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HomeMy WebLinkAbout012015 - Agenda - Regular MeetingCity of Diamond City Council Agenda Tuesday, January 20, 2015 5:45 p.m. Study Session - Room CC -8 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 Council Member Steve Tye Nancy A. Lyons Mayor Mayor Pro Tem Jimmy Lin Jack Tanaka Council Member Council Member City Manager James DeStefano • 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 II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodations) 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.CityofDiamonclBar.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. I :eh Ii ' v \i' CITY OF DIAMOND BAR CITY COUNCIL AGENDA January 20, 2015 Next Resolution No. 2015-02 Next Ordinance No. 03 (2015) STUDY SESSION: 5:45 p.m., Room CC -8 10. Lighting and Landscape Assessment Districts 38, 39 and 41 — Discussion and Action. Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Pastor Tony Wong, Gateway Friends Church Council Members Herrera, Lin, Tanaka, Mayor Pro Tem Lyons, Mayor Tye Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tile to Jen Mahlke, former Traffic and Transportation Commissioner. 1.2 Presentation of City Tile to Jimmy Lin, former Planning Commissioner. 1.3 Presentation of Certificates of Recognition to the Winners of "Through My Lens" Photo Contest 2014. 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. January 20, 2015 PAGE 2 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may 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 Parks and Recreation Commission Meeting — January 22, 2015 — 7:00 p.m., Windmill Community, Room, 21810 Copley Drive. 5.2 Planning Commission Meeting — January 27, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting - February 3, 2015 — 6:30 p.m. AQMD/Government Center Auditorium, 21865 Copley Drive. 5.4 Household Hazardous Waste and E -Waste Roundup — Saturday, February 14, 2015 — 9:00 a.m. — 3:00 p.m. — Gateway Corporate Center - 1300 Block of Bridge Gate Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Adjourned Regular Meeting January 5, 2015. (b) Regular Meeting of January 6, 2015. Recommended Action: Approve as submitted. Requested by: City Clerk January 20, 2015 PAGE 3 6.2 Traffic and Transportation Commission Minutes: (a) Regular Meeting of October 9, 2014. (b) Regular Meeting of November 13, 2014. Recommended Action: Receive and File. Requested by: Public Works Department 6.3 Ratification of Check Register — Dated December 31, 2014 through January 14, 2015 totaling $986,081.06. Recommended Action: Ratify. Requested by: Finance Department 6.4 Authorize the City Manager to Execute any Necessary Documents/Agreements from Windstream for 36 Months of Phone Service, in an Amount Not -to -Exceed $50,000. Recommended Action: Authorize. Requested by: IS Department 6.5 Authorize the City Manager to Execute any Necessary Documents/Agreements from SC Fuels for 36 Months for City Vehicle Fuel Card Services, in an Amount Not -to -Exceed $100,000. Recommended Action: Authorize. Requested by: IS Department 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda # Meeting Date: �CITT .ten II DIAMOND BAR CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man g� {` Study Session 1/20/15 AGENDA REPORT TITLE: Lighting and Landscape Assessjment Districts (LLAD) #38, 39 & 41 RECOMMENDATION: The City Council LLAD Sub -committee and staff recommend: 1. LLAD #38 — Continue to subsidize costs from the General Fund. 2. LLAD #39 — Return annual assessment to the historical high of $236 per parcel from the current $130 per parcel. 3. LLAD #41 — Turn over the maintenance of HOA/private property parcels to Home Owners Associations where the parcels are located. Keep LLAD #41 in place and reduce or eliminate the current assessment of $220.50 per parcel, as determined to be in the best interest of the City and District. FINANCIAL IMPACT: 1. LLAD #38 — This District will continue to be subsidized from the General Fund with at least $140,000 per year, increasing annually with inflation. 2. LLAD #39 — By returning the assessment to the historical high of $236 per year, this District will generate $132,606 more revenue per year and reduce the current subsidy to $24,777 from $157,383. 3. LLAD #41 — Turning over the maintenance of HOA/Private Property parcels to the five (5) Home Owners Associations located in the District will save up to $129,313 in General Fund and Safe Parks Act subsidies per year. BACKGROUND: The City Council provided direction to staff at the July 15, 2014 Study Session to work with its consultant, SCI Consulting Group to: a) Impose an annual assessment for LLAD #39 in an amount equal to $236/parcel from its current $130/parcel, which was the amount approved by the property owners at the time the LLAD #39 was first formed; and b) Turn over the maintenance of Homeowners Association owned property and residential private property located in LLAD #41 to the HOAs and private property owners. Staff met with the City Council LLAD Sub -committee of Carol Herrera and Nancy Lyons on December 10, 2014 and with new committee member Jack Tanaka on December 23, 2014 to provide a progress report on the two districts stated above. The purpose of this report is to update and request City Council's approval of the City Council LLAD Sub -committee's and staff's recommendations. DISCUSSION: LLAD #39 SCI has reviewed the formation and related documents for LLAD #39 with the annual assessments levied in previous years. SCI has confirmed that $236 is the same amount that was assessed in 1985 when the District was first formed and the highest amount that has been assessed. The City Council LLAD Sub -committee and staff recommend that the assessment be returned to $236 effective for the 2015/16 tax year. As previously discussed, based on $236/parcel assessment amount, the General Fund subsidy amount will be reduced from the current amount of $157,383/fiscal year to $24,777/fiscal year. The required assessment engineering and levy administration work can be accomplished by the end of July 2015. Following is the recommended schedule/steps to approve an assessment for LLAD #39 at $236: January 20, 2015 — City Council study session for staff to provide updates on Districts. February 3, 2015 — Approval of initiating Resolutions directing staff to prepare the Engineer's Reports. April 7, 2015 — Set public hearing date for May 5, 2015. Send letters to LLAD #39 property owners notifying them of public hearing. There are a total of 1,251 parcels. May 5, 2015 — Conduct public hearing. Receive input for LLAD #39 property owners. June/July, 2015 — Complete the updates to return the annual assessment to $236/parcel. LLAD #41 SCI has reviewed the formation documents for LLAD #41 and has found no reason that would prevent the City Council from turning over the maintenance of Homeowners Association owned property and residential private property in the District to the HOAs and private property owners. There are a total of 554 parcels and the current annual assessment is $220.50/parcel. The current fiscal year General Fund subsidy amount is $124,313, plus an additional subsidy of $5,000 from restricted Safe Parks Act funds for the CCC to provide weed abatement services. This brings the total subsidy to $129,313. Staff recommends that the City Council direct staff to start communications with the five (5) HOAs within LLAD #41 after May 5, 2015 (assuming the public input process for LLAD #39 has been completed) about the City's plans to turn over the maintenance of their property to them. Depending on the outcome of these discussions, it could take a year to 18 months to finalize. Any considerations of changes in the assessment amount will likely be for the 2016/17 or 2017/18 tax year. PREPARED `&IREVIEWED BY: rector of Community Services Attachment: PowerPoint Presentation Pd 1 David Ld ' Director of Public Works Lighting & Landscaping Assessment Districts CITY COUNCIL STUDY SESSION, JANUARY 20, 2015 AT 5:30 P.M. LLADs: General Fund Subsidy Subsidy from General Fund District 38 District 39 District 41 CITY OF DIAMOND BAR LIGHTING & LANDSCAPE ASSESSMENT DISTRICTS SUMMARY OF GENERAL FUND SUBSIDY FY 2006/07 - FY 2014/15 estimated budget 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2006/07 FY - 2014/15 FY Personnel Totals Costs GRAND TOTAL - 107,454.72 14,807.00 27,615.82 17,712.00 64,302.00 99,237.00 331,128.54 318,825.33 628,163.64 District 38 36,694.88 171,232.37 57,042.00 68,652.00 95,652.00 110,984.00 116,237.00 656,494.25 318,825.33 953,529.35 District 39 - - 37,888.00 22,723.00 27,656.00 83,537.00 171,804.00 318,825.33 468,839.10 District 41 GRAND Total General Fund Subsidy 1,159,426.79 956,475.99 2,115,902.78 TOTAL Centralized Irrigation Installed LLAD #38 Parcels: 17,883 Assessment: $15.00 per year Revenue per year: $268,245 GF Subsidy per year: $140,013 GF Subsidy since 06/07FY: $649,953 All maintenance is in the Public Right of Way. The improvements are consider a general benefit, not a special benefit. LLAD #39 Parcels: 1,251 Current Assessment: $130.00 per year Proposed New Assessment: $236.00 per year Current Revenue per year: $162,630 Proposed Revenue per year: $295,236 Current GF Subsidy per year: $157,383 Proposed GF Subsidy (includes Personnel Costs of $40,776): $24,777 Maintained Parcels: 129 parcels Maintained Private Property: 117 parcels Maintained City Owned: 11 parcels Other (PUSD): 1 parcel 9 b4 O C >F � i tb t'cyti uN,r'. a �F S !r ggT9 I f1 W i dF b, pj eg�',� Ft .ek�nfla! i #� S F'F:q ✓ Tr 9 b4 O C >F � i tb t'cyti uN,r'. a �F S !r ggT9 I f1 W i dF b, pj eg�',� Ft .ek�nfla! i #� S F'F:q ✓ a � ,� 1�� 4 F 1 ri Q� Y< �t b' Staff's Recommendations 1. LLAD #38 - Continue to subsidize costs from the General Fund. 2. LLAD #39 - Return assessment to the historical high of $236 per year from the current $130 per year. 3. LLAD #41 - Turn over the maintenance of HOA/Private Property parcels to Home Owners Associations that the parcels are in. Keep LLAD #41 in place and reduce or eliminate assessment. LLAD #39 Current Assessment: $130 Historical High Assessment: $236 Revenue from $130 assessment: Revenue from $236 assessment: Current Annual LLAD #39 costs: $162,630 $295,236 $320,013 (costs include $40,776 in personnel costs) GF Subsidy required for $130 assessment: $157,383 GF Subsidy required for $236 assessment: $24,777 Savings to General Fund: $132,606 per year LLAD #41 Current Assessment: $220.50 Revenue from $220.50 assessment: $122,157 Current Annual LLAD #41 costs: $264,313 (costs include $40,776 in personnel costs) GF Subsidy required for $220.50 assessment: $124,313 Safe Parks Act Subsidy per year: 5,000 Total Subsidy per year: $129,313 Eliminate HOA/Private Property parcels: save up to $129,313 GF and Safe Parks Act Subsidy required if Maintenance of HOA/Private Property is Removed: $0.00 Savings to General Fund: up to $124,313 per year Proposed Schedule for Next Steps: Tonight - Approve staff's Recommendations. LLAD #39 February 3, 2015 - Approval of initiating Resolutions directing staff to prepare the Engineer's Reports. April 7, 2015 -Set public hearing date for May 5, 2015. Send letters to LLAD #39 property owners notifying them of public hearing. There are a total of 1,251 parcels. May 5, 2015 - Conduct public hearing. Receive input for LLAD #39 property owners. June/July, 2015 - Complete the updates to return annual assessment to $236/parcel. 2015/16 Tax Year—Assessment of $236/parcel will be assessed for LLAD #39. LLAD #41 After May 5, 2015 - Start communications with the five (5) HOAs. Depending on the outcome of these discussions, it could take a year to 18 months to finalize. By 2016/17 or 2017/18 tax year - Turn over maintenance to HOAs and private property owners. Questions? Agenda No MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 5, 2015 1. CALL TO ORDER: Mayor Tye called the Adjourned Regular City Council meeting to order at 3:00 p.m. in the Diamond Bar City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765 2. PLEDGE OF ALLEGIANCE: M/Tye led the Pledge of Allegiance. 3. ROLL CALL: Council Members Herrera, Tanaka, Mayor Pro Tem Lyons, Mayor Tye Staff Present: James DeStefano, City Manager; Ryan McLean, Deputy City Manager; Anthony Santos, Management Analyst; Marsha Roa, Public Information Manager, and Tommye Cribbins, City Clerk. 4. PUBLIC COMMENTS: None 5. COUNCIL CONSIDERATION: 5.1 Discussion and Action Regarding Appointment to Fill Vacant City Council Seat — Interview Process, Length of Term, Appointment, Elections and Next Steps. M/Tye asked for discussion and consensus on the length of term and next steps. C/Tanaka stated that since the Council is making an appointment he would be in favor of appointing the individual to the balance of the term, not incur the additional expense of a special election and maintain the current rotation for the regular election cycle. C/Herrera concurred with C/Tanaka. MPT/Lyons said she felt it was important to give the citizens an opportunity to vote for the Council Member who will represent them and she preferred that the appointment continue only until the next logical election without additional cost. M/Tye agreed that an individual should be appointed to complete the entire term because he believed that 10 months was too short an appointment and that it was incumbent upon the sitting Council to make decisions on behalf of their constituents who elected them to make these kinds of decisions. C/Tanaka moved, C/Herrera seconded, to appoint an individual to serve for the full term. Motion carried by the following Roll Call vote: 6.1(a) January 5, 2015 PAGE 2 CITY COUNCIL AYES: COUNCIL MEMBERS: Herrera, Tanaka, Mf -Fye NOES: COUNCIL MEMBERS: MPT/Lyons ABSENT: COUNCIL MEMBERS: None M/Tye confirmed that the scheduled interviews would last a maximum of 15 minutes with 5 or 10 minute breaks taken as needed. 5.2 The following applicants were Interviewed and considered for appointment to fill the vacant City Council seat: Robert Nishimura Ron Everett Ali Jakvani David T. Liu Tulsi Savani Jimmy Lin Peter Pirritano Andrew Wong Joyce C. Young Kim K. Hsieh Shawn Dhand CM/DeStefano stated that the next step in the process is Council's deliberation on the candidates and if the Council reaches a conclusion on a selection this evening, the candidate can receive the oath of office tonight or tomorrow night during the regular January 6, 2015 Council Meeting. Council has until the end of January to reach a decision on whether it wishes to appoint or call for an election. All deliberations need to be done in public. Council Members agreed to discuss the results of the interviews and commenced deliberation. C/Herrera said she was honored and flattered that eleven very highly qualified, educated and selfless individuals completed applications and interviewed to be a part of the City Council. She is somewhat taken aback by the high caliber of individuals who applied for this position and everyone who went through the interview process did an extremely good job. Many individuals have many skills, talents and much to offer the City. There are a couple of individuals who stand out more than other candidates and she is evaluating those individuals based on the City's needs. Diamond Bar has some specific needs in the very near future and she believed a couple of candidates would help fill those needs more than other candidates; and, when the time comes after other Council Members comment she would be pleased to make a nomination. C/Tanaka thanked everyone who took time and interest to fill out the application and come to tonight's interview. He learned a lot more about individuals who live in this community. He commented to the Mayor that he wondered where these individuals were during the regular election cycle and was reminded that three of the interviewees had applied for Council positions in the past. He too has his eye on standout candidates who he feels would be of great assistance in fulfilling the City's needs and January 5, 2015 PAGE 3 CITY COUNCIL would be willing to discuss those individuals upon completion of Council comments. MPT/Lyons stated she too was very impressed with the quality of the candidates as well as, the time spent putting together their applications and letters of experience. Many candidates are very qualified and she agreed with C/Herrera and C/Tanaka that there are candidates who seem to be head and shoulders above the rest and even super qualified and wondered why those candidates had not participated previously. It was a good process. M/Tye stated that the Council had a lot of reading to do and he appreciated each candidate's participation. It seems it should be an easy decision but it is not. The candidates made it a difficult decision which he believes is a good thing because the process should make it a difficult decision. C/Herrera said that considering traffic is one of the greatest issues and challenges for the City she nominated Jimmy Lin to serve as Council Member serving the remainder of the open term until November 2017. MPT/Lyons seconded the nomination. C/Tanaka asked if additional nominations were appropriate at this time. CA/DeBerry responded that there was a nomination and second and the Council should proceed to take action on that nomination. During the roll call vote, M/Tye asked if an abstention from him would fail the motion. CA/DeBerry explained that there is no super majority requirement for voting on a Council Member. Appointment of a council member requires only a majority vote. If a council member abstains and two vote for the appointment that will result in the appointment being made. M/Tye voted yes and said he was hoping the vote could be taken again because he would like for it to be unanimous. Upon completion of the following Roll Call vote, Jimmy Lin was appointed to serve as City Council Member for the remainder of the open term until November 2017: AYES: COUNCIL MEMBERS: Herrera, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: Tanaka ABSENT: COUNCIL MEMBERS: None January 5, 2015 PAGE 4 CITY COUNCIL 6. ADMINISTRATION OF OATH OF OFFICE: CM/DeStefano asked if Council would like Mr. Lin to take the Oath of Office tonight or during tomorrow night's Council Meeting. MPT/Lyons suggested perhaps Mr. Lin would like to have his family present. C/Tanaka said he would prefer the Oath be given during tomorrow's regular City Council Meeting. M/Tye asked Mr. Lin what he preferred. Mr. Lin deferred to M/Tye. CM/DeStefano recommended that if it is to be done during the January 6 regular meeting the item should be moved to the beginning of the agenda so that it can be done when the agenda is approved at the beginning of the Council meeting. M/Tye said he would prefer the Oath be administered this evening and again tomorrow evening for ceremonial purposes, if so desired. CM/DeStefano asked for input from all Council Members. C/Herrera said she believed it was more logical to administering the Oath tonight. M/Tye asked CC/Cribbins to administer the Oath of Office to Mr. Lin. CC/Cribbins administered the Oath of Office to Jimmy Lin. Mr. Lin said he appreciated the City Council's trust in providing him with the opportunity to serve the community and is committed to providing the best possible service to the City. He thanked the other candidates who were equally qualified and hoped they would continue their interest in serving the City. 7. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the Adjourned Regular Meeting at 6:44 p.m. to the Regular City Council Meeting of January 6, 2015 at 6:30 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2015. STEVE TYE, MAYOR Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 6, 2015 CALL TO ORDER: Mayor Tye 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. PLEDGE OF ALLEGIANCE: Jimmy Lin led the Pledge of Allegiance. INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church, gave the invocation. ROLL CALL: Council Members Herrera, Tanaka, Mayor Pro Tem Lyons, Mayor Tye. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Deputy City Manager; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Dianna Honeywell, Finance Director; Grace Lee, Sr. Planner; Kimberly Young, Senior Civil Engineer; Marsha Roa, Public Information Manager; Anthony Santos, Management Analyst; Cecilia Arellano, Public Information Coordinator; Alfa Lopez, Management Analyst, and Tommye Cribbins, City Clerk. M/Tye announced that during last night's Adjourned Regular Meeting, the City Council interviewed 12 candidates for the vacated City Council seat upon Ling -Ling Chang's election to the State Assembly. Upon conclusion of deliberation and Council concurrence to appoint a City Council Member, Jimmy Lin was nominated and appointed to serve the remainder of the term until November 2017 and was given the Oath of Office by CC/Cribbins. MPT/Tye introduced newly appointed Council Member Jimmy Lin. C/Lin said he was overwhelmed to have been appointed to fill the City Council vacancy. He thanked the citizens and the City Council for giving him the privilege to serve the City. He has lived in many places throughout the world and has visited more than 60 countries. When he visited Diamond Bar he knew this is where he wanted to retire. Diamond Bar is a very livable City and he has devoted eight years as a volunteer on the Traffic and Transportation Commission and the Planning Commission. He pledges to give his all to sustaining and enhancing the quality of life in Diamond Bar. C/Lin then took his seat on the dais. APPROVAL OF AGENDA: Approved with the removal of Item 8.1. