA; James DeStefano, City Ma a TITLE: RESOLUTION NO: 2014 -XX OF, HE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE PARTICIPATION IN THE LOS ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND THE EXECUTION OF THE 2015-2017 COOPERATION AGREEMENT BETWEEN LOS ANGELES COUNTY AND THE CITY OF DIAMOND BAR RECOMMENDATION: Adopt. BUDGET IMPLICATION: All expenditures associated with the CDBG Program are funded through the City's yearly CDBG Grant allocation. BACKGROUND: The City has been a participating city in the Los Angeles Urban County Community Development Block Grant (CDBG) Program since July 1991. Every three years, the Los Angeles Community Development Commission (CDC) requires that participating cities enter into a Cooperation Agreement. The three-year Cooperation Agreements have been self - renewing since 2009. The current agreement will expire June 30, 2015 and CDC is requesting cities to approve a new Cooperation Agreement in order to revise the contract boilerplate to incorporate the latest federal requirements for fair housing and civil rights obligations. To remain eligible as a participant in the Urban County CDBG Program for the 2015-2017 funding cycle commencing July 1, 2015 and ending June 30, 2018, the City is required to adopt a Resolution approving the Cooperation Agreement. CDBG projects funded by the City of Diamond Bar include an allocation of 15% toward Public Service projects and 85% toward Public Works and Housing projects. Currently, CDBG funding is provided for Senior Programming, YMCA Child Care and Day Camp Program, Home Improvement Program, Sidewalk Installation ADA Compliance, and ADA Park Retrofit. As a participant in the Los Angeles Urban County Program, the City retains control over funding decisions for the use of CDBG funds subject to CDBG Program regulations. CDBG program administration is currently provided by City staff with the assistance of a consultant to prepare the annual project descriptions and summaries, quarterly performance reports, County and federal CDBG reports and documents, sub -recipient monitoring, prevailing wage monitoring, and to ensure compliance with Federal requirements and guidelines. The County provides staff resources and assistance to the participating cities including preparation of the Consolidated Five -Year and Annual Plans and Consolidated Annual Performance Evaluation Report, oversight of the Integrated Disbursement and Information System (IDIS) and IDIS Reports, support for CDBG/HUD environmental review and clearances, CDBG program training, and assistance with monitoring and audits. CDBG entitlement communities are designated as cities in a metropolitan statistical area, cities with populations of at least 50,000 and qualified urban counties with populations of at least 200,000. The City of Diamond Bar qualifies as an entitlement city, and is eligible to apply for CDBG funds directly from the U. S. Department of Housing and Urban Development (HUD). As an entitlement community, the City would be responsible for all of the HUD planning, reporting and compliance requirements. DISCUSSION: The CDC has invited the City to continue its participation in the Urban County CDBG Program for another three-year period. The City has had the option to become an entitlement city and decided to remain in the Urban County CDBG Program during each three-year funding renewal cycle. Should the City of Diamond Bar decide to become an entitlement city, the City would be allowed to use twenty per cent (20%) of the CDBG allocation for administration expenses. However, there would be an increase in reporting requirements and regulations that the City would be responsible to administer. The entitlement cities typically hire CDBG staff to administer the day to day activities of the program as well as consultants to assist with the CDBG planning and reporting requirements. In addition, the City would be assigned a HUD Program Manager to monitor the City's performance and provide training and technical assistance. If the City were to become an entitlement city, the annual CDBG allocation could increase or decrease based on the national CDBG funding pool. HUD determines the amount of each entitlement grant by a formula using measures of community needs including the extent of poverty, population, housing overcrowding, age of housing, and population growth lag in relationship to other metropolitan areas. Should the City remain in the Urban County CDBG Program, the City would remain eligible to participate in other programs administered by the County CDC. The City would be eligible to continue its participation in the County's HOME Program which includes a First Time Homebuyer's Program. Additionally, the City may participate in the Mortgage Credit Certificate Program. Furthermore, the County often provides additional assistance to the 2 cities by undertaking County -funded or jointly funded community development activities within the local jurisdictions. These services are provided at no additional cost to the City. It is recommended that the City of Diamond Bar continue its participation with the County CDBG Program. The City's annual CDBG allocations have ranged from $205,000 to $250,000 over the past three years. If the City becomes an entitlement City, there are no assurances that the annual CDBG allocation would increase significantly. However, it is certain that there are additional responsibilities and requirements for an entitlement city which would necessitate an increase in staff time and costs. It is most cost effective to participate in the County CDBG Program at this time. PREPARED BY: James DeStefano City Manager Attachments: Resolution 2014 -XX Cooperation Agreement 3 RESOLUTION NO. 2014 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE PARTICIPATION IN THE LOS ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND THE EXECUTION OF THE 2015-2017 COOPERATION AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF DIAMOND BAR WHEREAS, The City of Diamond Bar has expressed an interest in participating in the Los Angeles Urban County Community Development Block Grant (CDBG) Program for another three (3) year cycle commencing July 1, 2015 and ending June 30, 2018; and WHEREAS, in order to participate in the Los Angeles Urban County Community Development Block Grant (CDBG) Program, the City of Diamond Bar is required to enter into a Cooperation Agreement with the County of Los Angeles, and WHEREAS, the City of Diamond Bar has participated in the Los Angeles Urban County Community Development Block Grant (CDBG) Program since 1991; and WHEREAS, a number of projects that have benefited the community have been funded through the CDBG Program including public services, public works, park improvements, and home improvement program; and WHEREAS, the participation in the CDBG Program allows the City to control its own allocation of CDBG funds provided that the projects meet CDBG regulations addressing the needs of low- and moderate -income households and regarding the elimination of slum and blight. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. That the City Council of the City of Diamond Bar does hereby approve the participation in the Los Angeles Urban County Community Development Block Grant (CDBG) Program from July 1, 2015 through June 30, 2018. Section 2. That the City Council of the City of Diamond Bar does hereby approve the execution of the Cooperation Agreement between the City of Diamond Bar and the County of Los Angeles for the time period of July 1, 2015 through June 30, 2018 and self -renewing thereafter. PASSED, APPROVED, AND ADOPTED this 15th day of April, 2014. Carol Herrera, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution No. 2014- was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the 15h day of April, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk City of Diamond Bar, California 2 COUNTY- OF LOS ANGELES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ROME INVESTMENT PARTNERSHIPS PROGRAMS PARTICIPATING CITY COOPERATION AGREEMENT This Agreement is being entered into on this <<Date>> day of, «Month», <<Year>>, to be effective on the 1" day of July 2015, by and between the City of <<City Name> , hereinafter referred to as "City," and the County of Los Angeles, by and through the Executive Director of the Community Development Commission of the County, hereinafter