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None January 6, 2015 PAGE 2 CITY COUNCIL 3. PUBLIC COMMENTS: Debbie Avila -Mott invited the community to the Diamond Bar Women's Club's 1920's Casino Night at the Diamond Bar Golf Course on February 6, 2015 from 6:30 to 11:00 p.m. Tickets are $50 per person which includes dinner, $50 worth of chips, a complimentary glass of wine and photos. Ben Wong, Public Affairs Regional Manager, Southern California Edison, said he would be an interim replacement for retiring Manager Rick Meza. He also provided Council with copies of his resume and business cards. Grace Lim -Hays spoke on behalf of herself and her neighbor Edda Dandrige representing Hampton Court HOA and thanked the City for putting up signage regarding the continuing issue of trucks entering Washington Street and getting trapped at the end of the cul-de-sac. Unfortunately, during the New Year's weekend a truck was trapped in the cul-de-sac and that a gentleman who was visiting on Hampton Court and was himself a truck driver coached the truck out of the area. Even though the sign says "no trucks" she believes trucks enter the area believing they can gain access to Baker's Parkway. She suggested the sign should read "No Baker Parkway Access" from Washington Street. Ms. Lim -Hays also stated that they are concerned about the massive amount of grading in their neighborhood on the City of Industry side. Although there is a sound blanket on the east side there is no provision on the west side near their neighborhood and it is very noisy and hundreds of rabbits and mice have invaded the area. She asked if Diamond Bar could provide assistance with the rodent infestation, noise and dust. Pui-Ching Ho, Diamond Bar Library invited children and their families to visit the library for a puppet show on Wednesday, January 14 at 4:00 p.m. and the Buster Balloon event on Saturday, January 17 at 2:00 p.m. To learn more about the library and its programs visit the webpage at www.colapublib.orq Carolyn Anderson asked residents to attempt to find another home for their bulky items by listing them on www.freecycie.com or contact Habitat for Humanity's Restore, Salvation Army, etc. and after all efforts for recycling have failed, call Waste Management for collection at 1-800-266-7551 to schedule a pickup which is a free service to residents four times a year. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responded to residents of the Hampton Court HOA that he would ask PWD/Liu to work with Grace and Edda by looking into their suggestion to determine whether it is appropriate with respect to signage on public roadways and to look at other options to keep truckers off of Washington Street. With respect to grading near the neighborhood, the City of Industry has commenced a year and one-half long grading operation on top of the hill adjacent to the January 6, 2015 PAGE 3 CITY COUNCIL Hampton Court condominium complex and residences off of Lycoming, Washington Street and streets in between. The City of Industry sent a letter to all of the neighborhoods adjacent to the grading project late November/early December 2014 that detailed the type of work that would be done, the hours of operation and that the work was being done for one of two projects, either a stadium anchor project or an office, industrial and retail project. Both projects were approved by the City of Industry and commented upon by the City of Diamond Bar several years ago. Reference was made to one of the Environmental Mitigation Measures that incorporates the use of "sound blankets" adjacent to some of the residential properties in order to deal with noise but primarily to deal with dust. Those sound blankets were not located near the Hampton Court condominiums because they are several feet (100 or more) below the top of the hill where the grading operation is taking place. Sound blankets were required on the other side of Grand Avenue closer to Neil Armstrong Elementary School and adjacent neighborhoods because some of the grading in that area of the project is immediately adjacent to, if not at the same elevation (grade level) as the nearby residential properties. With respect to rodent control there are provisions built into large grading operations to deal with rodent control but as the speaker said the project that took place about 15 years ago did create concerns addressed by the residents. Diamond Bar will contact the City of Industry and ask them to look into those issues and staff will follow up with the City of Industry to see whether there is anything that can be done to help with those issues because rodents and animals do move to seek shelter away from the site where noise, vibration, etc. is taking place. M/Tye asked if instead of signs on Washington Street the City could consider traffic calming measures (shoulders extending out) similar to what was done in the Rock River area. CM/DeStefano responded that devices such as chicane's can be considered. This would be similar to what was done on Sunset Crossing many years ago where a very wide street like Washington which lies within a residential neighborhood was narrowed down through the installation of a median and other techniques to make it less attractive for the wrong types of vehicles to be driven through the area. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Traffic and Transportation Commission Meeting — January 8, 2015 - 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Planning Commission Meeting — January 13, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive (Canceled). 5.3 Winter Snow Fest — January 17, 2015 — 9:00 a.m. to 3:00 p.m., Pantera Park, 738 Pantera Drive. January 6, 2015 PAGE 4 CITY COUNCIL 5.4 City Council Meeting — January 20, 2015 — 6:30 p.m., SCAQMD/Government Center, 21865 Copley Drive. 6. CONSENT CALENDAR: MPT/Lyons moved, C/Herrera seconded, to approve the Consent Calendar as presented, with C/Lin abstaining from voting on Item 6.1 and with both MPT/Lyons and M/Tye recusing themselves from consideration of Item 6.8. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lin, Tanaka, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of December 16, 2014. 6.2 RATIFIED CHECK REGISTER — Dated December 11, 2014 through December 31, 2014 totaling $1,726,352.29. 6.3 APPROVED TREASURER'S STATEMENT for November 2014. 6.4 APPROVED FOR SECOND READING AND ADOPTED ORDINANCE NO. 01(2015): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING SECTION 12.00.240 RELATING TO PARKING OF MOTOR VEHICLES IN CITY PARKS. 6.5 EXONERATED SURETY BOND NO. CMS -244886: TO COMPLETE GRADING IMPROVEMENTS AT 20405 WALNUT DRIVE (RESTAURANT DEPOT). 6.6 REDUCED 55.6% OF SURETY BOND NO. 929590937 TO COMPLETE IN -TRACT STREET IMPROVEMENTS FOR TRACT MAP NO. 72295 - (WILLOW HEIGHTS LOCATED AT THE SOUTHEAST CORNER OF DIAMOND BAR BOULEVARD AND BREA CANYON ROAD). 6.7 AWARDED PROFESSIONAL CONSULTING SERVICES CONTRACT FOR PAVEMENT MANAGEMENT SYSTEM (PMS) UPDATE TO NICHOLS CONSULTING ENGINEERS (NCE) IN THE AMOUNT OF $43,000 AND AUTHORIZED A CONTINGENCY AMOUNT OF $4,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $47,000. 6.8 ADOPT RESOLUTION NO. 2015-01: APPROVING FINAL TRACT MAP NO. 72351, FOR THE SUBDIVISION OF AIR SPACE FOR A 19 -UNIT OFFICE CONDOMINIUM, LOCATED AT 660 NORTH DIAMOND BAR BOULEVARD. January 6, 2015 PAGE 5 CITY COUNCIL 7. PUBLIC HEARING: 7.1 ORDINANCE NO. 02(2015): INTERIM ORDINANCE OF THE CITY OF DIAMOND BAR PURSUANT TO GOVERNMENT CODE SECTION 65858 TEMPORARILY PROHIBITING THE ESTABLISHMENT, EXPANSION OR RELOCATION OF MASSAGE ESTABLISHMENTS CITYWIDE AND DECLARING THE URGENCY THEREOF. CM/DeStefano introduced this item and stated that this ordinance, if approved, would temporarily prohibit the establishment, expansion or relocation of massage establishments citywide and by adoption, the City Council is declaring the urgency thereof for this action. He introduced SP/Lee to provide staff's report. SP/Lee stated that this agenda item is an Interim Urgency Ordinance to temporarily prohibit massage establishments citywide. The Interim Ordinance is a 45 -day moratorium on issuing land use permits and business license for the establishment, expansion or relocation of massage establishments citywide until staff researches and drafts new regulations that are consistent with current State Law for the City Council's adoption. In 2008 the Governor signed SB731, the purpose of which was to professionalize the massage industry by creating uniform standards for massage practitioners and therapists. In 2010 AB619 modified SB731 which clarified the vague language in SB731. SB731 and AB619 established a voluntary certification process and created a new non-profit corporation called the California Massage Therapy Council (CMTC) to administer the certification process. Under specified circumstances these laws pre-empted cities and counties from imposing many of their land use controls in regulating massage establishments. It severely limited the manner in which cities could regulate massage businesses. With the passage of SB731 and AB619 there have been significant statewide increases in the number of massage establishments. The number of massage establishments here in Diamond Bar increased from four to fifteen (an almost 300 percent increase) and at least seven massage establishments were permitted to open simply on the basis that the owners and/or massage technicians were CMTC certified. Within the dramatic increase in massage establishments, the number of elicit businesses have also increased in many cities. In September 2014 AB 1147 was passed and it replaces SB731 and AB619 in its entirety and restores significant local land use authority and mandates significant reforms to the CMTC Board. AB1147 went into effect on January 1, 2015. The Ordinance being presented tonight places a moratorium on all massage establishments until new regulations are prepared. It will allow January 6, 2015 PAGE 6 CITY COUNCIL staff to study and draft the new regulations to the City's Municipal Code that is consistent with AB1147. Staff has begun research and is currently looking at new zoning and conditional use permit requirements, minimum distance requirements from schools and other sensitive uses, and regulating through inspections. Staff requests that the City Council adopt Interim Urgency Ordinance No. 02 (2015) which temporarily prohibits the establishment, expansion or relocation of massage establishments citywide. MPT/Lyons said she believed that there would be no change for established businesses at this point. SP/Lee responded that MPT/Lyons was correct as long as the establishment was not expanding. C/Lin said that he believed the law provided up to a 10 -month and 15 day moratorium and asked what would happen if staff was unable to come up with a new ordinance in 45 days. CM/DeStefano explained that the Government Code has a process for an interim ordinance as staff is suggesting for Council's approval tonight. The first step is a 45 -day term for such an ordinance and by the end of that 45 days, if staff needs more time which is likely, staff may come back to the City Council to ask for an additional 10 months and 15 days which brings the matter to a full year should Council approve that extension. There is also a final extension authorized by the Government Code, should the Council agree, for an additional year for a total two-year moratorium process that can be undertaken to allow for this type of research and development of a new code provision. Council has utilized this process over the years for various items for which the City needed to gain a bit more control over. The City cannot move forward with an additional amount of time tonight because the State Government Code does not allow for it. M/Tye opened the Public Hearing. With no one present who wished to speak on this matter, M/Tye closed the Public Hearing. C/Herrera moved, C/Tanaka seconded, to adopt Ordinance No. 02(2015): Interim Ordinance of the City of Diamond Bar Pursuant to Government Code Section 65858, temporarily prohibiting the establishment, expansion or relocation of massage establishments citywide and declaring the Urgency thereof. Motion carried by the following Roll Call vote: January 6, 2015 PAGE 7 CITY COUNCIL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Herrera, Lin, Tanaka, MPT/Lyons M/Tye None None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Lin said he was very happy to be seated on the City Council and thanked his colleagues for their vote of confidence. C/Tanaka wished everyone a Happy 2015. On December 18 he attended the City Staff Holiday Luncheon; Sunday, December 21 he attended the Sunshine Seniors Christmas Party and on December 23 he received an update and tour of the Lighting and Landscape Districts No. 39 and 41 and thanked CSD/Rose and PWD/Liu for their outstanding presentations. On December 31 he joined the Diamond Bar Seniors at Heritage Park for their New Year's Eve Celebration. He thanked the 11 applicants who took time to apply and participate in the interview process for the vacant City Council position and congratulated C/Lin on his appointment. C/Herrera welcomed newest Council Member Jimmy Lin. It was quite a four- hour process last night interviewing 11 applicants who were very impressive. The high-caliber and educational levels of the applicants was inspiring and all had many skills and talents to offer. Invariably, one candidate rises to the top for various reasons and Jimmy Lin was that person for which she was very pleased. She wished everyone a Happy New Year. MPT/Lyons said it was a very long evening yesterday spent reviewing the applications and learning of the qualifications of the 11 applicants. All were very good but at the end of the day in terms of experience on Commissions, Jimmy Lin stood out and she and her colleagues look forward to working with him. It was her great pleasure to be able to purchase gasoline at the Shell Station at the north end of town twice in the last couple of weeks. Even though she lives several miles from the station she was so happy it was open she traveled those miles to take advantage. She encouraged residents to attend the Snow Fest. M/Tye welcomed Council Member Jimmy Lin and thanked him for his years of service on the Planning Commission and Traffic and Transportation Commission. He and his colleagues look forward to serving with C/Lin on the City Council. C/tin's appointment opens a position on the Planning Commission and he asked CC/Cribbins to advertise the opening. In addition, with David DeMers being promoted to a position in Sacramento there are two positions now open on the Wildlife Corridor Conservation Authority Advisory Committee for those who are interested. The City Council interviewed 11 people yesterday who are perfectly capable of these three positions and asked for their consideration in taking advantage of their willingness to serve. He wished everyone a Happy New Year. January 6, 2015 PAGE 8 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Tye adjourned the City Council Meeting at 7:18 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2015. STEVE TYE, MAYOR CITY OF DIAMOND e OCTOBER CALL TO ORDER: Agenda No. 6.2(a) Chair Mahlke called the meeting to order at 7:03 p.m. in the Diamond Bar City Hall Windmill Community Room, 21810 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: ROLL CALL: Also Present: Commissioner Mok led the Pledge of Allegiance. Commissioners Ken Mok, Ed Pechy, Manisha Sulakhe, Vice Chair Ted Carrera, Chair Jen "Fred" Mahlke APPROVAL OF MINUTES: David Liu, Public Works Director; Kimberly Young, Senior Civil Engineer; Christian Malpica, Associate Engineer; John Beshay, Associate Engineer; Sterling Mosley, Assistant Engineer, and Marcy Hilario, Administrative Coordinator. A. Minutes of the July 10, 2014 Regular Meeting. VC/Carrera moved, C/Pechy seconded, to approve the Minutes of the July 10, 2014regularmeeting as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mok, Pechy, Sulakhe, VC/Carrera, Chair/Mahlke NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None II. PUBLIC COMMENTS: None III. ITEMS FROM STAFF: A. Receive and File Traffic Enforcement Updates for: 1. Citations: July, August and September 2014 2. Collisions: July, August and September 2014 3. Street Sweeping: July, August and September 2014 OCTOBER 9, 2014 PAGE 2 T&T COMMISSION I\7 V. VI. C/Mok moved, VC/Carrera seconded, to receive and file the Traffic Enforcement Update reports for July, August and September 2014. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mok, Pechy, Sulakhe, VC/Carrera, Chair/Mahlke NOES: ABSENT: OLD BUSINESS: NEW BUSINESS: COMMISSIONERS: None COMMISSIONERS: None None PWD/Liu introduced the new addition to the Public Works Department, Associate Engineer, John Beshay. STATUS OF PREVIOUS ACTION ITEMS: AE/Malpica reported on an item brought forth by C/Sulakhe regarding the intersection of Cahill Place and Grand Avenue. Staff visited the site on several occasions immediately following commencement of the new school session. As of today, staff has not witnessed any traffic movement conflicts; however, we will continue to monitor the area. VII. ITEMS FROM COMMISSIONERS: C/Pechy thanked PWD/Liu and his staff for their efforts in successfully cleaning up the hillside opposite Sycamore Canyon Park. It looks very nice and presents quite a different image. In his travels throughout the City, he has observed an increasing amount of debris in the gutters and especially around the storm drain inlet areas, most likely due to the drought and growth of the City. C/Pechy asked if PWD/Liu could provide information as to why the residential streets are swept only every other week instead of on a weekly basis. When he conducted an informal survey of other cities, he found that their streets are swept on a weekly basis. PWD/Liu explained that based on current City service levels for street sweeping, it is on a bi-weekly basis with the exception of December and January when streets are swept on a weekly basis. He said he would communicate with the City's street sweeping contractor to determine why there is additional debris in and around the gutters and drainage systems. His understanding of field conditions is that bi-weekly street sweeping is adequate and perhaps there are problem spots where efforts could. be increased. It is also possible there are parking issues related to the ability to maintain effectiveness of the specific operation. PWD/Liu will look into the issue to see if there is something that can be done; however, if the City were to consider OCTOBER 9, 2014 PAGE 3 T&T COMMISSION weekly street sweeping, there would be additional considerations including parking needs and overall cost. If C/Pechy or other Commissioners have specific streets for which they have observed consistent problems, we would appreciate being informed because debris washing into the storm drain system is a very serious issue. C/Sulakhe asked who should be called in the event one observes problems on the streets. PWD/Liu responded that they should call the Public Works Department and speak with AC/Hilario or any staff member. The street sweeper is very responsive and will follow up on requests. If additional maintenance by Public Works staff is required, that will be augmented. Every day of the week parkways are cleaned by staff and if there are problems, they will be addressed. C/Mok inquired about a rebate or incentive programs being offered for people who remove lawns and install zeroscape landscaping. AENoung responded that the only rebate she is aware of is one Walnut Valley Water District provides to residents who remove grass or sod and replace it with artificial turf. The City's Planning Division has also lowered some of their fees because a zoning clearance is required. They have found ways to streamline the process in an effort to assist residents to save water and money. The City requires a certain percentage of landscaping in front yards and the artificial turf helps meet that requirement. VC/Carrera expressed a concern about the left -turn timing at Grand Avenue and Golden Springs Drive. He explained that there are two left -turn pockets at eastbound Golden Springs Drive. In the other intersections, there is a staggered two-lane pocket where two cars cannot pull too far forward to allow for motorists making a left turn. The westbound lanes are not staggered and there is no concrete median; therefore, a motorist coming from the freeway (southbound on Grand Avenue) will have difficulty making the turn. The video detection camera at that intersection may show this detail. VC/Carrera continued that as he leaves the golf course and proceeds to the left -turn pocket to go southbound on Grand Avenue, the vehicles in the left turn lane are compromised. AENoung stated staff would look into the situation and report back to the Commission. Chair/Mahlke thanked the Commissioners and staff for the opportunity to service the community for the past two years as a Traffic and Transportation Commissioner. She learned a lot and this experience allowed her to be herself. She appreciates being educated on how to be a Commissioner and the value and responsibility for serving the City. Although she is excited about the opportunity to serve on the Planning Commission, she will miss the Traffic and Transportation Commission which has been a very enjoyable experience. VIII. INFORMATIONAL ITEMS: A. Grand Avenue Beautification Project — PWD/Liu reported that the five picture boards presented to the Commission this evening were the same as presented to the community in April at the Open House. This project involves the two intersections of Grand Avenue at Diamond Bar Boulevard and Grand OCTOBER 9, 2014 PAGE 4 T&T COMMISSION Avenue at Longview Drive. The proposed improvements include decorative traffic signals at crosswalks featuring interlocking pavers with a diamond pattern as well as, upgrading medians and parkways with special design elements to add visual interest and highlight local history. Discussions include adding pedestrian accent lighting along the walkways and enhanced landscape palates in parkways and medians. Following the Open House in April, the City Council was made aware of the public feedback and later that month the concept plans were expanded into the final design plans which were presented to Council on July 1St. During that meeting, the Council concurred with the design plans and directed staff to move forward with the project. Due to the federal funding participation to satisfy the grant requirements, plans and specifications were submitted to Caltrans on July 30th for authorization to proceed. Subsequently, on September 10th, Caltrans notified the City that the plans and specifications had been approved and that the City could then advertise and award the project. As the final plans and specifications were wrapping up, a couple of additional elements were added, one of which was a street clock to be located in the median. The other features are entry monuments. These will be located in the extended median and at both sides of the roadway at the easterly border (Grand Avenue at Longview Drive). PWD/Liu indicated he is hopeful that the final updated concept plan visuals will be available by the next Commission meeting. The