referred to as "County" and shall remain in effect for the three-year qualification period through the 30`h day of ,lune 2018. After this date, this Agreement provides for automatic renewal of participation in successive three-year qualification periods, unless the County or the City provides written notice it elects not to participate in a new qualification period. WITNESSETH THAT: WHEREAS, in 1974, the U.S. Congress enacted and the President signed a law entitled, the Housing and Community Development Act of 1974, as amended, herein called the "Act;" and WIIEREAS, County and City desire to cooperate to undertake, .or assist in undertaking, community development, community renewal of lower income housing assistance activities, specifically urban renewal and publicly assisted housing, including, but not limited to, the improvement or development of housing for persons of law- to moderate -incomes, and other community or urban renewal activities authorized by the Act, the Cranston -Gonzalez National Affordable Housing Act (NAHA), and the U.S. Housing Act of 1937, as amended; WHEREAS, the Community Development Block Grant (CDBG) Program, the HOME Investment Partnerships (HOME) Program, and the Emergency Solutions Grant (ESG) Program are required to have an approved comprehensive housing strategy as authorized under NAHA; WHEREAS, the County has requested of the U.S. Department of Housing and Urban Development, hereinafter referred to as "HUD," that the County be designated as an "Urban County;" WHEREAS, the City desires to participate with the County in said program; WHEREAS, as the Urban County designee, the County will take responsibility and assume all obligations of an applicant under federal statues, including: the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the consolidated plan, and the assurances of certifications; WHEREAS, the terms and provisions of this Agreement are fully authorized under State and local law, and this Agreement provides full legal authority for the County, by and through its agents and instrumentalities including the Housing Authority of the County of Los Angeles and the Community Development Commission of the County of Los Angeles, herein referred as "County," to undertake, or assist in undertaking, essential community development and housing Revised 03/201.4 Assistance activities, specifically urban renewal and publicly assisted housing; and WHEREAS, by executing this Agreement, the parties hereby give notice of the intention to participate in the Urban County CDBG Program. NOW, THEREFORE, the parties agree as follows: The City hereby authorizes the County to perform, or cause to be performed, those acts necessary or appropriate to implement the community development and housing assistance activities, specifically urban renewal and publicly assisted housing, including, but not limited to, improvement or development of housing for persons of low- to moderate -income, and other community or urban renewal activities authorized under the Act specified for the City in the County's Consolidated Plan which will be funded from annual CDBG and applicable HOME Programs from Federal annual appropriations and from any program income generated from the expenditure of such funds. County shall have final authority and responsibility for selecting projects and annually filing its Final Housing and Community Development flan with HUD. In the event this Agreement extends into succeeding fiscal years and funds have not been appropriated, this Agreement will automatically terminate as of June 30 of the then current fiscal year. The County will endeavor to notify the City in writing within ten (10) days of receipt of non -appropriation notice. 2. This Agreement covers the following formula funding programs administered by HUD where the County is awarded and accepts funding directly from HUD: The CDBG Entitlement Program and the HOME.Program. In executing this Agreement, the City understands that it shall not be eligible to apply for grants under the Small Cites or State CDBG Programs for appropriations for fiscal years during the period in which the City is participating in the Urban County CDBG entitlement program; and further, the City shall not be eligible to participate in the HOME and ESG programs except through the Urban County. 4. The City may participate in a HOME Program only through the County. Thus, even if the County does not receive a HOME formula allocation, the City cannot form a HOME consortium with other local governments. The terra of this Agreement shall commence on July 1, 2015, the beginning date of this new Urban County Qualification Period, which will end on June 30, 2018. After this three (3) year Qualification Period ends, this Agreement will automatically renew for another period of three (3) years, unless the City provides written notice at least 60 days prior to the end of the term that it elects not to participate in a new qualification period. A copy of that notice must be sent to the HUD Field Office. Before the end of the first three-year term, the County will notify the City in writing of its right not to participate in the Urban County for a successive three-year term. The parties agree to adopt amendments to this Agreement incorporating changes Revised 03/2014 necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice by HUD, prior to the subsequent three-year extension of the term. Any amendment to this Agreement shall be submitted to HUD as required by the regulations and any failure to adopt required amendments will void the automatic renewal of the Agreement for the subsequent three-year term. 6. This Agreement shall be effective for the period of time required for the expenditure of all CDBG and/or applicable HOME funds allocated to the City under this Agreement and appropriations from any program income therefrom and for the completion of the funded activities. The County and City agree that they cannot terminate or withdraw from this Agreement while it remains in effect. The City and the County agree to cooperate to undertake, or assist in undertaking, community development, community renewal and lower income housing assistance activities, specifically urban renewal and 'publicly assisted housing, including, but not limited to, the improvement or development of housing for persons of low- to moderate -incomes, and other community or urban renewal activities authorized by the Act. The City and the County in the performance of this Agreement shall take all actions necessary or appropriate to assure compliance with the County's certification required by Section 104 (b) of Title I of the Act, as amended, including the provisions of the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of Title I of the Act, which incorporates Section 504 of the Rehabilitation Act, of 1973, the Age Discrimination Act of 1975, affirmatively furthering fair housing, Section 3 of the Housing and Urban Development Act of 1968, the Fair Housing Act, the Act, and all other applicable laws and regulations. 7. The City and County agree that CDBG and HOME funding is prohibited for any activities in or in support of any cooperating City that do not affirmatively further fair housing within its own jurisdiction or that impede the County's action to comply with its fair housing certification. 8. Pursuant to 24 CFR 570,501 (b), the City is subject to all requirements applicable to subrecipients, including the requirement of a written agreement as set forth in 24 CFR 570.503. 9. The City shall report to the County of any income generated by the use of CDBG or HOME funds received by the City. Any such program income must be remitted to the County within 30 days of receipt if applicable. Such program income may be used for eligible activities in accordance with all CDBG and HOME requirements as may then apply. 10. The County shall be responsible for monitoring and reporting to HUD on the use of any program income; therefore, the City shall be required to maintain appropriate record keeping and reporting for this purpose. 11. In the event of grant close-out or termination of this Agreement, any program Revised 03/2014 income that is on hand or received subsequent to the close-out or change in status shall be paid to the County within 60 days after grant closeout. 