ultimate goal is to have entry statements at all City entry points. On October 21 st, staff plans to finalize this concept with the City Council and if approved, the last elements will be included in the final plans and specifications. In turn, the project will be advertised for bids during November and December with award of contract in January 2015 and completion slated for April/May 2015. B. 2014 TIGER Grant for the SR -57/60 Confluence Project — PWD/Liu reported that in early September, the City of Industry and Diamond Bar were advised that they are recipients of a grant in the amount of $10 million for the SR -57/60 Confluence Project. The grant was created by the Obama Administration's 2009 Economic Stimulus Bill. The program allows for states and cities to apply for funding for transportation projects that have a significant impact on the nation, a metropolitan area, or a region. This is a very big deal for Diamond Bar! The City unsuccessfully pursued this grant two years ago and decided to pursue the grant again this year. This decision was made because the two cities know this project is of both national and regional significance and will take until 2029 to implement. In this current grant cycle, $600 million was appropriated by Congress. USDOT is administering this program and awarded 72 projects from 46 states and Washington, D.C. Those chosen were selected from 797 applications from 49 states with a grant request total of $9.5 Billion. This project was one of the 72 projects selected. Staff feels very fortunate to have received this national award and knows there is a lot of hard work ahead. VC/Carrera thanked staff for their efforts and said he knew that when Congressman Shuster and Transportation Secretary Foxx visited the area to witness the situation, it meant that the proposal had regional and national OCTOBER 9, 2014 PAGE 5 T&T COMMISSION significance. He asked if this would be a Caltrans project with oversight from the Department of Transportation. PWD/Liu explained that for federally funded projects, it means that Caltrans will administer the project and the programming will be handled by Metro. Within a week of receiving word about this grant, both Caltrans and Metro contacted the City to begin the process of programming the $10 million. C/Sulakhe thanked staff for the great work in obtaining the grant and said she was very grateful to know the project would move forward. C/Pechy asked if the City would have input into the project. PWD/Liu responded that Diamond Bar has been involved from the very beginning. The City of Industry and Diamond Bar have been partnering and collaborating on this project for the past 10 plus years. We have put together the design and completed the EIR for the multi -phased approach. Up to this point, the cost for the design and environmental studies came from local pockets (City of Industry) and like all projects involving state roadways, Caltrans and Metro have been invited to join the collaboration through monthly stakeholder meetings. C. Diamond Ride Program Modifications — PWD/Liu provided a copy of updated rules and regulations to Commissioners for the City's Diamond Ride Program. Based on the latest modifications, the City will be able to maintain the service level while reducing the cost of the program. The program costs had risen to the point of depleting one of the City's major funding sources, Proposition C. Each year, the City receives about a $900,000 Prop C funds from Metro and in this current year, the City budgeted almost $600,000 for the Diamond Ride Program alone. This means that there is not much left for the other transportation projects such as new traffic signals, the Traffic Management Center, roadway projects, etc. In addition, staff began to realize that the Diamond Ride Program is probably one of the most generous of its kind when compared with other cities. Unfortunately, many users use this program as a primary mode of transportation and to take them to outside areas for shopping, etc. This program was intended to be supplemental and not primary. The City Council re-examined the program and its purpose and determined that the primary use was meant to be for medical purposes. In addition, the City has a program in place to encourage shopping locally. As a result, the program was modified to meet these objectives; therefore, new rules and regulations were put in place. The changes will become effective December 1, 2014, D. Request for "North Country" NTMP — PWD/Liu explained that this neighborhood is surrounded by Golden Springs Drive on the west, north of the freeway and just south of Temple Avenue. A few months ago, some residents approached the Sheriff's Department, staff, Council and T&T Commissioner requesting the City to begin looking at some speeding and traffic violation issues in their neighborhood. Since that time, the Sheriffs Department and staff have increased enforcement, conducted Neighborhood Watch meetings, OCTOBER 9, 2014 PAGE 6 T&T COMMISSION established communication with residents, etc. Staff recently introduced the neighborhood leader to the Neighborhood Traffic Management Program, guidelines and forms to let him know that this program is probably the best approach to address the concerns. It was also relayed that the residents would need to be involved in order to move to the next step. E. 2014 Citywide Speed Zone Survey — AE/Malpica reported that Council approved the first reading of the ordinance on June 17th and the second reading was approved on July 1st. The ordinance went into effect on August 1st which included eight sections of roadway with new speed limits posted. F. Traffic Signal Battery Backup Project — AE/Malpica reported that construction is on hold due to delay of equipment delivery. Tentative delivery date is November 12th with construction scheduled to begin the week of November 17th. Completion is anticipated by early December for the 14 units. G. NTMP — Castle Rock Road/Crooked Creek Drive Neighborhood — AE/Malpica stated construction was completed on August 22nd and the Notice of Completion was filed on September 16th. Following the six month monitoring period, staff will conduct new traffic counts to determine the effectiveness of the installed tools. Adjustments will be made as needed. H. Diamond Bar Boulevard and Kiowa Crest Median Modification Project - AE/Mosley reported that construction of the median modification was completed two weeks ago and the Notice of Completion was filed with the City Council on October 7th I. Morning Canyon Rehabilitation Project — AE/Mosley indicated that plans and specifications are being wrapped up with Onward Engineering. When finalized, staff will move forward with the engineering plans, after which the project will be advertised for bids with bid opening scheduled for early November. With the holiday season rapidly approaching, staff will begin the construction after January 1st J. Millennium Project (in The Country Estates) — SCENoung explained that this proposed project consisting of a 48 -lot single family home subdivision on 80 acres is within The Country Estates (Country) and has Tentative Tract Map approval which the City Council granted in 2006. The project has been in process since that time. Recently, there have been concerns raised from current residents of the Country who indicate they are opposed to this project and have voiced concerns about the project to staff and City Council. Because of these misperceptions and misunderstandings about the project, the City hosted a community meeting on September 9th to which all 888 Country residents were invited. About 300 people attended the meeting and staff presented the facts and details of the project (about 20 minutes) after which a Q&A continued for more than 1 '/z hours. This is an on-going project and staff continues to answer questions about the project. The project has a valid Tentative Map and it is continuing through the plan check process. The OCTOBER 9, 2014 PAGE 7 T&T COMMISSION Tentative Map expires in 2016 and the approval is subject to a one-year extension should Council choose to grant it. . VC/Carrera asked if the project included custom homes. SCE/Young responded that the house building plans have not yet been submitted; however, the intent is that they will be custom homes since they are within the Country. K. Lemon Avenue Interchange Project— SCE/Young reported that the right-of- way phase is proceeding; however, of the nine properties, allbuttwo have verbally 'or contractually (on paper) been settled that are in right-of-way for partial takes. Of the two remaining properties,, one owner has stated that he will hold out as long as he can to get more morSey. Caltrans continues their negotiation and the next step will be to file a lawsuit for condemnation. Staff hopes to go to the CTC for resolution of necessity in January. Once approved, the lawsuit can be filed. L. Area 2/Zone 1 Road Maintenance Project — SCE/Young stated that this I roject is near completion with the majority of work having been completed. The first coats of striping have been applied in the residential neighborhood and on the arterials. Most of the second coat has been applied in the residential neighborhood and staff anticipates the second coat on Diamond Bar Boulevard to be laid tomorrow evening with raised pavement markers (botts dots) being installed next week. This will complete the project. VC/Carrera asked if there was any impact from delay of this project into the school year due to the schools in the residential area. SCE/Young responded that staff required the contractor to work on Saturdays because the project went into the school season. VC/Carrera asked if the City incurred additional cost as a result. SCE/Young responded that it did not cause any additional cost for the City because the contractor worked Tuesday through Saturday to avoid overtime costs. M. Willow Heights Construction Update — SCE/Young explained that staff anticipates rough grading to be completed within the next month. Work is commencing along Diamond Bar Boulevard for installation of utilities: gas, cable and water lines. Working hours are restricted from 9:00 a.m. to 3:00 p.m. to not disrupt peak hour traffic. Once grading is certified and building permits are issued, models will be constructed within the following months with models being opened by March 2015. IX. SCHEDULE OF FUTURE CITY EVENTS: As stated in the agenda and corrected by AC/Hilario. PWD/Liu provided each Commissioner with a printed copy of the Traffic Signal Operation and Maintenance Master Plan. OCTOBER 9, 2014 PAGE 8 T&T COMMISSION ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/Mahlke adjourned the meeting at 8:10 p.m. The foregoing minutes are hereby approved this day of WWEL fa 12014. Respectfully, Dav G. e1u, Secretary Attest: Chair Ken Mok CITY OF DIAMOND NOVEMBERt CALL TO ORDER: Agenda No. 6.2(b) Vice -Chair Carrera called the meeting to order at -7:02 p.m. in the Diamond Bar City Hall Windmill Community Room, 21810 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: C/Pechy led the Pledge of Allegiance. ROLL CALL: Commissioners Ken Mok, Surendra Mehta, Ed Pechy, Manisha Sulakhe, Vice -Chair Ted Carrera Also Present: David Liu, Public Works Director; Kimberly Young, Senior Civil Engineer; Christian Malpica, Associate Engineer; John Beshay, Associate Engineer, and Marcy Hilario, Administrative Coordinator. I. REORGANIZATION OF THE TRAFFIC AND TRANSPORTATION COMMISSION: C/Pechy nominated C/Mok to serve as Chair of the Traffic and Transportation Commission. C/Sulakhe seconded the nomination. There were no other nominations offered. C/Mehta Yes C/Mok Yes C/Pechy Yes C/Sulakhe Yes VC/Carrera Yes VC/Carrera passed the gavel to Chair/Mok. II. APPROVAL OF MINUTES: A. Minutes of the October 9, 2014 Regular Meeting. VC/Carrera moved, C/Sulakhe seconded, to approve the Minutes of the October 9, 2014 regular meeting as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Pechy, Sulakhe, VC/Carrera, Chair/Mok None Mehta None NOVEMBER 13, 2014 PAGE 2 T&T COMMISSION (A V VI. • None ITEMS FROM STAFF: A. Receive and File Traffic Enforcement Updates for 1. Citations: August, September and October 2014 2. Collisions: August, September and October 2014 3. Street Sweeping: August, September and October 2014 C/Pechy asked how the City could have a DUI collision without a DUI arrest. PWD/Liu responded that he would have to get back to the Commission with a response. VC/Carrera asked if the descending number of citations on the street sweeping report was proportional to the reduced amount of street sweeping in the fall months. PWD/Liu responded that one factor could be a request for time off as well as, coordination of time shift issues. Without talking with the team specifically he would not be able to provide an accurate response. He will follow up with the Sheriff's Department to determine an accurate response. He further responded to VC/Carrera that the same bi-weekly schedule has been maintained. During December and January there is weekly street sweeping scheduled. C/Mehta moved, C/Sulakhe seconded, to Receive and File the Traffic Enforcement Update reports for August, September and October 2014. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mehta, Pechy, Sulakhe, VC/Carrera, Chair/Mok NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None OLD BUSINESS: None NEW BUSINESS: None VII. STATUS OF PREVIOUS ACTION ITEMS - Street Sweeping Concerns. SCE/Young reviewed the City's street sweeping procedures with the Commissioners in response to C/Pechy's inquiry during the October meeting. He mentioned concerns about accumulated debris he noticed in and around the City at catch basin inlets and also inquired about the reasons the street sweeping is done on a bi-weekly NOVEMBER 13, 2014 PAGE 3 T&T COMMISSION rather than a weekly basis. Street sweeping has been occurring by the current contractor since 2000 and has been and continues to be done via a contract with RF Dickson. Street sweeping was implemented in the City in order to be in compliance with the Storm Water Permit and to prevent debris and pollutants from entering the ocean through the City's storm drain system. Historically, street sweeping has occurred on a bi-weekly basis, which is a requirement of the permit and takes place the day following trash pickup. As a good faith measure, the City conducts street sweeping on a weekly basis in December and January, months thatwere determined to have the most leaves fall. Street sweepers have onboard GPS systems which allow the City to see in real time that the street sweeper is in the City, where the street sweeper is and how fast it is going. The City can see when water is engaged and when the broom is engaged and disengaged. All of this information is included in the report provided to the City by RF Dickson. At times, the City receives complaints that insufficient water is used, which presents a catch-22 situation because the sweeper is not permitted to use too much water which would be a storm drain violation. Accordingly, the sweeper is allowed to use only enough water for dust control. If the company uses too much water, it can be fined for non-compliance with the permit. The City often receives complaints from residents that the sweeper has avoided large piles in the gutter. In fact, the sweeper does so purposely because they may not be able to determine what is under a pile of leaves or needles. If debris consists of items such as an aluminum can, for example, it can damage the sweeper. Therefore, as part of the street sweeping policy, the contractor is permitted to go around very large piles of debris. When that happens, either the street sweeping company notifies the City or a resident can call the City and the City's maintenance crew will go out to pick up the pile of debris by hand. Staff regularly accepts calls from residents with areas of concern about debris the sweeper cannot get to and, in these cases, the City's maintenance crew visits the site to pick up the debris by hand. In addition, there is regular by -hand parkway maintenance along the arterials and in some residential areas such as Palomino Drive, where there is regular maintenance of hand sweeping and hand clean-up of pine needles around medians. Chair/Mok asked if cul-de-sacs are serviceable. SCE/Young responded that she believes they are, since the street sweeping company has never indicated a problem servicing cul-de-sacs. There are instances that low hanging trees are a problem and if the tree is not trimmed high enough for the sweeper to move under the branches, the sweeper will go around the area. Subsequently, the street sweeping company will notify staff that there is a tree obstructing its path and the maintenance crew will be dispatched to trim the tree. C/Sulakhe asked if the contract includes special assignments, such as clean-up after storms. SCE/Young explained that the City has separate storm patrol during a storm event with our in-house maintenance crews. During such an event, if there is a need for immediate street clean-up because of mudflow or other occurrences as a result of the storm, it is immediately taken care of by in-house maintenance or emergency service. C/Pechy asked if the City had experienced an increase in complaints about excessive debris in the streets and gutters. SCE/Young responded that she had not. She NOVEMBER 13, 2014 PAGE 4 T&T COMMISSION maintains a log of complaints that are received regarding street sweeping and there has not been an increase in complaints received. VC/Carrera asked if the City intended to provide magnetic street sweeping schedules this year. PWD/Liu indicated that in years past, the magnetic schedules have been provided to every household in the City; however, the last couple of years the magnets have been provided upon request. Also, they are available at the counter at City Hall and at special events. Residents can also check street signage and the City's website for schedule information that can be printed. VIII. ITEMS FROM COMMISSIONERS: VC/Carrera welcomed C/Mehta to the Commission and congratulated Chair/Mok on his election as Chair. C/Mehta said he was very happy to see that Commissioner Mok was selected to serve as the Chair of the Commission. C/Sulakhe asked if the audience members were present for something in particular and an audience member responded that they were present for a Scout project. Chair/Mok asked about an update for the NTMP for Castle Rock Road and Crooked Creek Drive and whether staff had received any responses or input from the neighborhood. AE/Malpica responded that there had been no complaints or feedback to date; however, the program is still in the six-month review phase. PWD/Liu stated that at the conclusion of the six-month review, staff will faring back the before and after information to see whether the traffic calming devices have served their purpose. Chair/Mok asked if there had been any movement on the North Country speeding issue that came up at the last meeting. PWD/Liu responded no. He went on to explain that staff has been working with one of the neighborhood watch captains in the neighborhood. Staff was able to provide information on how he could start a Neighborhood Traffic Management Program and defined an area so that he could begin communication with his neighbors. Staff also explained some of the traffic calming tools that might be used. The resident understood that he needs to reach out to his neighbors and report back to staff. C/Mehta asked what part of the City Chair/Mok was referring to. PWD/Liu explained that the North Country neighborhood is the northerly neighborhood bounded by Temple Avenue to the north and Golden Springs Drive to the west of the City limits. There is a very active and successful Neighborhood Watch program in the neighborhood. A few residents expressed interest and wanted to move forward with some type of traffic calming devices and as a result, staff introduced the NTMP to the residents. Staff is waiting for their response. Chair/Mok shared that as he was proceeding north on Grand Avenue making a left turn on Golden Springs Drive to come to tonight's meeting, he observed the light pole NOVEMBER 13, 2014 PAGE 5 T&T COMMISSION on the northwest corner is tilted and he would like for staff to look at the pole. He noticed the plate that is supposed to come into contact with the sidewalk is lifted on one corner. AE/Malpica responded that staff is aware of the problem which resulted from an accident that occurred over the weekend. Even though the plate is lifted, it is sustainable. However, staff requested a quote for a new pole and foundation and staff is working with the contactor on this matter. Typically, replacement of traffic signal poles can take two to three months to be delivered. Fortunately, the contractor has some of the smaller poles on hand and will be able to deliver the pole sooner. IX. INFORMATIONAL ITEMS: A. Grand Avenue Beautification Project — PWD/Liu reported that the Commission was presented with the conceptual plans and schedule for the intersections of Diamond Bar Boulevard and Grand Avenue and Longview Drive and Grand Avenue. Within the next month or so, staff will advertise the project. Shortly after the holidays, staff will open the bid process for construction scheduled for early spring. Included in the Commissioner's packets this evening is a copy of the power point presentation made to City Council on October 21St on what the entry monument signs will look like with the first installation located at the City entrance of Longview Drive and Grand Avenue. B. Comprehensive Groundwater Drainage Study—AE/Malpica stated thatthis study will develop a comprehensive plan and priority list to address several areas of ground water and/or area drainage that staff has observed over several years. These are areas which require on-going maintenance and attention beyond routine drainage maintenance. The areas currently being evaluated lie along Cold Springs Drive, Flapjack Drive, Ambushers Street, Golden Springs Drive near Northminster Church, Sapphire Lane, Moonlake Street, Calpet Drive, Cleghorn Drive and Brea Canyon Cutoff. A Request for Proposal (RFP) was issued on June 6, 2014 and on June 30, 2014 proposals were received, reviewed and evaluated by staff. Tait & Associates, Inc. was selected to provide these professional services. Their contract in the amount of $60,475 was approved by the City Council at its August 5th meeting. The study is currently underway and, as part of the scope of work, Tait will prepare a Comprehensive Drainage Analysis Report that includes geotechnical investigation, development of design concept plans and construction estimates for each of the proposed nine areas throughout the City. Each area will be prioritized and may be considered as part of the future Capital Improvement Projects as funding permits. The draft study is scheduled to be submitted to staff by the end of November for review with final submittal by January 2015. C. Traffic Signal Battery Backup Project — AE/Malpica updated the Commission stating construction continues to be on hold due to the delay of equipment delivery. The proposed delivery date is now set for November 18th. Staff anticipates that the contractor will install the units during that week or during the first week of December. Installation will take three to four days. NOVEMBER 13, 2014 PAGE 6 T&T COMMISSION C/Mehta asked if the traffic signals would be operational during installation. AE/Malpica explained that a battery backup unit is installed to support the traffic signal during unscheduled or unplanned power outages. Once the battery backup system is engaged, staff is notified and has an indication of the number of hours the system will remain working before the battery is depleted. During the switch -out, there will be a brief interruption while the old power unit is being removed and replaced by the new battery backup unit. The interruption would last for no longer than 10 minutes. D. Morning Canyon Rehabilitation Project — AE/Beshay reported that the project's scope of work is pavement rehabilitation including removal and replacement of 17 existing pine trees with new trees. The bid opening is scheduled for December 16th with selection of a contractor to the City Council for approval at its first meeting in January 2015. Construction is scheduled to commence mid-January. In addition to tree replacement, half of the street will be removed and repaved and the other half of the street will be ground and paved. E. Lemon Avenue Interchange Project— SCENoung stated that the Right -of - Way Acquisition phase is moving along. The last holdout verbally agreed to settle and if all goes as planned and all residents proceed with settlement, the Right -of -Way Certification could take place as early as January 2015. The project would then be ready to list in April 2015 with advertising in July and the 18 -month construction phase commencing in late 2015. VC/Carrera asked if the hold-out was a full or partial take. SCENoung reiterated that all are partial takes. F. Area 2 CDBG Sidewalk Replacement Project — SCENoung reported that the slurry seal in Area 2 was completed. During Phase 2 of this project, which is currently out to bid, many of the sidewalks will be replaced to provide a continuous path of travel and eliminate any potential tripping hazards due to tree root invasion. Bid opening is scheduled for November 19th and staff will go to Council thereafter with construction commencing in January 2015. G. Willow Heights Construction Update — SCENoung indicated that grading is coming to a close. There is significant work in the roadway areas by the utility companies that are installing their facilities and the Water District is onsite installing their facilities for the development as well. Next week, staff plans to release building permits so that Lennar can begin construction on the model units for the single family homes, detached single family units and the attached units. H. Reagan/Peterson Park Parking Lot Construction —AE/Beshay reported that this project consists of the expansion and rehabilitation of two park parking lots. At Reagan Park, 13 additional parking stalls will be constructed and at Peterson Park, up to 30 additional parking stalls will be constructed. This NOVEMBER 13, 2014 PAGE 7 T&T COMMISSION project is in the design phase, being done by Tait & Associates, Inc. Next week, the contractor will conduct its field survey and geotechnical investigation. Staff anticipates completion of the design phase by the middle of February 2015 with the contract going to Council for approval the first week of May 2015. Construction will commence at the end of June 2015. Chair/Mok asked for and received confirmation from AE/Beshay that there were 13 extra spaces at Reagan Park and 30 extra spaces at Peterson Park. Grading at Industry Business Center Site — SCE/Young stated that there has been significant grading along the City of Industry side of Grand Avenue. Last week, Industry notified the City that they will begin grading along the east side of Grand Avenue within the next few weeks. What will be built on the Industry side of the freeway is still to be determined. The site has been approved for two different developments, one the NFL Stadium and the other an Industry Business Center with industrial/commercial development. Diamond Bar has no information or confirmation which of the two will be constructed; however, both products have the same infrastructure backbone which the current grading operation will provide. Grading on the east side of the freeway will abut the homes along Prospectors Road and a sound blanket will be installed along the City limit at the rear of the homes on the Industry side. Notices will be sent to residents informing them that the sound blanket will be installed and if residents call about the project, they will be referred to the City of Industry to answer their questions and concerns. C/Sulakhe asked what was happening with the K -Mart plaza. PWD/Liu responded that the site continues to be a priority for the City in terms of the economic development opportunity. CM/DeStefano has been in discussions with the property owners and potential developers to consider possibilities for the site. The K -Mart location has always been a major entry for the City and offers many opportunities. X. SCHEDULE OF FUTURE CITY EVENTS: As stated in the agenda with the addition of two events: The Windmill Dedication, Thursday, November 20t' between 10:00 a.m. and 11:00 a.m. at Diamond Bar Towne Center, Diamond Bar Boulevard and Grand Avenue; and The Grandview Trail Opening, Saturday, November 22nd from 9:00 a.m. to 11:00 a.m. at the Diamond Bar Center, 1600 Grand Avenue. Chair/Mok stated that the parking for the Grandview Trail Opening is in the overflow parking lot. C/Sulakhe thanked AC/Hilario for keeping the Commissioners apprised of upcoming events, which is very helpful when Commissioners are busy attending meetings and events. NOVEMBER 13, 2014 PAGE 8 T&T COMMISSION ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/Mok adjourned the meeting at 7:47 p.m. The foregoing minutes are hereby approved this day of JAPhAkV 2015. Respectfully, Da4krG. LAd Secretary Attest: Cfiair Ken Mok CITY COUNCIL Agenda # 6.3 Meeting Date: January 20, 2015 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man aer TITLE: Ratification of Check Register dat d December 31, 14, 2015 totaling $ 986,081.06 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 986,081.06 in City funds. 2014 through January 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 December 31, 2014 through January 14, 2015 for $ 986,081.06 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:&O-Aj g L- i Finance Director Attachments: Affidavit and Check Register— 12/31/14 through 1/14/15. 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 December 31, 2014 through January 14, 2015 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description General Fund Prop A - Transit Fund Prop C - Transit Tax Fund Intergrated Waste Management Fund Com Dev Block Grant Fund LLAD 38 Fund LLAD 39 Fund LLAD 41 Fund Capital Imp Projects Fund Computer Eq Repl Fund Signed: Dianna Honeywell Finance Director Amount $909,719.05 $2,497.49 $6,343.12 $12,638.30 $507.32 $12,432.64 $12,109.88 $10,099.26 2,811.00 16,923.00 $986,081.06 SUNGARD PENTA14ATION INC DATE: 01/14/2015 CITY OF DIAMOND BAR TIME: 11:20:22 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20141231 00:00:00.000' and '20150114 00:00:00.000' ACCOUNTING PERIOD: 7/15 FUND - 001 - GENERAL FUND AMOUNT DB HISTORY BOOK CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 110555 12/31/14 ARCADIAP ARCADIA PUBLISHING INC 0014095 10100 110556 12/31/14 EVERGREE ROBYN A BECKWITH 0015340 10100 110556 12/31/14 EVERGREE ROBYN A BECKWITH 0015333 TOTAL CHECK 0.00 218.00 10100 110557 12/31/14 EVERGREE ROBYN A BECKWITH 0014093 10100 110558 12/31/14 CACOMMER CALIFORNIA COMMERCIAL LI 0015333 10100 110559 12/31/14 CACOMMER CALIFORNIA COMMERCIAL LI 0015333 10100 110560 12/31/14 CONSTHAR CONSTRUCTION HARDWARE CO 0015333 10100 110561 12/31/14 DHMAINTE DH MAINTENANCE 0015333 10100 110562 12/31/14 DUNNSFEN DUNN'S FENCE COMPANY 0015340 10100 110563 12/31/14 EDUCATIO EDUCATION TO GO 0015350 10100 110563 12/31/14 EDUCATIO EDUCATION TO GO 0015350 TOTAL CHECK TRAIL RULES SIGNS 0.00 250.70 10100 110564 12/31/14 FIDUCIAR FIDUCIARY EXPERTS LLC 0014050 10100 110565 12/31/14 GATEWAYC GATEWAY CORPORATE CENTER 0014093 10100 110566 12/31/14 IVHS HUMANE SOCIETY OF POMONA 0014431 10100 110567 12/31/14 IMPACTSI IMPACT SIGNS 0015340 10100 110568 12/31/14 INLAEMPI INLAND EMPIRE MAGAZINE 0014095 10100 110569 12/31/14 INLANDEM INLAND EMPIRE STAGES 0015350 10100 110569 12/31/14 INLANDEM INLAND EMPIRE STAGES 1125350 TOTAL CHECK 518.46 25TH ANNVSRY SHIRTS 0.00 10100 110570 12/31/14 KENSHARD KENS HARDWARE 0015333 10100 110570 12/31/14 KENSHARD KENS HARDWARE 0015340 10100 110570 12/31/14 KENSHARD KENS HARDWARE 0014093 10100 110570 12/31/14 KENSHARD KENS HARDWARE 0015310 TOTAL CHECK 140.92 10100 110571 12/31/14 LANDSEND LANDS' END BUSINESS OUTF 0014095 10100 110572 12/31/14 LANDSEND LANDS' END BUSINESS OUTF 0014095 10100 110573 12/31/14 LEAGUE LEAGUE OF CALIFORNIA CIT 0014090 10100 110574 12/31/14 LACPUBWK LOS ANGELES COUNTY PUBLI 0015340 10100 110575 12/31/14 LASHERIF LOS ANGELES COUNTY SHERI 0014411 10100 110575 12/31/14 LASHERIF LOS ANGELES COUNTY SHERI 0014411 PAGE NUMBER: 1 ACCTPA21 -----DESCRIPTION------ SALES TAX AMOUNT DB HISTORY BOOK 0.00 1,246.87 PLANT SERVICE @ HERITA 0.00 135.00 PLANT SERVICE @ DEC 0.00 177.00 0.00 312.00 MAINT PLANTS-C/HALL 0.00 377.00 LIGHTING -DBC 0.00 218.00 LIGHTING -DBC 0.00 103.99 HARDWARE -DBC 0.00 13.90 FLOOR SVCS -DBC 0.00 500.00 FENCING-P/PARK 0.00 2,000.00 STRESS MOST CERTIFIC 0.00. 54.00 SMART BOARD 0.00 65.00 0.00 119.00 CONSULTANT -457 PLAN 0.00 1,250.00 ASSOC DUE-JAN'15 0.00 1,785.00 ANIMAL CONTROL-JAN'15 0.00 10,083.33 TRAIL RULES SIGNS 0.00 250.70 ADV PLACMNT-DBC 0.00 995.00 SR EXCURSIONS 0.00 291.79 SR EXCURSIONS 0.00 649.46 0.00 941.25 SUPP-DBC 0.00 157.90 SUPP-PKS 0.00 347.63 SUPP-C/HALL 0.00 5.84 VEHICLE MAINT-F450 0.00 7.09 0.00 518.46 25TH ANNVSRY SHIRTS 0.00 2,824.13 SUPP-25TH ANNVSRY 0.00 295.55 MEMBERSHIP DUE 0.00 16,641.73 SUMP PUMP MAINT 0.00 214.54 LAW ENFORCE-NOV'14 0.00 447,341.72 LAW ENFORCE-NOV'14 0.00 140.92 SUNGARD PENTAMATION INC DATE: 01/14/2015 CITY OF DIAMOND BAR TIME: 11:20:22 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120141231 00:00:00.000' and '20150114 00:00:00.000' ACCOUNTING PERIOD: 7/15 FUND - 001 - GENERAL FUND AMOUNT LAW ENFORCE-NOV'14 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 110575 12/31/14 LASHERIF LOS ANGELES COUNTY SHERI 0014411 10100 110575 12/31/14 LASHERIF LOS ANGELES COUNTY SHERI 0014411 10100 110575 12/31/14 LASHERIF LOS ANGELES COUNTY SHERI 0014411 10100 110575 12/31/14 LASHERIF LOS ANGELES COUNTY SHERI 0014411 TOTAL CHECK 253.73 SUPP-DHC 10100 110576 12/31/14 LOWES LOWE'S BUSINESS ACCOUNT 0014093 10100 110576 12/31/14 LOWES LOWE'S BUSINESS ACCOUNT 0015340 10100 110576 12/31/14 LOWES LOWE'S BUSINESS ACCOUNT 0015333 10100 110576 12/31/14 LOWES LOWE'S BUSINESS ACCOUNT 0015310 TOTAL CHECK 80.00 10100 110577 12/31/14 MATTIERI RICK RAYMOND MATTIE 0014095 10100 110578 12/31/14 MTA METROPOLITAN TRANSPORTAT 1125553 10100 110578 12/31/14 MTA METROPOLITAN TRANSPORTAT 1125553 TOTAL CHECK 0.00 481.46 10100 110579 12/31/14 MOBILERE MOBILE RELAY ASSOCIATES 0014440 10100 110580 12/31/14 OLYMPIC OLYMPIC STAFFING SERVICE 0014030 10100 110581 12/31/14 PSTINC PUBLIC SAFETY TECHNOLOGI 0014411 10100 110582 12/31/14 PYROCOMM PYRO COMM SYSTEMS INC 0015333 10100 110583 12/31/14 REGIONAL REGIONAL CHAMBER OF COMM 0014096 10100 110584 12/31/14 REUELGRE GREGORY C REUEL 0014096 10100 110585 12/31/14 ROSSCREA ROSS CREATIONS 0015350 10100 110585 12/31/14 ROSSCREA ROSS CREATIONS 0015350 TOTAL CHECK 0.00 233.92 10100 110586 12/31/14 SOSSURVI SOS SURVIVAL PRODUCTS IN 0014440 10100 110587 12/31/14 SCE SOUTHERN CALIFORNIA EDIS 0014093 10100 110588 12/31/14 SCE SOUTHERN CALIFORNIA EDIS 1385538 10100 110589 12/31/14 SPARKLET SPARKLETTS 0014090 10100 110589 12/31/14 SPARKLET SPARKLETTS 0014090 TOTAL CHECK 10100 110590 12/31/14 SCGAS THE GAS COMPANY 0015333 10100 110591 12/31/14 THESAUCE THE SAUCE CREATIVE SERVI 0015350 10100 110592 12/31/14 WAXIESAN WAXIE SANITARY SUPPLY 0014093 10100 110592 12/31/14 WAXIESAN WAXIE SANITARY SUPPLY 0014093 10100 110592 12/31/14 WAXIESAN WAXIE SANITARY SUPPLY 0014093 TOTAL CHECK PAGE NUMBER: 2 ACCTPA21 -----DESCRIPTION---- SALES TAX AMOUNT LAW ENFORCE-NOV'14 - 0.00 580.58 LAW ENFORCE-NOV'14 0.00 665.45 LAW ENFORCE-NOV'14 0.00 7,798.61 LAW ENFORCE-NOV'14 0.00 9,180.01 0.00 465,707.29 SUPP-C/HALL 0.00 409.18 SUPP-PARKS 0.00 253.73 SUPP-DHC 0.00 119.45 SUPP-COMM SVC 0.00 -123.08 0.00 659.28 GROUP PHOTOES 0.00 150.00 20. TAP MTAREG 0.00 20.00 80% TAP MTAREG 0.00 80.00 0.00 100.00 REPEATER SVC-JAN'14 0.00 78.75 STAFFING - JANET M 0.00 79.44 RADAR/LIDAR CERTIFIC 0.00 150.00 DEC MAINT 0.00 481.46 SVC CONTRACT-NOV/DEC 0.00 2,000.00 DEC UPDATE APT 0.00 1,500.00 SOUNDS SERVICES 0.00 250.00 SOUNDS SERVICES 0.00 400.00 0.00 650.00 SUPP-EMERGENCY 0.00 1,362.02 UTILITIES-C/HALL 0.00 10,648.57 UTILITIES 0.00 27.66 WATER SUPPLIES 0.00 223.17 COOLER RENTAL 0.00 10.75 0.00 233.92 UTILITY -DBC 0.00 964.11 SNOW FEST BANNERS 0.00 654.00 CLEANING SUPP-C/HALL 0.00 460.36 CREDIT MEMO 0.00 -13.84 CREDIT MEMO 0.00 -12.79 0.00 433.73 SUNGARD PENTAMATION INC PAGE NUMBER: 3 DATE: 01/14/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 11:20:22 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tran6act.ck_date between '20141231 00:00:00.000' and '20150114 00:00:00.000' ACCOUNTING PERIOD: 7/15 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 110593 12/31/14 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPP-DBC 0.00 122.54 10100 110594 12/31/14 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPP-DHC 0.00 1,926.64 10100 110595 12/31/14 WESTCOAS WEST COAST ARBORISTS INC 0015556 CITY-WIDE TREE MAINT. 0.00 4,343.00 10100 110596 12/31/14 WCMEDIA WEST COAST MEDIA 0014095 ADV - DEC'14 0.00 500.00 10100 110597 12/31/14 ACSI ACSI 001 VARGAS C 0.00 272.69 10100 110598 12/31/14 PERSRETI PERS RETIREMENT 001 RETIRE CONTRIB(PEPRA) 0.00 825.40 10100 110598 12/31/14 PERSRETI PERS RETIREMENT 001 SURVIVOR BENEFIT 0.00 50.22 10100 110598 12/31/14 PERSRETI PERS RETIREMENT 001 RETIRE CONTRIB-EE 0.00 13,569.37 TOTAL CHECK 0.00 14,444.99 10100 110599 12/31/14 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 PAYROLL DEDUCTN 0.00 28,015.14 10100 110599 12/31/14 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 LOAN DEDUCTIONS 0.00 3,003.19 TOTAL CHECK 0.00 31,018.33 10100 110600 01/08/15 909MAGAZ 909 MEDIA GROUP INC 0014095 AD -DBC DEC 2014 0.00 600.00 10100 110601 01/08/15 AFLAC AFLAC 001 DEC 2014-SU11P INS PRE 0.00 1,580.54 10100 110602 01/08/15 AJPORTAB AJ PORTABLES INC 0015340 EQ RENTAL-PANTERA 0.00 1,890.00 10100 110603 01/08/15 ALBERTSO ALBERTSONS LLC 0015350 SUPPLIES-REC 0.00 432.18 10100 110603 01/08/15 ALBERTSO ALBERTSONS LLC 0015310 SUPPLIES -COMM SVCS 0.00 26.12 TOTAL CHECK 0.00 458.30 10100 110604 01/08/15 AMERICOM AMERICOMP GROUP 0014070 TONERS -PRINTER 0.00 293.21 10100 110604 01/08/15 AMERICOM AMERICOMP GROUP 0014070 TONERS -PRINTER 0.00 414.13 10100 110604 01/08/15 AMERICOM AMERICOMP GROUP 0014070 TONERS -PRINTER 0.00 1,071.38 TOTAL CHECK 0.00 1,778.72 10100 110605 01/08/15 ARCIMAGI ARC IMAGING RESOURCES 0014070 PRINTER MAINT-I.T. 0.00 10.41 10100 110606 01/08/15 ARORAJAS JASMINE ARORA 001 FACILITY CHRGS-DBC 0.00 -68.00 10100 110606 01/08/15 ARORAJAS JASMINE AROPA 001 FACILITY REFUND -DBC 0.00 1,200.00 TOTAL CHECK 0.00 1,132.00 10100 110607 01/08/15 AYONARAC ARACELLI AYON 001 FACILITY REFUND -DBC 0.00 100.00 10100 110608 01/08/15 BAILEYBR BREANNA BAILEY 001 FACILITY REFUND -DBC 0.00 400.00 10100 110609 01/08/15 BAYTANDE DESI BAYTAN 001 FACILITY REFUND-S/CYN 0.00 50.00 10100 110610 01/08/15 BEARSTAT BEAR STATE AIR CONDITION 0015340 MAINT-HERITAGE PK 0.00 155.00 10100 110610 01/08/15 BEARSTAT BEAR STATE AIR CONDITION 0015333 MAINT-DBC 0.00 623.00 TOTAL CHECK 0.00 778.00 10100 110611 01/08/15 BESTLTG BEST LIGHTING PRODUCTS 0014093 SUPPLIES -CITY HALL 0.00 85.00 SUNGARD PENTAMATION INC PAGE NUMBER: 4 DATE: 01/14/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 11:20:22 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20141231 00:00:00.000' and '20150114 00:00:00.000' ACCOUNTING PERIOD: 7/15 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 110612 01/08/15 CACERESM MIA CACERES 001 RECREATION REFUND 0.00 168.00 10100 110613 01/08/15 CPPU CAL POLY POMONA FOUNDATA 0014095 PUBLICATION -B/D BOOK 0.00 1,790.00 10100 110614 01/08/15 CALDMYRN MYRNA CALDERON 001 RECREATION REFUND 0.00 84.00 10100 110615 01/08/15 CACOMMER CALIFORNIA COMMERCIAL LI 0014093 SUPPLIES -CITY HALL 0.00 261.60 10100 110616 01/08/15 CANTRELL CANTRELL'S FEED BIN 0015350 STRAW BALES-S/FEST 0.00 1,456.72 10100 110617 01/08/15 CASSIMFA FAMEEDA CASSIM 001 FACILITY REFUND -DHC 0.00 350.00 10100 110618 01/08/15 CDW-G CDW GOVERNMENT 5304070 COMP EQ-I.T. 0.00 1,158.00 10100 110618 01/08/15 CDW-G CDW GOVERNMENT 5304070 COMP EQ-I.T. 0.00 1,593.49 10100 110618 01/08/15 CDW-G CDW GOVERNMENT 5304070 COMP EQ-I.T. 0.00 2,501.55 10100 110618 01/08/15 CDW-G CDW GOVERNMENT 5304070 COMP EQ-I.T. 0.00 2,887.41 10100 110618 01/08/15 CDW-G CDW GOVERNMENT 5304070 - COMP EQ-I.T. 0.00 3,820.87 10100 110618 01/08/15 CDW-G CDW GOVERNMENT 5304070 COMP EQ-I.T. 0.00 4,961.68 TOTAL CHECK 0.00 16,923.00 10100 110619 01/08/15 CHENYUXI YU XIAN CHEN 001 RECREATION REFUND 0.00 84.00 10100 110620 01/08/15 REINBERG CNC PRINTWERKS 0014090 PRINT SVCS -LETTERHEAD 0.00 70.85 10100 110620 01/08/15 REINBERG CNC PRINTWERKS 0014090 PRINT SVCS -LETTERHEAD 0.00 209.28 10100 110620 01/08/15 REINBERG CNC PRINTWERKS 0014090 PRINT SVCS -BUS CARDS 0.00 212.55 TOTAL CHECK 0.00 492.68 10100 110621 01/08/15 DANGELOC DANGELO CO 0015340 SUPPLIES -PARKS 0.00 179.87 10100 110622 01/08/15 DELTACAR DELTA CARE PMS 001 SAN 15 -HMO DENTAL PRE 0.00 403.01 10100 110623 01/08/15 DELTADEN DELTA DENTAL 001 SAN 15 -DENTAL PREMIUM 0.00 4,212.89 10100 110624 01/06/15 DENNISCA CAROL A DENNIS 0014030 PROF.SVCS-COUNCIL MTG 0.00 175.00 10100 110625 01/08/15 DHMAINTE DH MAINTENANCE 0015340 JANITORIAL SVCS -PARKS 0.00 735.17 10100 110625 01/08/15 DHMAINTE DH MAINTENANCE 0014093 JANITORIAL SVCS-C/HLL 0.00 6,500.00 10100 110625 01/08/I5 DHMAINTE DH MAINTENANCE 0015333 JANITORIAL SVCS -DBC 0.00 12,250.63 TOTAL CHECK 0.00 19,486.00 10100 110626 01/08/15 DBWOMANS DIAMOND BAR WOMANS CLUB 0014010 MTG-COUNCIL 0.00 50.00 10100 110627 01/08/15 DMSCONSU DMS CONSULTANTS CIVIL EN 2505510 ENHANCEMNT PRS -GRAND 0.00 500.00 10100 110626 01/08/15 EXCELLAN EXCEL LANDSCAPE INC 0015340 LANDSCAPE -PARK 0.00 325.00 10100 110628 01/08/15 EXCELLAN EXCEL LANDSCAPE INC 1415541 LANDSCAPE -DIST 41 0.00 4,143.87 10100 110628 01/08/15 EXCELLAN EXCEL LANDSCAPE INC 1395539 LANDSCAPE -DIST 39 0.00 11,610.95 10100 110628 01/08/15 EXCELLAN EXCEL LANDSCAPE INC 1385538 LANDSCAPE -DIST 38 0.00 11,718.00 10100 110628 01/08/15 EXCELLAN EXCEL LANDSCAPE INC 1415541 ADDL MAINT-SUTTER MLL 0.00 1,875.00 TOTAL CHECK 0.00 29,672.82 SUNGARD PENTAMATION INC PAGE NUMBER: 5 DATE: 01/14/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 11:20:22 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20141231 00:00:00.000' and '20150114 00:00:00.000' ACCOUNTING PERIOD: 7/15 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION---- SALES TAX AMOUNT 10100 110629 01/08/15 EXTERMIN EXTERMINETICS OF SO CAL 0015340 PEST CONTROL-PANTERA 0.00 30.00 10100 110629 01/08/15 EXTERMIN EXTERMINETICS OF SO CAL 0015333 PEST CONTROL -DSC 0.00 40.00 10100 110629 01/08/15 EXTERMIN EXTERMINETICS OF SO CAL 0015340 PEST CONTROL -HERITAGE 0.00 40.00 10100 110629 01/08/15 EXTERMIN EXTERMINETICS OF SO CAL 0015340 PEST CONTROL -PETERSON 0.00 50.00 10100 110629 01/08/15 EXTERMIN EXTERMINETICS OF SO CAL 0014093 PEST CONTROL-C/HALL 0.00 50.00 10100 110629 01/08/15 EXTERMIN EXTERMINETICS OF SO CAL 0014093 RODENT CONTROL-C/HALL 0.00 65.00 10100 110629 01/08/15 EXTERMIN EXTERMINETICS OF SO CAL 0015333 RODENT CONTROL -DBC 0.00 75.00 TOTAL CHECK 0.00 350.00 10100 110630 01/06/15 FANXUEFE XUEFENG FAN 001 RECREATION REFUND 0.00 107.00 10100 110631 01/08/15 FEDEX FEDEX 0014090 EXPRESS MAIL -GENERAL 0.00 116.23 10100 110632 01/08/15 FLORESDE DENISE FLORES 001 FACILITY REFUND -DBC 0.00 100.00 10100 110633 01/08/15 FOOTBUIL FOOTHILL BUILDING MATERI 0014440 SUPPLIES -SANDBAGS 0.00 125.35 10100 110634 01/08/15 FUKUSUMM MIKI FUKUSUM 001 FACILITY REFUND-PNTRA 0.00 100.00 10100 110635 01/08/15 GIOCOSOY GIOCOSO YOUTH ORCHESTRA 001 FACILITY REFUND -DBC 0.00 350.00 10100 110636 01/08/15 GOLIVETE GO LIVE TECHNOLOGY INC 0014070 PROF.SVCS-CITY VIEW 0.00 3,132.00 10100 110637 01/08/15 GRANICUS GRANICUS INC 0014070 COMP MAINT-JAN-MAR 15 0.00 600.00 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEES-PRIl-908 0.00 151.88 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEES-PRIl-908 0.00 -151.88 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE-PR14-4573 0.00 -210.02 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE-PR14-3581 0.00 -66.83 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE-PR14-2470 0.00 -48.60 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE-PR13-1640 0.00 -36.45 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE-PR14-1981 0.00 -12.15 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS-PR11-908 0.00 843.75 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS-PR13-1640 0.00 202.50 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE-PR14-4573 0.00 210.02 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS-PR14-2470 0.00 270.00 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE-PR13-1640 0.00 36.45 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE-PR14-1981 