12. All program income generated from the disposition or transfer of real property acquired or improved by the City, using CDBG and/or HOME funds or program income, during the term of this Agreement, shall be subject to all the terms and conditions of this Agreement, particularly Sections 6 through 11. 13. Any real property which is acquired or improved by the City during the term of this Agreement, in whole or in part, using CDBG and/or HOME funds or program income in excess of $25,000, shall be subject to the following standards: a. The County shall be notified by the City in writing of any modification or change in the use or disposition of such real property from that planned at the time of the acquisition or improvement. :Such notification shall be made prior to the modification, change in use or disposition. b. if such real property is sold within five (5) years or transferred for a use which does not qualify as an eligible activity under CDBG and/or HOME regulations, the City shall reimburse to the County an amount equal to the pro -rata share of the current fair market value of the property or proceeds from the sales. The pro -rata share shall be calculated by multiplying the current market value by the percentage of the purchase price paid with CDBG funds or program income. 1.4. The City shall make available for "inspection and audit to County's and HUD's representatives, upon request, at any time during the duration of this Agreement and for a period of five (5) years, thereafter, all of its books and records relating to CDBG and HOME program activities and income. 15. Following the end of the three-year reimbursable contract period and after resolving any financial or programmatic findings, if a City elects to leave the Los Angeles County Grant Program, and is not eligible to become an entitlement City, the City will be unable to request that its allocation or any remaining balance be transferred to the City. Any remaining balance will be transferred to the funding pool of the Supervisorial District in which the City is located. 16. The City has adopted and is enforcing: a. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations; and b. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 17. The City shall or shall continue to provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful Revised 43/2014 manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the City's workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an ongoing drug-free awareness program to inform employees about: The dangers of drug abuse in the workplace; ii The City's policy of maintaining a drug-free workplace; iii Any available drug counseling, rehabilitation, and employee assistance programs; and iv The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph "a" of this Section 17. d. Notifying the employee in the statement required by paragraph "a" of this Section 17 that, as a condition of employment funded by the CDBG and/or HOME grant, the employee will: Abide by the terms of the statement; and ii Notify the City in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. e. Notifying the County in writing, within ten (10) calendar days after receiving notice under subparagraph d(ii) of this Section 17 from an employee or otherwise receiving actual notice of any such conviction; and the City must provide written notice, including position or title, of any City employees convicted of any criminal drug statute to every County officer or other designee who processed a CDBG or HOME grant which funded any activity on which the convicted employee was working, unless HUD has designated an identification number(s) of each affected grant. f, Taking one (1) of the following actions, within thirty (30) calendar days of receiving notice under subparagraph d(ii) of this Section 17, with respect to any employee who is so convicted: i Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or ii Requiring such employee to participate satisfactorily in a drug ,abuse assistance or rehabilitation program approved for such purpose by a federal, State, local health, law enforcement, or other Revised 03/2014 appropriate agency. g. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs a, b, c, d, e, and 'f, of this Section 17. Revised 03/2014 IN WI'T'NESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Agreement to be subscribed by the Executive Director of the Community Development Commission of the County of Los Angeles, and the City has subscribed the same through its duly authorized officers, on the day, month, and year first above written County Counsel Certification The office of the County Counsel hereby certifies that the terms and provisions of this Agreement are fully authorized under State and local laws, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and public assisted housing, Lo Deputy County Counsel Date COUNTY OF LOS ANGELES CITY OF «City Name» By SEAN ROGAN, Executive Director Community Development Commission of the County of Los Angeles ATTEST: City Clerk APPROVED AS TO FORM: JOHN F. KRATTLI County Counsel Deputy Revised 03/2014 By MAYOR OR DESIGNEE APPROVED AS TO FORM: LM City Attorney CITY COUNCIL Agenda 4 Meeting Date: aril 15, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma(a r .h TITLE: APPROVAL OF SUBSCRIPTION SERVICES AGREEMENT WITH VISION INTERNET PROVIDERS, INC., FOR PLATFORM UPGRADE AND REDESIGN OF THE CITY OF DIAMOND BAR AND DIAMOND BAR CENTER WEBSITES AT A COST OF $35,000, PLUS 10% CONTIGENCY OF $3,500 FOR A TOTAL NOT TO EXCEED AMOUNT OF $38,500; AND $11,700 ANNUAL HOSTING AND MAINTENANCE FEE. RECOMMENDATION: Approve. FISCAL IMPACT: Funds are budgeted in the adopted FY2013-14 Public Information Division budget. BACKGROUND: Since 2002 the City has contracted with Vision Internet to provide website services, including hosting and maintenance of the City's main website, www.diamgndbarca.gov, and since 2006 for the Diamond Bar Center's website, www.diamondbareenter.com. During this time Vision Internet has provided exemplary service. However, it has been nearly six years since both websites were last updated and the website platform is currently in need of an upgrade to allow for more efficient content management and integration with new technology. The proposed Subscription Services Agreement with Vision Internet includes the following: • Migration of existing content to the new vision CMSTM platform. Redesign of the City and Diamond Bar Center websites, both homepages and internal pages. • Allow for fluid content display on mobile devices that shows the website in the screen size of the particular mobile or handheld device. Enable better integration with City social media tools, including Facebook and Twitter. • Allow for audio and video embedding for expanded integration with City's Government Access and YouTube channels. • Incorporates the CMS technology which will provide time efficiency improvements for future modifications to the website. • Includes creation of a City extranet that allows City staff to access information on a secure portal via the City webpage. • New Facilities Directory. New RFP posting capability with document attachments. • Site -wide emergency alerts banner visible on all website pages. The proposed three year agreement with option to extend on a year-to-year basis thereafter includes annual maintenance of the website and one free graphic redesign of the City website after four years of continuous service. As a current client, Vision is extending preferred pricing to the City at significant cost savings, with the proposal not anticipated to exceed $38,500 for FY2013-14 and ongoing annual maintenance costs at $11,700 per year. Funding is budgeted in the FY2013-14 Public Information budget. It is requested that the City Council approve the agreement and authorize the City Manager to execute on behalf of the City Council. Prepared by: 'A`ar§ha Roa Public Information Manager Reviewed by: Ryan McLean Deputy City Manager Attachments - 1 - ttachments:1. Subscription Services Agreement 2. Website Platform Upgrade and Hosting Services Terms and Conditions visionLive'uT Subscription Services Agreement Vision Internet Providers Incorporated Account Terms and Conditions These Terms and Conditions, and any addendum signed by the parties and attached hereto, represents the complete agreement and understanding ("Agreement") between Vision Internet Providers Inc. ("Vision Internet"), a California corporation, and CITY OF DIAMOND BAR (the "Client"), and supersedes any other written or oral agreement with regard to the Subscription Services provided for herein. Client and Vision Internet are sometimes individually referred to as "Party" and collectively as "Parties." 1. Ongoing Service Provisions Pursuant to the terms herein, Vision Internet agrees to provide Hosting Services, Upgrade Services, and Support Services (collectively "Subscription Services") as provided below for the Client's website, which utilizes Vision Intemet's Vision Content Management System ("VCMS") developed under a prior or concurrent agreement by and between Vision Internet and Client ("Website Development Agreement"). To the extent that the Website Development Agreement and/or any other prior agreement entered into by and between Vision Internet and Client conflicts with this Agreement, then the terms and conditions of this Agreement shall supersede, replace, and amend any and all conflicting provisions of such prior agreement. Vision Internet will provide Subscription Services to the Client in exchange for payment of fees and compliance with the terms and conditions of this Agreement.. Subscription Services include the following: (a) Hosting Services Vision Internet will provide shared website hosting on a Microsoft Windows Server and shared database hosting on a Microsoft SQL Server for one (1) unique domain. (b) Upgrade Services Vision Internetwill provide Upgrade Services which include: • Enhancements to the backend VCMS functionality. • Enhancements to the Included Interactive Components that were developed under the Website Development Agreement or other prior agreement entered into by and between Vision Internet and Client. • New Interactive Components released from time to time according to the visionLiveTm Roadmap ("Roadmap"). • Bug fixes to the VCMS code. • Updates to provide compatibility to future versions of Supported Web Browsers (as defined below) within three months of their release. Compatibility with previous versions of Supported Web Browsers is not guaranteed. Client understands and agrees that the Supported Web Browsers for the frontend of the website currently are F'irefox, Internet Explorer, Chrome, and Safari. Client understands and agrees that Supported Web Browsers for the backend of the website currently are Firefox and Internet Explorer. Client understands and agrees that Supported Web Browsers for visionMobileTm currently are iOS Safari, Android Chrome, and Windows Phone 7 Internet Explorer. All of the web browsers listed in this paragraph, and any others added by Vision Internet at its discretion are herein referred to collectively as the "Supported Web Browsers". 1 Client's Initials 952394.1 To receive the Upgrade Services, a non -interrupted Subscription Services Agreement must be in place from time of website launch and the VCMS code must be unmodified. Upgrade Services do not include: • Optional Interactive Components. a Modules, Programs, or Software Applications. ■ New VCMS Interactive Components. ® Conversion to new platforms. ® Modification of third -party products. • Updates to provide compatibility to third -party products, except for those included in VCMS. ■ Upgrades that require modification to website design. ■ System configuration, website content editing and/or formatting, website design, custom data updates, etc. (c) Suuport Services Support Services is defined as technical support for the unmodified VCMS, including the Hosted Services. Vision Internet will provide Support Services to a designated Client account manager, system administrator or Webmaster. Technical support is generally available by email and telephone from 7:00 AM to 5:00 PM Pacific Time Monday through Friday excluding holidays (`Business Hours"), with emergency support available 24 hours a day, 7 days a week. An emergency is defined as the website being down for more than ten (10) minutes. Vision Internet conducts regular digital security assessments and works diligently to reatediate any known vulnerabilities. Vision Internet understands that the Client conducts its own assessments to validate that Vision Internet's provided security is current, and that the Client provides third -party assessment to assess security of the Client's hosted site, including but not limited to full read and write access to fides by an intruder, remote execution of commands, and the presence of backdoors. Vision Internet shall work to resolve all Client -reported PCI -DSS Level 3-5 issues, within 72 hours of Client notice of non-compliance. Vision will provide commercially reasonable best-efforts to resolve reported issues. Due to the constantly changing nature of digital security, it may not be possible for vendors to remediate all reported PCT -DSS compliance issues within 72 hours, as Vision may need to await mitigation software and/or patches from Third. Parties. However, in the event that Vision Internet is unable to resolve a reported PCI -DSS issue within 72 hours, Vision will proactively notify Client of the situation and will track the issue, and communicate the status of the issue on a bi-weekly basis until resolved. (d) Redesign Services At the conclusion of year four of an uninterrupted Subscription Services agreement, the Client will be entitled to a basic graphic redesign of one (1) website. Basic graphic redesign does not include Design Themes. Services shall include: ■ Project Management • Wireframe Development @ Graphic Design Development with one preliminary concept • Graphic Production Vision Internet will not develop a sitemap or new content as part of the redesign, but will assist the Client in transferring existing content into the new design. 2 Client's Initials 952394.1 2. Pees Rate: $11,700 per year payable to Vision Internet in U.S. funds in advance, which rate shall be increased according to the Bureau of Labor Statistics - Urban Wage Earners and Clerical Workers (Current Series) Consumer Price Index - for Los Angeles Metro Area per year for each year of the Initial Term (defined below), and any and all renewal terms, as provided in Section 3 below. Vision Internet shall invoice Client annually within thirty days of start of service or any renewal term as defined below. Any services not covered in this Agreement will be subject to additional fees and will be considered extra work ("Extra Work"). Extra Work will be billed at Vision Internet's prevailing hourly rates, which are currently as follows: HTML Programming, Content Migration, $85/hr; Graphic Production $95/hr; Quality Assurance, Testing, Debugging, Technical Support, Webmaster Services, $105/hr; Consulting, Project Management, Database Design, Dynamic Programming, $135/hr; Graphic Design, Training, $125/hr. Client shall be responsible for any or all additional fees including, without limitation: software, applications, online promotion, marketing, copy writing, redesign, change orders, mailings, and fees to any third party vendor's if applicable. Calls outside of Business Hours not deemed an emergency as defined above will be subject to a minimum fee of $135. 3. Term The Subscription Services will begin when the website is hosted on the production server and remain in effect for a period of three years thereafter (the "Initial Term"). With respect to the Initial Term, unless one Party has given written notice to the other Party of its intent not to renew this Agreement at least thirty (30).days prior to expiration of the Initial Term, this Agreement will continue in effect on a year-to- year basis thereafter until one party gives written notice to the other of its intent not to renew this Agreement at least thirty (30) days prior to the expiration of any renewal term. If the terra of this Agreement is extended or renewed in accordance with the foregoing, all of the terms and conditions of this Agreement shall continue, unmodified, in full force and effect, until the end of the last applicable renewal or extension term, except that all rates, fees, charges, and compensation payable to Vision Internet hereunder shall be increased according to the Bureau of Labor Statistics - Urban Wage Earners and Clerical Workers (Current Series) Consumer Price Index - for Los Angeles Metro Area per year, for each annual renewal term extending the term hereof. 