0.00 12.15 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE-PR14-2470 0.00 48.60 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE-PR14-3581 0.00 66.83 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS-PR14-1981 0.00 67.50 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS-PR14-3581 0.00 371.25 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS-PR14-4573 0.00 1,166.75 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 0015510 PROF.SVCS-INSPECTION 0.00 371.25 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 0015551 PROF.SVCS-PLAN CHECK 0.00 127.70 10100 110638 01/08/15 HALLFORE HALL & FOREMAN, INC. 0015551 PROF.SVCS-PLAN CHECK 0.00 443.13 TOTAL CHECK 0.00 3,863.83 10100 110639 01/08/15 HILLALAN ALAN HILL 001 RECREATION REFUND 0.00 84.00 10100 110640 01/08/15 HINESMIC MICHAEL HINES 001 RECREATION REFUND 0.00 165.00 SUNGARD PENTAMATION. INC DATE: 01/14/2015 CITY OF DIAMOND BAR TIME: 11:20:22 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120141231 00:00:00.000' and '20150114 00:00:00.000' ACCOUNTING PERIOD: 7/15 FUND - 001 - GENERAL FUND FLOOR MAINT-DBC 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 110641 01/08/15 SPHARDWO SUNNY PENN HO 0015333 10100 110642 01/08/15 HOWENDY WENDY HO 001 10100 110643 01/08/15 HOMEDEPO HOME DEPOT CREDIT SERVIC 0015333 10100 110643 01/08/15 HOMEDEPO HOME DEPOT CREDIT SERVIC 0015340 TOTAL CHECK 500.00 0.00 10100 110644 01/08/15 HUTAURUK JENNIFER HUTAURUK 001 10100 110644 01/08/15 HUTAURUK JENNIFER HUTAURUK 001 TOTAL CHECK 0.00 1,158.75 PROF.SVCS-PL14-343 10100 110645 01/08/15 ICGINC ICG INC 2505310 10100 110646 01/08/15 JOEGONSA JOE A. GONSALVES & SON I 0014030 10100 110647 01/08/15 JOHNLHUN JOHN L HUNTER & ASSOC. I 0015510 10100 110647 01/08/15 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 10100 110647 01/08/15 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 10100 110647 01/08/15 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 TOTAL CHECK 1,400.00 TILES/BADGES-COUNCIL 0.00 10100 110648 01/08/15 KIMTINA TINA KIM 001 10100 110649 01/08/15 MOLINARI KIMBERLY YOUNG 0015510 10100 110650 01/08/15 KATZOKIT RUA CORPORATION 0015554 10100 110651 01/08/15 KOTHARIM HANSI KOTHARI 001 10100 110652 01/08/15 LEWISENG LEWIS ENGRAVING INC. 0014090 10100 110653 01/08/15 LIUBRUCE BRUCE LIU 001 10100 110653 01/08/15 LIUBRUCE BRUCE LIU 001 10100 110653 01/08/15 LIUBRUCE BRUCE LIU 001 TOTAL CHECK 0.00 93.21 10100 110654 01/08/15 LULIS LISA LU 001 10100 110655 01/08/15 LUMARY MARY LU 001 10100 110656 01/08/15 LUISONYA SONYA LUI 001 10100 110657 01/08/15 MACMANUS GLORIA PRADO MACMANUS 001 10100 110658 01/08/15 MANAGEDH MANAGED HEALTH NETWORK 001 10100 110659 01/08/15 ROAMARSH MARSHA ROA 0014095 10100 110660 01/08/15 MATALALE ALEXANDER MATAL 001 10100 110661 01/08/15 MCECORPO MCE CORPORATION 0015554 PAGE NUMBER: 6 ACCTPA21 -----DESCRIPTION------ SALES TAX AMOUNT FLOOR MAINT-DBC 0.00 2,900.00 RECREATION REFUND 0.00 84.00 SUPPLIES -DBC 0.00 125.82 SUPPLIES -PARKS 0.00 140.22 0.00 266.04 FACILITY REFUND -DBC 0.00 3.15 FACILITY REFUND -DBC 0.00 500.00 0.00 503.15 REHAB SVCS -HERITAGE 0.00 2,026.00 LEGISLATIVE SVCS -JAN 0.00 3,000.00 PROF.SVCS-STORMWATER 0.00 1,158.75 PROF.SVCS-PL14-343 0.00 750.00 ADMIN FEE-PL14-343 0.00 -112.50 ADMIN FEE-PL14-343 0.00 112.50 0.00 1,908.75 RECREATION REFUND 0.00 168.00 REIMB-FILING FEES 0.00 75.00 ENG SVCS-TRFFC MGMT 0.00 465.00 FACILITY REFUND -DBC 0.00 1,400.00 TILES/BADGES-COUNCIL 0.00 145.46 FACILITY REFUND -DHC 0.00 150.00 FACILITY REFUND -DHC 0.00 113.00 FACILITY REFUND -DBC 0.00 100.00 0.00 363.00 FACILITY REFUND -DBC 0.00 100.00 PROF.SVCS-RECREATION 0.00 70.00 FACILITY REFUND -DBC 0.00 200.00 FACILITY REFUND -DBC 0.00 400.00 JAN 15 -EAP PREMIUMS 0.00 165.68 REIMB-TIME CAPSULE 0.00 93.21 FACILITY REFUND -DHC 0.00 350.00 ROAD MAINT SVCS -OCT 0.00 107.92 SUNGARD PENTAMATION INC PAGE NUMBER: 7 DATE: 01/14/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 11:20:22 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20141231 00:00:00.000' and '20150114 00:00:00.000' ACCOUNTING PERIOD: 7/15 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 110661 01/08/15 MCECOPPO MCE CORPORATION 0015554 RIGHT OF WAY SAINT 0.00 1,287.84 10100 110661 01/08/15 MCECORPO MCE CORPORATION 0015554 RIGHT OF WAY SAINT 0.00 2,331.00 10100 110661 01/08/15 MCECORPO MCE CORPORATION 0015554 STORM DRAIN SAINT 0.00 1,205.12 10100 110661 01/08/15 MCECORPO MCE CORPORATION 0015554 STORM DRAIN MAINT 0.00 1,717.12 10100 110661 01/08/15 MCECORPO MCE CORPORATION 0015558 VEGETATION CONTROL 0.00 6,971.03 10100 110661 01/08/15 MCECORPO MCE CORPORATION 0015558 VEGETATION CONTROL 0.00 10,068.98 TOTAL CHECK 0.00 23,689.01 10100 110662 01/08/15 MCKENNAJ JEANETTE A MCKENNA 0015310 PROF.SVCS-TRAILS 0.00 1,450.00 10100 110663 01/08/15 MICHTSAI TSAI MICHAEL 001 FACILITY REFUND -DHC 0.00 500.00 10100 110664 01/08/15 NAPITUPU DANY NAPITUPULU 001 FACILITY REFUND -DBC 0.00 800.00 10100 110665 01/08/15 NGUYEND DAVID NGUYEN 001 FACILITY REFUND -DBC 0.00 350.00 10100 110666 01/08/15 OFFICEMA OFFICEMAX INC 0014095 SUPPLIES-P/INFO 0.00 95.65 10100 110666 01/08/15 GFFICEMA OFFICEMAX INC 0014090 SUPPLIES -GENERAL 0.00 53.23 10100 110666 01/08/15 OFFICEMA OFFICEMAX INC 0015210 SUPPLIES-PLNG 0.00 89.53 10100 110666 01/08/15 OFFICEMA OFFICEMAX INC 0015310 SUPPLIES -COMM SVCS 0.00 9.56 10100 110666 01/08/15 OFFICEMA OFFICEMAX INC 0014050 MEMO CREDIT -FINANCE 0.00 -43.57 10100 110666 01/08/15 OFFICEMA OFFICEMAX INC 0014090 SUPPLIES -GENERAL 0.00 40.18 TOTAL CHECK 0.00 244.58 10100 110667 01/08/15 OLIVOJAI JAIME OLIVO 001 RECREATION REFUND 0.00 84.00 10100 110668 01/08/15 ONWARDEN ONWARD ENGINEERING 2505510 RD MAINT PROJ-ZONE 1 0.00 85.50 10100 110668 01/08/15 ONWARDEN ONWARD ENGINEERING 2505510 RD MAINT PROJ-AREA 2 0.00 199.50 TOTAL CHECK 0.00 285.00 10100 110669 01/08/15 PACHECOL LUPE PACHECO 001 RECREATION REFUND 0.00 99.00 10100 110670 01/08/15 PAETECCO PAETEC COMMUNICATIONS IN 0014090 LONG DIST SVCS-DEC/JA 0.00 647.32 10100 110671 01/08/15 PERSHEAL PERS HEALTH 0014090 JAN 15 -RETIREE HEALTH 0.00 610.00 10100 110671 01/08/15 PERSHEAL PERS HEALTH 0014060 JAN 15 -HEALTH ADMIN F 0.00 158.96 10100 110671 01/08/15 PERSHEAL PERS HEALTH 001 JAN 15 -HEALTH INS PRE 0.00 43,422.36 TOTAL CHECK 0.00 44,191.32 10100 110672 01/08/15 PRIORITY PRIORITY MAILING SYSTEMS 0014090 EQ MAINT SVCS-I.T. 0.00 1,626.00 10100 110673 01/08/15 PSI PROTECTION ONE INC 0015340 ALARM SVCS-S/CYN 0.00 41.50 10100 110673 01/08/15 PSI PROTECTION ONE INC 0014093 ALARM SVCS-C/HALL 0.00 25.55 TOTAL CHECK 0.00 67.05 10100 110674 01/08/15 PTMDOCUM PTM DOCUMENT SYSTEMS 0014050 PRINT SVCS -W-2 FORMS 0.00 58.83 10100 110675 01/08/15 RODRROLA ROLANDO RODRIGUEZ 001 RECREATION REFUND 0.00 85.00 10100 110676 01/08/15 ROSSCREA ROSS CREATIONS 0015350 SOUND EQ -SNOW FEST 0.00 500.00 10100 110677 01/08/15 SANDGURT GURTAR SANDHU 001 FACILITY REFUND -DHC 0.00 500.00 SUNGARD PENTAMATION INC PAGE NUMBER: 8 DATE: 01/14/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 11:20:22 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20141231 00:00:00.000' and '20150114 00:00:00.000' ACCOUNTING PERIOD: 7/15 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE IT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 110678 01/OB/15 SCHORRME SCHORR METALS INC 0014093 SUPPLIES -CITY HALL 0.00 105.02 10100 110679 01/08/15 SMARTFIN SMART & FINAL 0015350 SUPPLIES-DB4 YOUTH 0.00 181.83 10100 110679 01/08/15 SMARTFIN SMART & FINAL 0015350 SUPPLIES -TINY TOTS 0.00 427.75 TOTAL CHECK 0.00 609.58 10100 110680 01/08/15 SCE SOUTHERN CALIFORNIA EDIS 1395539 ELECT SVCS -DIST 39 0.00 498.93 10100 110680 01/08/15 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS -DIST 38 0.00 608.71 10100 110680 01/08/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 374.47 10100 110680 01/08/15 SCE SOUTHERN CALIFORNIA EDIS 0015340 ELECT SVCS -PARKS 0.00 286.22 10100 110680 01/08/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 296.05 10100 110680 01/08/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 169.91 10100 110680 01/08/15 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS -DIST 38 0.00 50.61 10100 110680 01/08/15 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS -DIST 38 0.00 27.66 10100 110680 01/08/15 SCE SOUTHERN CALIFORNIA EDIS 0015333 ELECT SVCS -DBC 0.00 4,604.67 10100 110680 01/08/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 2,794.10 10100 110680 01/08/15 SCE SOUTHERN CALIFORNIA EDIS 1415541 ELECT SVCS -DIST 41 0.00 4,080.39 TOTAL CHECK 0.00 13,793.72 10100 110681 01/08/15 SPARKLET SPARKLETTS 0015340 ENERGY SURCHARGE 0.00 2.94 10100 110681 01/08/15 SPARKLET SPARKLETTS 0015340 WATER SUPPLIES-S/CYN 0.00 39.96 10100 110681 01/08/15 SPARKLET SPARKLETTS 0015340 EQ RENTAL-S/CYN PK 0.00 12.00 TOTAL CHECK 0.00 54.90 10100 110682 01/08/15 STANDARD STANDARD INSURANCE OF OR 001 JAN 15-STD/LTD 0.00 2,117.09 10100 110682 01/08/15 STANDARD STANDARD INSURANCE OF OR 001 JAN 15 -LIFE INS PREM 0.00 1,007.00 10100 110682 01/08/15 STANDARD STANDARD INSURANCE OF OR 001 JAN 15-SUPP LIFE INS 0.00 399.00 TOTAL CHECK 0.00 3,523.09 10100 110683 01/08/15 TERRYBER TERRYBERRY 0014060 SERVICE PINS-H/R 0.00 500.71 10100 110684 01/08/15 TESOROJO JOANNA TESORO 001 FACILITY REFUND-PNTRA 0.00 81.00 10100 110684 01/08/15 TESOROJO JOANNA TESORO 001 FACILITY REFUND-PNTRA 0.00 100.00 TOTAL CHECK 0.00 181.00 10100 110685 01/08/15 ADELPHIA TIME WARNER CABLE 0014010 MODEM SVCS -COUNCIL 0.00 63.98 10100 110685 01/08/15 ADELPHIA TIME WARNER CABLE 0014070 INTERNET SVCS -DBC 0.00 94.14 10100 110685 01/08/15 ADELPHIA TIME WARNER CABLE 0014070 INTERNET SVCS -DBC 0.00 94.14 10100 110685 01/08/15 ADELPHIA TIME WARNER CABLE 0014070 INTERNET SVCS-C/HALL 0.00 185.17 10100 110685 01/08/15 ADELPHIA TIME WARNER CABLE 0014070 INTERNET SVCS-C/HALL 0.00 185.17 10100 110685 01/08/15 ADELPHIA TIME WARNER CABLE 0014070 INTERNET SVCS-HERITAG 0.00 189.95 TOTAL CHECK 0.00 812.55 10100 110686 01/08/15 TRICITIE TAI -CITIES POOL SERVICE 0015333 MONTHLY MAINT-DBC 0.00 160.00 10100 110687 01/08/15 UNITEDDA UNITED DATA SERVICES INC 0014070 STORAGE SVCS -JAN 2015 0.00 517.50 10100 110688 01/08/15 VACERIOA ARIOSTO VACERIO 001 FACILITY CHRGS-DBC 0.00 -73.00 10100 110688 01/08/15 VACERIOA ARIOSTO VACERIO 001 FACILITY REFUND -DBC 0.00 100.00 TOTAL CHECK 0.00 27.00 SUNGARD PENTAMATION INC PAGE NUMBER: 9 DATE: 01/14/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 11:20:22 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20141231 00:00:00.000' and '20150114 00:00:00.000' ACCOUNTING PERIOD: 7/15 - FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ---DESCRIPTION---- SALES TAX AMOUNT 10100 110689 01/08/15 VALDORIA ERNESTINA VALDORIA 001 FACILITY REFUND-PNTR 0.00 50.00 10100 110690 01/08/15 VERIZONC VERIZON CALIFORNIA 0015340 PH SVCS -HERITAGE 0.00 51.77 10100 110690 01/08/15 VERIZONC VERIZON CALIFORNIA 0014030 PH SVCS-CMGR FAX 0.00 82.01 10100 110690 01/08/15 VERIZONC VERIZON CALIFORNIA 0015340 PH SVCS -HERITAGE FAX 0.00 89.63 10100 110690 01/06/15 VERIZONC VERIZON CALIFORNIA 0014090 PH SVCS -HERITAGE PK 0.00 170.24 10100 110690 01/08/15 VERIZONC VERIZON CALIFORNIA 0014090 PH SVCS -HERITAGE PK 0.00 173.32 10100 110690 01/08/15 VERIZONC VERIZON CALIFORNIA 0014093 PH SVCS-C/HALL ALARM 0.00 156.32 10100 110690 01/08/15 VERIZONC VERIZON CALIFORNIA 0014090 PH SVCS-SRST CHI 0.00 150.75 10100 110690 01/08/15 VERIZONC VERIZON CALIFORNIA 0014090 PH SVCS-SRST CH1 0.00 150.85 10100 110690 01/08/15 VERIZONC VERIZON CALIFORNIA 0014090 PH SVCS -PARKS 0.00 968.71 10100 110690 01/08/15 VERIZONC VENISON CALIFORNIA 0015333 PH SVCS -DBC 0.00 391.65 10100 110690 01/08/15 VERIZONC VERIZON CALIFORNIA 0015333 PH SVCS -DBC 0.00 398.74 TOTAL CHECK 0.00 2,583.99 10100 110691 01/08/15 VERIZONW VERIZON WIRELESS 0014090 CELL CHRGS-PW/CS/CD 0.00 1,075.82 10100 110691 01/08/15 VERIZONW VERIZON WIRELESS 0014090 CELL CHRGS-PW/CS/CD 0.00 1,190.62 TOTAL CHECK 0.00 2,266.44 10100 110692 01/08/15 VSP VISION SERVICE PLAN 001 SAN 15 -VISION PREMIUM 0.00 1,715.75 10100 110693 01/08/15 GRAINGER W.W. GRAINGER INC. 0015333 SUPPLIES -DBC 0.00 8.28 10100 110694 01/08/15 WVWATER WALNUT VALLEY WATER DIST 0014440 ELECTRIC POWER-EASTGT 0.00 250.00 10100 110694 01/08/15 WVWATER WALNUT VALLEY WATER DIST 0014440 ANNL RENT-EASTGATE 0.00 150.00 TOTAL CHECK 0.00 400.00 10100 110695 01/08/15 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES-C/HALL 0.00 29.17 10100 110695 01/08/15 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES-C/HALL 0.00 211.10 10100 110695 01/08/15 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DBC 0.00 329.37 TOTAL CHECK 0.00 569.64 10100 110696 01/08/15 WESTCOAS WEST COAST ARBORISTS INC 0015558 WATERING SVCS -DEC 14 0.00 349.50 10100 110696 01/08/15 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE MAINT-DEC 2014 0.00 5,005.90 TOTAL CHECK 0.00 5,355.40 10100 110697 01/08/15 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR14-2701 0.00 740.00 10100 110697 01/08/15 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE-PR14-2701 0.00 -133.20 10100 110697 01/08/15 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE-PR14-2701 0.00 133.20 TOTAL CHECK 0.00 740.00 10100 110698 01/08/15 WONGCARY CARY WONG 001 RECREATION REFUND 0.00 84.00 10100 110699 01/08/15 XAVIERS XAVIERS FLORIST INC 0014010 C/COUNCIL REORG 0.00 143.12 10100 110700 01/08/15 YUMIKE MIKE YU 001 RECREATION REFUND 0.00 84.00 10100 110701 01/08/15 ZAMBLUZ LUZ ZAMBRANO 001 RECREATION REFUND 0.00 84.00 10100 110702 01/08/15 ZEPEDANA NANCY ZEPEDA 001 RECREATION REFUND 0.00 99.00 10100 01 -PP 15 01/08/15 PAYROLL PAYROLL TRANSFER 112 P/R TRANSFER-01/PP 15 0.00 1,748.03 SUNGARD PENTAMATION INC DATE: 01/14/2015 - CITY OF DIAMOND BAR TIME: 11:20:22 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transaCt.Ck_date between '20141231 00:00:00.000' and '20150114 00:00:00.000' ACCOUNTING PERIOD: 7/15 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME 10100 01 -PP 15 01/08/15 PAYROLL PAYROLL TRANSFER 10100 01 -PP 15 01/08/15 PAYROLL PAYROLL TRANSFER 10100 01 -PP 15 01/08/15 PAYROLL PAYROLL TRANSFER 10100 01 -PP 15 01/08/15 PAYROLL PAYROLL TRANSFER TOTAL CHECK TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT FUND/DIVISION -----DESCRIPTION---- SALES TAX 113 P/R TRANSFER-01/PP 15 0.00 115 P/R TRANSFER-01/PP 15 0.00 125 P/R TRANSFER-01/PP 15 0.00 001 P/R TRANSFER-01/PP 15 0.00 0.00 0.00 0.00 0.00 PAGE NUMBER: 10 ACCTPA21 AMOUNT 6,343.12 12,638.30 507.32 166,670.16 187,906.93 986,081.06 986,081.06 986,081.06 CITY COUNCIL TO VIA: TITLE: Meeting Date: 112012015 AGENDA REPORT Honorable Mayor and Members of the City Council James DeStefano, City Man Authorize the City Manager to execute any necessary documents/agreements, from "Windstream" for 36 months of phone service in amount not to exceed $50,000.00. RECOMMENDATION: Approve BUDGET/FINANCIAL IMPACT: There are sufficient appropriated funds in the FY14-15 budget for this expenditure, and staff will seek required appropriations during the FY15-16 and FY16-17 budget process. DISCUSSION: Phone Service Provider History: Prior to 2004, the City used Velocity Networks, Inc. to provide the T1 service needed to provision the City's Private Branch Exchange (PBX) phone system. In July of 2004, the City used a phone service broker to conduct a review of over 20 service providers, and selected Telepacific Communications. The City used the same phone service broker to conduct a price/service review again in 2006 and 2008, resulting in no service provider changes. The City renewed phone service with Telepacific until 2011. In preparation for the city hall relocation the City conducted an independent search of available rates & services for both Internet Service Providers (ISP) and Phone Service Providers (PSP). After service reviews and rate negotiations, it was determined that Telepacific would change its role and become one of the City's ISP and that Paetec would become the new PSP for the City's new Voice over IP (Vol P) phone system. In December of 2011 Paetec was acquired by Windstream. 1059210.1 Current Service Needs: The City has been very satisfied with the rate and phone services provided by Windstream and is early into a 2nd three-year renewal. However, Windstream must rely upon the in -ground last -mile wiring of Verizon, this is called the local - loop. Our Verizon local -loop has experienced a significant outage during each year of our Windstream contract. Always for a different reason and always resolved as quickly as Verizon is able. However these outages have removed phone service for the better part of a business day in every case. The possibility of an even longer service outage is of great concern, particularly during an emergency or disaster. The City's ability to provide service and communicate with its constituents and other entities is critical. The City is able to provide a highly available on-line service offering to our constituents through the use of redundant ISP's which use divergent wiring/fiber pathways. This means that no service outage from a vendor's central office or a line cut in the street, or equipment failure in an underground vault impacts the City's ability to deliver outstanding customer service. T1 service provisioned PBX systems are not capable of this type of real-time zero loss redundancy. However a VolP system can be provisioned using a T1/DS1 or Simple Internet Protocol (SIP) trunks. The SIP trunk option would allow the City's service provider to switch pathways automatically based on conditions in the field. The City has two physical pathways available to it: 1) the Verizon local -loop; or 2) the Time Warner Cable (TWC) Business fiber network, which does not share facilities with Verizon. Solution Development, Cost & Recommendation: The City worked with both path providers and the PSP, to develop the appropriate solution that would allow the City's VoIP systems to use SIP Trunks to provide a high resiliency phone service to the City. (i.e. if the Verizon local -loop is down - communication will go over TWC Business fiber and vice versa.) This dual path phone service does require that Windstream will have to contract with both Verizon as well as Time Warner Cable, for last -mile wiring. This requirement will effectively double our existing monthly cost from almost $700 per month to about $1,300 per month + any regulatory costs and fees. (NTE $50,000 for the three years.) Staff believes this additional cost is modest. This solution is very much like insurance, you hope it is not needed, but you are glad to have it when it is needed. In our case, history has shown that this need will occur on an infrequent, but consistent basis. The experienced loss of productivity during a service outage largely offsets the annual cost, and the possibility of an ever greater outage duration is not acceptable. 1059210.1 2 Therefore, it is recommended that the City Council authorize the City Manager to execute any necessary documents/agreements required to implement a 3 -Year renewal/upgrade with Windstream to provide redundant path phone service, in an amount not to exceed $50,000.00. Prepared by: Reviewed by: Desforges, Director Infgrffiation Systems Dianna Honeywell, Director ance Attachment: Windstream Proposal including Windstream Service Terms and Conditions 1059210.1 MMF $1,274.83 Page 1 of 10 PROPOSAL SUMMARY windstream. Service Location Listing - Monthly Recurring Charges Primaw Billina Account CITY OF DIAMOND BAR, #2198660 . Quote 2276572 Sales ID 13138 Effective Date 12122/2014 MMF $1,274.83 Page 1 of 10 windstreAV Access Loop Dynamic IP T1 -- 1 $150.00 $150.00 Access Loop In State Long Distance Charges (D) 0.02001 6 sec Fast Ethernet Loral Loop Charge - 1 $425.00 $425.00 Dynamic IP Services 6 sec 2 digit t Canadian Long Distance Charge (D) 20 DID Station Numbers * -- 10 $4.00 Customer Name CITY OF DIAMOND BAR EAN (Account Number) 2198660 Install Street Address 21625 COPLEY DR City, State, Zip DIAMOND BAR, CA, 91765-4178 Opportunity ID 860109 Proposal / Quote ID 2276572 Contract Tenn 36 Service Order Type Renewal/Upsell Effective Date 12/22/2014 3 $9.20 Access Loop Dynamic IP T1 -- 1 $150.00 $150.00 Access Loop In State Long Distance Charges (D) 0.02001 6 sec Fast Ethernet Loral Loop Charge - 1 $425.00 $425.00 Dynamic IP Services 6 sec 2 digit t Canadian Long Distance Charge (D) 20 DID Station Numbers * -- 10 $4.00 $40.00 ADTRAN-TA908E Charge -- 1 $32.51 $32.51 Advanced Managed Router Charge -- 1 $35.00 $35.00 1.5 Mb Dynamic IP PortT1 SIP Features 0 - 1 $120.00 $120.00 Enterprise Trunking Charge - 1 $7.50 $7.50 FSLC Charge -- 3 $9.20 $27.60 IP Direct Trunk Overflow Charge * -- 1 $34.95 $34.95 Dynamic IP Services Long Distance Directory Assistance Charges (D) 1.99002 20 DID Station Numbers * - 1 $4.00 $4.00 Advanced Managed Router Charge -- 1 $35.00 $35.00 Cisco 1921 -ETH Charge -- 1 $26.32 $26.32 10 Mb High Speed Dynamic IP PortEthernet SIP Features -- 1 $200.00 $200.00 Converged 0 Enterprise Trunking Charge - 1 $10.00 $10m FSLC Charge - 10 $9.20 $92.00 IP Direct Trunk Overflow Charge * -- 1 $34.95 $34.95 Total Features $1,274.83 Regional Long Distance Charges (D) 0.02001. 6 sec 6 sec 2 digit t In State Long Distance Charges (D) 0.02001 6 sec 6 sec 2 digit t Out of State Long Distance Charges (D) 0.0200' 6 sec 6 sec 2 digit t Canadian Long Distance Charge (D) Bronze' 30 sec 6 sec 2 digit t International Long Distance Charges (D) Bronze' 30 sec 6 sec 2 digit t Caribbean Long Distance Charges Bronze' 30 sec 6 sec 2 digit t Local Measured Service Zone 1 Charges 0.01001 Local Measured Service Zone 2 Charges 0.0100' Loral Measured Service Zone 3 Charges 0.01001 Long Distance Directory Assistance Charges (D) 1.99002 Flat Rate LMS ***** 10,000 Page 2 of 10 W P °a e, u a. .ice a.. �_ ARIA IN,2101 n ,. RON �. I. J Pp 9.. .i i1 J Access Loop Dynamic IP T1 1 $0.00 11 '.t11 Access Loop Special Construction Install Charge Local Loop Install Charge Dynamic IP Services Dynamic IP Port Install Data Accessories kit 2 Charge Advanced Managed Router Install Charge Dynamic IP Services -- 1 $0.00 $0.00 -- t $0.00 $0.00 — 1 $0.00 $0.00 -- 1 $0.00 $0.00 -- 1 $0.00 $0.00 High Speed Dynamic IP Port Install -- 1 $0.00 $0.00 Advanced Managed Router Install Charge -- 1 $0.00 $0.00 Data Accessories kit 1 Charge -- 1 $0.00 $0.00 Total Other Charges (Non -Recurring) $0.00 Rates listed within the Usage Rates section are applicable for all locations, unless otherwise noted on the individual Service Location listing in the Usage Rates sub -section. Notes: 1 - Per Minute 2 - Per Call 3 - Per Minute per Participant ` Rates are subject to change on 30 days notice via bill message on customers invoice. ** Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to http�ff w.Paetec.com/about-us/notice. *** Amounts listed are reasonable approximations based on initial proposal. Actual amounts shall depend on final lease amount set forth in the Customer's Lease Agreement. t Each call is billed to two decimal places and rounds the billed amount for each call up to the nearest whole cent. Total Monthly Recurring Charges $1,274.83 Total Non -Recurring Charges $0.00 Minimum Monthly Fee $1,274.83 This Proposal is subject to and controlled by the Windsiream Service Terms and Conditions, which are incorporated herein by reference and attached hereto. Your signature constitutes your acceptance of the Proposal and your agreement to Windstream's Service Terms and Conditions. CUSTOMER `Si9n�tureft :Prihled:Nartei .._......__ T#at 'Tltie` Signature: Printed Name: Title: Date: Page 3 of 10 WINDSTREAM Windstream® WINDSTREAM SERVICE TERMS AND CONDITIONS These terms and conditions apply to the provision of all telecommunications and related services ("Services") by Windstream' ("Windstream") to Customer under the proposal to which these terms and conditions area part. These terms and conditions and Customer's proposal/sales order, and any service specific schedules form the agreement ("Agreement"). The Services will be offered in each area to the Customer by the Windstream affiliated entity authorized to provide the Services in the applicable jurisdiction. 1. Term and Renewal. This Agreement is effective on the date identified on the proposal ("Effective Date") and will continue for the term set forth in the proposal from the date that Services are installed until either terminated pursuant to the provisions below or replaced with a new agreement (the "Term"). Upon expiration of the Term, this Agreement will automatically renew for successive one-year terms (each, a "Renewal Term") until terminated or cancelled pursuant to its terms. In the event a Customer provides written notice of its intent not to renew but does not terminate Services hereunder, Windstream shall have the option of continuing to provide such Services on a month-to-month basis, priced at Windstream's then current monthly rates. 2. Charges for Services; Billing and Payment. Customer is responsible for paying all charges that apply to the Services ordered on a proposal or used on a per -use basis by Customer, including items such as features, installation, labor, repair, long distance, and directory or operator assistance as specified on the proposal or set forth in Windstream's Price Lists or Tariffs. Customer is responsible for taxes, surcharges, fees, and assessments that apply to the sale and use of Services, including how those may change in the future and regardless of whether such charges are identified in the Agreement. Windstream will bill Customer monthly for the Service, and all bills are due and payable upon receipt. Payment will be considered late if not paid by the due date reflected on the invoice. All amounts payable by Customer shall be made without setoff or counterclaim and without deduction. Billing at a location will begin upon the earlier of (i) the installation date (which may be the date administrative access to certain software -based Services is granted to Customer); (ii) thirty (30) days after delivery of the applicable facility and/or equipment to the Customer premises (if the delay in connection of the facility and/or equipment is due to Customer or its agent); (iii) the date the Company notifies a Customer that Service is available for use by Customer; (iv) the date that Service would have been available for use by Customer if Customer had fulfilled its performance obligations required to provision the Service; or (v) the date that installation of MPLS services is complete at the second site in an MPLS network; however, Windstream may choose to bill in full monthly increments with no proration for partial service periods when Service either starts or ends in the middle of a billing cycle. If installation of off -net Services is delayed due to action or inaction by Customer, then Customer shall be responsible for all associated third -party provider charges. In certain service areas, paper bills are available only upon request and for a monthly charge and billing for usage will round up to the next cent. If Customer authorizes payment by credit or debit card, then Windstream will not obtain further consent or provide additional notice before invoicing the credit or debit card for all amounts due and owing. WINDSTREAM RESERVES THE RIGHT TO INCREASE OR DECREASE MONTHLY RECURRING CHARGES ("MRCS") ON AT LEAST THIRTY 30 DAYS' NOTICE AND OTHER RATES AT ANY TIME. 3. Service Outage Credits. For Windstream's business -grade local and long distance voice telecommunications services, Tel and higher facility network Internet access and private networking services, Customer will receive a credit of 1/30th of the MRC for that month for each day that Customer has a Service Outage, defined below. Only the Service affected by the Service Outage will be eligible for a credit. Credit is based upon the length of time Customer is without Service. Credits in any single month cannot exceed the MRCS for Service that was affected by a Service Outage in that month. For purposes of this Agreement, a "Service Outage" is defined as the complete inability to: (i) make or receive calls; (ii) access the Internet for the purpose of sending or receiving Internet traffic; or (iii) send or receive data across a Windstream supported private network. In the event Customer rents equipment or orders data center services from Windstream, such equipment and services shall not be considered "Services" for purposes of service credits under this Agreement. 4. Disputes. To dispute a bill, Customer must do so in good faith and deliver to Windstream in writing the specific basis for such dispute within sixty (60) days after the date on the bill. If Customer does not follow this dispute process, the dispute shall be deemed waived. 5. Partial Payments; Late Payments. Windstream may accept any payments Customer marks as being "payment in full" or as being settlement of any dispute without waiving any rights Windstream has to collect the full payments from Customer. Customer is responsible for paying all costs and fees Windstream incurs as a result of collecting Customers unpaid charges. If Windstream does not receive full payment when due or does not receive payment in immediately available funds, Windstream will add a late payment fee to the amounts owed and will calculate such fee as the total owed times interest at the maximum rate allowable by law. 6. Credit and Deposits. Customer authorizes Windstream to ask credit-reporting agencies for Customer's credit information. Windstream may require Customer to submit an initial security deposit and/or advance payment and an additional deposit and/or advance payment if Customer increases Services, Customer is late on payment, or Customer's credit rating changes. The deposit will be refunded if satisfactory credit has been established or upon termination of this Agreement for any reason, except that Windstream at its discretion may apply the deposit to any amount due and unpaid by Customer. 7. Services Location; Moves. Customer is responsible for providing an environment that is suitable for the Services, including equipment that is compatible with Windstream's network. Customer shall provide Windstream with the correct address to obtain Services, because Windstream relies on such information to determine which taxes, fees, surcharges and assessments apply to the Services. If Customer does not provide a valid address, Customer will be responsible for any resulting taxes, fees, surcharges, assessments and penalties related thereto. Customer will notify Windstream if Customer's address changes, in which case Windstream may either (a) terminate the affected Services, or (b) allow Customer to provide sixty (60) days' advance notice to Windstream to move Services to a new location and pay any applicable installation charges. Customer will enter into a new agreement for such new location, or Windstream will apply the liquidated damages set forth in Section 15 for the terminated location. Charges, including reasonable administrative costs and fees incurred by Windstream may apply as a result of Customer's move, in addition to a change in MRCS. 6. Windstream-Provided and Owned Equipment. Any equipment installed by Windstream on Customers premises that is not the subject of a sale to Customer (such as the CSU/DSU, interface cards, Channel Bank and routers, if applicable) shall remain at all times the property of Windstream. Equipment shall remain in good condition, less normal wear and tear. Windstream shall be responsible for the maintenance and repair of the equipment unless it is damaged as a result of the action or inaction of Customer or its employees or agents, in which case Customer shall reimburse Windstream for the cost of any necessary repairs. Customer shall provide Windstream reasonable access to the equipment for purposes of repair, maintenance, removal or otherwise. If Windstream does not have access to Customer's premises within thirty (30) days after Customer terminates this Agreement, or if Windstream requests Customer return the equipment and Customer does not return the equipment to Windstream within thirty (30) days of termination, Customer shall reimburse Windstream for the full purchase price of the equipment as well as any attorney's fees and costs. Customer shall pack and ship the equipment in such a way so as to limit and/or avoid damage to the equipment. In the event the equipment is damaged in shipping, Customer shall be responsible for the cost to replace the equipment. For the avoidance of doubt, Customer is responsible for maintaining all equipment on its premises not provided and/or owned by 'Windstream is defined for purposes of this Agreement to mean Windstream Communications, Inc. or such authorized Windstream affiliated entity providing Services to Customer as identified on Customer's bill. Page 4 of 10 Windstream and ensuring such equipment is compatible with Windstream's network. All terminal equipment must be registered with the Federal Communications Commission ("FCC") under 47 C.F.R. Part 68, and all wiring must be installed and maintained in compliance with those regulations 9. Disconnection of Current Provider; Special Construction; Third Party Charges. Customer is solely responsible for disconnecting Services with its current service provider. Windstream is not responsible for any charges assessed against Customer by such provider. Customer shall pay all charges if Windstream or a third party provider is required to extend the demarcation point or undertake special construction for Customer. Unless Windstream specifically agrees in writing to undertake equipment installation and maintenance work, Customer is responsible for all charges assessed by its phone system vendor and other third parties in connection with the installation of the Services and Windstream shall have no responsibility for maintenance or repair of same. 10. Third Party Software. As part of the Services, Customer may be allowed to use certain software and related documentation developed and owned by Windstream's third -party software licensors (collectively, the "Software'). This Software is neither sold nor distributed to Customer and Customer may use it solely as part of the Services and for no other purpose. Customer may not and agrees not to: (i) transfer such Software outside the Services or to any other person or entity; (ii) make copies of the Software, either through a virtual snapshot of the server containing the Software or otherwise; or (iii) transfer the Software outside of Windstream's infrastructure and/or premises. Further, Customer agrees to provide Windstream with evidence that its use of the Software is in compliance with the Agreement and/or third -party software licensor's terms from time to time during the Term as requested by Windstream. If Customer fails to provide such evidence when requested, or is otherwise not in compliance with the Agreement and/or third -party software licensor's terms, Windstream may, at its sole option suspend or terminate the Services that include the Software. For the avoidance of doubt, Windstream's Software licensors are not responsible for providing any support in connection with the Services or the Software. 11. Google. IF CUSTOMER SUBSCRIBES TO GOOGLE SERVICES THROUGH WINDSTREAM, CUSTOMER WILL BE REQUIRED TO COMPLETE A CLICK -THROUGH AGREEMENT FOR THE GOOGLE LICENSE POSTED AT hftp://www.windstream.GOm/leaal/Gooale Apps Premier Edition License ndf PRIOR TO USING THE RELEVANT SERVICES. Windstream may cancel Google Services at any time on thirty (30) days' notice and, at Windstream's option, may either terminate such Google Services altogether or move Customer to a similar platform. In the event that Windstream or Customer terminates the Google Services or downgrades or cancels Google Services, Customer is solely responsible for downloading all of its information to its computer within thirty (30) days. 12. Government Funding. Customer must notify Windstream of all restrictions, requirements and reporting obligations to which Windstream could become subject pursuant to any government program before Windstream provisions Services to Customer. Customer will not use such funds, including stimulus funds, grants or loans, in whole or in part, to support its performance under this Agreement without Windstream's prior written consent regarding any specifically applicable terms. If Customer fails to provide such prior written notice to Windstream of government funding or if Windstream does not consent to the use of such funding, then Windstream has the right, in its sole discretion, to reject any order or terminate this Agreement and/or any applicable Services, without liability or obligation to Windstream. If Customer requests government funds for payment of Services under this Agreement and such funding request is denied, Customer shall remain responsible for one -hundred percent (100%) of the cost of Services. 13. Documents Incorporated by Reference; Entire Agreement; Counterparts; Execution. THIS AGREEMENT IS SUBJECT TO AND INCORPORATES THE FOLLOWING BY REFERENCE, AS THEY MAY CHANGE FROM TIME TO TIME: (1) THE TERMS AND CONDITIONS OF THE TARIFFS FILED WITH STATE PUBLIC SERVICE COMMISSIONS; (II) THE FCC OR STATE WEB -POSTED PRICE LISTS OR TERMS AND CONDITIONS (EITHER "PRICE LISTS") POSTED AT htto•//windstream comldocuments/detariffedservices pdf; (III) FOR INTERNET, THE "ACCEPTABLE USE POLICY" POSTED AT htto•//www2 windstream neVcustomersupport/usersauide/acceot/acceot.html AND THE "PRIVACY POLICY" POSTED AT hhttp:a w windstream com/privacy asox; (IV) IF CUSTOMER IS OBTAINING CERTAIN VALUE-ADDED SERVICES (I.E., ONLINE BACK UP SERVICES, TECH HELP, ETC), CUSTOMER WILL BE REQUIRED TO CLICK -THROUGH AGREEMENTS RELATED TO THOSE SERVICES (CLICK- THROUGHS) PRIOR TO ACCESSING SUCH SERVICE, WHICH SHALL BE DEEMED PART OF THIS AGREEMENT; AND (V) THIRD PARTY SOFTWARE TERMS, IF APPLICABLE. This Agreement, the documents incorporated by reference and any addendums entered between the parties constitute the parties' entire Agreement. This Agreement may be amended only in a writing signed by authorized representatives of each party. This Agreement and its incorporated documents supersede any and all statements or promises made to Customer by any Windstream employee or agent. In the event of any conflict between the provisions of this Agreement and any of the documents incorporated by reference, the provisions of the Google License shall control for Google Services, followed by the Tariffs and Price Lists or Value -Added Services click -through agreements for applicable Services, this Agreement and then the Acceptable Use and Privacy policies. This Agreement may be signed in counterparts, and facsimile or electronic scanned copies may be treated as original signatures. Windstream also may execute this Agreement via a verifiable electronic signature. 14. Termination. Either party may terminate this Agreement by providing at least thirty (30) days' notice prior to the end of the initial Term or a Renewal Term, or if the other party is in breach of any material provision of this Agreement and such other party fails to cure within thirty (30) days after written notice; Customer must submit a disconnection request to businessconnects@windstream.com. Notwithstanding, unless prohibited by law, in the event of nonpayment, the breaching party shall have ten (10) days to cure after written notice. Customer's right to terminate for cause is limited to termination of the affected Services at the affected location only. In the event Customer rents equipment from Windstream and Customer terminates network Services pursuant to this section, Customer shall remain obligated to fulfill the remainder of the applicable equipment schedule term. Windstream may limit, interrupt, suspend or terminate Services immediately if: (a) after any required notice, Customer has not paid for Services, or has failed to pay a deposit or advance payment requested by Windstream; or (b) Customer uses the Services in an adverse manner that affects Windstream's network or other customers, Customer or others have used the Services fraudulently or unlawfully while on Customer's premises or via Customer's equipment or while the Services are under Customers control, or there otherwise occurs an event for which Windstream reasonably believes that the suspension or termination of Services is necessary to protect Windstream or Windstream's other customers from an imminent and significant operational, financial or security risk, in which case Windstream will provide advance notice if practicable or (c) Customer or others use the Services in an excessive, abusive, or unreasonable manner that is not customary for the type of Services; or (d) Customer resells any Services or uses the Services to aggregate other persons' traffic; or (e) Customer uses the Services for its own end users and/or customers as a telecommunications provider or any other kind of provider; or (f) Customer fails to comply with any fails to stop the behavior after receiving a written or verbal warnina from Windstream. In addition to the termination rights of Windstream set forth above, if Customer or others use the Services in an excessive, abusive, or unreasonable manner that is not customary for the type of Services (including, but not limited to, circumstances in which Windstream is receiving traffic from Customer that originates from a location other than the local calling area associated with the customer's service location or Customer is terminating large volumes of calls to areas in which the cost to terminate such calls is high or to a toll- free number, or when ten percent (10%) or more of Customers calls are six (6) seconds or less, and/or when more than forty percent (40%) of call attempts are uncompleted per trunk group and DSO/DSO equivalent), and whether or not such use of the Services is due to Customer or a third party accessing Customer's Services or Equipment fraudulently, Windstream may: (v) charge long-distance charges for such traffic and any additional charges necessary to recoup its administrative costs and any charges from other carriers; (w) charge an additional price per minute in Windstream's discretion for each call that violates this provision; (x) restrict or cancel use or convert customer to another plan; (y) require customer to pay for the excessive use immediately and make a deposit; and/or (z) void any applicable price guarantee. Windstream may restore service if customer corrects the violation and pays all outstanding amounts owed, including restoration charges. Prior to installation of Services, Windstream may attempt to verify the availability of facilities, and in the event that Windstream determines in its sole discretion that facilities are not economically or technically feasible, Windstream has the right to terminate this Agreement without liability. 15. Effect of Termination. a. Pre -Installation- If Customer terminates this Agreement after the Effective Date but prior to the installation of Service(s), Customer will pay Windstream a Pre -Installation Cancellation Charge ("Cancellation Charge') equal to three (3) months of MRCS except that if Windstream's costs to other Page 5 of 10 providers are greater than this amount, Customer shall also reimburse Windstream for such costs. Customer agrees that the Cancellation Charge is a reasonable measure of the administrative costs and other fees incurred by Windstream to prepare for installation. The Cancellation Charge set forth in this Section 15(a) is in lieu of the charges set forth in 15(b) below for post -installation cancellations. b. Post -Installation- CUSTOMER UNDERSTANDS THAT ITS RATES ARE BASED UPON ITS COMMITMENT TO PURCHASE SERVICES FOR THE TERM OR RENEWAL TERM. AS SUCH, IF CUSTOMER TERMINATES THIS AGREEMENT OR ANY SERVICES PROVIDED HEREUNDER AFTER INSTALLATION DURING THE INITIAL OR RENEWAL TERM FOR ANY REASON OTHER THAN FOR CAUSE, OR AS A RESULT OF WINDSTREAM'S TERMINATION FOR CUSTOMER'S BREACH, CUSTOMER SHALL PAY TO WINDSTREAM AS LIQUIDATED DAMAGES, AND NOT AS A PENALTY, AN AMOUNT EQUAL TO ONE HUNDRED PERCENT (100%) OF THE MRCS APPLICABLE TO THE TERMINATED SERVICES MULTIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE THEN -CURRENT TERM OR RENEWAL TERM ("LIQUIDATED DAMAGES"). CUSTOMER ACKNOWLEDGES THAT ACTUAL DAMAGES WOULD BE DIFFICULT TO DETERMINE AND SUCH LIQUIDATED DAMAGES REPRESENT A FAIR AND REASONABLE ESTIMATE OF THE DAMAGES WHICH MAY BE INCURRED BY WINDSTREAM, INCLUDING BUT NOT LIMITED TO ACTUAL EXPENSES INCURRED BY WINDSTREAM TO INITIATE OR TERMINATE THE SERVICES, THIRD PARTY COSTS, USE OF LIMITED NETWORK RESOURCES, INSTALLATION CHARGES WAIVED AND ANY DISCOUNTS OR CREDITS GRANTED. If Customer's proposal includes Monthly Minimum 'Charges or Fees ("MMCs" or "MMFs") and Customer terminates or disconnects less than the entirety of its Services such that its actual usage at a location falls below the MMC or MMF for that location, Customer will pay the MMC or MMF every month in lieu of the Liquidated Damages set forth above. If Customer's proposal does not includes MMCs or MMFs and Customer terminates or disconnects less than the entirety of its Services such that its actual usage at a location falls below fifty percent (50%) of its original contracted rate for that location, Customer will pay fifty percent (50%) of the MRCS every month in lieu of the Liquidated Damages set forth above. Additionally, if Customer received a bundled rate for the disconnected Sefvice(s), then Customer's charges may be adjusted by Windstream to the unbundled service rates. 