4. Subscription Services Website Usau (a) The Client shall use the Subscription Services in strict accordance with, but not limited to, all local, state, and federal laws. The Client shall not use the Subscription Services for any unlawful or destructive purpose including, but not limited to, copyright and/or trademark infringement. The Client hereby represents and warrants that any text, data, graphics, or any other material displayed or published by the Client on their Website is, and shall continue to be, throughout the term of this Agreement, free from violation of or infringement upon copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others, and is free from obscene or libelous material. (b) The Client represents and warrants that it has or has obtained all rights necessary to display all the images, data, information or other items being displayed at the Client's Website. The Client expressly authorizes Vision Internet to display those images, data, information or other items. (c) The Client shall not misuse any of Vision Internet's resources or cause any disruption to Vision Internet's business ("Misuse"). Examples of Misuse include, but are not limited to, the display of pornography or linking to pornographic material, the sending of chain letters, advertisements, solicitations, or mass mailings to individuals who have not agreed to be contacted in this manner (including, but not limited to, what is commonly referred to as "Spam"). However, Vision Internet is 3 Client's initials 9523 94.1 aware that the Client conducts mass digital communication through the hosted service, in order to effectively communicate with its constituents. This mass digital communication is acknowledged by Vision Internet to be in the ordinary course of Client business, and is specifically excluded from any restriction of this section. (d) The Client shall not use any process, program or tool via Vision Internet for gaining unauthorized access to the accounts of other parties, including but not limited to, other Vision Internet clients, customers or account holders or other Vision Internet systems. The Client shall not use Subscription Services to make unauthorized attempts to access the systems and networks of others. Client shall not use Vision Internet's services as a door or signpost to another server. (e) The Client shall not intentionally use Subscription Services in a manner in which system or network resources are denied to other Vision Internet clients, customers or account holders. (i) The Client will have password access to the VCMS through the Subscription Services. The Client agrees to be responsible for keeping all passwords secure and will immediately notify Vision Internet if a password is lost, stolen or compromised in any way. The Client shall be responsible for all use of Subscription Services accessed through the Client's passwords. The Client's passwords are not transferable to any third party and are subject to any limits established by Vision Internet. 5. Disclaimers and Acknowledgments (a) The Internet (i) The Client acknowledges that, when using the Internet, the Client is using a completely different physical network than the Vision Internet communications network and different content than available on Vision Internet. The reliability, availability and performance of resources accessed through the Internet are beyond Vision Internet's control and are not in any way warranted or supported by Vision Internet. The Client acknowledges that safeguards relative to copyright, ownership, decency, reliability and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. Vision Internet makes no warranty that any systems accessed will be free of computer viruses. The Client is responsible for making backup copies of their files. The Client assumes all risk and liability of its use of the Internet. (ii) The Client specifically acknowledges tbat Vision Internet provides access to other systems not controlled by Vision Internet including, but not limited to, discussion groups, websites and databases, that may contain pictures and language intended for adult audiences. The Client further understands that Vision Internet is not responsible for any damages that may result from exposure to such material and the Client shall hold Vision Internet harmless from any damages that may result. (iii) Vision Internet does not warrant (a) any connection to, transmission over, nor results or use of, any network connection or facilities provided under this Agreement or (b) any third - party applications and software obtained by, for, or on behalf of Client. VISION INTERNET MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS OF THE SUBSCRIPTION SERVICES FOR ANY PARTICULAR PURPOSE WHATSOEVER. In no event, at any time, shall the aggregate liability of Vision Internet or Client exceed the amount of fees paid by Client to Vision Internet and Vision Internet and Client shall not be responsible for any lost profits or other damages, including direct, indirect, incidental, special, consequential or any other damages, however caused of the other Party. Client's Initials 952394.1 (iv) The Client acknowledges that the information available through the Internet may not be accurate. Vision Internet has no ability or authority over the material. In addition, Vision Internet has no liability for the quality, accuracy, or validity of the data/information delivered over the Internet. Use of information gathered through the use of Vision Internet services is at the risk of the Client. (b) Domain Flame and Secure Digital Certificate If agreed to under this Agreement, Vision Internet will apply for a custoin domain name of the Client's choosing. Vision Internet cannot guarantee the availability of any particular name. Client is responsible for all fees charged by the registrar (i.e. Verisign or Dotster) including setup and renewal fees. Client shall be responsible for all licensing fees, if any, including but not limited to secure digital certificate renewal fees. Vision Internet shall not be responsible for maintaining or renewing domain names. Digital certificates, or any other third party registrations will be maintained by Vision Internet, upon Client request, on a Cost Plus Labor basis. 6. Indemnification (a) Vision Internet will defend, hold harmless and indemnify Client from and against all liability costs and expenses including reasonable attorney fees resulting from claims of injury to person., damages to property, or monetary damages arising out of Vision Internet's negligence or intentional misconduct. (b) The Client will defend, hold harmless and indemnify Vision Internet, its officers, directors, shareholders, employees and agents from and against all liability costs and expenses including reasonable attorney fees resulting from claims of injury to person, damages to property, or monetary damages arising out of the Client's negligence or intentional misconduct. 7. Defaults The occurrence of any one or more of the following shall constitute an Event of Default under this Agreement: (a) Any intentional Misuse of Vision Internet resources that disrupts Vision Internet's business. (b) Either Party's breach of any material representation, warranty, term or provision of this Agreement. S. Remedies (a) In the event of a Default the non -defaulting Party shall notify the defaulting Party in writing. (b) If the Default occurs and remains uncured for at least ten (10) days after the non - defaulting Party's delivery of written or email notice to the Defaulting Party, the Non -Defaulting Party may suspend any payments provided herein or suspend Subscription Services provided herein, until such Default is cured, or may immediately terminate the Subscription Services and this Agreement. If it is not practicable for the Default to be cured within 10 days, then the Non -Defaulting Party may provide a reasonable time in which to cure. 5 Client's Initials 952394.1 9. Documents & Data. L,icensinLy of Intellectual Prone This Agreement creates a non-exclusive and perpetual license for Client to copy, use, or modify for its own use, any and all copyrights, designs, and other intellectual property embodied in this website, which are prepared or caused to.be prepared by Vision Internet under this Agreement ("Documents & Data"), to which Vision Internet retains ownership of all intellectual property rights. Notwithstanding anything to the contrary in any of the agreement documents, Client understands and agrees that Vision Internet shall retain all right, title, and interest to the Vision Content Management SystemTM (also known as the Vision Internet Content Management System, VCMT, VCMS and the Vision Content Management Tool), and Dynamic and Interactive Components. 10. Other (a) The headings in this Agreement are intended solely for convenience and shall be given'no effect in the construction or interpretation of this Agreement. (b) The Client agrees that a failure to exercise or delay in exercising any right, power or privilege on the part of Vision Internet will not operate as a waiver or estoppel thereof. (c) Neither the course of conduct between parties nor any trade practice shall act to modify the provisions of this Agreement except as expressly stated herein. (d) This Agreement shall be governed by and construed in accordance with the laws of the United States of Ainerica, and the State of California. Any cause of action with respect to the services provided hereunder must be instituted within one year after the claim or cause of action has arisen or be forever barred or if applicable, in accordance with the California Governmental Claims Act, Government Code sections 910 et seq. Further, jurisdiction and venue for any cause of action or claim with respect to the services provided hereunder shall be exclusively in the County of Los Angeles. (e) Except for any injunctive relief or similar remedy, which may be sought in any court of competent jurisdiction subject to the immediately preceding paragraph, any controversy, dispute, claim or counterclaim, whether it involves a disagreement about this Agreement or its meaning, interpretation, or application; the performance of the Agreement; questions of arbitrability' as to subject matter of the dispute; whether an agreement to arbitrate exists and, if so, whether it covers the dispute(s) in question; or any other question of arbitrability or form of disagreement or conflict among the parties to the Agreement, shall be submitted to final and binding arbitration at the request of either party, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, or the comparable rules promulgated by ADR Services or JAMS in Los Angeles, California. The arbitration shall take place in the County of Los Angeles. The arbitrators shall apply California substantive law and the California Evidence Code to the proceeding. The arbitrators shall have the power to grant all legal and equitable remedies and award compensatory damages provided by California law. The arbitrators shall prepare in writing and provide to the parties an award including factual findings and the reasons on which the decision is based. The arbitrators shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected pursuant to California Code of Civil Procedure sections 1286.2 or 1286.6 for any such error. In the event the parties are unable to agree as to the arbitrator, each shall select an arbitrator who shall, in turn, select the third and sole arbitrator. Each party shall be responsible for one-half of the costs for the arbitrator(s) and arbitration. (f) With the intent to be legally bound, each of the undersigned hereby covenants and Client's Initials 952394,1 acknowledges that he, she or it (i) has read each of the terms set forth herein, (ii) has the authority to execute this Agreement for such Party, and (iii) expressly consents and agrees that the Party upon behalf of which the undersigned is acting shall be bound by all terms and conditions contained herein. (g) The Parties have each been advised to seek independent legal counsel in entering into this Agreement and the transactions described herein. In the event a Party chooses not to seek independent legal counsel, that Party does so freely and knowingly and waives any such rights to counsel. As a result, the Parties do not believe that the presumptions of California Civil Code section 1654 relating to the interpretation of contracts against the drafter of any particular clause should be applied in this case and therefore the Parties knowingly and freely waive its effects, (i) Any delay in the performance by either Party hereto of its obligations hereunder shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Party within ten (10) days after occurrence of such cause or event. 0) This Agreement, including any attached exhibits, is the entire, complete, final and exclusive expression of the Parties with respect to the Subscription Services and supersedes all other agreements or understandings, whether- oral or written, or entered into between Client and Vision Interaret prior to the execution of this Agreement related thereto. No amendment to- this Agreement shall be valid and binding unless in writing duly executed by the Parties' authorized representatives. (k) It is understood and agreed that if any interpretation is to be made of this Agreement, the same shall not be construed for or against any of the Parties, if any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. (1) This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same Agreement. This Agreement becomes effective upon the Parties' receipt of a fully executed copy of this Agreement. (m) All notices under this Agreement shall be in writing and effective on the date of delivery if delivered by personal service, Federal Express, or facsimile; or effective three (3) days after deposit in first class U.S. mail, postage prepaid, to each party as follows: (1) Client: City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Attn: James DeStefano Fax: (909) 861-3117 (2) Vision Internet: 2530 Wilshire Boulevard, 2nd Floor Santa Monica, California 90403 Attn: Steven Chapin Cc: Rose De Vries Fax: (310) 656-3103 7 952394.1 Client's Initials IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth next to their signatures below. DATE: By: Print Name DATE: By: 952394.1 CITY OF DIAMOND BAR Print Title VISION INTERNET PROVIDERS, INC. STEVEN CHAPIN Title: President Client's Initials Affarhmonf A Client and Vision Internet may have already entered into one or more separate agreements which specify (1) the inclusion of Included and/or Optional Interactive Components and Features and/or (2) browser compatibility, and/or (3) hosting provisions. To the extent that any prior agreement entered into by and between Vision Internet and Client conflicts with this Agreement, then the terms and conditions of this Agreement shall supersede, replace, and amend any and all conflicting provisions of such prior agreement. 1. Included Interactive Components and Features The following are the initial Included Interactive Components and Features provided in Client's project, subject to upgrades and revisions based on Vision Internet's then current Included Interactive Components listed on the Roadmap. Additional options may be available and can be added for an additional fee: Audit Trail Log Backend Content Title Search Backend Dashboard Broken Link Reporter Content Review and Publishing Component Manager Content Scheduling Context Sensitive Online Help Custom Fields Departmental Page Restrictions Document Central Drag and Drop Multiple File and Image Uploading Email Address Masking Enhanced User Interface Flexible Site Variable Settings Image Library Page Template Library Personal Toolbar Role -Based Security Scheduled Content Review SiteMaster'm Template Builder Submission Validation (reCAPTCHA) Recycle Bin Updated and Expired Content Reporting Web Traffic Statistics Widget -based Layout Options Workspace Advanced WYSIWYG Editor Table Wizard Search and Replace Spell Checker Style Gallery Automatic Breadcrumbs Connected Pages Content Categories Dynamic Drop Down Menus Error 404 (Page Not Found) Handling 0 9523 94.1 Undo/Redo User Commenting Version Control Navigation Control Navigation Redirect Page Linking Quick Links Single -Source Publishing Client's Initials External Link Splash Page Friendly URL Redirect Business Directory Community Spotlight Dynamic Calendar System Dynamic Homepage Facilities Directory Facilities Reservations Feedback Form Form Builder Frequently Asked Questions Department -Level Administration Department -Level Navigation Department -Level Sitemap Site Search (Google CSE) Sitemap Generator In -page Content Editing Job Posts News RFP Posts Rotating Homepage Banners Service Directory Staff Directory Sticky News Weather Update