16. Limitation of Liability. FOR PURPOSES OF THIS SECTION, AND THE FOLLOWING SECTIONS DESCRIBING INDEMNITY, DISCLAIMER OF WARRANTIES, AND EMERGENCY. CRITICAL LINES SECTIONS, "WINDSTREAM" INCLUDES ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, VENDORS, AND ANY ENTITY ON WHICH BEHALF WINDSTREAM RESELLS SERVICES. A. WINDSTREAM'S LIABILITY FOR SERVICES PROVIDED UNDER THIS AGREEMENT WILL NOT EXCEED THE LESSER OF: (1) CUSTOMER'S MRCS DURING THE PERIOD IN WHICH THE DAMAGE OCCURS, OR (11) CUSTOMER'S MRCS MULTIPLIED BY SIX (6). IF CUSTOMER'S SERVICE IS INTERRUPTED, WINDSTREAM'S LIABILITY WILL BE LIMITED TO A PRO -RATA CREDIT FOR THE PERIOD OF INTERRUPTION. CUSTOMER AGREES THAT THE PRICING OF SERVICES REFLECTS THE INTENT OF THE PARTIES TO LIMIT WINDSTREAM'S LIABILITY AS PROVIDED HEREIN. UNDER NO CIRCUMSTANCES WILL WINDSTREAM BE LIABLE FOR ANY ACCIDENT OR INJURY CAUSED BY SERVICES, ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA), ANY PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICE, OR ATTORNEY'S FEES. WINDSTREAM IS NOT RESPONSIBLE OR LIABLE IF SERVICES ARE LOST, STOLEN, MISUSED, OR THE VICTIM OF FRAUD, EXCEPT WHEN DUE SOLELY TO WINDSTREAM'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CUSTOMER IS RESPONSIBLE FOR ALL USAGE, CHARGES, AND LIABILITY INCURRED FOR SUCH LOSS, MISUSE, THEFT, OR THE RESULT OF FRUAD OF SERVICES WHILE IN CUSTOMER'S CONTROL, REGARDLESS OF WHETHER/WHEN WINDSTREAM NOTIFIES CUSTOMER OF INCREASED USAGE. B. ENTRY ONTO WINDSTREAM'S PREMISES IS AT CUSTOMER'S OWN RISK, AND WINDSTREAM ASSUMES NO LIABILITY WHATSOEVER FOR ANY HARM ARISING FROM ANY CAUSE OTHER THAN WINDSTREAM'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PERSONAL INJURY TO CUSTOMER DURING SUCH VISIT. WINDSTREAM IS NOT RESPONSIBLE IF EQUIPMENT IS LOST, STOLEN OR MISUSED, EXCEPT WHEN DUE SOLELY TO WIN DSTREAM'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CUSTOMERS RESPONSIBLE FOR ALL LOSS INCURRED FOR MISUSE, MISHANDLING OR PROVISIONING OF CUSTOMER EQUIPMENT INCOMPATIBLE WITH THE SERVICES, CHANGES MADE TO THE SERVICES BY CUSTOMER OR A THIRD PARTY NOT AUTHORIZED TO MAKE CHANGES, OR BY WINDSTREAM AT THE DIRECTION OF CUSTOMER. IN NO EVENT SHALL WINDSTREAM BE RESPONSIBLE FOR ANY THIRD -PARTY EQUIPMENT, INCLUDING ANY DAMAGES THAT MAY ARISE AS A RESULT OF DEFECTS OR ISSUES RELATED TO THE THIRD -PARTY EQUIPMENT. TO THE EXTENT WINDSTREAM IS LIABLE FOR DAMAGE TO, OR LOSS OF, CUSTOMER EQUIPMENT, SUCH LIABILITY WILL BE LIMITED TO THE THEN -CURRENT BOOK VALUE OF THE DAMAGED EQUIPMENT. EACH PARTY IS RESPONSIBLE FOR INSURING THE EQUIPMENT AND PROPERTY IT OWNS WITH COVERAGE CONSISTENT WITH INDUSTRY STANDARDS. 17. Indemnity. EACH PARTY WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OTHER PARTY, AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL THIRD -PARTY CLAIMS ARISING OUT OF THE INDEMNIFYING PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT. FURTHER, CUSTOMER WILL DEFEND, INDEMNIFY AND HOLD HARMLESS WINDSTREAM FROM AND AGAINST ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH (1) ANY FAILURE BY CUSTOMER OR CUSTOMER'S END USERS TO COMPLY WITH WINDSTREAM'S ACCEPTABLE USE POLICY OR APPLICABLE LAW, OR (II) CLAIMS OF OWNERSHIP OR SUPERIOR RIGHTS TO CUSTOMER EQUIPMENT OR OTHER INTELLECTUAL PROPERTY BY A THIRD PARTY. 10. Force Majeure. Windstream shall be excused from, and shall have no liability, including service credits, with respect to, any delay or failure to perform hereunder caused by any event beyond its reasonable control, including but not limited to, (1) cable cuts or common carrier delays; (ii) actions, failures to act or delays by Customer or others authorized by the Customer to use the Service; (iii) failure of power, equipment, services or systems not provided by Windstream including but not limited to other providers' networks and interconnections to or from and connectivity with other Internet Service Providers' networks; (iv) Customer owned or leased equipment or facilities (i.e., Customer's PBX, Local Area Network (LAN); (v) during any period in which Windstream or its agents are not afforded access to the premises where access lines associated with the Services are terminated or the Customer elects not to release the Services for testing and/or repair and the Customer continues to use Services; (vi) maintenance (planned or emergency) or implementation of a Customer order that requires a Services interruption (Windstream reserves the right to schedule maintenance and upgrades to the network seven (7) days a week from 12a.m. to Sam. in the local time zone of the area being worked on without prior notice to Customer or upon reasonable advance notice outside these time frames); (vii) when a Service Outage has not been reported to Windstream or where there is a trouble reported, but no trouble found; and (viii) labor difficulties, governmental orders, civil commotion, acts of God and other circumstances beyond Windstream's reasonable control. 19. Disclaimer of Warranties. EXCEPT AS OTHERWISE PROVIDED HEREIN, SERVICES, EQUIPMENT, AND THE DESIGNATED CUSTOMER AREA ON WINDSTREAM'S PREMISES, IF APPLICABLE, ARE PROVIDED ON AN "AS IS" AND "AS -AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON -INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY ARISING BY COURSE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ANY WARRANTY THAT THE SERVICES WILL MEET CUSTOMER's requirements OR ANY WARRANTY REGARDING THE QUALITY, CONTENT, ACCURACY OR VALIDITY OF THE INFORMATION OR DATA RESIDING ON OR PASSING THROUGH OR OVER THE NETWORK AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, BROADBAND SPEEDS, UNINTERRUPTED OR ERROR -FREE SERVICE, TRANSMISSION QUALITY, AND ACCURACY OF ANY DIRECTORY LISTINGS ARE NOT GUARANTEED. EXCEPT AS EXPRESSLY PROVIDED IN WINDSTREAM'S PRIVACY POLICY, WINDSTREAM HAS NO OBLIGATION TO PROVIDE SECURITY OR PROTECTION FOR CUSTOMER'S PRIVACY, CONFIDENTIAL INFORMATION OR DATA. NO ORAL OR WRITTEN ADVICE OR INFORMATION BY WINDSTREAM'S EMPLOYEES, AGENTS OR CONTRACTORS SHALL CREATE A WARRANTY, AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION. Page 6 of 10 20. Emergency. Critical Lines. ATTEMPTS TO ACCESS 911 IN AN EMERGENCY. Examples include voice over Internet protocol ("VoIP"), Centrex, Allworx Reach T" Application ("Allworx ReachT "), and private branch exchange. Additionally, because T1 s and VoIP can cease operating during a power outage, Customer should have a basic business or copper line for elevator, alarm, E911 and other critical functions. When using VoIP service or Aliworx Reach", Customer must timely update changes to their registered location for 911 services. By signing this Agreement, Customer acknowledges that Customer has read this disclosure. By proceeding with use of Services, Customer assumes all responsibility and risk of harm, loss, or damage in the event that 911 access fails, is not possible, or does not provide the address, correct address, extension or other information to emergency authorities. 21. Miscellaneous. (a) Notices and Electronic Communications: Any notice pursuant to this Agreement must be in writing and will be deemed properly given if hand delivered or mailed to Customer at the address populated on Customer's proposal or to Windstream at Windstream, Attn: Correspondence Division, 1720 Galleria Blvd., Charlotte, NC 28270, windstream business.supportwindstream.com or at such other address provided to the other party. Please note, all Customer disconnection requests must be sent to businessconnects@windstream.com. CUSTOMER AGREES THAT WINDSTREAM MAY SEND ELECTRONIC MESSAGES TO CUSTOMER CONCERNING WINDSTREAM'S SERVICES; (b) Applicable Law: Venue: This Agreement is subject to applicable federal law and the laws of the state in which the Services are provided, without regard to that state's conflict of laws principles. If this Agreement covers multiple states, then it is subject to Nebraska law, without regard to its conflict of law principles. The parties agree to submit to the exclusive jurisdiction of federal courts in the state in which the Services are provided (or federal courts in Nebraska, if the Agreement covers multiple states) so long as diversity and the amount in controversy requirements are met, or a federal question is at issue; (c) Waiver of Jury Trial. EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT; (d) Statute of Limitations: No claim may be asserted by either party against the other with respect to any event, act or omission for which a claim accrued more than two (2) years prior to such claim being asserted; the foregoing statute of limitations is not applicable to billing disputes, which are governed by the timeframe for disputes described in Section 4; (e) Assignment: Either party may assign this Agreement to an affiliate or acquirer of all or substantially all of its assets without any advance consent from the other party, but Customer shall provide Windstream with notice and complete all paperwork necessary to effectuate any change in ownership or other account changes. Otherwise, Customer may not assign its rights and obligations under this Agreement without Windstream's advance written consent. Any attempted assignment in violation of this provision is void; (f) Third Party Beneficiaries: No third party shall be deemed a beneficiary of this Agreement; (g) Publicity: Customer agrees that Windstream may publicly disclose that Windstream is providing Services to Customer and may include Customer's name in promotional materials, including press releases; (h) Waiver: Either party's failure to enforce any right or remedy available under this Agreement is not a waiver; (i) Severability: If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect; 0) Survival: Sections 16 through 21 survive after this Agreement ends; (k) Handwritten Chances: Handwritten changes are not binding on either party; (1) Use of Products in U.S. Customer acknowledges that the transfer and use of products, services and technical information outside the United States are subject to U.S. export laws and regulations. Customer shall not use, distribute, transfer, or transmit the products, services or technical information (even if incorporated into other products) except in compliance with U.S. export laws and regulations. At Windstream's request, Customer shall sign written assurances and other export - related documents as may be required for Windstream to comply with U.S. export regulations; (m) Representation on Authority of Parties/Signatories: Each person signing this Agreement represents and warrants that he or she is duly authorized in accordance with its corporate governance documents and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized in accordance with its corporate governance documents and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms; (n) Confidentiality: Except when this Agreement is required to be filed with a governmental authority or as may otherwise be required by local, state or federal freedom of information laws, the parties agree that this Agreement contains proprietary and confidential information and shall not be disclosed publicly to any third party except the such dealer(s) or agent(s) of Windstream that are negotiating with Customer in order to execute this Agreement. 22. Service Specific Provisions: For Dynamic IP Services only: Customer represents and warranties that it will immediately notify and post alternative dialing instructions to its end-users if any restrictions or limitations to access emergency 911 services a result from its actions including but not limited to: (a) Extending the origination of outbound calling capabilities of the Dynamic IF service outside of the Windstream Dynamic IP -serviceable area by means of private circuits, wireless service, public networks, the public Internet or other means; (b) Implementing call routing schemes within its applications, systems or networks which may prevent access to emergency services; or (c) Implementing call routing schemes within it applications, systems or networks which may route outbound emergency 911 calls to Public Service Answering Points (PSAPs) other than the PSAP servicing the calling party end-user location. Customer agrees to indemnify and hold Windstream harmless from all claims, causes of action, damages and judgments arising from restrictions or limitations to access emergency 911 services as a result of customer's actions or inactions in ensuring that all 911 dialed calls are routed to the proper PSAP using Windstream's dynamic IP service. For Managed CPE Firewall Services only: Authorization to Perform Testing, Certain laws and regulations prohibit the unauthorized penetration of computer networks and systems. Customer hereby grants Windstream the authority to access Customer's networks and computer systems solely for the purpose of providing the Managed CPE Firewall Service. Customer acknowledges that the Managed CPE Firewall Service constitutes permitted access to Customer networks and computer systems. In the event one or more of the IP Addresses Customer gives to Windstream are associated with computer systems that are owned, managed, and/or hosted by a third party service provider ("Host"), Customer agrees to: (i) notify Windstream of such Host arrangement prior to the commencement of any Managed CPE Firewall Service; (ii) obtain Host's written consent for Windstream to provide the Managed CPE Firewall Service on Host's computer systems, which includes acknowledgement of the risks and acceptance of the conditions set forth herein; (iii) provide Windstream with a copy of such consent, acknowledgement and acceptance; and (iv) facilitate any necessary communications and exchanges of information between Windstream and Host in connection with the Managed CPE Firewall Service. Customer agrees to indemnify, defend and hold Windstream and its suppliers harmless from and against any and all claims, losses, liabilities and damages, including reasonable attorney's fees that arise out of Customer s failure to comply with this section. Customer will indemnify and hold Windstream and its suppliers harmless from any and all third party claims that arise out of the testing and evaluation of the security risks, exposures, and vulnerabilities of the IP Addresses that Customer provides. Customer acknowledges that the Managed CPE Firewall Service entail certain risks including the following possible negative impacts: (i) excessive log file disk space may be consumed due to the excessive number of log messages generated by the Managed CPE Firewall Service; (ii) performance and throughput of networks and associated routers and firewalls may be temporarily degraded; (iii) degradation of bandwidth; and (iv) Customer computer systems may hang or crash resulting in temporary system unavailability and/or loss of data. With regard to any software components of the Firewall Device, Customer agrees it will not: (i) use or make any copies of the software; (ii) reverse engineer, decompile, or disassemble the software; (iii) sell, resell, transfer, license, sublicense, or distribute the software; or (iv) create, write, or develop any derivative software or other software program that is based on such software. Customer agrees to indemnify, defend and hold Windstream and its suppliers harmless from and against any and all claims, losses, liabilities and damages, including reasonable attorney's fees, which arise out of Customer's failure to comply with the foregoing. Page 7 of 10 Windstream VoIP 911 Disclosure Windstream is subject to an FCC requirement to provide notification of any E911 limitations that may be associated with the service provided to your company. There are critical differences between traditional telephone service and Windstream VOIP service: 911 emergency services will not be available in the event of a power failure. 911 emergency services will not be available in the event of an internet failure. There are severe limitations (details below) to 911 emergency services if you move your phone from its registered location. Loss of 911 services due to power failure or Internet connection failure: Historically, telephone service has been powered by electrical power within the telephone network. If you subscribe to Windstream VOIP service, power is supplied directly from the premise in which you are operating the telephone. In the event of a commercial power outage, and if your building does not have a back-up power system, your telephone service, including 911, will not function until power is restored. Loss of power to your broadband gateway (through which your service is provided) will cause a loss of telephone and 911 services. Any Internet connection failure will cause a loss of telephone and 911 services. Windstream recommends that you always have an alternative means of accessing 911 during a power failure or Internet connection failure. To ensure that 911 calls are properly routed: • Do not move the equipment installed at your premise to another location. Use of the telephone service at another location will prevent E911 service (the ability of the 911 operator to automatically determine your location) from working. • If you have users that will be using devices such as Software telephones that are installed on mobile personal computers, Laptops, Smart Phones, Netbooks and any other mobile VoIP supported device that is intended to be mobile with Windstream service, you must update your service address prior to using the service from a different location by contacting Windstream Customer Service at 1-855-361-7792 in order for your current location to be transmitted automatically and accurately to emergency services. • Always state the telephone number and address that you are calling from to the 911 operator. The 911 operator receiving the emergency call may not be able to automatically identify your phone number and physical location and be able to call you back if the call is disconnected, therefore you must specify the exact location of the emergency and the telephone number from which you are calling. • Contact the Windstream Business Center at 800-600-5050 when you plan to move your service address. Since your Windstream VolP service will not provide 911 services from another location, you must notify Windstream before you move the registered location of your service. To help remind you about the availability of 911 emergency service, we have provided stickers to be placed on or near your telephones and devices. Customer Affirmation of Notification I have read the above notice and understand that there are critical differences between 911 service with Windstream Vole and traditional telephone service. q?imted pam Sagtialzire= Account number Page 8 of 10 APPLICATION FOR CREDIT Representative: Scurr, Lauren L Wlrldstream. Representative Phone: 949-265-2156 Page 9 of 10 Customer Name: CITY OF DIAMOND BAR Tax Exempt Status: Federal Tax ID or SS Number: EMR: $1,274.83 Notice Address: 21810 COPLEY DR Years In Operation: Number Of Employees: City: DIAMOND BAR State: CA Zip: 91765 Business Structure: Nature Of Business: 'rz u. —,— ✓_.R -.