Agenda and Minutes Archive GovTrack CRM' Audio and Video Embedding Bookmark and Share eNotification Emergency Alert (site wide) Facebook FeedReader' Forward to a Friend OneCliek Social Networking Photo Gallery & Slideshow Responsive Design with visionMobileTM RSS FeedReaderTM Twitter FeedReaderTM. Automatic Alt -Tags Google Translation Integration Dynamic Font Resizing Printer Friendly Pages Dynamic Reader Download Links Table Accessibility Tools Approval Cycle Additional Site (Diamond Bar Center) 2. Customizations The following are customizations provided in Client's project: None 10 952394.1 Client's Initials Website ]Platform Upgrade and Hosting Services Terms and Conditions 1. These Terms and Conditions, and any attachment signed by the parties attached hereto, represent the complete agreement and understanding ("Agreement") between Vision Internet Providers, Inc., a California corporation ("Contractor"), and THE CITY OF DIAMOND BAR, CA ("City"), and supersedes any other written or oral agreement with regard to the website platform upgrade and hosting services provided for herein. Any modification of this Agreement is valid only if the modification is in writing and signed by both Parties. City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties." 2. Contractor will provide the following services to City in exchange for payment of fees and compliance with the Terms and Conditions of this Agreement. This Agreement, City activities and all discussions regarding City website platform upgrade shall be treated as confidential and shall not be disclosed to parties other than representatives of Contractor and the authorized representatives of City. It is agreed that a designee of City, Marsha Roa, will be project manager, with decision making authority on behalf of City, for purposes of this .Agreement. 3. Contractor agrees to perform work for prices quoted in Attachment A. City agrees to pay Contractor as follows: (i) An initial payment equal to 50% of the total cost; (ii) A payment equal to 50% of the total cost upon completion of the work. 4. Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, or modify for its own use, any and all copyrights, designs, and other intellectual property embodied in this website, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"), to which Contractor retains ownership of all intellectual property rights. Notwithstanding anything to the contrary in any of the agreement documents, City understands and agrees that Contractor shall retain all right, title, and interest to the Vision Content Management Systemrm (also known as the . Vision Internet Content Management System., VCMT, VCMS and the Vision Content Management Tool), and Dynamic and Interactive Components. 5. Intentionally omitted. 6. Intentionally omitted. 7. Additional services not covered in this Agreement and extra hours will be presented to City for approval prior to commencement of work ("Extra Work"). Extra Work will be billed at Contractor's prevailing hourly rates, which are currently as follows: Content Migration, $85/hr; Graphic Production, $95/1r; Quality Assurance, Testing, Debugging, Technical Support, Webmaster Services, HTML Prograrmning, $105/hr; Consulting, Project Management, Database Design, Dynamic Programming, $135/hr; Graphic Design, Training, $125/hr; Straight flatbed scanning will be billed at $10 per scan. Touch up work to irnages will be billed at the Graphic Design hourly rate. City shall be responsible for any or all additional fees including, without limitation: photography, stock 1 City's Initials Contractor's Initials images, illustration, fonts, scanning, software, applications, online promotion, marketing, copy writing, redesign, change orders, mailings, and fees to any third party vendors if applicable. Maintenance work is considered Extra Work as defined herein. 8. Intentionally omitted. 9. City shall supply all information to Contractor in digital format including without limitation copy, text, audio files, video files, pdf files, photographs, artwork and preexisting graphics. 1.0. City understands and agrees that Contractor will develop website frontend to be compatible with Internet Explorer 9 and 10, and the latest released versions at the time of Completion of: Firefox, Chrome, and Safari. Website backend will be compatible with Internet Explorer 9 and 10 and the latest released version at the time of Completion of Firefox. Website may not be compatible with previous or future versions. Website will be optimized for 1024 x 768 pixels resolution or above. City understands and agrees that the website will be developed with Hypertext Markup Language ("HTML"), CSS, JavaScript, and Microsoft ASP.NET ("MS - ASP") interfaced with a database created in Microsoft SQL Server 2012 R2 ("MS -SQL"). City understands and agrees that the website is developed to run on a Microsoft Windows Server 2012 ("MS -Sewer"). visionMobileT�4'if provided under this Agreement, will be compatible with the latest .released versions at the time of Completion of iOS Safari, Android Chrome, and Windows Phone 7 Internet Explorer. visionMobileTM may not be compatible with previous or future versions. visionMobileTm, if provided under this Agreement, shall include "Powered by Vision Internet" in the footer and always be linked to a Contractor web page. City is responsible for the costs of all software licensing. City understands and agrees that the website frontend and content migrated by Contractor will be designed to be compliant with Section 508 guidelines on accessibility as follows: Compliance standards will be verified via Watchfire's BobbyTm software to be compliant to automatic checkpoints prior to Completion. City understands and agrees that website backend and third party tools may not be Section 508 compliant. Contractor is not responsible for content migrated by City or any third parry. 11. Limited Warranty: Contractor does warrant that all of the deliverables included in this Agreement will be conveyed to City. All programming code developed by Contractor within the project is warranted for a period of twelve (12) months from the date of the completion of the website ("Completion"). Contractor will create a backup of the website on the date of Completion. If any warranted problem arises while City or its designee is maintaining the website, Contractor will restore the website back to its condition as it existed at Completion. If Contractor is maintaining and hosting the website, Contractor shall restore the website back to its condition as it existed at the day of the most recent backup. Contractor shall provide compiled code upon City's request. Contractor shall only be responsible for any costs associated with correcting any unmodified programming code during this twelve (12) month period following the Completion. Except as expressly set forth in the immediately preceding paragraph, CONTRACTOR MAKES NO WARRANTY OF ANY MND, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE 2 City's Initials Contractor's Initials WHATSOEVER. In no event, at any time, shall the aggregate liability of Contractor exceed the amount of fees paid by City to Contractor and Contractor shall not be responsible for any lost profits or other damages, including direct, indirect, incidental, special, consequential or any other damages, however caused. 12. Contractor does not warrant any results from the use of any web pages created under this Agreement, including but not limited to, the number of page or site visitations, download speed, database performance, or the number of hits or impressions. 13. Although Contractor may offer an opinion about possible results regarding the subject matter of this Agreement, Contractor cannot guarantee any particular result. City acknowledges that Contractor has made no promises about the outcome and that any opinion offered by Contractor in the future will not constitute a guarantee. 1.4. Contractor may use any web pages developed for the City in any of its own promotional materials as examples of its work. City agrees that Contractor may place in the website footer an unobtrusive text link reading "Developed by Vision Internet" or the equivalent. Contractor's footer text credit shall always be linked to a Contractor web page. 15. Each Party warrants that it holds all rights necessary to display all the images, data, information or other items being displayed at the City's web pages during the effective period of this Agreement. City expressly authorizes Contractor to display andlor modify any City supplied images, data, information and other items in connection with the services provided herein. 16. City agrees to use the website in strict accordance with, but not limited to, all local, state, and federal laws. City hereby agrees that any text, data, graphics, or any other material published by City on its website is free from violation of or infi-ingement upon copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual. property rights of others, and is free from obscenity or libel. 17. Intentionally omitted. 18. Intentionally omitted. 19. Contractor will defend, hold harmless and indemnify City from and against all liability, loss, cost, damage, or expense, including reasonable attorney's fees, resulting from any claim of injury to person, damages to property, or monetary damages arising solely out of Contractor's negligence or intentional misconduct or failure to perform obligations under this Agreement. 20. City will defend, hold harmless, and indemnify Contractor, its officers, directors, shareholders, employees, and agents from and against all liability, loss, cost, expense, including reasonable attorney's fees, resulting from any claim of injury to person, damages to property, or monetary damages arising out of City's negligence or intentional misconduct or failure to perform obligations under this Agreement. 21. Estimated times are included for convenience. Actual times will vary depending on City interaction and participation. However, the Parties agree to reasonably cooperate with one 3 City's Initials Contractor's Initials another in the construction and design of the website in a timely manner. 22. This Agreement shall be governed by and construed in accordance with the laws of the United States of America, and the State of California. Any cause of action of City with respect to the services provided hereunder must be instituted within one year after the claim or cause of action has arisen or be forever barred. 23. The waiver by one Party of any term or condition of this Agreement, or any breach thereof, shall not be construed to be a general waiver by said Party or as a waiver of any other term or breach. 24. Neither the course of conduct between the Parties nor any trade practice shall act to modify the provisions of this Agreement except as expressly stated herein. 25. With the intent to be legally bound, each of the undersigned hereby covenants and acknowledges that he, she or it (a) has read each of the terms set forth herein, (b) has the authority to execute this Agreement for such person or entity, and (c) expressly consents and agrees that the person or entity upon behalf of which the undersigned is acting shall be bound by all terms and conditions contained' herein. 26. It is understood and agreed that if any interpretation is to be made of this Agreement, the same shall not be construed for or against any of the Parties. 27. The Parties have each been advised to seek independent legal counsel in entering into this Agreement and the transactions described herein. In the event a Party chooses not to seek independent legal counsel, that Parry does so freely and knowingly and waives any such rights to counsel. As a result, the Parties do not believe that the presumptions of California Civil Code section 1654 relating to the interpretation of contracts against the drafter of any particular clause should be applied in this case and therefore the Parties knowingly and freely waive its effects. 28. Should a dispute, including but not limited to any litigation or arbitration be commenced (including any proceedings in a bankruptcy court) between the Parties hereto or their representatives concerning any provision of this Agreement, or the rights and duties of any person or entity hereunder, the Party or Parties prevailing shall be entitled to reasonable attorney's fees and court costs incurred by reason of such action. 29. Except for any injunctive relief or similar remedy, which may be sought in any court of competent jurisdiction subject to Paragraph 22 above, any controversy, dispute, claim or counterclaim, whether it involves a disagreement about this Agreement or its meaning, interpretation, or application; the performance of the Agreement; questions of arbitrability as to subject matter of the dispute; whether an agreement to arbitrate exists and, if so, whether it covers the dispute(s) in question; or any other question of arbitrability or form of disagreement or conflict among the Parties to the Agreement, shall be submitted to final and binding arbitration at the request of either Party, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in the City of Los Angeles. The arbitrator shall apply California substantive law and the California Evidence Code to the 4 City's Initials Contractor's Initials proceeding. The arbitrator shall have the power to grant all legal and equitable remedies and award compensatory damages provided by California law. The arbitrator shall prepare in writing and provide to the Parties an award including factual findings and the reasons on which the decision is based. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected pursuant to California Code of Civil Procedure sections 1286.2 or 1286.6 for any such error. In the event the Parties are unable to agree as to the arbitrator, each shall select an arbitrator who shall, in turn, select the third and sole arbitrator. Each Party shall be responsible for one-half of the costs for the arbitrator(s) and arbitration. 30. This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same Agreement. This Agreement becomes effective upon Contractor's receipt of an executed copy. of this Agreement. 31. Force Mai cure: Any delay in the performance by either Party hereto of its obligations hereunder shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Parry within ten (10) days after occurrence of such cause or event. 32. In the case of any conflict between the Terms and Conditions and Attachment A, the Terms and Conditions shall supersede Attachment A. 33. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 34. The titles and headings of the paragraphs of this Agreement have been inserted for convenience of reference only and are not intended to summarize or otherwise describe the subject matter of such paragraphs and shall not be given any consideration in the construction of this Agreement. 35. Contractor shall agree to offer the prices and terms and conditions offered herein to other state, local, county, education, and municipal government agencies in the United States who wish to participate in a cooperative purchase program with Contractor. 36. All notices under this Agreement shall be in writing and effective on the date of delivery if delivered by personal service, Federal Express, or facsimile; or effective three (3) days after deposit in first class U.S. mail, postage prepaid, to each Party as follows: (a) City: City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Attn: James DeStefano Fax: (909) 861-3117 5 City's Initials Contractor's Initials (b) Contractor: Vision Internet Providers, Inc. 2530 Wilshire Boulevard, 2nd Floor Santa Monica, California 90403 Attn: Steven Chapin Cc: Rose De Vries Fax: (310) 656-3103 DATE: By: Print Name DATE: By: CITY OF DIAMOND BAR Print Title VISION INTERNET PROVIDERS, INC. STEVEN CHAPIN Title: President City's Initials Contractor's Initials C1 TO: CITY CLERK FROM: �Krv� kA DATE: ADDRESS: 0 Y PHONE: -71 4_ 7 jam 6 i .b "Y ORGANIZATION: AGENDA#ISUBJECT: Nav-hn �7"°� �...6.e,... 6t�.A. I 4-vY expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK DATE: �_ I PHONE: 10140Y-4�-7t) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. TO: FROM: ADDRESS: CITY CLERK ORGANIZATION: AGENDA#/SUBJECT: DATE: J ! J s PHONE:1 f" E�- I expect to address the Council on the subject agendalsubject item. Please have the Council Minutes reflect my name and address as written above. Signat This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: LA- ► W1 0A DATE: ` -/1'� ADDRESS: 4 PA5—ALJL PHONE: 90 ORGANIZATION: AGENDA#/SUBJECT:,17— U i M? Fk-LA 1 QAJ r= IkLek _11Q-- 1 expect to address the Council on the subject agendalsubject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act.