=.P 3 _vA .". •—.. FNP 1A .b4i57 - Company Name: Address: City: State: Zip: Contact Name: Isaac Aziz AP Contact Name: Contact Phone: 909-839-7081 AP Contact Phone: Contact Fax: AP Contact Fax: Contact Email: AP Contact Email: Principal/Partner/Officer Full Name: Title: Bank Name: Address: Bank Contact Name: City: Bank Contact Phone: State: Bank Contact Fax: Zip: Account Number: 77 Vendor Account Number Phone Fax Contact 1. Address: 2. Address: 3. Address: Current Local Telco: Current LD Carrier: Authorization Accepted By Customer I hereby represent that I am authorized to submit this application on behalf �1fl�dt6 f&' of the Customer named above, and the information provided is for the purpose of obtaining credit and is warranted to be true. [/We hereby P!lnted N me: a.. authorize Company, and its affiliates to investigate the references listed -- pertaining to my/our credit and financial responsibility sold. I further,de,�l represent that the customer applying for credit has the financial ability and willingness to pay for all invoices with established terms. Date:; Page 9 of 10 windstream® LETTER OF AUTHORIZATION I am the Customer of Record or the Authorized Representative responsible for payment for each of the telephone numbers listed herein. I appoint PAETEC Communications, Inc., on behalf of itself and its affiliates* ('PAETEC") a Windstream company to act as my agent for the purpose of collecting account information (including service records and equipment listings) and implementing the change(s) authorized on this document and to investigate my credit history to the full extent permitted by applicable law. I understand that I may only select one local exchange carrier and one primary interexchange carrier for any one telephone number for the services selected below. Further, I understand that my current local exchange provider may charge a per -line fee for changing long distance carriers. Other charges for switching local exchange carriers may apply. When accompanied by a signed service agreement, I authorize PAETEC to act as my agent for the purposes of coordinating, ordering, and/or converting of the specific telecommunications service(s) that my existing telecommunications carrier(s) provide to me. I hereby authorize the change of my telecommunications carrier(s) from that/those which I am currently using to PAETEC for each of the service types that I have designated below and in my service agreement. This includes without limitation the removal, addition, rearrangement or conversion of those telecommunications services to PAETEC. I acknowledge that I must not cancel service with my current provider until the port process to PAETEC is complete. To the extent I have any duplication of service with my current provider, I understand that I am responsible for canceling such service with my current provider upon completion of service activation with PAETEC. INSTRUCTIONS: LIST ALL APPLICABLE BILLING TELEPHONE NUMBERS ("BTNs and all associated telephone numbers") IN TABLE 2 BELOW OR LIST THE MAIN BILLING TELEPHONE NUMBER BELOW AND ATTACH A DOCUMENT IDENTIFYING ALL ASSOCIATED TELEPHONE NUMBERS SUBJECT TO THIS LOA; THEN MARK EITHER TABLE 1 OR COMPLETE THE REMAINDER OF THE BLOCKS IN TABLE 2. I hereby select PAETEC as my primary provider of: (1) ALL of the services selected in Table 1 below for all the BTNs listed in Table 2 below: Table 1 OR Local ServiceIntraLata Toll Service In -State Long Distance Domestic Long Distance International ❑ 1 ❑ I ❑ ❑ ❑ (2) on a per line basis, only the selected services for the following BTNs: Table 2 BTN (Billed Telephone Number) (use additional Local Service sheets for more BTNs) Intra Lata Toll Service In -State Long Distance Domestic Long Distance International ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1 ❑ I ❑ ❑ ❑ ❑ I ❑ I ❑ ❑ ❑ ❑ I ❑ I ❑ THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL REVOKED IN WRITING BY THE CUSTOMER. Authorized Gustamerc5)gnatuKI ;% Telephone Number: Federal Tax ID Number: D.B.A (if applicable): Diib� *or the following Windstream companies: US LEC CORP. d/b/a PAETEC Business Services; US LEC COMMUNICATIONS L.L.C.. d/b/a PAETEC Business Services; US LEC OF ALABAMA LLC d/b/a PAETEC Business Services; US LEC OF FLORIDA LLC d/b/a PAETEC Business Services; US LEC OF GEORGIA LLC d/b/a PAETEC Business Services; US LEC OF MARYLAND LLC d/b/a PAETEC Business Services; US LEC OF NORTH CAROLINA L.L.C. d/b/a PAETEC Business Services; US LEC OF PENNSYLVANIA L.L.C. d/b/a PAETEC Business Services; US LEC OF SOUTH CAROLINA L.L.C. d/b/a PAETEC Business Services; US LEC OF TENNESSEE L.L.C. d/b/a PAETEC Business Services; US LEC OF VIRGINIA L.L.C. d/b/a PAETEC Business Services, PAETEC Communications of Virginia, Inc., McLeodUSA Telecommunications Services, L.L.C. d/b/a PAETEC Business Services and McLeodUSA Information Services, L.L.C.; Intellifiber Networks, Inc.; Cavalier Telephone L.L.C. d/b/a PAETEC Business Services; Cavalier Telephone Mid -Atlantic L.L.C. d/b/a PATEC Business Services; Talk America, Inc. d/b/a Cavalier Telephone and PAETEC Business Services: Talk America of Virginia, Inc., d/b/a Cavalier Telephone and PAETEC Business Services; LDMI Telecommunications, Inc. d/b/a Cavalier Telephone and PAETEC Business Services; Network Telephone Corporation d/b/a PAETEC Business Services; The Other Phone Company, Inc d/b/a PAETEC Business Services. Page 10 of 10 CITY COUNCIL Agenda # 6.5 Meeting Date: 112012015 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e6 X`_ TITLE: Authorize the City Manager to execute any necessary documents/agreements, from "SC Fuels" for 36 months of City Vehicle Fuel Card Services, in an amount not to exceed $100,000.00. RECOMMENDATION: Approve BUDGET/FINANCIAL IMPACT: There are sufficient appropriated funds in the FY14-15 budget for this expenditure, and staff will seek required appropriations during the FY15-16 and FY16-17 budget process. DISCUSSION: Background: The City currently purchases fuel for its vehicles, from retail gas stations. Staff make these purchases using their "Cal Cards", which are functionally equivalent to standard bank issued credit cards. City vehicles, consume around 8,000 gallons of fuel a year. One of the downsides to this is that the City pays full retail price, including all applicable State and Federal taxes on each gallon. The City is entitled to request a refund from the State, for the State portion of the taxes. However, the paperwork burden is onerous. Another issue has been that these card numbers can be used to make purchases at other businesses, which make them susceptible to card skimmers and fraudulent use. The City operates about 20 vehicles that need maintenance at regularly scheduled service intervals. Collecting vehicle mileage is currently a manual process. Collecting this data electronically during fueling would allow this data to be used as input to a computerized maintenance scheduling system. Current Service Needs: The City would like to use a card that can only be used to purchase fuel only, is less susceptible to fraudulent activity and does not collect State Gas tax. Additionally the City would like to collect current mileage during refueling, with the ability to export that data to a maintenance system, and enforce purchase and transaction limits at purchase. Solution Development, Cost & Recommendation: Six companies were contacted regarding providing a "Fuel Card" service to the City. 1. SC Fuels 2. FuelMan / Fleetcor 3. P -Fleet / US Bank Voyager Fleet Card 4. Fuel Master 5. Gasboy 6. Wright Express All of the vendors charge the same transaction fee of $.03 per gallon. All vendors are accepted at major gas stations with the exception of Arco. Three vendors offer purchase and transaction limits that can be set by a City administrator. SC Fuels offers the best payment terms at Ned 5 versus Net7 & Net10 from the other two vendors. Only two of the vendors can automatically exempt the $.18 per gallon State fuel tax from our billing. Only SC Fuels offers a semi-monthly billing cycle, versus weekly for all others. Furthermore, SC Fuels can provide export data files, which will be able to be used by our computerized maintenance scheduling system, saving staff manual input time. Additionally, the City will save about $1,200.00 (8000 gallons x net savings of $.15 after vendor $.03 fee) due to automatic exemption of the State gas tax from our fuel bill. Taking into consideration all of the variables by which the Fuel cards can be compared, SC Fuels offers the most flexibility, cost savings, and value. Therefore, it is recommended that the City Council authorize the City Manager to execute any necessary documents/agreements required to implement a "Fuel Card" service with SC Fuels, in an amount not to exceed $100,000.00 over 36 months. Prepared by: Reviewed by: Ken Desforges, Director form ystems Dianna Honeywell, Director Fina ce Attachment: SC Fuels Fleet Card Service Agreement 2 YOUR SINGLE CHOICE FOR FUEL www.scfUels.com- 7 1gy1 Southern Counties Oil Co., a Caldomm Limited Partnership Corporate Office . 1800 West Knolls Avenue, Suite 400, Orange, CA 92867 a (800) 966-7140 a Fax (714) 922-7260 Long Beach Office • 320 Golden Shore, Suite 400, Long Beach, CA 90802 • (562) 499-4933 • Fax (562) 499-4990 Modesto Office a 1401 F Street, Suites 100 — 300, Modesto, CA 95354 • (800) 399-4176 a Fax (209) 556-5005 Cardlock Fuels System, Inc . 526 West Milling Street, Lancaster, CA 93534 . (800) 441-1215 a Fax (714) 922-7300 Coast Fuels, LLC • 2075 Alum Rock Avenue, San Jose, CA 95116 • (408) 625-6098 . Fax (408) 625-6089 Southern Counties Lubricants, LLC • 1625 West Collins Avenue, Orange, CA 92867 a (800) 984-5823 • Fax (714) 922-7312 All the companies are referred to herein as 'SC Fuels" Customer in material noterve upoq:suchIpformshon- The: undersigned provides authorization to release any information necessary toward the processing also account application with SC Fuels, This Info[rriaXen wall ha IWpI sGldiy confidential', The undersigned has read and agrees to the Terms and Conditions (and Additional Cardlock Terms and Conditions If applicable) attached to this agreement and agrees that all of those Terms and Conditions are binding on the Customer. Facsimile and scanned signatures shall have the same force and effect as an original signature. [X] Signature .Date: -Federal ID#. AUTHORIZED COMPANY REPRESENTATIVE Legal Name of Company Dt6A Years In Business Telephone - Fax E-mail -- - ❑ Own ❑ Lease Business Address City -- --- Stale Zip How long at this addrii Check one: _Proprietorship Partnership ...._LLC ..Corporation Non Profit _Subsidiary of Parent Company Name of Parent. Tax Exempt: ❑ Yes in No _Single Entity (not a subsidiary) Primary Business Activity Dun & Has the company ever filed for bankruptcy? ❑ Yes Cl No If so, when and what Chapter? BUSINESS BANK INFORMATION Primary Bank Address City Slate Zip Bank Contact PersonlPhone Fax Account Type and Number CREDIT REFERENCES Business Name Address City - Zip - Phone - Fax Business Name Address - City - - Zip --- --Phone - Fax Business Name Address CM -- - ZJ Phone Fax Name Position SS q Home Address. Cil Zip. Home Phone Drivers ucd.. -., Dale of Birth ❑ Own ❑ Rent - ---_ Personal Net Worth, Have you ever filed for personal bankruptcy? ❑ Yes ❑ No I certify that the Information Is true and coned. As a principal of the applicant, I authorize and request SC Fuels to obtain and consider my personal credit in conjunction with this application. Facsimile and scanned signatures shall have the same force and effect as an original signature. [X] Signature Name Position SSS# Home Address CilyfSl Zip --- Home Phone Drivers lids Data of Birth ❑ Own ❑ Rent Personal Net Worth-._ -- Have you ever filed for personal bankruptcy? ❑ Yes ❑ No I certify that the Information is true and correct. As a principal of the applicant, I aulhonze and request SC Fuels to obtain and consider my personal credit in conjunction with this application. Facsimile and scanned signatures shall have the sameforce and effect as an original signature, - FOROFFICEUSE ONLV FOR OFFICE USE ONLV SC Fuels Cred(Manager Oete Sales Parson Nam & Coda [X] Signature Charlie Whitaker Page 1 of 3 The entity or individual applicant (hereinafter "Customer") agrees to pay all charges when due. in the event said charges are not timely paid, Customer agrees to pay SC Fuels a service charge of 1.5% per month on the unpaid balance for all charges not paid within the due date (or the highest rate allowed by law). This is not interest on a loan or a finance charge but an agreed to service charge for the failure to timely pay for goods and services received. Customer acknowledges credit limits set by SC Fuels are solely for the benefit of SC Fuels and may be modified at any time by SC Fuels at SC Fuels' sole discretion. Any purchases by Customer in excess of a prior credit limit shall be deemed a waiver of the existing credit limit. Customer acknowledges Invoices and statements will provide Customer with actual knowledge of such modifications. Customer agrees to pay for all purchases notwithstanding the credit limit in effect at that time of purchase. To secure the payment, Customer grants SC Fuels a purchase money security interest in the products sold under this agreement whether constituting goods, payment intangibles and/or general intangibles, including all accessions to and replacements thereof, and all proceeds of the foregoing. Customer authorizes SC Fuels to file one or more financing statements signed only by SC Fuels without Customer's signature and to use a copy of this agreement as an exhibit to any financing statement. Customer shall execute any additional documents, instruments, financing statements or amendments to perfect or continue the security Interest created by this agreement. SC Fuels shall have all of the rights and remedies of a secured party under the Uniform Commercial Code in effect in the state Where they reside from time to time, which remedies shall be cumulative and not exclusive. SC Fuels may, at its option, refuse to permit charges to be incurred on the account. Delivery of product to the facilities or trucks of Customer may be made without obtaining signatures upon delivery. Delivery times are "best efforts" only. SC Fuels will not be responsible for any claims or damages whatsoever for failure to deliver at certain times. Customer and the undersigned certify that the delivery location is unbranded and will immediately notify SC Fuels of any change in writing by certified mail. The parties agree that, if the account is referred for collection to an attorney, the Customer and the undersigned will pay reasonable attorneys' fees and costs of collection. The parties agree, notwithstanding applicable conflict of laws, that the laws of the Stale of California shall apply to interpretation and enforcement of the terms and conditions set forth herein, as well as any other dispute arising out of this agreement, whether based in contract, tort, statute or otherwise. The parties further agree that, because this contract is made and is to be performed in Orange County, CA., if any litigation is commenced to arising out of this agreement, the sole and exclusive venue for resolution of these disputes will be in Orange County, California, in either the California Superior Courts for the County of Orange or the U,S, District Courts for the Central District of California (Southern Division). Customer and undersigned guarantor further agree that they will irrevocably submit to the jurisdiction of this selected venue, which selection is intended to be mandatory, and waive all right to seek venue elsewhere. The parties further covenant and agree, if suit or litigation is filed by either party to this agreement, California retains both in rem and in personam jurisdiction over both parties and their assets. To the maximum extent permitted by the applicable law, SC Fuels' total aggregate liability to Customer for any claim arising out of or In connection with this agreement for breach of contract, breach of warranty, breach of statutory duty or negligence or other tort, whether by virtue of strict liability or otherwise, will not exceed the invoice value of the relevant delivery of Product, if delivered, or if the above breach of Agreement consists of a failure to deliver, the invoice value of the Product had it been delivered and invoiced. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR LOSS OF PRODUCTION, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR REPUTATION, OR WASTED EXPENDITURE OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE COST, EXPENSE, LOSS OR DAMAGE OF ANY KIND. [X] Initial [Xj Initial CONTINUING PERSONAL GUARANTY As a direct and material inducement to one or all of the SC Fuels' companies to grant financial accommodations or otherwise extend credit to Customer, the undersigned Qolnlly and severely) hereby unconditionally personally guarantees to SC Fuels the payment, when due, of every claim (including but not limited to service charges, reasonable attorneys' fees and costs) of SC Fuels against the Customer. This is a continuing personal guaranty and shall remain in full force until written revocation from the undersigned is actually received by SC Fuels, but such revocation shall be effective only as to claims of SC Fuels that arise out of transactions entered into after its receipt of such notice. SC Fuels shall not be required to first proceed against applicant or enforce any other remedy before proceeding against either of the undersigned. As a continuing personal guaranty, this shall not be discharged by the death of the undersigned and shall bind the helm, administrators, representatives and assigns and may be enforced by or for the benefit of any successor assignee of SC Fuels, The term of this guaranty shall be for the duration of the agreement, and any addendum thereto, and shall guarantee all obligations that may arise or occur during the term thereof though enforcement shall be sought subsequent to any termination. Notwithstanding the full payment of any claim or receipt of any revocation, this continuing personal guaranty shall remain in full force and effect or be reinstated with respect to claims against the Customer if the Customer files for bankruptcy protection, or in any court proceeding an order or judgment is entered compelling SC Fuels to return or refund any amount of payment made with respect to the claims. Further, the undersigned agrees to and hereby does, waive any and all right to subrogation against the Customer for monies paid to SC Fuels under this or any other agreement binding the undersigned or the Customer. The undersigned waives all statutory rights available to them as sureties. The undersigned further agrees to pay all reasonable costs, expenses and attorneys' fees incurred in the enforcement of this continuing personal guaranty, or in the enforcement of any obligation as a result of the extension of credit. Facsimile and scanned signatures shall have the same force and effect as an original signature. [X] Signature Please Print Name [X] Signature Please Print Name AUTHORIZATION FOR CALIFORNIA STATE BOARD OF EQUALIZATION SALES TAX INQUIRY In consideration of doing business or potentially doing business with SC Fuels, the Customer, the holder of sales permit # hereby authorizes the credit manager for SC Fuels to contact the California State Board of Equalization for the purpose of receiving the status and amount of sales tax due and owed by the Customer. The Customer hereby releases SC Fuels and the Slate Board of Equalization from any and all liability resulting from or pertaining to the Information provided under this Authorization. This Authorization shall remain In full force and effect upon my application for credit and for the duration of my/our business relationship. This undersigned represents and warrants that it is authorized to grant this Authorization to SC Fuels. Name: Title' Page 2 of 3 Signature: _ Date IYP P....I ,•Y P Y P Y SC Fuels' access cards ("Card(s)") will be used only by a commercial enterprise or government body in its business, and the fuel obtained will not be available for personal or retail use. This is a commercial transaction and does not constitute consumer credit under any applicable law. Each Card is a "key or card key" under California Civil Code § 1747.02(a)(3). Customer hereby accepts the obligation and responsibility for payment for all charges made with Card(s) issued to Customer. Should any of the Card(s) issued to Customer be lost, stolen or misplaced. Customer shall remain liable for any purchases made with lost or stolen Card(s). This obligation extends until SC Fuels receives proper notice of the lost or stolen Card(s) from Customer, provided this notice includes the Card number for each lost or stolen Card. Customer agrees to, and acknowledges, full liability for the losses resulting from any failure to report unauthorized use of Card(s) in accordance with the terms hereof. Customer represents that any person using a Card issued in the name of Customer will be taught all safety regulations to ensure safe operation of all fueling sites. SC Fuels shall not be liable for any damage or claims that may result from its failure to provide fuel or the failure of any equipment in any manner whatsoever. Customer covenants to use, and to cause any person using a Card issued to Customer to use, their best efforts to avoid any fuel spills at the sites and to keep the fueling sites neat and dean. Customer and those using the Card(s) delivered to Customer hereunder represent to SC Fuels that those using the fueling sites are aware of the proper use of the fueling sites and Customer and guarantors will indemnify and hold SC Fuels, its officers, directors, shareholders, landlords, tenants and agents harmless from any liability, claims and costs Including, but not limited to, those for bodily injury and property damage that may be caused in whole or in part by the use of the Card(s) by the Customer or those using the Card(s) delivered to the Customer hereunder, SC Fuels maintains the absolute right exercisable In its sole discretion to interrupt or terminale use of any and all Cards) issued to Customer. Any claim for defective fuel or any other claim for defective product(s) is waived by Customer and guarantor unless made within fifteen (15) days from the Customer's purchase of defective fuel or purchase of the product or services giving rise to the claim. In consideration of SC Fuels selling merchandise and services to this Customer, the Customer agrees to SC Fuels payment terms and conditions hereof and as described on SC Fuels billing statement regarding all purchases made by Customer, on Customers behalf or using Card(s) issued to Customer. Any disputed charges must be identified by Customer and/or guarantor within ninety (90) days of original Invoice date. After ninety (90) days, all charges are conclusively deemed valid. Customer agrees that it shall notify SC Fuels no later than the earlier of (i) forty-eight (48) hours following receipt of the SC Fuels statement including unauthorized use of Card(s) or (ii) upon learning of unauthorized use of Card(s). Without in any manner limiting the full assumption of liability 'set forth in this paragraph and in this agreement, Customer agrees to and acknowledges full and complete liability for any losses resulting from any unauthorized use prior to notice and for any failure to report unauthorized use of Card(s) in accordance with the terms hereof. Customer agrees to pay SC Fuels a maintenance fee of $20.00 per year,. In addition, Customer agrees to pay a new account nonrefundable set up charge in the amount of $25.00. Other fees may apply for mail delivery of invoices... Y N m [X] Initial:-- i4[Xt Initial iI1�� _ Z CUSTOMER Number of Vehicles Expected Monthly Fuel Volume Initial Credit Limit Requested Please specify the number of Gasoline + Diesel + All Products = Total number of vehicles Vehicles in fleet per type of fuel Number of vehicles Number of vehicles Number of vehicles We hereby authorize SC Fuels and each of its successors and assigns and other affiliated companies to initiate debit entries to our checking account indicated below and the depository named below (hereinafter called "Depository) to debit the same to such account. This Is a binding agreement that may be executed by facsimile. DEPOSITORY BANK BANK ACCOUNT # ABA# (Routing#) This EFT agreement Is to remain in full force and effect until SC Fuels and the Depository have received written notification from us in such time and manner as to afford SC Fuels and the Depository a reasonable opportunity to act on the notification. This agreement allows SC Fuels to charge debits to this account at frequent intervals for varying amounts. LEGAL NAME OF COMPANY [X] Signature DATE 'AUTHORIZED SIGNER ON THE BANK ACCOUNT " ATTACH VOIDED CHECK '. JahnOw.. 1>z art_ �. YUAN M {ryifpl0 ryNriryA. 11N Version 10.01,13 Page 3 of 3 TO: CITY CLERK FROM: ���( ��5 DATE: ADDRESS: PHONE: (Optional) (Optional) ORGANIZATION: AGENDA#/SUBJECT: It Fv�iji 664-cs 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. yCl-stn Signature This document is a public record subject to disclosure under the Public Records Act.